11:00 AM
RE: [414] Motion for Setting Property Value for 966 Ruby Avenue, Ventura, California; Declarations of Aimee Nozzi and Kevin Masterson
FR. 11/5/2019
Docket 414
Debtor(s):
Aimee Nozzi Represented By
Stella A Havkin
Movant(s):
Aimee Nozzi Represented By
Stella A Havkin
11:00 AM
FR. 11-5-19
Docket 416
11/5/19 tentative ruling:
Deny approval. This is a sloppy document with many errors and omissions. Please have some dates in mind for filing an amended plan and disclosure statement, as well as resolution of the valuation issue and the dispute over separate classification of the Nifong claim.
Debtor(s):
Aimee Nozzi Represented By
Stella A Havkin
11:00 AM
fr. 11-20-19
Docket 29
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:00 AM
Docket 42
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:30 AM
RE: [22] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3533 Sweet Clover St, Thousand Oaks, CA 91362 . (Lee, Nancy)
FR. 1-8-20
Docket 22
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
As to Debtors:
DENY as moot; discharge was entered on 11/4/19.
As to Estate:
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
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Debtor(s):
Steven Howard Wexler Represented By David S Hagen
Movant(s):
Cenlar FSB as servicer for Morgan Represented By
Nancy L Lee
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 15
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
As to Debtors:
DENY as moot; discharge was entered on 12/30/19.
As to Estate:
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
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Debtor(s):
Jorge Juico Valle Represented By Shawn S White
Joint Debtor(s):
Lourdes Alejandria Valle Represented By Shawn S White
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Edward G Schloss
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 11
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Sachith Kaveendra De Vaas Pro Se
Movant(s):
Santander Consumer USA Inc. dba Represented By
Jennifer H Wang
11:30 AM
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 308
No tentative ruling. This is a FINAL RULING. The motion objecting to claim Nos. 6 and 10 (Off the Grid); 5 (Centrally Grown Holdings); and 2 (Red Mountain Farms) was set for hearing on the notice required by FRBP 3007 and Local Bankruptcy Rules (“LBR”) 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). The claimant’s default will be entered and the matter will be resolved without oral argument. LBR 9013-1(j) (3). NO APPEARANCE IS NECESSARY.
GRANT all requested relief. The claims are disallowed. Movant to submit order within seven days.
Debtor(s):
Off The Grid, LLC Represented By Shaune B Arnold Lewis R Landau Tal C. Finney
Joint Debtor(s):
Centrally Grown Holdings, LLC Represented By
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Lewis R Landau
Red Mountain Farms, LLC Represented By Lewis R Landau
Movant(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
Trustee(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
11:30 AM
Docket 310
The court has some concerns with this motion (the "Motion"). Notice.
Because the Motion seeks approval of overbid procedures, it should have complied with the requirements of LBR 6004-1(b) regarding establishing sale procedures. That rule requires that notice "must describe the proposed bidding procedures and include a copy of the proposed purchase agreement." The Notice filed and served by the Trustee does neither of these things. For parties interested in bidding, the Trustee merely instructs them to request a copy of the Motion from the Trustee. This does not satisfy LBR 6004-1. In addition, as discussed below, even the Motion does not adequately describe the proposed bidding procedures.
The Notice fails to attach the proposed purchase agreement required by LBR 6004-1(b) and also fails to adequately describe the terms of the proposed sale as is required for any sale motion by LBR 6004-1(c)(3). Among the required pieces of information missing from the notice are: (1) the address of the Buyers (LBR 6004-1(c)(3)(B)); (2) terms and conditions of the proposed sale – the notice served by the Trustee has only the price and refers to the agreements with the Buyers without attaching them (LBR 6004-1(c)(3)(D)); (3) description of the liens/claims/interests as to which the Noel Property will be sold free and clear (LBR 6004-1(c)(3)(E)); (4) consideration to be received by the estate, including estimated commissions, fees, and other costs of sale (LBR 6004-1(c)(3)(G)); (5) the identity of and commission to be paid to the Broker (LBR 6004-1(c)(3)(H)); and (6) a description of estimated or possible tax consequences to the estate (LBR 6004-1(c)(3)(I)).
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The Trustee included information regarding the bidding procedures in the Notice of Sale (Docket No. 314), but this document is different than the notices of hearing subject to the requirements of LBR 6004-1(b) and (c). The Notice of Sale was also filed late. Per LBR 6004-1(f), it was required to be submitted to the clerk at the time of filing, but it was filed a day after the Motion was filed.
The description of the overbid procedures does not set forth the minimum overbid following the initial overbid requirement of $1,255,000. This information is included only in an exhibit to the Motion (Exhibit C).
Motion.
The Motion itself gives little information to allow the court to determine that the proposed sale is fair and reasonable.
The Motion asserts that the original listing price for the Noel Property was
$2.3 million. The Trustee offers no evidence in support of his conclusion that a sale at $1,250,000 is fair and reasonable. The only "evidence" is a vague attempt to justify the substantial decrease in price by asserting that the condition of the property "proved to be an issue," but there is no explanation of what the condition is or why it was an issue justifying such a substantial decrease in value. Were there condition issues unknown at the time the property was listed? Several months before filing the Motion, the Trustee believed the Property had a value almost twice what he now proposes to sell it for.
Moreover, the Trustee’s description of his negotiations with the proposed Buyers is confusing. The Motion states in the factual background that the Trustee received "formal offers from five interested parties" (Motion, 4:16-17), but then, in the section about the price being fair and reasonable, the Motion states that the property "failed to attract offers at higher prices" (Motion
11:12-13). Higher than what? The Motion states that an offer was received from the Buyers but that contingencies weren’t met. Why did the Trustee not then consider one of the other offers?
In addition, the documents attached to the Motion are inconsistent with the
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story told by the Motion. The Motion asserts that, after contingencies weren’t met as to their original offer, the Buyers made "a new offer at a substantially lower price," and the Trustee "countered at a significantly higher amount." The California Residential Purchase Agreement attached to the Motion (Exhibit B) reflects an offer at $1,250,000 and a counteroffer in the exact same amount. Where is the "significantly higher" price counteroffer, and why did the Trustee ultimately back off of that counteroffer?
As to a sale free and clear of liens, claims, or interests, the Motion asserts that the Property is subject only to property tax liens but fails to identify those liens or the relevant amounts (as is required in the notice by LBR 6004-1(c)). The Motion just refers parties to a preliminary title report attached as an exhibit (Exhibit D). The title report indicates that the property has been tax defaulted with a redemption amount of $112,363.16 due before 1/31/20. It also indicates that the first installment of 2019-20 taxes was due 11/1/19 in the amount of $14,082.03 (second installment is due 2/1/20). The Motion asserts that all amounts for tax liens/obligations will be paid through escrow, although it does not attach an estimated closing statement.
Debtor(s):
Off The Grid, LLC Represented By Shaune B Arnold Lewis R Landau Tal C. Finney
Joint Debtor(s):
Centrally Grown Holdings, LLC Represented By
Lewis R Landau
Red Mountain Farms, LLC Represented By Lewis R Landau
Movant(s):
Jerry Namba (TR) Represented By
11:30 AM
Trustee(s):
Philip A Gasteier Timothy J Yoo
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
11:30 AM
$9,455.31. (Sholder, Joseph)
Docket 363
The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs
2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Note to counsel: please be sure that all entries in future applications comply with LBR 2016-1(a)(1)(E)(iii) and avoid lumping services in entries (see in particular entries in the litigation category on pages 36-52 of Exhibit 3 to the application).
Debtor(s):
Firooz Payan Pro Se
11:30 AM
Movant(s):
Griffith & Thornburgh, LLP Represented By Joseph M Sholder
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
Docket 26
Discharge was entered on 12/16/19.
Debtor(s):
ROSA EDITH SANCHEZ Represented By Emmanuel F Fobi
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 7
- NONE LISTED -
Debtor(s):
Esperanza Maria Gonzales Pro Se
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 488
The court will handle this matter at the end of today's calendar.
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Movant(s):
The Official Committee of Represented By Richard A Marshack Chad V Haes
Judith E Marshack
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant
11:30 AM
RE: [156] Application for Compensation - First and Final Application by Resnik Hayes Moradi LLP, Former General Bankruptcy Counsel for the Debtor, for Allowance of Fees and Reimbursement of Costs for the Period September 7, 2017 Through April 30, 2019; Declaration of Matthew D. Resnik in Support Thereof, with Proof of Service for Matthew D. Resnik, Debtor's Attorney, Period: 9/7/2017 to 4/30/2019, Fee: $96,786.50, Expenses: $1,913.34.
FR. 12-5-19
Docket 156
12/5 Tentative Ruling:
The opposition to the application raises some serious issues, and the court notes that the duplicate entries acknowledged by counsel -- along with the lack of a plan or settled claims during counsel's tenure in this case -- would require a reduction of fees even setting aside the allegations made in the opposition. The $2,500 reduction offered by counsel is a start.
Debtor(s):
Selfridge Partners, LLC Represented By William E. Winfield
Movant(s):
Selfridge Partners, LLC Represented By William E. Winfield
11:30 AM
T. Steinberg, and Declaration of Richard Agostinelli; with Exhibits A, B, C, D, E, F, and G; and Proof of Service for Peter T Steinberg, Debtor's Attorney, Period: 5/6/2019 to 10/31/2019, Fee: $24570.00, Expenses: $2268.76.
Docket 46
The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs
2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Advanced Media Networks, LLC Represented By
Peter T Steinberg
11:30 AM
Movant(s):
Advanced Media Networks, LLC Represented By
Peter T Steinberg
11:30 AM
Docket 53
This fee application has several deficiencies.
First, LBR 2016-1(a)(1)(J) requires that the applicant separately file a declaration from the client that states the client has reviewed the application and has no objection to it. Here, there is no declaration attached or otherwise separately filed that indicates the Debtor has reviewed the fee application and has no objection to it. Furthermore, there is no declaration from the Applicant that states the Applicant attempted to obtain the required declaration but was unsuccessful.
Second, LBR 2016-1(a)(1)(K) requires a statement from the applicant that the applicant reviewed LBR 2016-1 and that the application complies with the rule. Here, there is no statement or declaration from the Applicant, and nowhere in the fee application is LBR 2016-1 even mentioned.
Third, even setting aside the first two deficiencies, the full amount of fees requested cannot be granted. In reviewing Exhibit B of the fee application, the invoice for the month of May 2019 is missing. The first invoice included is for July 2019, showing the first detailed billing entry as "7/03/19." See Fee App. at 14, Exhibit B. Additionally, the attached invoice summaries show that before July 2019, there was a previous balance of "$6,707.35." Id. at 13. However, there is no detailed billing for this $6,707.35 that accrued before July 2019. The court could not approve the $6,707.35 in requested fees based on this application.
The fee application requests fees between 5/6/19 to 9/30/19, but the Applicant’s employment effective date is 5/13/19, as stated in the order
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granting the employment application. Employ Order at 2, Docket No. 39.
Fourth, there is a lot of information missing that is required for interim fee applications under LBR 2016-1, including no case narrative (LBR
2016-1(a)(1)(A)(i)), lack of detail for billing entries (LBR 2016-1(a)(1)(E)(ii)), and as stated above, there is a lack of detail for time spent (LBR 2016-1(a)(1) (E)(iii)).
Lastly, while the court understands that patent litigation is specialized and requires analysis of complex issues, it is difficult for the court to analyze the total time billed for the task at hand to determine whether it is reasonable and necessary under the bankruptcy code because little information is given. The only detail the application provides is that the Applicant represented the Debtor in an appeal of an adverse patent ruling before the Federal Circuit Court of Appeals. The Applicant then spent at least 79.6 hours preparing and drafting an appeal brief, which is a substantial amount of the total 90.4 hours billed. These 80 hours may be reasonable and necessary fees, but the lack of detail regarding the nature and issues on appeal make it difficult for the court to analyze under the required standards of § 330.
Deny without prejudice so that the Applicant can file a new interim application addressing the issues outlined.
Debtor(s):
Advanced Media Networks, LLC Represented By
Peter T Steinberg
Movant(s):
Meister Seelig & Fein LLP Pro Se
11:30 AM
FR. 1-8-20
Docket 143
The response to the court's OSC raises a number of questions.
Why has nothing been filed despite counsel being in possession of a signed plan and disclosure statement for almost a month? And why is there no cause provided as to why the initial deadline was not met? Even if the debtors do file a plan, is it going to be confirmable? The response states that on 12/13/19, Mrs. Palmer gave additional (other than the plan and disclosure statement) signed documents to counsel that she believed counsel may need. What are these additional documents? Does the new information make the prior plan obsolete?
Debtor(s):
Ronald Frances Palmer Represented By John K Rounds
Joint Debtor(s):
Lola Marie Palmer Represented By John K Rounds
11:30 AM
FR. 10-10-19, 1-8-20
Docket 24
Why wasn't notice of the hearing on the amended disclosure statement provided to all creditors? See FRBP 2002(b).
The court has a number of concerns.
The Disclosure Statement refers to $5,000 in "new value," but the source of these funds is not discussed.
The Debtor’s attached 2017 and 2018 tax returns show gross income of approximately $112,000 and $113,000. The Disclosure Statement is based on income of over $132,000.
Class 4 treatment has changed between the original plan and disclosure statement to the new plan and disclosure statement. This is notable because no Class 4 creditors (other than Ford Motor Co.) were provided notice of the new disclosure statement hearing, as required by FRBP 2002(b).
While this may be a confirmation issue, the "Termination of Obligations in the Event of Unprocessed Payments" provision in the plan is so broad that it could arguably relieve the Debtor from almost any obligation, couldn't it?
Debtor(s):
Caroline Marie De Laurell Represented By
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Michael Jones Sara Tidd
11:30 AM
Adv#: 9:19-01027 Faith, Chapter 7 Trustee v. CAPITAL ONE, N.A.
RE: [1] Adversary case 9:19-ap-01027. Complaint by Jeremy W. Faith, Chapter 7 Trustee against CAPITAL ONE, N.A.. (Charge To Estate). Complaint for: (1) Avoidance of Fraudulent Transfers [11 U.S.C. § 544, 548(a)(1)(A); Cal. Civ.
Code § 3439.04]; (2) Avoidance of Fraudulent Transfers [11 U.S.C. § 544, 548(a)(1)(B); Cal. Civ. Code § 3439.05,]; (3) Avoidance of Postpetition Transfers [11 U.S.C. §549]; and (4) Recovery of Avoided Transfers [11 U.S.C. § 550] and
(5) Preservation of Avoided Transfers [11 U.S.C. § 551] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Triplett, Meghann)
ADVANCED FROM 1-8-20
Docket 1
- NONE LISTED -
Debtor(s):
Burnett Family Farms, LLC Represented By Louis J Esbin
Defendant(s):
CAPITAL ONE, N.A. Represented By Amanda Koziol
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Meghann A Triplett
Trustee(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
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Meghann A Triplett
Jeremy W. Faith (TR) Represented By Meghann A Triplett
11:30 AM
Adv#: 9:19-01061 Faith v. Cummins
RE: [1] Adversary case 9:19-ap-01061. Complaint by Jeremy W. Faith against Anne Cummins. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; and (2) Preserve Recovered Transfers for Benefit of Debtors Estate [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 548 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Friedman, Anthony)
ADVANCED FROM 1-8-20
Docket 1
- NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Anne Cummins Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:19-01011 Faith, Chapter 7 Trustee v. Dondiego
RE: [1] Adversary case 9:19-ap-01011. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Delia Dondiego. (Charge To Estate). Complaint for: (1) Avoidance of Fraudulent Transfer; (2) Recovery of Avoided Transfer; (3) Turnover of Property of the Estate; and (4) For Attorneys' Fees and Costs (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)) (Triplett, Meghann)
FR. 4-16-19, 6-12-19, 1-8-20
Docket 1
- NONE LISTED -
Debtor(s):
Sebastian DonDiego Represented By Daniel A Higson
Defendant(s):
Delia Dondiego Represented By Daniel A Higson
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Meghann A Triplett
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan Meghann A Triplett
11:30 AM
Adv#: 9:19-01065 Faith, Chapter 7 Trustee v. Valerio Rivera
RE: [1] Adversary case 9:19-ap-01065. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Luis Emmanuel Valerio Rivera. (Charge To Estate). Complaint for: (1) Avoidance of Actual Fraudulent Transfers [11 U.S.C. § 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfers [11 U.S.C. § 548(a)(1)(B); (3) Recovery of Avoided Transfer [11 U.S.C. § 550]; and (4) Turnover [11 U.S.C. § 542] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)) (Madoyan, Noreen)
FR. 1-8-20
Docket 1
Plaintiff to file and serve motion for default judgment.
Debtor(s):
Virginia Rivera Represented By Andrew S Mansfield
Defendant(s):
Luis Emmanuel Valerio Rivera Pro Se
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Noreen A Madoyan
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
Adv#: 9:19-01064 Faith, Chapter 7 Trustee v. Cimarusti
RE: [1] Adversary case 9:19-ap-01064. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Paul Cimarusti. (Charge To Estate). Complaint for: (1) Avoidance of Actual Fraudulent Transfer [11 U.S.C. § 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfer [11 U.S.C. § 548(a)(1)(B); (3) Recovery of Avoided Transfer [11 U.S.C. § 550]; (4) Turnover [11 U.S.C. § 542]; and (5) Declaratory Relief (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)) (Madoyan, Noreen)
FR. 1-8-20
Docket 1
The court will continue this matter to 3/24/20 at 11:30 a.m. Plaintiff to provide notice. No appearances required.
Debtor(s):
Jeanne Mary Cimarusti Represented By David S Quintana
Defendant(s):
Paul Cimarusti Pro Se
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Noreen A Madoyan
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et
RE: [1] and [156] Amended Complaint First by Christian A Orozco on behalf of Corporate Recovery Associates, LLC against all defendants. (RE: related document(s)1 Adversary case 9:18-ap-01058. Complaint by Corporate Recovery Associates, LLC against Blue Wolf Capital Partners, LLC, Blue Wolf Capial Fund II, L.P., Gladstone Investment Corporation, Blue Wolf Capital Advisors L.P., BW Piezo Holdings, LLC, Fidus Investment Corporation, Fidus Mezzanine Capital II, L.P., Avante Mezzanine Partners SBIC, LP, Avante Mezzanine Partners II, Inc., Pengdi Han, Dhan, LLC, Grant Thornton, LLP, CTG Advanced Materials, LLC, CTS Corporation, Electro Optical Industries, Duff & Phelps, and CIT Bank, N.A. (Charge To Estate). Original Complaint Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) filed by Plaintiff Corporate Recovery Associates, LLC). (Orozco, Christian)
FR. 2-11-19, 3-18-19, 5-14-19, 6-12-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19
ADVANCED FROM 1-8-20
Docket 156
Mediation is the next step here. Have the parties selected a mediator and discussed logistics?
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
CIT BANK, N.A. Pro Se
Duff & Phelps Represented By Christopher O Rivas
11:30 AM
Electro Optical Industries Represented By Peter J Benvenutti Tobias S Keller David A Taylor
CTS Corporation Represented By Jonathan Boustani Paul J Laurin
CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin
Grant Thornton, LLP Represented By Ian Landsberg
Pengdi Han, Dhan, LLC Pro Se
DHAN, LLC Pro Se
Avante Mezzanine Partners II, Inc. Represented By
Brian L Davidoff Keith Patrick Banner
Fidus Mezzanine Capital II, L.P. Represented By
Brian L Davidoff Keith Patrick Banner
Fidus Investment Corporation Represented By Brian L Davidoff
Keith Patrick Banner
BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg
Blue Wolf Capital Advisors L.P. Represented By
Christopher O Rivas Howard Steinberg
Gladstone Investment Corporation Represented By
Cheryl S Chang
11:30 AM
Craig N Haring
Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg
Blue Wolf Capital Partners, LLC Represented By
Christopher O Rivas Howard Steinberg
Avante Mezzanine Partners SBIC, Represented By
Brian L Davidoff Keith Patrick Banner
Plaintiff(s):
Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia
11:30 AM
Adv#: 9:19-01019 Corporate Recovery Associates, LLC v. Grant Thornton, LLP
RE: [1] and [10] Adversary case 9:19-ap-01019. Complaint by Corporate Recovery Associates, LLC against Grant Thornton, LLP. (Charge To Estate). Complaint to (1) Avoid and Recover Unauthorized Post-Petition Transfers; (2) Avoid and Recover Fraudulent Transfers Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer), (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)) (Torres, Felicita).
FR. 7-3-19, 7-23-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19
ADVANCED FROM 1-8-20
Docket 10
Mediation is the next step here. Have the parties selected a mediator and discussed logistics?
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
Grant Thornton, LLP Represented By Ian Landsberg
Plaintiff(s):
Corporate Recovery Associates, Represented By Felicita A Torres Christian A Orozco
11:30 AM
Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al
RE: [16] Amended Motion (related document(s): 10 Motion to Amend (related document(s)6 Motion to Dismiss Adversary Proceeding ) filed by Defendant THE BANK OF NEW YORK MELLON, FKA, Defendant NewRez LLC DBA
Shellpoint Mortgage Servicing) (Klein, Bradford) FR. 1-8-20
Docket 16
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Defendant(s):
Countrywide Financial Corporation Represented By
E. Christine Hehir
Countrywide Home Loans Inc Represented By
E. Christine Hehir
Countrywide Bank, NA Represented By
E. Christine Hehir
BANK OF AMERICA Represented By
E. Christine Hehir
THE BANK OF NEW YORK Represented By Bradford Klein
11:30 AM
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
NewRez LLC DBA Shellpoint Represented By Bradford Klein
LandSafe, Inc. Represented By
E. Christine Hehir
LandSafe Appraisal, Inc. n/k/a Represented By
E. Christine Hehir
Movant(s):
THE BANK OF NEW YORK Represented By Bradford Klein
NewRez LLC DBA Shellpoint Represented By Bradford Klein
Plaintiff(s):
Charles L. Duff Represented By Jeremy H Rothstein
Cathryn A Duff Represented By Jeremy H Rothstein
11:30 AM
Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al
RE: [32] Motion to Dismiss Adversary Proceeding (Johnson, Elliot)
Docket 32
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Defendant(s):
Countrywide Financial Corporation Represented By
E. Christine Hehir
Countrywide Home Loans Inc Represented By
E. Christine Hehir
Countrywide Bank, NA Represented By
E. Christine Hehir
BANK OF AMERICA Represented By
E. Christine Hehir
THE BANK OF NEW YORK Represented By Bradford Klein
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
NewRez LLC DBA Shellpoint Represented By
11:30 AM
Bradford Klein
LandSafe, Inc. Represented By
E. Christine Hehir
LandSafe Appraisal, Inc. n/k/a Represented By
E. Christine Hehir
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
Plaintiff(s):
Charles L. Duff Represented By Jeremy H Rothstein
Cathryn A Duff Represented By Jeremy H Rothstein
11:30 AM
Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al
RE: [1] Adversary case 9:19-ap-01059. Complaint by Charles L. Duff against Countrywide Financial Corporation, Countrywide Home Loans Inc, Countrywide Bank, NA, BANK OF AMERICA, THE BANK OF NEW YORK MELLON, FKA,
BAYVIEW LOAN SERVICING, LLC, NewRez LLC DBA Shellpoint Mortgage Servicing, LandSafe, Inc., LandSafe Appraisal, Inc. n/k/a CoreLogic, Inc.. (Charge To Estate). Complaint For: (1) Violations of Californias Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200 et seq.); (2) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1962(c)); (3) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C.
§ 1962(d)); (4) Unjust Enrichment; (5) Fraud; (6) Violations of the Fair Debt Collection Practices Act (15 U.S.C. §§ 1692 1692p) (7) Breach of Covenant of Good Faith and Fair Dealing; and (8) Promissory Estoppel Nature of Suit: (14 (Recovery of money/property - other)),(21 (Validity, priority or extent of lien or other interest in property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Rothstein, Jeremy)
FR. 1-8-20
Docket 1
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Defendant(s):
Countrywide Financial Corporation Represented By
E. Christine Hehir
11:30 AM
Countrywide Home Loans Inc Represented By
E. Christine Hehir
Countrywide Bank, NA Represented By
E. Christine Hehir
BANK OF AMERICA Represented By
E. Christine Hehir
THE BANK OF NEW YORK Represented By Bradford Klein
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
NewRez LLC DBA Shellpoint Represented By Bradford Klein
LandSafe, Inc. Represented By
E. Christine Hehir
LandSafe Appraisal, Inc. n/k/a Represented By
E. Christine Hehir
Plaintiff(s):
Charles L. Duff Represented By Jeremy H Rothstein
Cathryn A Duff Represented By Jeremy H Rothstein
11:00 AM
Docket 289
LBR 2014-1(b)(3) states the requirements of the contents to be included in the notice of the employment application. Among the required contents for the notice are: (1) that the notice must state the identity of the professional and the purpose and scope for their employment; (2) the notice must state whether the professional seeks compensation under section 328 or section 330; (3) the notice must descrbie the arrangements for compensation; (4) the notice must provide the name, address, and telephone number of the person who will provide a copy of the application upon request; and (5) the notice must advise of the response time to the application and the time to request a hearing on the application if filed under the negative notice procedures.
Here, the notice of the employment application (Docket No. 290) only advises of the response time to the application. The notice fails to identify the purpose and scope of the employment, fails to state that compensation is sought under section 330, fails to describe the arrangements for compensation, and fails to identify or provide the contact information of who can provide a copy of the application upon request.
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
11:00 AM
Docket 52
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:00 AM
Docket 42
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:00 AM
fr. 11-20-19
fr. 1-7-20
Docket 29
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:00 AM
fr. 1-7-20
Docket 1
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:00 AM
fr. 12-30-19
Docket 27
- NONE LISTED -
Debtor(s):
Ketab Corporation Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:00 AM
fr. 12-30-19
Docket 26
- NONE LISTED -
Debtor(s):
Ketab Corporation Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:00 AM
Docket 59
- NONE LISTED -
Debtor(s):
Bagrat Ogannes Represented By Lionel E Giron Joanne P Sanchez
11:30 AM
Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et
RE: [1] and [156] Amended Complaint First by Christian A Orozco on behalf of Corporate Recovery Associates, LLC against all defendants. (RE: related document(s)1 Adversary case 9:18-ap-01058. Complaint by Corporate Recovery Associates, LLC against Blue Wolf Capital Partners, LLC, Blue Wolf Capial Fund II, L.P., Gladstone Investment Corporation, Blue Wolf Capital Advisors L.P., BW Piezo Holdings, LLC, Fidus Investment Corporation, Fidus Mezzanine Capital II, L.P., Avante Mezzanine Partners SBIC, LP, Avante Mezzanine Partners II, Inc., Pengdi Han, Dhan, LLC, Grant Thornton, LLP, CTG Advanced Materials, LLC, CTS Corporation, Electro Optical Industries, Duff & Phelps, and CIT Bank, N.A. (Charge To Estate). Original Complaint Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) filed by Plaintiff Corporate Recovery Associates, LLC). (Orozco, Christian)
FR. 2-11-19, 3-18-19, 5-14-19, 6-12-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19
Docket 156
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
CIT BANK, N.A. Pro Se
Duff & Phelps Represented By Christopher O Rivas
Electro Optical Industries Represented By
11:30 AM
Peter J Benvenutti Tobias S Keller David A Taylor
CTS Corporation Represented By Jonathan Boustani
CTG Advanced Materials, LLC Represented By Jonathan Boustani
Grant Thornton, LLP Represented By Ian Landsberg
Pengdi Han, Dhan, LLC Pro Se
DHAN, LLC Pro Se
Avante Mezzanine Partners II, Inc. Represented By
Brian L Davidoff Keith Patrick Banner
Fidus Mezzanine Capital II, L.P. Represented By
Brian L Davidoff Keith Patrick Banner
Fidus Investment Corporation Represented By Brian L Davidoff
Keith Patrick Banner
BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg
Blue Wolf Capital Advisors L.P. Represented By
Christopher O Rivas Howard Steinberg
Gladstone Investment Corporation Represented By
Cheryl S Chang Craig N Haring
Blue Wolf Capial Fund II, L.P. Represented By
11:30 AM
Christopher O Rivas Howard Steinberg
Blue Wolf Capital Partners, LLC Represented By
Christopher O Rivas Howard Steinberg
Avante Mezzanine Partners SBIC, Represented By
Brian L Davidoff Keith Patrick Banner
Plaintiff(s):
Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia
11:30 AM
Adv#: 9:19-01019 Corporate Recovery Associates, LLC v. Grant Thornton, LLP
RE: [1] and {10} Adversary case 9:19-ap-01019. Complaint by Corporate Recovery Associates, LLC against Grant Thornton, LLP. (Charge To Estate). Complaint to (1) Avoid and Recover Unauthorized Post-Petition Transfers; (2) Avoid and Recover Fraudulent Transfers Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer), (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)) (Torres, Felicita).
FR. 7-3-19, 7-23-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19
Docket 10
- NONE LISTED -
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
Grant Thornton, LLP Represented By Ian Landsberg
Plaintiff(s):
Corporate Recovery Associates, Represented By Felicita A Torres Christian A Orozco
11:30 AM
Adv#: 9:19-01027 Faith, Chapter 7 Trustee v. CAPITAL ONE, N.A.
RE: [1] Adversary case 9:19-ap-01027. Complaint by Jeremy W. Faith, Chapter 7 Trustee against CAPITAL ONE, N.A.. (Charge To Estate). Complaint for: (1) Avoidance of Fraudulent Transfers [11 U.S.C. § 544, 548(a)(1)(A); Cal. Civ.
Code § 3439.04]; (2) Avoidance of Fraudulent Transfers [11 U.S.C. § 544, 548(a)(1)(B); Cal. Civ. Code § 3439.05,]; (3) Avoidance of Postpetition Transfers [11 U.S.C. §549]; and (4) Recovery of Avoided Transfers [11 U.S.C. § 550] and
(5) Preservation of Avoided Transfers [11 U.S.C. § 551] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Triplett, Meghann)
Docket 1
- NONE LISTED -
Debtor(s):
Burnett Family Farms, LLC Represented By Louis J Esbin
Defendant(s):
CAPITAL ONE, N.A. Represented By Amanda Koziol
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Meghann A Triplett
Trustee(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
11:30 AM
Meghann A Triplett
Jeremy W. Faith (TR) Represented By Meghann A Triplett
11:30 AM
Adv#: 9:19-01061 Faith v. Cummins
RE: [1] Adversary case 9:19-ap-01061. Complaint by Jeremy W. Faith against Anne Cummins. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; and (2) Preserve Recovered Transfers for Benefit of Debtors Estate [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 548 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Friedman, Anthony)
Docket 1
- NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Anne Cummins Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:19-01062 Faith v. Nott
RE: [1] Adversary case 9:19-ap-01062. Complaint by Jeremy W. Faith against Cindy Nott. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; and (2) Preserve Recovered Transfers for Benefit of Debtors Estate [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 548 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Friedman, Anthony)
Docket 1
- NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Cindy Nott Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:19-01011 Faith, Chapter 7 Trustee v. Dondiego
RE: [1] Adversary case 9:19-ap-01011. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Delia Dondiego. (Charge To Estate). Complaint for: (1) Avoidance of Fraudulent Transfer; (2) Recovery of Avoided Transfer; (3) Turnover of Property of the Estate; and (4) For Attorneys' Fees and Costs (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)) (Triplett, Meghann)
FR. 4-16-19, 6-12-19
Docket 1
- NONE LISTED -
Debtor(s):
Sebastian DonDiego Represented By Daniel A Higson
Defendant(s):
Delia Dondiego Represented By Daniel A Higson
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Meghann A Triplett
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
Meghann A Triplett
11:30 AM
Docket 143
- NONE LISTED -
Debtor(s):
Ronald Frances Palmer Represented By John K Rounds
Joint Debtor(s):
Lola Marie Palmer Represented By John K Rounds
11:30 AM
Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al
RE: [16] Amended Motion (related document(s): 10 Motion to Amend (related document(s)6 Motion to Dismiss Adversary Proceeding ) filed by Defendant THE BANK OF NEW YORK MELLON, FKA, Defendant NewRez LLC DBA
Shellpoint Mortgage Servicing) (Klein, Bradford)
Docket 16
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Defendant(s):
Countrywide Financial Corporation Pro Se Countrywide Home Loans Inc Pro Se
Countrywide Bank, NA Pro Se
BANK OF AMERICA Pro Se
THE BANK OF NEW YORK Represented By Bradford Klein
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran
NewRez LLC DBA Shellpoint Represented By Bradford Klein
LandSafe, Inc. Pro Se
11:30 AM
LandSafe Appraisal, Inc. n/k/a Pro Se
Plaintiff(s):
Cathryn A Duff Represented By Jeremy H Rothstein
Charles L. Duff Represented By Jeremy H Rothstein
11:30 AM
Adv#: 9:19-01059 Duff v. Countrywide Financial Corporation et al
RE: [1] Adversary case 9:19-ap-01059. Complaint by Charles L. Duff against Countrywide Financial Corporation, Countrywide Home Loans Inc, Countrywide Bank, NA, BANK OF AMERICA, THE BANK OF NEW YORK MELLON, FKA,
BAYVIEW LOAN SERVICING, LLC, NewRez LLC DBA Shellpoint Mortgage Servicing, LandSafe, Inc., LandSafe Appraisal, Inc. n/k/a CoreLogic, Inc.. (Charge To Estate). Complaint For: (1) Violations of Californias Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200 et seq.); (2) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1962(c)); (3) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C.
§ 1962(d)); (4) Unjust Enrichment; (5) Fraud; (6) Violations of the Fair Debt Collection Practices Act (15 U.S.C. §§ 1692 1692p) (7) Breach of Covenant of Good Faith and Fair Dealing; and (8) Promissory Estoppel Nature of Suit: (14 (Recovery of money/property - other)),(21 (Validity, priority or extent of lien or other interest in property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Rothstein, Jeremy)
Docket 1
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Defendant(s):
Countrywide Financial Corporation Pro Se Countrywide Home Loans Inc Pro Se
Countrywide Bank, NA Pro Se
11:30 AM
BANK OF AMERICA Pro Se
THE BANK OF NEW YORK Pro Se
BAYVIEW LOAN SERVICING, Pro Se
NewRez LLC DBA Shellpoint Pro Se
LandSafe, Inc. Pro Se
LandSafe Appraisal, Inc. n/k/a Pro Se
Plaintiff(s):
Charles L. Duff Represented By Jeremy H Rothstein
11:30 AM
Adv#: 9:19-01065 Faith, Chapter 7 Trustee v. Valerio Rivera
RE: [1] Adversary case 9:19-ap-01065. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Luis Emmanuel Valerio Rivera. (Charge To Estate). Complaint for: (1) Avoidance of Actual Fraudulent Transfers [11 U.S.C. § 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfers [11 U.S.C. § 548(a)(1)(B); (3) Recovery of Avoided Transfer [11 U.S.C. § 550]; and (4) Turnover [11 U.S.C. § 542] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)) (Madoyan, Noreen)
Docket 1
- NONE LISTED -
Debtor(s):
Virginia Rivera Represented By Andrew S Mansfield
Defendant(s):
Luis Emmanuel Valerio Rivera Pro Se
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Noreen A Madoyan
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
Adv#: 9:19-01064 Faith, Chapter 7 Trustee v. Cimarusti
RE: [1] Adversary case 9:19-ap-01064. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Paul Cimarusti. (Charge To Estate). Complaint for: (1) Avoidance of Actual Fraudulent Transfer [11 U.S.C. § 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfer [11 U.S.C. § 548(a)(1)(B); (3) Recovery of Avoided Transfer [11 U.S.C. § 550]; (4) Turnover [11 U.S.C. § 542]; and (5) Declaratory Relief (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)) (Madoyan, Noreen)
Docket 1
- NONE LISTED -
Debtor(s):
Jeanne Mary Cimarusti Represented By David S Quintana
Defendant(s):
Paul Cimarusti Pro Se
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Noreen A Madoyan
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
RE: [22] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3533 Sweet Clover St, Thousand Oaks, CA 91362 . (Lee, Nancy)
Docket 22
- NONE LISTED -
Debtor(s):
Steven Howard Wexler Represented By David S Hagen
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
FR. 10-10-19
Docket 24
Continue.
The bar date in this case is not until 11/4/19. The court can't approve a disclosure statement before that date. There may be creditors with standing to object, and the Debtor can't possibly know all of the claims that need to be paid and all of the creditors entitled to receive the solicitaion package.
Obviously no fees/costs will be approved related to preparation for this hearing.
Debtor(s):
Caroline Marie De Laurell Represented By Michael Jones Sara Tidd
11:30 AM
Docket 7
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Katye Harrington Represented By Vaughn C Taus
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 17
Obviously, many arguments made in the briefing are moot now that an adversary proceeding has been filed under section 523.
Please focus on section 362(b)(4) and the public policy test.
Debtor(s):
Walter W. Knauss Represented By John D Faucher
Joint Debtor(s):
Catherine Lynn Knauss Represented By John D Faucher
Movant(s):
John Skirtich Represented By
Todd C. Ringstad
Martin Logies Represented By Todd C. Ringstad
Cardinal Collection Educational Represented By Todd C. Ringstad
Trustee(s):
Sandra K. McBeth Pro Se
11:30 AM
Docket 348
Section 502(a) provides that a "claim . . . filed under section 501 of this title, is deemed allowed, unless a party in interest objects." 11 U.S.C. § 502(a). Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim. Fed. R. Bankr. P. 3001(f); Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).
Further, Rule 3001 only requires written evidence to be attached to the proof of claim if the claim is based on a writing. Fed. R. Bankr. P. 3001(c).
If a filed proof of claim complies with the rules, the burden shifts to the objecting party to "present evidence to overcome the prima facie case." United States v. Offord Fin., Inc. (In re Medina), 205 B.R. 216, 222 (B.A.P.
9th Cir. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. Ashford v. Consol. Pioneer Mort. (In re Consol. Pioneer Mort.), 178 B.R. 222, 226 (B.A.P. 9th Cir. 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)
(quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. Lundell, 223 F.3d at 1039; Holm, 931 F.2d at 623.
11:30 AM
Here, Claim No. 9 is not prima facie valid. The claim asserts that it is
based on "money loaned," but there is no supporting information to show that any amount, let alone the amount asserted, was loaned and is owed. The Claimant has offered no argument or evidence to show that the claim alleged is in fact enforceable against the Debtor. There is no statement or other information provided to show why there is no writing supporting the claim.
The one-page summary that is attached to the proof of claim purports to show principal payments with the interest charged. But there is no evidence to show that the interest rate charged was agreed upon by the parties or that the Debtor is the person who received funds from the Claimant and owes the alleged balance. Indeed, at the top of the one-page summary it says, "Philip Payan Outstanding Balance." There is no information provided to show who "Philip Payan" is.
The Claimant now requests a continuance. Why is this justified?
Debtor(s):
Firooz Payan Pro Se
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
Docket 350
Section 502(a) provides that a "claim . . . filed under section 501 of this title, is deemed allowed, unless a party in interest objects." 11 U.S.C. § 502(a). Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim. Fed. R. Bankr. P. 3001(f); Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).
Further, Rule 3001 only requires written evidence to be attached to the proof of claim if the claim is based on a writing. Fed. R. Bankr. P. 3001(c).
If a filed proof of claim complies with the rules, the burden shifts to the objecting party to "present evidence to overcome the prima facie case." United States v. Offord Fin., Inc. (In re Medina), 205 B.R. 216, 222 (B.A.P.
9th Cir. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. Ashford v. Consol. Pioneer Mort. (In re Consol. Pioneer Mort.), 178 B.R. 222, 226 (B.A.P. 9th Cir. 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)
(quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. Lundell, 223 F.3d at 1039; Holm, 931 F.2d at 623.
11:30 AM
Here, Claim No. 10 was amended. Please focus on whether the claim
as amended is prima facie valid.
Debtor(s):
Firooz Payan Pro Se
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
Docket 352
Section 502(a) provides that a "claim . . . filed under section 501 of this title, is deemed allowed, unless a party in interest objects." 11 U.S.C. § 502(a). Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim. Fed. R. Bankr. P. 3001(f); Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).
Further, Rule 3001 only requires written evidence to be attached to the proof of claim if the claim is based on a writing. Fed. R. Bankr. P. 3001(c).
If a filed proof of claim complies with the rules, the burden shifts to the objecting party to "present evidence to overcome the prima facie case." United States v. Offord Fin., Inc. (In re Medina), 205 B.R. 216, 222 (B.A.P.
9th Cir. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. Ashford v. Consol. Pioneer Mort. (In re Consol. Pioneer Mort.), 178 B.R. 222, 226 (B.A.P. 9th Cir. 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)
(quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. Lundell, 223 F.3d at 1039; Holm, 931 F.2d at 623.
Here, Claim No. 11 was amended. Please focus on whether the claim
11:30 AM
as amended is prima facie valid.
Debtor(s):
Firooz Payan Pro Se
Movant(s):
Cartwright Termite & Pest Control, Represented By
Shalem Shem-Tov Nathaniel R Cowden
Overland Direct, Inc. Represented By Shalem Shem-Tov
CTPC, LLC Represented By
Shalem Shem-Tov
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
Docket 354
Section 502(a) provides that a "claim . . . filed under section 501 of this title, is deemed allowed, unless a party in interest objects." 11 U.S.C. § 502(a). Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim. Fed. R. Bankr. P. 3001(f); Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).
Further, Rule 3001 only requires written evidence to be attached to the proof of claim if the claim is based on a writing. Fed. R. Bankr. P. 3001(c).
If a filed proof of claim complies with the rules, the burden shifts to the objecting party to "present evidence to overcome the prima facie case." United States v. Offord Fin., Inc. (In re Medina), 205 B.R. 216, 222 (B.A.P.
9th Cir. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. Ashford v. Consol. Pioneer Mort. (In re Consol. Pioneer Mort.), 178 B.R. 222, 226 (B.A.P. 9th Cir. 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)
(quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. Lundell, 223 F.3d at 1039; Holm, 931 F.2d at 623.
11:30 AM
Here, Claim No. 12 is not prima facie valid. The claim asserts that it is
based on "money loaned," but there is no supporting information to show that any amount, let alone the amount asserted, was loaned and is owed. The Claimant has offered no argument or evidence to show that the claim alleged is in fact enforceable against the Debtor. There is no statement or other information provided to show why there is no writing supporting the claim.
The one-page summary that is attached to the proof of claim purports to show principal payments with the interest charged. But there is no evidence to show that the interest rate charged was agreed upon by the parties or that the Debtor is the person who received funds from the Claimant and owes the alleged balance.
Debtor(s):
The Claimant now requests a continuance. Why is this justified?
Firooz Payan Pro Se
Movant(s):
Cartwright Termite & Pest Control, Represented By
Shalem Shem-Tov Nathaniel R Cowden
Overland Direct, Inc. Represented By Shalem Shem-Tov
CTPC, LLC Represented By
Shalem Shem-Tov
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [81] Motion to Expunge (RE: related document(s)6 Notice). Notice of Motion and Motion to Expunge Notice of Pendency of Action with Proof of Service
FR. 10-10-19, 11-5-19, 12-17-19
Docket 81
Third Amended Complaint was filed on 10/23/19.
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Movant(s):
Gurpreet Sahani Represented By
11:30 AM
Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant
11:30 AM
Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [97] Motion to Dismiss Adversary Proceeding Claims 15 and 16 with Prejudice with Notice and Proof of Service
FR. 12-17-19
Docket 97
- NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Movant(s):
Gurpreet Sahani Represented By
11:30 AM
Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant
11:00 AM
Docket 13
- NONE LISTED -
Debtor(s):
NSK Group, Inc. Represented By Kateryna Bilenka
11:00 AM
Docket 9
- NONE LISTED -
Debtor(s):
NSK Group, Inc. Represented By Kateryna Bilenka
1:30 PM
Adv#: 2:18-01117 Lawfund Management Group, LLC et al v. Buchalter, APC et al
#1.00 CONTD. Status Conference re: [1] Removal) Nature of Suit: (01 (Determination of removed claim or cause)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment)) filed by Plaintiff Lawfund Management Group, LLC, Plaintiff LAWFUND MANAGMENT GROUP, LLC).
fr. 6-27-18, 8-1-18, 8-30-18fr.8-29-18
fr.9-17-18fr.8-28-19fr. 11-6-18fr. 10-7-19
fr. 11-12-2019
fr. 12-19-19
Docket 1
- NONE LISTED -
Debtor(s):
S&B Surgery Center Represented By Samuel R Maizel Jeffrey L Kandel Teddy M Kapur
Defendant(s):
Buchalter, APC Represented By Daniel J McCarthy
Claudia SPRINGER Represented By
Pamela Kohlman Webster
George Singer Represented By
Pamela Kohlman Webster
James Wong Represented By
Matthew A Lesnick
1:30 PM
Plaintiff(s):
Lawfund Management Group, LLC Represented By
Herbert Dodell
LAWFUND MANAGMENT Pro Se
Trustee(s):
Nancy Hoffmeier Zamora Pro Se
1:30 PM
Adv#: 2:18-01117 Lawfund Management Group, LLC et al v. Buchalter, APC et al
fr.8-29-18,fr.9-17-18fr. 11-6-18fr.8-28-19 fr. 10-7-19
fr. 11-12-2019
fr. 12-19-19
Docket 41
- NONE LISTED -
Debtor(s):
S&B Surgery Center Represented By Samuel R Maizel Jeffrey L Kandel Teddy M Kapur
Defendant(s):
Buchalter, APC Represented By Daniel J McCarthy
Claudia SPRINGER Represented By Jasmin Yang Craig E Holden
George Singer Represented By Jasmin Yang
S&B Surgery Center Creditor Trust Represented By
Jasmin Yang
1:30 PM
Plaintiff(s):
Lawfund Management Group, LLC Represented By
Herbert Dodell
LAWFUND MANAGMENT Represented By Perry R Fredgant
Trustee(s):
Nancy Hoffmeier Zamora Pro Se
1:30 PM
Adv#: 2:18-01117 Lawfund Management Group, LLC et al v. Buchalter, APC et al
fr.8-30-18fr.8-29-18fr.9-17-18fr. 11-6-18fr.8-28-19 fr. 10-7-19
fr. 11-12-2019
fr. 12-19-19
Docket 36
- NONE LISTED -
Debtor(s):
S&B Surgery Center Represented By Samuel R Maizel Jeffrey L Kandel Teddy M Kapur
Defendant(s):
Buchalter, APC Represented By Daniel J McCarthy
Claudia SPRINGER Represented By Jasmin Yang Craig E Holden
George Singer Represented By Jasmin Yang
S&B Surgery Center Creditor Trust Represented By
Jasmin Yang
Plaintiff(s):
Lawfund Management Group, LLC Represented By
1:30 PM
Herbert Dodell
LAWFUND MANAGMENT Represented By Perry R Fredgant
Trustee(s):
Nancy Hoffmeier Zamora Pro Se
1:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham
1:30 PM
Docket 35
- NONE LISTED -
Debtor(s):
Enrique Oscar Rollandi Martinasso Represented By
Onyinye N Anyama
1:30 PM
Adv#: 1:19-01145 Studio Production Center, Inc. et al v. Imagecraft Productions, Inc.
Docket 4
- NONE LISTED -
Debtor(s):
Studio Production Center, Inc. Represented By Mark E Brenner Mark E Brenner
Defendant(s):
Imagecraft Productions, Inc. Pro Se
Plaintiff(s):
Studio Production Center, Inc. Represented By David Brian Lally
Ridgley Conlan Represented By David Brian Lally
2:00 PM
Telephonic Hearing
RE: [414] Motion for Setting Property Value for 966 Ruby Avenue, Ventura, California; Declarations of Aimee Nozzi and Kevin Masterson
FR. 11-5-19, 1-6-20
Docket 414
Debtor(s):
Aimee Nozzi Represented By
Stella A Havkin
Movant(s):
Aimee Nozzi Represented By
Stella A Havkin
2:00 PM
Telephonic Hearing
FR. 11-5-19, 1-6-20
Docket 416
11/5/19 tentative ruling:
Deny approval. This is a sloppy document with many errors and omissions. Please have some dates in mind for filing an amended plan and disclosure statement, as well as resolution of the valuation issue and the dispute over separate classification of the Nifong claim.
Debtor(s):
Aimee Nozzi Represented By
Stella A Havkin
11:30 AM
Docket 19
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Adolph Ringer Represented By Sandra McBeth
Joint Debtor(s):
Renee J Frogge Represented By Sandra McBeth
11:30 AM
Movant(s):
Cab West LLC Represented By Jennifer H Wang
11:30 AM
Docket 8
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Miguel A. Linan Represented By Monica Robles
Movant(s):
Kinecta Federal Credit Union Represented By Jennifer H Wang
11:30 AM
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 7
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Shelby Lynne Borg Represented By Daniel A Higson
Movant(s):
Santander Consumer USA Inc. Represented By Jennifer H Wang
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 77
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Edward Portnoy MD, Inc. Represented By
Bruce C Vosguanian
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
Docket 88
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Georgiana Mendoza Represented By Leslie A Tos
Trustee(s):
Jeremy W. Faith (TR) Represented By Meghann A Triplett
11:30 AM
Docket 86
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Susan Sonia Hayward Represented By William C Beall Carissa N Horowitz
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 56
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
James Frederick Koehl Jr. Represented By Robert E Traylor
Joint Debtor(s):
Susan Elizabeth Koehl Represented By Robert E Traylor
11:30 AM
Trustee(s):
Jerry Namba (TR) Represented By Carmela Pagay Timothy J Yoo
11:30 AM
Docket 98
The court has a question for the trustee: is this estate property?
Neither the Property defined in the motion nor the claims secured thereby were scheduled by the debtor. Information in the appraisal indicates that the Property was acquired by the debtor on 6/23/17. If true, the Property is likely not property of the estate. For after-acquired property to be considered property of the estate under § 541(a)(7), the interest: (1) must be created with or by property of the estate; (2) acquired in the estate's normal course of business; or (3) otherwise be traceable to or arise out of any prepetition interest included in the bankruptcy estate. In re Neidorf, 534 B.R. 369,
371-72 (B.A.P. 9th Cir. 2015).
If the trustee does not assert any estate interest in the Property, the court's tentative ruling is to deny the motion because the Property is not property of the estate, and there is no stay as to the debtor because he received his discharge on 8/5/13.
Debtor(s):
Ronald Woolsey Hertel Represented By John D Faucher
Movant(s):
DeWitte Mortgagors Investors Fund, Represented By
Shalom Rubanowitz
11:30 AM
Trustee(s):
Jerry Namba (TR) Represented By
D Edward Hays David Wood Kristine A Thagard
11:30 AM
Docket 101
The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs
2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Ronald Woolsey Hertel Represented By John D Faucher
Trustee(s):
Jerry Namba (TR) Represented By
D Edward Hays
11:30 AM
David Wood Kristine A Thagard
11:30 AM
Docket 317
- NONE LISTED -
Debtor(s):
John M. Carroll III Pro Se
Movant(s):
Sandra McBeth (TR) Represented By Joseph M Sholder
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder
11:30 AM
RE: [74] Motion RE: Objection to Claim Number 3 by Claimant Department of Treasury. (Bryner, Candice)
FR. 10-10-19
Docket 74
- NONE LISTED -
Debtor(s):
Rosario Perry Represented By Michael R Totaro
Candice Candice Bryner
Movant(s):
Rosario Perry Represented By Michael R Totaro
Candice Candice Bryner
11:30 AM
Docket 112
The motion is unopposed and sets forth cause for the requested relief. Grant.
Debtor(s):
Rosario Perry Represented By Michael R Totaro
Candice Candice Bryner
Movant(s):
Rosario Perry Represented By Michael R Totaro
Candice Candice Bryner
11:30 AM
RE: [147] Debtor's Proposed Chapter 11 Plan of Reorganization
Docket 147
Continue to allow discussions between the debtor and the secured creditor. March 3 is the continued final fee application.
Debtor(s):
Selfridge Partners, LLC Represented By William E. Winfield
11:30 AM
RE: [373] Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) / Motion of Chapter 11 Trustee (I) Authorizing the Sale of Certain Collector Cars Free and Clear of All Liens, Claims, Liabilities, Encumbrances and Interests; (II) Authorizing Retention of RM Auctions, Inc. as Auctioneer; and
(III) Granting Related Relief. (Attachments: # 1 Trustee Declaration # 2 RM Declaration # 3 Exhibit 1 to RM Declaration # 4 Exhibit 2 to RM Declaration # 5 Exhibit 3 (Part 1) to RM Declaration # 6 Exhibit 3 (Part 2) to RM Declaration # 7 Proof of Service) (Itkin, Robbin)
Docket 373
The trustee, after notice and a hearing, may sell property belonging to the estate. 11 U.S.C. § 363(b)(1); see also Commodity Futures Trading Comm’n v. Weintraub, 471 U.S. 343, 352 (1985). The sale must be in the best interests of the estate and the price must be fair and reasonable. In re The Canyon P’ship, 55 B.R. 520 (Bankr. S.D. Cal. 1985); see also In re Wilde Horse Enters., Inc., 136 B.R. 830, 841 (Bankr. C.D. Cal. 1991) (noting that sale must have fair/reasonable price, accurate/reasonable notice to creditors and be made in good faith).
The Motion is unusual and somewhat difficult to evaluate because the Trustee does not own the property that is the subject of the motion (the "Cars") yet and does not even know which Cars she may ultimately acquire. The Motion also does not give any indication of the value of the Cars or provide any auction estimate.
The lack of information regarding value and auction estimates could be particularly important because the court is left with no information based on which it could determine that approving sale by the Auctioneer is any better for the estate than allowing a third party to purchase at the sheriff’s sale might have been. Does the Trustee have a car-by-car understanding of the additional costs associated with resale through the Auctioneer that she will
11:30 AM
use in deciding whether and how to credit bid at the sheriff’s sale?
The Motion also does not describe any marketing efforts undertaken so far or the marketing efforts that will be made after the Trustee acquires some or all of the Cars at the sheriff’s sale.
The court is unable to read (without substantial difficulty) the terms of the auction consignment agreement between the Trustee and the Auctioneer because the font is small and poorly reproduced (the "Agreement," Exhibit 1 to the Motion). This is especially problematic given the lack of detail in the Motion and certain discrepancies the court has noticed as to the information that is in the Motion.
The Trustee describes certain terms of the agreement with the Auctioneer as significant concessions from the Auctioneer’s standard terms. For example, the Trustee argues that "limiting the Auction Preparation Fee is an important concession." But it does not appear that it is any concession at all – the agreement provides that the Auctioneer has budgeted $1,500 per car, with a cap of $33,000 (22 cars x $1,500 = $33,000). If this were a concession, the Auctioneer would be agreeing to perform all preparation for no more than $33,000 in the aggregate. But the agreement just says that if the Auctioneer thinks more work is needed, it must first seek written approval. So, while the $33,000 amount is a kind of limit, any work needed in excess of that amount evidently either will not be completed or will have to be approved by the Trustee at additional expense to the estate (Addendum to the Agreement, ¶¶ 4.1-4.3). How is this a concession by the Auctioneer?
The Motion describes the "withdrawal fee" as capped at $40,000. This conflicts with the Agreement, which states that the limit is $45,000.
The Motion describes the "title correction fee" as "waived," but it is not waived. The automatic minimum $500 fee is not required, but the estate will remain responsible for all out-of-pocket expenses associated with correcting title. (Agreement ¶ 7.3.1, Addendum ¶ 10).
The Motion does not explain (and the court cannot read) the terms of the Agreement with respect to a non-sale at the March 20-21 auction. The Addendum says that the Auctioneer will retain possession "and use
11:30 AM
commercially reasonable efforts to sell" any unsold cars. Does the Trustee ask that the court approve sales not through the March 20-21 auction?
Why is a FRBP 6004(h) waiver needed? The auction isn’t for two months.
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
10:00 AM
Docket 148
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Charlene M Milby Represented By David Commons
Trustee(s):
Sandra McBeth (TR) Represented By Sandra McBeth
10:00 AM
Docket 226
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Keith G Speir Represented By
Janet A Lawson
Joint Debtor(s):
Rhonda L Speir Represented By Janet A Lawson
10:00 AM
Trustee(s):
Sandra McBeth (TR) Pro Se
10:00 AM
Docket 136
- NONE LISTED -
Debtor(s):
Jennifer Violet O'Neil Represented By Reed H Olmstead
10:00 AM
Docket 181
The debtor has not filed a timely response to the court's order. The late response does not adequately address the concerns that the court raised regarding this case.
The court's tentative ruling is to dismiss this case based on the issues raised in the order, the lack of progress in this case, and the failure to timely file a written response.
Debtor(s):
Salvador Uribe Represented By Bryan Diaz
Joint Debtor(s):
Edelia Pina Represented By
Bryan Diaz
10:00 AM
Adv#: 9:18-01054
MoneyGram Payment Systems, Inc. v. GODINEZ et al Telephonic Hearing
RE: [1] and [12] Amended Complaint.
Adversary case 9:18-ap-01054. Complaint by MoneyGram Payment Systems, Inc. against GENARO L. GODINEZ. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Kaufman, Jeffrey)
FR. 12-19-18, 3-12-19, 5-14-19, 7-16-19, 10-15-19
Docket 1
- NONE LISTED -
Debtor(s):
Genaro L Godinez Represented By Andrew S Mansfield
Defendant(s):
GENARO L. GODINEZ Represented By Randall V Sutter
DOES 1 THROUGH 10 Pro Se
Joint Debtor(s):
Maria Isabel Godinez Represented By Andrew S Mansfield
Plaintiff(s):
MoneyGram Payment Systems, Inc. Represented By
Jeffrey S Kaufman
10:00 AM
Trustee(s):
Jerry Namba (TR) Pro Se
10:00 AM
Adv#: 9:18-01077 Faith, Chapter 7 Trustee v. Caron et al
RE: [13] Motion For Summary Judgment Plaintiff's Notice of Motion and Motion for Summary Judgment or in the Alternative Summary Adjudication with Proof of Service
FR. 7-3-19, 7-16-19, 8-14-19, 9-26-19, 10-29-19
FR. 12-11-19
Docket 13
- NONE LISTED -
Debtor(s):
Jonathan Edward Anderson Represented By Andrew S Mansfield
Defendant(s):
Samantha L. Caron Represented By Daniel A Higson
James S. Caron Represented By Daniel A Higson
Joint Debtor(s):
Amanda Marie Anderson Represented By Andrew S Mansfield
Movant(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Michael N Nicastro
10:00 AM
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Michael N Nicastro
Trustee(s):
Jeremy W. Faith (TR) Represented By Michael N Nicastro
10:00 AM
Adv#: 9:18-01077 Faith, Chapter 7 Trustee v. Caron et al
RE: [1] Adversary case 9:18-ap-01077. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Samantha L. Caron, James S. Caron. (Charge To Estate). with Proof of Service Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Nicastro, Michael)
FR. 3-12-19, 6-12-19, 8-28-19, 10-29-19
FR. 12-11-19
Docket 1
- NONE LISTED -
Debtor(s):
Jonathan Edward Anderson Represented By Andrew S Mansfield
Defendant(s):
Samantha L. Caron Represented By Daniel A Higson
James S. Caron Represented By Daniel A Higson
Joint Debtor(s):
Amanda Marie Anderson Represented By Andrew S Mansfield
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Michael N Nicastro
10:00 AM
Trustee(s):
Jeremy W. Faith (TR) Represented By Michael N Nicastro
10:00 AM
Adv#: 9:18-01045 Burcar et al v. Hamm, II
Docket 58
- NONE LISTED -
Debtor(s):
Charles Ardeil Hamm II Pro Se
Defendant(s):
Charles Ardeil Hamm II Pro Se
Movant(s):
Shanna Burcar Represented By Jeffrey Belton
John C. Barlow Represented By Jeffrey Belton
Nancy Barlow Represented By Jeffrey Belton
Shanna Burcar Pro Se
John C. Barlow Pro Se
Nancy Barlow Pro Se
John C. Barlow Pro Se
Nancy Barlow Pro Se
Shanna Burcar Pro Se
10:00 AM
Plaintiff(s):
Shanna Burcar Represented By Jeffrey Belton
John C. Barlow Represented By Jeffrey Belton
Nancy Barlow Represented By Jeffrey Belton
Trustee(s):
Jerry Namba (TR) Pro Se
11:00 AM
Adv#: 9:18-01045 Burcar et al v. Hamm, II
RE: [1] Adversary case 9:18-ap-01045. Complaint by Shanna Burcar , John C. Barlow , Nancy Barlow against Charles Ardeil Hamm II. (Natures of Suit: (68 (Dischargeability - 523(a)(6) willful and malicious injury)) ,(64 (Dischargeability - 523(a)(15), divorce/sep property settlement/decree))
FR. 10-24-18, 11-14-18, 2-12-19, 3-19-19, 7-16-19, 9-11-19 AND
Status Hearing
Re: [24] Counterclaims by Charles Ardeil Hamm II against all plaintiffs Filed by Charles Ardeil Hamm II
FR. 1-30-19, 2-12-19, 7-16-19, 9-11-19
Docket 1
- NONE LISTED -
Debtor(s):
Charles Ardeil Hamm II Pro Se
Defendant(s):
Charles Ardeil Hamm II Pro Se
Plaintiff(s):
Shanna Burcar Represented By Jeffrey Belton
John C. Barlow Represented By Jeffrey Belton
Nancy Barlow Represented By Jeffrey Belton
11:00 AM
Trustee(s):
Jerry Namba (TR) Pro Se
11:00 AM
Docket 136
- NONE LISTED -
Debtor(s):
Jennifer Violet O'Neil Represented By Reed H Olmstead
11:00 AM
Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al
RE: [16] Amended Motion (related document(s): 10 Motion to Amend (related document(s)6 Motion to Dismiss Adversary Proceeding ) filed by Defendant THE BANK OF NEW YORK MELLON, FKA, Defendant NewRez LLC DBA
Shellpoint Mortgage Servicing) (Klein, Bradford)
FR. 1-8-20
FR. 1-7-20
Docket 16
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Defendant(s):
Countrywide Financial Corporation Represented By
E. Christine Hehir
Countrywide Home Loans Inc Represented By
E. Christine Hehir
Countrywide Bank, NA Represented By
E. Christine Hehir
BANK OF AMERICA Represented By
E. Christine Hehir
THE BANK OF NEW YORK Represented By
11:00 AM
Bradford Klein
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
NewRez LLC DBA Shellpoint Represented By Bradford Klein
LandSafe, Inc. Represented By
E. Christine Hehir
LandSafe Appraisal, Inc. n/k/a Represented By
E. Christine Hehir
Movant(s):
THE BANK OF NEW YORK Represented By Bradford Klein
NewRez LLC DBA Shellpoint Represented By Bradford Klein
Plaintiff(s):
Charles L. Duff Represented By Jeremy H Rothstein
Cathryn A Duff Represented By Jeremy H Rothstein
11:00 AM
Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al
RE: [32] Motion to Dismiss Adversary Proceeding (Johnson, Elliot) FR. 1-7-20
Docket 32
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Defendant(s):
Countrywide Financial Corporation Represented By
E. Christine Hehir
Countrywide Home Loans Inc Represented By
E. Christine Hehir
Countrywide Bank, NA Represented By
E. Christine Hehir
BANK OF AMERICA Represented By
E. Christine Hehir
THE BANK OF NEW YORK Represented By Bradford Klein
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
11:00 AM
NewRez LLC DBA Shellpoint Represented By Bradford Klein
LandSafe, Inc. Represented By
E. Christine Hehir
LandSafe Appraisal, Inc. n/k/a Represented By
E. Christine Hehir
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
Plaintiff(s):
Charles L. Duff Represented By Jeremy H Rothstein
Cathryn A Duff Represented By Jeremy H Rothstein
11:00 AM
Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al
RE: [1] Adversary case 9:19-ap-01059. Complaint by Charles L. Duff against Countrywide Financial Corporation, Countrywide Home Loans Inc, Countrywide Bank, NA, BANK OF AMERICA, THE BANK OF NEW YORK MELLON, FKA,
BAYVIEW LOAN SERVICING, LLC, NewRez LLC DBA Shellpoint Mortgage Servicing, LandSafe, Inc., LandSafe Appraisal, Inc. n/k/a CoreLogic, Inc.. (Charge To Estate). Complaint For: (1) Violations of Californias Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200 et seq.); (2) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1962(c)); (3) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C.
§ 1962(d)); (4) Unjust Enrichment; (5) Fraud; (6) Violations of the Fair Debt Collection Practices Act (15 U.S.C. §§ 1692 1692p) (7) Breach of Covenant of Good Faith and Fair Dealing; and (8) Promissory Estoppel Nature of Suit: (14 (Recovery of money/property - other)),(21 (Validity, priority or extent of lien or other interest in property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Rothstein, Jeremy)
FR. 1-8-20
FR. 1-7-20
Docket 1
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Defendant(s):
Countrywide Financial Corporation Represented By
11:00 AM
E. Christine Hehir
Countrywide Home Loans Inc Represented By
E. Christine Hehir
Countrywide Bank, NA Represented By
E. Christine Hehir
BANK OF AMERICA Represented By
E. Christine Hehir
THE BANK OF NEW YORK Represented By Bradford Klein
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
NewRez LLC DBA Shellpoint Represented By Bradford Klein
LandSafe, Inc. Represented By
E. Christine Hehir
LandSafe Appraisal, Inc. n/k/a Represented By
E. Christine Hehir
Plaintiff(s):
Charles L. Duff Represented By Jeremy H Rothstein
Cathryn A Duff Represented By Jeremy H Rothstein
3:00 PM
Telephonic Hearing
RE: [414] Motion for Setting Property Value for 966 Ruby Avenue, Ventura, California; Declarations of Aimee Nozzi and Kevin Masterson
FR. 11-5-19, 1-6-20, 1-16-20
Docket 414
Debtor(s):
Aimee Nozzi Represented By
Stella A Havkin
Movant(s):
Aimee Nozzi Represented By
Stella A Havkin
3:00 PM
Telephonic Hearing
FR. 11-5-19, 1-6-20, 1-16-20
Docket 416
11/5/19 tentative ruling:
Deny approval. This is a sloppy document with many errors and omissions. Please have some dates in mind for filing an amended plan and disclosure statement, as well as resolution of the valuation issue and the dispute over separate classification of the Nifong claim.
Debtor(s):
Aimee Nozzi Represented By
Stella A Havkin
11:00 AM
Adv#: 1:19-01145 Studio Production Center, Inc. et al v. Imagecraft Productions, Inc.
fr. 1-15-20
Docket 4
- NONE LISTED -
Debtor(s):
Studio Production Center, Inc. Represented By Mark E Brenner Mark E Brenner
Defendant(s):
Imagecraft Productions, Inc. Pro Se
Plaintiff(s):
Studio Production Center, Inc. Represented By David Brian Lally
Ridgley Conlan Represented By David Brian Lally
11:00 AM
Docket 300
The court sees no cause for relief here.
The Movant isusing a valuation from three months before the petition date, and there is certainly no evidence that the property is declining in value (indeed, evidence submitted by the first trust deed holder suggests the opposite). The Movant's own valuation (which is questionable) demonstrates an equity cushion of over 19%.
The Debtor has filed a plan and disclosure statement.
The Movant misstates the legal standard by suggesting that the Debtor must demonstrate some harm if relief is granted; the Debtor need only show that the Movant is adequately protected, which the Debtor does here by pointing out the equity cushion and lack of evidence that the property is declining in value.
Deny.
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
11:00 AM
Docket 13
- NONE LISTED -
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong
11:00 AM
Docket 282
While the court appreciates that the debtor has attempted to address the disclosure-related objections by attaching a new plan and disclosure statement to its reply papers, the court is not in a position to approve the amended disclosure statement today. The objections raised a number of issues, and the court and all parties in interest need time to review the amended document; there may also be additional changes to be made after the hearing. We can discuss at the hearing a schedule for filing the amended disclosure statement and setting a new hearing (including a discussion of an appropriate amount of notice).
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
1:30 PM
Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [97] Motion to Dismiss Adversary Proceeding Claims 15 and 16 with Prejudice with Notice and Proof of Service
FR. 12-17-19, 1-13-20
Docket 97
- NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Movant(s):
Gurpreet Sahani Represented By Lewis R Landau
1:30 PM
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant
1:30 PM
Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [81] Motion to Expunge (RE: related document(s)6 Notice). Notice of Motion and Motion to Expunge Notice of Pendency of Action with Proof of Service
FR. 10-10-19, 11-5-19, 12-17-19, 1-13-20
Docket 81
Third Amended Complaint was filed on 10/23/19.
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Movant(s):
Gurpreet Sahani Represented By Lewis R Landau
1:30 PM
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant
11:30 AM
Docket 17
Debtor(s):
Randy Bell Danks Jr. Represented By Nicholas M Wajda
Joint Debtor(s):
Nicole Marie Danks Represented By Nicholas M Wajda
Trustee(s):
Jeremy W. Faith (TR) Pro Se
1:30 PM
Telephonic Hearing
RE: [414] Motion for Setting Property Value for 966 Ruby Avenue, Ventura, California; Declarations of Aimee Nozzi and Kevin Masterson
FR. 11-5-19, 1-6-20, 1-16-20, 1-23-20
Docket 414
Debtor(s):
Aimee Nozzi Represented By
Stella A Havkin
Movant(s):
Aimee Nozzi Represented By
Stella A Havkin
1:30 PM
Telephonic Hearing
FR. 11-5-19, 1-6-20, 1-16-20, 1-23-20
Docket 416
11/5/19 tentative ruling:
Deny approval. This is a sloppy document with many errors and omissions. Please have some dates in mind for filing an amended plan and disclosure statement, as well as resolution of the valuation issue and the dispute over separate classification of the Nifong claim.
Debtor(s):
Aimee Nozzi Represented By
Stella A Havkin
11:00 AM
Adv#: 2:18-01117 Lawfund Management Group, LLC et al v. Buchalter, APC et al
#1.00 CONTD. Status Conference re: [1] Removal) Nature of Suit: (01 (Determination of removed claim or cause)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment)) filed by Plaintiff Lawfund Management Group, LLC, Plaintiff LAWFUND MANAGMENT GROUP, LLC).
fr. 6-27-18, 8-1-18, 8-30-18fr.8-29-18
fr.9-17-18fr.8-28-19fr. 11-6-18fr. 10-7-19
fr. 11-12-2019
fr. 12-19-19
fr. 1-14-20
Docket 1
Debtor(s):
S&B Surgery Center Represented By Samuel R Maizel Jeffrey L Kandel Teddy M Kapur
Defendant(s):
Buchalter, APC Represented By Daniel J McCarthy
Claudia SPRINGER Represented By
Pamela Kohlman Webster
George Singer Represented By
Pamela Kohlman Webster
James Wong Represented By
Matthew A Lesnick
11:00 AM
Plaintiff(s):
Lawfund Management Group, LLC Represented By
Herbert Dodell
LAWFUND MANAGMENT Pro Se
Trustee(s):
Nancy Hoffmeier Zamora Pro Se
11:00 AM
Adv#: 2:18-01117 Lawfund Management Group, LLC et al v. Buchalter, APC et al
fr.8-29-18,fr.9-17-18fr. 11-6-18fr.8-28-19 fr. 10-7-19
fr. 11-12-2019
fr. 12-19-19
fr. 1-14-20
Docket 41
Debtor(s):
S&B Surgery Center Represented By Samuel R Maizel Jeffrey L Kandel Teddy M Kapur
Defendant(s):
Buchalter, APC Represented By Daniel J McCarthy
Claudia SPRINGER Represented By Jasmin Yang Craig E Holden
George Singer Represented By Jasmin Yang
S&B Surgery Center Creditor Trust Represented By
Jasmin Yang
11:00 AM
Plaintiff(s):
Lawfund Management Group, LLC Represented By
Herbert Dodell
LAWFUND MANAGMENT Represented By Perry R Fredgant
Trustee(s):
Nancy Hoffmeier Zamora Pro Se
11:00 AM
Adv#: 2:18-01117 Lawfund Management Group, LLC et al v. Buchalter, APC et al
fr.8-30-18fr.8-29-18fr.9-17-18fr. 11-6-18fr.8-28-19 fr. 10-7-19
fr. 11-12-2019
fr. 12-19-19
fr. 1-14-20
Docket 36
Debtor(s):
S&B Surgery Center Represented By Samuel R Maizel Jeffrey L Kandel Teddy M Kapur
Defendant(s):
Buchalter, APC Represented By Daniel J McCarthy
Claudia SPRINGER Represented By Jasmin Yang Craig E Holden
George Singer Represented By Jasmin Yang
S&B Surgery Center Creditor Trust Represented By
Jasmin Yang
Plaintiff(s):
Lawfund Management Group, LLC Represented By
11:00 AM
Herbert Dodell
LAWFUND MANAGMENT Represented By Perry R Fredgant
Trustee(s):
Nancy Hoffmeier Zamora Pro Se
1:00 PM
Telephonic Hearing
FR. 10-15-19, 11-14-19,12-16-19
Docket 125
- NONE LISTED -
Debtor(s):
Green Pharmaceuticals, Inc. Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams
11:30 AM
RE: [360] and [362] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1731 Schoolhouse Cir, Westlake Village, CA 91362 . (Kaufmann, Kelly)
Docket 360
Continue for proper service. There are several defects in service, which must be made on all other lienholders pursuant to LBR 4001-1(c)(1)(C)(iv).
The motion lists a lien held by "Laura Ann Hartz" and served that lienholder at the address listed on the debtor's schedules. However, a proof of claim was filed by Laura Ann Hartz, Patricia Scarfone-Sulz, and Sandra Lee Dawson (Claim 33). There is no indication on the proof of service that these parties were served at the address (counsel) listed on the proof of claim.
The IRS, which filed a claim secured by all property, including real estate, was not served (or listed as a lienholder)
The proof of service does not indicate proper service on insured depository institutions including Citibank, Bank of the Sierra, and Union Bank.
Pacific Western Bank and U.S. Bank (whose lien is identified in the motion as held by SPS) have appeared in this case, and their counsel received NEF service -- although the court had to verify this on its own because the proof of service does not reflect this form of service, and the other information on the proof of service would not have established proper service.
As to Citibank, Bank of the Sierra, and Union Bank, two (Citibank and Union Bank) were served at generic "officer" addresses -- not naming a specific officer. Bank of the Sierra did not even have that. Citibank
11:30 AM
was served at an address that does not match the addres listed with the FDIC. Union Bank and Bank of the Sierra were also not served at their FDIC addresses, or even on the addresses given on their proofs of claim.
The first available hearing date to allow for service and proper notice is March 3, 2020 at 11:30 a.m. No appearances unless counsel for the movant would like to request a later hearing date.
Debtor(s):
Robert Hesselgesser M.D. Pro Se
Movant(s):
JPMorgan Chase Bank, National Represented By
Nancy L Lee
Kelly M Kaufmann
Trustee(s):
Jeremy W. Faith (TR) Represented By Jeffrey I Golden Beth Gaschen
11:30 AM
Docket 6
PNC was not properly served under FRBP 7004(h). The motion indicates regular mail service at a P.O. box in Dayton, Ohio. No officer is listed, and this is not the PNC Bank address listed with the FDIC.
Further, the motion sets forth no basis to negate the existence of or overcome a presumption under § 362(c)(3) that this case was not filed in good faith as to all creditors or specifically as to PNC.
The court notes that the debtor still can receive a discharge in this case, which appears to be of paramount concern based on the motion.
Deny.
Debtor(s):
Linda Casey Represented By
Todd J Mannis
Movant(s):
Linda Casey Represented By
Todd J Mannis
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [184] Verified Application for Payment of Administrative Claim by Court- Approved Stalking Horse Bidder, GJD Holdings, LLC
FR. 2-11-19, 4-15-19, 7-16-19, 2-5-20
Docket 184
- NONE LISTED -
Debtor(s):
Off The Grid, LLC Represented By Shaune B Arnold Lewis R Landau Tal C. Finney
Joint Debtor(s):
Centrally Grown Holdings, LLC Represented By
Lewis R Landau
Red Mountain Farms, LLC Represented By Lewis R Landau
Movant(s):
GJD Holdings LLC Represented By Ali M Mojdehi Janet D Gertz
Trustee(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
11:30 AM
11:30 AM
RE: [254] Application for Compensation for an Order Approving Disbursement of Fees and Costs to Special Counsel for Bradford T Child, Special Counsel, Period: 7/14/2017 to 11/30/2019, Fee: $232,000, Expenses: $25,645.14. (Child, Bradford)
Docket 254
- NONE LISTED -
Debtor(s):
Arden Rose Represented By
Bradford T Child
Movant(s):
Arden Rose Represented By
Bradford T Child Bradford T Child
Trustee(s):
Jerry Namba (TR) Represented By Matthew A Lesnick Debra E Cardarelli
11:30 AM
Docket 371
Deny. This is a motion utterly without merit.
It's important to remember the events leading up to this motion for reconsideration (the "Motion"). On 1/8/19 (the "Original Order," Docket No. 278), the court granted an unusual "unlawful detainer" motion for relief from stay filed by the landlord (the "Landlord") of a storage facility in Las Vegas containing unknown property that the chapter 11 trustee (the "Trustee") believed were collector cars in which the estate could claim an interest. The relief granted by the court contemplated that the Landlord would regain possession of the premises and liquidate the property it found, with proceeds to be paid to the Trustee after deducting the Landlord’s and auctioneer’s expenses and fees. The Landlord was to provide a statement accounting for the sale proceeds and use best efforts to obtain a declaration as to the lack of relationship between any purchaser and any member of the Choudhury family.
On 3/28/19, the Trustee and the Landlord filed a stipulation requesting amendment of the original order (the "First Stipulation," Docket No. 318). The First Stipulation indicated that the Landlord had found a purchaser for the cars in the warehouse who asserted no connection to the Debtors or the Choudhury family. The Landlord and the Trustee stipulated to a request that the court amend the Original Order to identify specific cars by year, make, model, and VIN, and to include a provision that the Trustee had no information and made no warranties as to the cars. The court entered the amended order on 4/1/19 (the "Amended Order," Docket No. 320).
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On 11/20/19, the Trustee and Gregory Warren Young (through the
same counsel that had represented the Landlord) filed another stipulation (the "Second Stipulation," Docket No. 355) with a number of terms, including a "stipulation" that the court further amend the relief from stay order. The Second Stipulation states that Mr. Young purchased the cars but does not specify how or when he purchased them. In the Second Stipulation, Mr.
Young "represented" that the cars had "slight modifications to some of the Models and [VINs]" but were the same cars referred to in the Original Order and the Amended Order. The Second Stipulation further stated that the DMV would not transfer title to Mr. Young "without a court order directing the DMV to issue title" to him. The Second Stipulation stated that the Trustee was willing to assist but had no information regarding the cars and could not make any representations or warranties.
The court declined to approve the Second Stipulation, entering an order (the "Denial Order," Docket No. 365) on 12/16/19.
This motion followed.
A motion for reconsideration under Rule 59 is an extraordinary remedy that is used sparingly. Absent highly unusual circumstances, a motion for reconsideration of a judgment will not be granted except on one or more of the following grounds: (1) to correct a manifest error of law or fact on which the judgment is based; (2) to allow the movant to present newly discovered or previously unavailable evidence; (3) to prevent manifest injustice; or (4) to address an intervening change in controlling law. McDowell v. Calderon, 197 F.3d 1253, 1255 (9th Cir. 1999). It is the moving party’s burden to show what new or different facts and circumstances are claimed to exist which did not exist, or were not shown, upon the prior application. In addition, a Rule 59(e) motion may not be used to raise arguments or present evidence for the first time when they could reasonably have been raised earlier in the litigation.
Kona Enterprises, Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir.2000).
Mr. Young urges the court to reconsider the Denial Order to prevent manifest injustice. In considering whether amendment of an order is warranted under Rule 59(e), some courts in this district have looked to Black’s Law Dictionary’s definition of "manifest injustice, which is "an error in
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the trial court that is direct, obvious, and observable, such as a defendant's guilty plea that is involuntary or that is based on a plea agreement that the prosecution rescinds." In re Oak Park Calabasas Condominium Ass’n, 302
B.R. 682, 683 (Bankr. C.D. Cal. 2003) (quoting Black’s Law Dictionary). "The ‘manifest injustice’ contemplated by Rule 59(e) is an amorphous concept with no hard line definition." In re Henning, 420 B.R. 773, 785 (Bankr. W.D. Tenn. 2009). The movant must show an error that is "direct, obvious and observable." Id. A "showing of manifest injustice requires that there exists a fundamental flaw in the court's decision that without correction would lead to a result that is both inequitable and not in line with applicable policy." Id.
There is no showing of injustice here, and there is no basis for the court to reconsider its decision not to approve the Second Stipulation. If anything, the Motion persuades the court that the First Stipulation should not have been approved and the Amended Order should be vacated.
To begin with, there was never any request for relief from the court. Mr. Young and the Trustee entered into a stipulation, and the court declined to approve the stipulation. Many bankruptcy courts make it a practice never to approve a stipulation without a motion requesting relief and citing statutory and case authority for the relief requested. There is also nothing in the Motion that explains the basis for any claim of error as to the court’s order finding no cause shown for the court to further amend an order on the Landlord’s motion for relief based on a stipulation between the Trustee and a third party, Mr. Young.
An order on a motion for relief from stay is by necessity limited, as the relief requested is limited. The Original Order was somewhat unusual, but the Landlord and Trustee set forth a basis for the requested relief and the order provided the terms under which the Landlord was permitted to enter the warehouse, retake possession of the property there, and enforce its right to dispose of any property found on the premises.
When the Landlord found a buyer, the Landlord and the Trustee requested, by the First Stipulation, that the Original Order be amended to identify the cars. The First Stipulation did not identify Mr. Young, but asserted that the prospective buyer asked the Landlord to seek amendment of the
11:30 AM
Original Order "to identify the vehicles being sold to avoid anticipated problems with the [DMV]." Mr. Young confirms this, saying in the Motion that he requested this information be added to the order. To the extent Mr. Young has had difficulty since purchasing the cars because of VIN and other discrepancies, this appears to be a problem of his own making – any updates and changes he may seek to that identifying information can only be because he asked for incorrect or incomplete information prematurely. This is not a delay or problem caused by any order of the court; by Mr. Young’s admission, it was done at his request. The Original Order included no identifying information that could be flagged as inconsistent with the personal property eventually found by the Landlord upon taking possession of the premises.
It is notable that neither Mr. Young nor the Landlord has provided the court with any details of the sale. The court doesn't even know when the sale was, let alone its terms. The Trustee has always stated that the Trustee and the debtors could make no representations or warranties as to the property liquidated by the Landlord. The court is being asked, in effect, to give Mr.
Young the benefit of the bargain in a purchase transaction about which the court does not have even basic information. The court cannot possibly order the Nevada DMV to issue title to Mr. Young under these circumstances.
The Motion mischaracterizes the Second Stipulation. The Motion suggests that all Mr. Young ever asked for was an order directing the DMV to issue title in his name. Setting aside for the moment whether such an order was properly requested or could be granted, the Second Stipulation also asked the court to amend the Amended Order to reconcile "slight changes" to the description of the cars. The Second Stipulation asserted that there were slight changes to "some of the Models and the [VINs]" but that "these are the same Las Vegas Cars purchased" that were the subject of the Original Order and the Amended Order. This is untrue. Not a single model or VIN changed between the lists in the First Stipulation and the Second Stipulation. Three things did change: (1) one car identified on the First Stipulation as a 1979 car had the year changed to 1983; (2) a 1960 Bentley S2 was removed from the list; and (3) a 1965 Bentley S3 was removed from the list. These changes conflict with the characterization in the Second Stipulation that it was the same list of cars. To this date, no party, including Mr. Young, has offered any actual evidence regarding the property found in the warehouse and sold by
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the Landlord. On even closer inspection of the lists attached to the stipulations, it appears that the removed cars were listed on the First Stipulation with VINs matching two other cars – the deleted 1960 Bentley S2 had the same VIN as a separately listed 1955 Bentley S2, and the deleted 1965 Bentley S3 had the same VIN as a separately listed 1965 Rolls Royce Silver Cloud. Despite the unhelpful characterization of the Second Stipulation as "slight changes" to models and VINs of "the same … cars," there were simply two cars deleted, and one car had the year changed. The court was left to figure out on its own the changes proposed by the Second Stipulation -- none of Mr. Young, the Landlord, or the Trustee made any attampt to explain to the court the discrepancies that Mr. Young asserts must be corrected to prevent "manifest injustice."
Not only did the Second Stipulation lack any information demonstrating that the court should make an amendment to the list of cars, but it also attempted to "stipulate" that the court should enter an order compelling yet another third party, the Nevada DMV, to issue title to Mr. Young. This is not relief that can be demanded of a court by stipulation. Moreover, even if the Second Stipulation had been a properly noticed motion requesting such an order, the Nevada DMV is not before this court, and the court has no basis on which to conclude that it can exercise jurisdiction over the Nevada DMV or direct it to take any action. The court does not even know what problems have arisen between Mr. Young and the DMV. Mr. Young testifies only that he spoke with "Rebecca" at the Nevada DMV, offering hearsay testimony that Rebecca said that the DMV would "immediately issue [Mr. Young] titles … upon receipt of a bankruptcy court order directing the DMV to do so." This hearsay is not a basis for the court to order the Nevada DMV to do anything, even if the court had some basis to conclude that title should be issued to Mr. Young.
The court is asked to take as given that Mr. Young purchased property from the Landlord. The court knows nothing about how that property was identified or the terms of the sale. That sale did not involve the Trustee or any of the Debtors. The Original Order simply permitted the Landlord to dispose of property on its premises pursuant to applicable law. That sale was not reviewed or approved by the court.
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The premise of the Motion is preposterous: that it was error, or would
be manifestly unjust, for this court to decline to direct the Nevada DMV, an entity not subject to this court’s jurisdiction, to issue title to Mr. Young, a stranger to these bankruptcy cases, in connection with his purchase from the Landlord, without any involvement of the Debtors or the Trustee in that purchase. Not only was the Denial Order correct in stating that there was no cause shown for the "relief" Mr. Young sought by stipulation, but it is difficult to imagine how cause ever could be shown for this court to compel the Nevada DMV to act. On the record before the court, it would be error for the court to do as Mr. Young requests.
Mr. Young has failed to show that this court should change the Denial Order to prevent manifest injustice. He evidently has encountered problems with property he purchased from the Landlord. Despite his attempt in the Motion to blame these cases for "taint[ing]" his purchase, the Debtors and these cases were not involved in the transaction between Mr. Young and the Landlord. Mr. Young is free to seek whatever relief is available to him pursuant to the terms of his agreement with the Landlord. He is free to pursue with the Nevada DMV whatever options are available for obtaining title to the property he claims to have purchased. But this court will not enter an order not justified by evidence or law for Mr. Young’s convenience.
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Movant(s):
Ian S. Landsberg Represented By Ian Landsberg
Trustee(s):
Robbin L Itkin (TR) Represented By
11:30 AM
Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01026 Pastora v. Rosenthal
FR. 8-14-19, 10-29-19, 2-5-20
Docket 14
- NONE LISTED -
Debtor(s):
Rochelle S. Rosenthal Represented By Reed H Olmstead
Defendant(s):
Rochelle S. Rosenthal Represented By Reed H Olmstead
Plaintiff(s):
Eva Pastora Represented By
William E. Winfield
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:19-01046 Kapitus Servicing, Inc., formerly known as Colonia v. McMahon et al
RE: [1] Adversary case 9:19-ap-01046. Complaint by Kapitus Servicing, Inc., formerly known as Colonial Funding Network, Inc., as servicing agent for Cashio against Kenneth L. McMahon, Jacqueline Lee McMahon. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Harvey, Brian)
FR: 10-29-19, 2-5-20
Docket 1
- NONE LISTED -
Debtor(s):
Kenneth L. McMahon Represented By Andrew S Mansfield
Defendant(s):
Kenneth L. McMahon Represented By Christina Vanarelli
Jacqueline Lee McMahon Represented By Christina Vanarelli
Joint Debtor(s):
Jacqueline Lee McMahon Represented By Andrew S Mansfield
Plaintiff(s):
Kapitus Servicing, Inc., formerly Represented By
Brian T Harvey
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et
RE: [231] Motion to Consolidate with
Docket 231
- NONE LISTED -
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
DHAN, LLC Pro Se
CIT BANK, N.A. Pro Se
Duff & Phelps Represented By Christopher O Rivas
Electro Optical Industries Represented By Peter J Benvenutti Tobias S Keller David A Taylor
CTS Corporation Represented By Jonathan Boustani Paul J Laurin
CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin
Grant Thornton, LLP Represented By
11:30 AM
Ian Landsberg
Pengdi Han, Dhan, LLC Pro Se
Avante Mezzanine Partners II, Inc. Represented By
Brian L Davidoff Keith Patrick Banner
Avante Mezzanine Partners SBIC, Represented By
Brian L Davidoff Keith Patrick Banner
Fidus Mezzanine Capital II, L.P. Represented By
Brian L Davidoff Keith Patrick Banner
Fidus Investment Corporation Represented By Brian L Davidoff
Keith Patrick Banner
BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg
Blue Wolf Capital Advisors L.P. Represented By
Christopher O Rivas Howard Steinberg
Gladstone Investment Corporation Represented By
Cheryl S Chang Craig N Haring
Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg
Blue Wolf Capital Partners, LLC Represented By
Christopher O Rivas Howard Steinberg
11:30 AM
Movant(s):
Grant Thornton, LLP Represented By Ian Landsberg
Plaintiff(s):
Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia
11:30 AM
Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et
RE: [1] and [156] Amended Complaint First by Christian A Orozco on behalf of Corporate Recovery Associates, LLC against all defendants. (RE: related document(s)1 Adversary case 9:18-ap-01058. Complaint by Corporate Recovery Associates, LLC against Blue Wolf Capital Partners, LLC, Blue Wolf Capial Fund II, L.P., Gladstone Investment Corporation, Blue Wolf Capital Advisors L.P., BW Piezo Holdings, LLC, Fidus Investment Corporation, Fidus Mezzanine Capital II, L.P., Avante Mezzanine Partners SBIC, LP, Avante Mezzanine Partners II, Inc., Pengdi Han, Dhan, LLC, Grant Thornton, LLP, CTG Advanced Materials, LLC, CTS Corporation, Electro Optical Industries, Duff & Phelps, and CIT Bank, N.A. (Charge To Estate). Original Complaint Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) filed by Plaintiff Corporate Recovery Associates, LLC). (Orozco, Christian)
FR. 2-11-19, 3-18-19, 5-14-19, 6-12-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19
ADVANCED FROM 1-8-20, 1-7-20
Docket 156
- NONE LISTED -
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
CIT BANK, N.A. Pro Se
Duff & Phelps Represented By Christopher O Rivas
Electro Optical Industries Represented By
11:30 AM
Peter J Benvenutti Tobias S Keller David A Taylor
CTS Corporation Represented By Jonathan Boustani Paul J Laurin
CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin
Grant Thornton, LLP Represented By Ian Landsberg
Pengdi Han, Dhan, LLC Pro Se
DHAN, LLC Pro Se
Avante Mezzanine Partners II, Inc. Represented By
Brian L Davidoff Keith Patrick Banner
Fidus Mezzanine Capital II, L.P. Represented By
Brian L Davidoff Keith Patrick Banner
Fidus Investment Corporation Represented By Brian L Davidoff
Keith Patrick Banner
BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg
Blue Wolf Capital Advisors L.P. Represented By
Christopher O Rivas Howard Steinberg
Gladstone Investment Corporation Represented By
Cheryl S Chang Craig N Haring
11:30 AM
Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg
Blue Wolf Capital Partners, LLC Represented By
Christopher O Rivas Howard Steinberg
Avante Mezzanine Partners SBIC, Represented By
Brian L Davidoff Keith Patrick Banner
Plaintiff(s):
Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia
11:30 AM
Adv#: 9:19-01019 Corporate Recovery Associates, LLC v. Grant Thornton, LLP
Docket 33
Rule 42 states: "If actions before the court involve a common question of law or fact, the court may: (1) join for hearing or trial any or all matters at issue in the actions; (2) consolidate the actions; or (3) issue any other orders to avoid unnecessary cost or delay." Fed. R. Civ. P. 42(a) (emphasis added); Fed. R. Bankr. P. 7042. "The district court has broad discretion under [Rule 42(a)] to consolidate cases pending in the same district." Investor Research Co. v. U.S. Dist. Court for Cent. Dist. of Cal., 877 F.2d 777, 777 (9th Cir. 1989); see also Garity v. APWU Nat’l Labor Org., 828 F.3d 848, 855-56 (9th Cir. 2016) (noting that district courts have "broad discretion" under Rule 42(a) and that Rule 42(a) states a court "may" consolidate actions but that the court is not required to consolidate separately filed actions).
It does appear that the Adversary Proceedings before the court "involve a common question of law or fact," at least to some extent See Fed. R. Civ. P. 42(a). The Plaintiff did initially file some of the causes of action against Grant Thornton in the Blue Wolf Adversary (the Plaintiff subsequently sought to sever and consolidate those causes of action against Grant Thornton with the other causes of action separately filed in the Grant Thornton Adversary). Thus, the Plaintiff has acknowledged, at least implicitly, that the actions in the Adversary Proceedings involve a common question of law or fact because the severed causes of action against Grant Thornton were originally pled in the Blue Wolf Adversary.
The court finds that the Plaintiff’s arguments in the opposition are more persuasive, especially considering that approximately 6 months ago, the court severed and consolidated the Plaintiff’s causes of action against Grant Thornton in the Blue Wolf Adversary with the other claims in the Grant Thornton Adversary. While this is not strictly a relitigation of the exact same matters, the issue of consolidation was recently before the court and decided in a matter inconsistent with the relief requested in this
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Motion.
The court also notes that the questions of fact and law between the Adversary Proceedings are not overlapping to the extent that Grant Thornton argues in its Motion. There are no alter ego theories alleged in the Grant Thornton Adversary that the court would need to determine before disposition, but there are alter ego theories in the Blue Wolf Adversary that would need to be decided before disposition. Grant Thornton fails to identify or explain what issue of law is common to the Plaintiff’s prepetition and post-petition causes of action. And the Blue Wolf Adversary involves fraudulent transfer claims, which require that the Plaintiff demonstrate an actual intent to hinder, delay, or defraud creditors, while the Grant Thornton Adversary involves post-petition transaction claims under § 549(a), which do not require a showing of fraudulent intent.
Grant Thornton’s assertion that failure to consolidate would be a "major burden" on discovery is unsupported and ignores the efficiencies of narrowing disputes and discovery in the Grant Thornton Adversary.
Applying the court’s "broad discretion," the court's tentative ruling is to deny the request by Grant Thornton to consolidate the Adversary Proceedings for pretrial discovery purposes. As the Plaintiff contends, the interests of judicial economy and efficiency will be best served by narrowing the disputes and narrowing the discovery in the Grant Thornton Adversary without consolidating the actions. As this court has already exercised its discretion to sever and consolidate the causes of action against Grant Thornton, there does not appear to be any good cause to re-litigate or otherwise reassess the earlier order of the court.
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
Grant Thornton, LLP Represented By Ian Landsberg
11:30 AM
Movant(s):
Grant Thornton, LLP Represented By Ian Landsberg
Plaintiff(s):
Corporate Recovery Associates, Represented By Felicita A Torres Christian A Orozco
11:30 AM
Adv#: 9:19-01019 Corporate Recovery Associates, LLC v. Grant Thornton, LLP
RE: [1] and [10] Adversary case 9:19-ap-01019. Complaint by Corporate Recovery Associates, LLC against Grant Thornton, LLP. (Charge To Estate). Complaint to (1) Avoid and Recover Unauthorized Post-Petition Transfers; (2) Avoid and Recover Fraudulent Transfers Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer), (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)) (Torres, Felicita).
FR. 7-3-19, 7-23-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19
ADVANCED FROM 1-8-20, 1-7-20
Docket 10
- NONE LISTED -
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
Grant Thornton, LLP Represented By Ian Landsberg
Plaintiff(s):
Corporate Recovery Associates, Represented By Felicita A Torres Christian A Orozco
11:30 AM
RE: [9] Reaffirmation Agreement Between Debtor and Montecito Bank & Trust
Docket 9
- NONE LISTED -
Debtor(s):
Alberto Gomez Ramos Represented By Todd J Mannis
Joint Debtor(s):
Julia Ambriz Ramos Represented By Todd J Mannis
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [8] Pro se Reaffirmation Agreement Between Debtor and Coasthills Credit Union
Docket 8
- NONE LISTED -
Debtor(s):
James C. Marshall Represented By Brent D George
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [7] Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corp (Rafferty, John)
Docket 7
- NONE LISTED -
Debtor(s):
Humberto Pantoja Represented By Michael B Clayton
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [8] Pro se Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc.
Docket 8
- NONE LISTED -
Debtor(s):
Andre L Brown Represented By Michael B Clayton
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [11] Pro se Reaffirmation Agreement Between Debtor and Americredit Financial Services, Inc. Dba GM Financial
Docket 11
- NONE LISTED -
Debtor(s):
Andre L Brown Represented By Michael B Clayton
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [8] Pro se Reaffirmation Agreement Between Debtor and Americredit Financial Services, Inc. Dba GM Financial
Docket 8
- NONE LISTED -
Debtor(s):
James B. Rickard III Represented By William C Beall
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:18-01045 Burcar et al v. Hamm, II
RE: [58] Motion For Summary Judgment (Belton, Jeffrey) FR. 1-22-20
Docket 58
- NONE LISTED -
Debtor(s):
Charles Ardeil Hamm II Pro Se
Defendant(s):
Charles Ardeil Hamm II Pro Se
Movant(s):
Shanna Burcar Represented By Jeffrey Belton
John C. Barlow Represented By Jeffrey Belton
Nancy Barlow Represented By Jeffrey Belton
Shanna Burcar Pro Se
John C. Barlow Pro Se
Nancy Barlow Pro Se
John C. Barlow Pro Se
Nancy Barlow Pro Se
11:30 AM
Shanna Burcar Pro Se
Plaintiff(s):
Shanna Burcar Represented By Jeffrey Belton
John C. Barlow Represented By Jeffrey Belton
Nancy Barlow Represented By Jeffrey Belton
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Adv#: 9:18-01045 Burcar et al v. Hamm, II
RE: [1] Adversary case 9:18-ap-01045. Complaint by Shanna Burcar , John C. Barlow , Nancy Barlow against Charles Ardeil Hamm II. (Natures of Suit: (68 (Dischargeability - 523(a)(6) willful and malicious injury)) ,(64 (Dischargeability - 523(a)(15), divorce/sep property settlement/decree))
FR. 10-24-18, 11-14-18, 2-12-19, 3-19-19, 7-16-19, 9-11-19, 1-22-20 AND
Status Hearing
Re: [24] Counterclaims by Charles Ardeil Hamm II against all plaintiffs Filed by Charles Ardeil Hamm II
FR. 1-30-19, 2-12-19, 7-16-19, 9-11-19
Docket 1
- NONE LISTED -
Debtor(s):
Charles Ardeil Hamm II Pro Se
Defendant(s):
Charles Ardeil Hamm II Pro Se
Plaintiff(s):
Shanna Burcar Represented By Jeffrey Belton
John C. Barlow Represented By Jeffrey Belton
Nancy Barlow Represented By Jeffrey Belton
11:30 AM
Trustee(s):
Jerry Namba (TR) Pro Se
11:00 AM
Docket 47
- NONE LISTED -
Debtor(s):
Enrique Oscar Rollandi Martinasso Represented By
Onyinye N Anyama
11:00 AM
Fr.10-22-19,12-4-19
Docket 1
- NONE LISTED -
Debtor(s):
Linda Jean Phillips Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
Megna Real Estate Holdings, Inc. Represented By
Mark T Young
11:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
NSK Group, Inc. Represented By Kateryna Bilenka
11:00 AM
Docket 6
- NONE LISTED -
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
11:00 AM
Docket 5
- NONE LISTED -
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
1:30 PM
Adv#: 2:18-01117 Lawfund Management Group, LLC et al v. Buchalter, APC et al
fr.8-29-18,fr.9-17-18fr. 11-6-18fr.8-28-19 fr. 10-7-19
fr. 11-12-2019
fr. 12-19-19
fr. 1-14-20 fr.1-31-20
Docket 41
- NONE LISTED -
Debtor(s):
S&B Surgery Center Represented By Samuel R Maizel Jeffrey L Kandel Teddy M Kapur
Defendant(s):
Buchalter, APC Represented By Daniel J McCarthy
Claudia SPRINGER Represented By Jasmin Yang Craig E Holden
George Singer Represented By Jasmin Yang
S&B Surgery Center Creditor Trust Represented By
Jasmin Yang
1:30 PM
Plaintiff(s):
Lawfund Management Group, LLC Represented By
Herbert Dodell
LAWFUND MANAGMENT Represented By Perry R Fredgant
Trustee(s):
Nancy Hoffmeier Zamora Pro Se
1:30 PM
Adv#: 2:18-01117 Lawfund Management Group, LLC et al v. Buchalter, APC et al
#9.00 CONTD. Status Conference re: [1] Removal) Nature of Suit: (01 (Determination of removed claim or cause)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment)) filed by Plaintiff Lawfund Management Group, LLC, Plaintiff LAWFUND MANAGMENT GROUP, LLC).
fr. 6-27-18, 8-1-18, 8-30-18fr.8-29-18
fr.9-17-18fr.8-28-19fr. 11-6-18fr. 10-7-19
fr. 11-12-2019
fr. 12-19-19
fr. 1-14-20 fr.1-31-20
Docket 1
- NONE LISTED -
Debtor(s):
S&B Surgery Center Represented By Samuel R Maizel Jeffrey L Kandel Teddy M Kapur
Defendant(s):
Buchalter, APC Represented By Daniel J McCarthy
Claudia SPRINGER Represented By
Pamela Kohlman Webster
George Singer Represented By
Pamela Kohlman Webster
1:30 PM
James Wong Represented By
Matthew A Lesnick
Plaintiff(s):
Lawfund Management Group, LLC Represented By
Herbert Dodell
LAWFUND MANAGMENT Pro Se
Trustee(s):
Nancy Hoffmeier Zamora Pro Se
1:30 PM
Adv#: 2:18-01117 Lawfund Management Group, LLC et al v. Buchalter, APC et al
fr.8-30-18fr.8-29-18fr.9-17-18fr. 11-6-18fr.8-28-19 fr. 10-7-19
fr. 11-12-2019
fr. 12-19-19
fr. 1-14-20 fr.1-31-20
Docket 36
- NONE LISTED -
Debtor(s):
S&B Surgery Center Represented By Samuel R Maizel Jeffrey L Kandel Teddy M Kapur
Defendant(s):
Buchalter, APC Represented By Daniel J McCarthy
Claudia SPRINGER Represented By Jasmin Yang Craig E Holden
George Singer Represented By Jasmin Yang
S&B Surgery Center Creditor Trust Represented By
Jasmin Yang
1:30 PM
Plaintiff(s):
Lawfund Management Group, LLC Represented By
Herbert Dodell
LAWFUND MANAGMENT Represented By Perry R Fredgant
Trustee(s):
Nancy Hoffmeier Zamora Pro Se
11:00 AM
Docket 7
- NONE LISTED -
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
11:30 AM
Adv#: 9:19-01026 Pastora v. Rosenthal
FR. 8-14-19, 10-29-19
Docket 14
- NONE LISTED -
Debtor(s):
Rochelle S. Rosenthal Represented By Reed H Olmstead
Defendant(s):
Rochelle S. Rosenthal Represented By Reed H Olmstead
Plaintiff(s):
Eva Pastora Represented By
William E. Winfield
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [184] Verified Application for Payment of Administrative Claim by Court- Approved Stalking Horse Bidder, GJD Holdings, LLC
FR. 2-11-19, 4-15-19, 7-16-19
Docket 184
- NONE LISTED -
Debtor(s):
Off The Grid, LLC Represented By Shaune B Arnold Lewis R Landau Tal C. Finney
Joint Debtor(s):
Centrally Grown Holdings, LLC Represented By
Lewis R Landau
Red Mountain Farms, LLC Represented By Lewis R Landau
Movant(s):
GJD Holdings LLC Represented By Ali M Mojdehi Janet D Gertz
Trustee(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
11:30 AM
11:30 AM
Adv#: 9:19-01046 Kapitus Servicing, Inc., formerly known as Colonia v. McMahon et al
RE: [1] Adversary case 9:19-ap-01046. Complaint by Kapitus Servicing, Inc., formerly known as Colonial Funding Network, Inc., as servicing agent for Cashio against Kenneth L. McMahon, Jacqueline Lee McMahon. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Harvey, Brian)
FR: 10-29-19
Docket 1
- NONE LISTED -
Debtor(s):
Kenneth L. McMahon Represented By Andrew S Mansfield
Defendant(s):
Kenneth L. McMahon Represented By Christina Vanarelli
Jacqueline Lee McMahon Represented By Christina Vanarelli
Joint Debtor(s):
Jacqueline Lee McMahon Represented By Andrew S Mansfield
Plaintiff(s):
Kapitus Servicing, Inc., formerly Represented By
11:30 AM
Trustee(s):
Brian T Harvey
Jeremy W. Faith (TR) Pro Se
2:00 PM
Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [97] Motion to Dismiss Adversary Proceeding Claims 15 and 16 with Prejudice with Notice and Proof of Service
FR. 12-17-19, 1-13-20, 1-28-20
Docket 97
- NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Movant(s):
Gurpreet Sahani Represented By Lewis R Landau
2:00 PM
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant
2:00 PM
Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [81] Motion to Expunge (RE: related document(s)6 Notice). Notice of Motion and Motion to Expunge Notice of Pendency of Action with Proof of Service
FR. 10-10-19, 11-5-19, 12-17-19, 1-13-20, 1-28-20
Docket 81
Third Amended Complaint was filed on 10/23/19.
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Movant(s):
Gurpreet Sahani Represented By Lewis R Landau
2:00 PM
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant
2:00 PM
fr.1-28-20
Docket 282
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
11:30 AM
RE: [9] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 746 Southwick St, Santa Paula, California 93060 with Proof of Service. (Martinez, Kirsten)
Docket 9
Continue for proper service. Neither the original notice and motion (which
had the wrong courtroom number) nor the amended notice were served on Nationstar. Service on all other lienholders was required pursuant to LBR 4001-1(c)(1)(C)(iv).
The first available hearing date to allow for service and adequate notice is March 9, 2020 at 11:30 a.m. No appearances unless counsel would like to request a later hearing date.
Debtor(s):
Carlos Rodriguez Pro Se
Joint Debtor(s):
Raquel G Rodriguez Pro Se
Movant(s):
The Bank of New York Mellon f/k/a Represented By
Kirsten Martinez
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [146] Application for Compensation for Law Offices of Reed H. Olmstead, Debtor's Attorney, Period: 8/14/2018 to 9/11/2019, Fee: $11960.00, Expenses:
$640.46.
Docket 146
- NONE LISTED -
Debtor(s):
Jennifer Violet O'Neil Represented By Reed H Olmstead
11:30 AM
RE: [149] Motion For Order Closing Case on Interim Basis.
Docket 149
- NONE LISTED -
Debtor(s):
Jennifer Violet O'Neil Represented By Reed H Olmstead
Movant(s):
Jennifer Violet O'Neil Represented By Reed H Olmstead
11:30 AM
Post-Confirmation Status Conference FR. 1-22-20
Docket 136
- NONE LISTED -
Debtor(s):
Jennifer Violet O'Neil Represented By Reed H Olmstead
11:30 AM
Adv#: 9:18-01063 Freed v. Laughton et al
RE: [1] Adversary case 9:18-ap-01063. Complaint by Jamie Freed against Toby
W. Laughton, Christina C. Laughton. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) (Perry Isaacson, Misty)
FR. 12-19-18, 7-16-19, 10-29-19
Docket 1
- NONE LISTED -
Debtor(s):
Toby Wayne Laughton Represented By Daniel A Higson
Defendant(s):
Toby W. Laughton Pro Se
Christina C. Laughton Pro Se
Joint Debtor(s):
Christina C. Laughton Represented By Daniel A Higson
Plaintiff(s):
Jamie Freed Represented By
Lawrence J. Dreyfuss Misty A Perry Isaacson Bruce Dannemeyer
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 50
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
11:30 AM
Trustee to submit order within seven days.
Debtor(s):
Frances A. Lieser Pro Se
Trustee(s):
Sandra McBeth (TR) Represented By Felicita A Torres
11:30 AM
Docket 91
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
11:30 AM
Debtor(s):
Georgiana Mendoza Represented By Leslie A Tos
Trustee(s):
Jeremy W. Faith (TR) Represented By Meghann A Triplett
11:30 AM
Docket 75
- NONE LISTED -
Debtor(s):
Joseph Henderson Represented By Reed H Olmstead
Trustee(s):
Sandra McBeth (TR) Represented By William C Beall
11:30 AM
RE: [9] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 746 Southwick St, Santa Paula, California 93060 with Proof of Service. (Martinez, Kirsten)
FR. 2-11-20
Docket 9
Continue for proper service. Neither the original notice and motion (which had the wrong courtroom number) nor the amended notice were served on Nationstar. Service on all other lienholders was required pursuant to LBR 4001-1(c)(1)(C)(iv).
The first available hearing date to allow for service and adequate notice is March 9, 2020 at 11:30 a.m. No appearances unless counsel would like to request a later hearing date.
Debtor(s):
Carlos Rodriguez Pro Se
Joint Debtor(s):
Raquel G Rodriguez Pro Se
Movant(s):
The Bank of New York Mellon f/k/a Represented By
Kirsten Martinez
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [74] Motion RE: Objection to Claim Number 3 by Claimant Department of Treasury. (Bryner, Candice)
FR. 10-10-19, 1-21-20
Docket 74
- NONE LISTED -
Debtor(s):
Rosario Perry Represented By Michael R Totaro
Candice Candice Bryner
Movant(s):
Rosario Perry Represented By Michael R Totaro
Candice Candice Bryner
11:30 AM
RE: [75] Motion RE: Objection to Claim Number 6 by Claimant Franchise Tax Board. (Bryner, Candice)
FR. 10-10-19
Docket 75
- NONE LISTED -
Debtor(s):
Rosario Perry Represented By Michael R Totaro
Candice Candice Bryner
Movant(s):
Rosario Perry Represented By Michael R Totaro
Candice Candice Bryner
11:30 AM
RE: [146] Application for Compensation for Law Offices of Reed H. Olmstead, Debtor's Attorney, Period: 8/14/2018 to 9/11/2019, Fee: $11960.00, Expenses:
$640.46.
FR. 2-11-20
Docket 146
- NONE LISTED -
Debtor(s):
Jennifer Violet O'Neil Represented By Reed H Olmstead
11:30 AM
RE: [149] Motion For Order Closing Case on Interim Basis. FR. 2-11-20
Docket 149
- NONE LISTED -
Debtor(s):
Jennifer Violet O'Neil Represented By Reed H Olmstead
Movant(s):
Jennifer Violet O'Neil Represented By Reed H Olmstead
11:30 AM
Post-Confirmation Status Conference FR. 1-22-20, 2-11-20
Docket 136
- NONE LISTED -
Debtor(s):
Jennifer Violet O'Neil Represented By Reed H Olmstead
11:30 AM
RE: [112] U.S. Trustee Motion to dismiss or convert Case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)
Docket 112
- NONE LISTED -
Debtor(s):
Jon Christian Freed Tull Represented By Reed H Olmstead
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
Docket 848
- NONE LISTED -
Debtor(s):
Kerry S Moriarty Represented By Robert E Hurlbett Reed H Olmstead James R Selth Felicita A Torres Eric Bensamochan Jeffrey I Golden
11:30 AM
#12.00 Post-Confirmation Status Conference ADVANCED FR. 2-19-20
Docket 244
- NONE LISTED -
Debtor(s):
iE, Inc Represented By
Andrew Goodman
11:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Erich Lee Russell Represented By Kari L Ley
11:30 AM
Docket 34
- NONE LISTED -
Debtor(s):
Erich Lee Russell Represented By Kari L Ley
11:30 AM
Docket 73
Please be prepared to propose a schedule for plan confirmation.
Debtor(s):
Sondra L Browning-Ott Represented By
Roksana D. Moradi-Brovia William C Beall
Carissa N Horowitz
Joint Debtor(s):
Voyle Ott Represented By
Roksana D. Moradi-Brovia William C Beall
Carissa N Horowitz
11:30 AM
Adv#: 9:17-01074 Miracle Logistics, Inc. v. Jimenez et al
RE: [25] Amended Complaint Objecting to the Dischargeability of Debt by James Studer on behalf of Miracle Logistics, Inc. against all defendants Rafael Jimenez, and One Call Logistics, Inc.
FR. 4-11-18, 6-20-18, 7-18-18, 10-24-18, 1-16-19, 3-12-19, 7-3-19, 8-14-19,
9-26-19, 12-17-19
Docket 25
- NONE LISTED -
Debtor(s):
Rafael Jimenez Represented By Bryan Diaz
Defendant(s):
Rafael Jimenez Represented By Bryan Diaz
One Call Logistics, Inc. Represented By Bryan Diaz
Plaintiff(s):
Miracle Logistics, Inc. Represented By James Studer
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:18-01063 Freed v. Laughton et al
RE: [1] Adversary case 9:18-ap-01063. Complaint by Jamie Freed against Toby
W. Laughton, Christina C. Laughton. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) (Perry Isaacson, Misty)
FR. 12-19-18, 7-16-19, 10-29-19, 2-11-20
Docket 1
- NONE LISTED -
Debtor(s):
Toby Wayne Laughton Represented By Daniel A Higson
Defendant(s):
Toby W. Laughton Pro Se
Christina C. Laughton Pro Se
Joint Debtor(s):
Christina C. Laughton Represented By Daniel A Higson
Plaintiff(s):
Jamie Freed Represented By
Lawrence J. Dreyfuss Misty A Perry Isaacson Bruce Dannemeyer
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:18-01071
Wilson v. United States Department of Education
Telephonic Hearing
#17.00 CONT'D Status Hearing
RE: [1] Adversary case 9:18-ap-01071. Complaint by Christopher Scott Wilson against United States Department of Education. Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)),(72 (Injunctive relief - other)) (Ridley, Eric)
FR. 2-12-19, 5-28-19, 10-15-19
ADVANCED FR. 2-19-20
Docket 1
- NONE LISTED -
Debtor(s):
Christopher Scott Wilson Represented By Eric Ridley
Defendant(s):
United States Department of Represented By Elan S Levey
Plaintiff(s):
Christopher Scott Wilson Represented By Eric Ridley
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
11:30 AM
Adv#: 9:18-01076 Pressley v. Ritterbush
RE: [1] Adversary case 9:18-ap-01076. Complaint by David Pressley against Charles Ritterbush. false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Grant, Karen)
FR. 2-26-19, 5-14-19, 7-3-19, 8-14-19, 11-19-19, 12-5-19
Docket 1
- NONE LISTED -
Debtor(s):
Charles Ritterbush Represented By Reed H Olmstead
Defendant(s):
Charles Ritterbush Represented By Reed H Olmstead
Plaintiff(s):
David Pressley Represented By Karen L Grant
Trustee(s):
Jeremy W. Faith (TR) Represented By Sandra McBeth
11:30 AM
Adv#: 9:19-01014 Williams v. Lytel
RE: [25] Amended Complaint with proof of service by William C Beall on behalf of Oscar Williams against Kipley James Lytel. (RE: related document(s)1 Adversary case 9:19-ap-01014. Complaint by Oscar Williams, Kipley James Lytel against Kipley James Lytel. (Beall, William)
FR. 12-5-19
Docket 25
- NONE LISTED -
Debtor(s):
Kipley James Lytel Represented By Matthew D. Resnik
Defendant(s):
Kipley James Lytel Represented By
M. Jonathan Hayes
Plaintiff(s):
Oscar Williams Represented By William C Beall
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
Adv#: 9:19-01030 McBeth v. Sanders
RE: [1] Adversary case 9:19-ap-01030. Complaint by Sandra K. McBeth against Joseph Sanders. (Charge To Estate). Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Sholder, Joseph)
FR. 9-11-19, 10-10-19, 12-5-19
Docket 1
- NONE LISTED -
Debtor(s):
Julie Mai Represented By
Vaughn C Taus
Defendant(s):
Joseph Sanders Represented By Sevan Gorginian
Plaintiff(s):
Sandra K. McBeth Represented By Joseph M Sholder Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder
11:30 AM
Adv#: 9:19-01031 Hamilton, Jr. v. Russeil
RE: [1] Adversary case 9:19-ap-01031. Complaint by John S Hamilton Jr., Garrett Russeil against Garrett Russeil. false pretenses, false representation, actual fraud)) (Rodgers, Richard)
ADVANCED FR. 2-19-20
Docket 1
- NONE LISTED -
Debtor(s):
Garrett Russeil Represented By Brian Nomi
Defendant(s):
Garrett Russeil Represented By Brian Nomi
Plaintiff(s):
John S Hamilton Jr. Represented By Richard A Rodgers Richard A Rodgers
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:19-01052 Colebrook et al v. Bowen Gardner et al
RE: [1] Adversary case 9:19-ap-01052. Complaint by Teena Colebrook against Andrea Bowen Gardner , Philip Gardner . (Nature[s] of Suit: (41 (Objection / revocation of discharge - 727 (c), (d),(e))) ,(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud))
FR. 11-19-19, 12-5-19
Docket 1
- NONE LISTED -
Debtor(s):
Andrea Bowen-Gardner Represented By Reed H Olmstead
Defendant(s):
Andrea Bowen Gardner Pro Se
Philip Gardner Pro Se
Joint Debtor(s):
Philip Gardner Represented By Reed H Olmstead
Plaintiff(s):
Colleen Craig Pro Se
Kevin Rock Pro Se
Richard Viar Pro Se
11:30 AM
Teena Colebrook Pro Se
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:19-01057 William G. Joiner, as Trustee of the William G. Jo v. Mahan et al
RE: [7] Motion to Dismiss Adversary Proceeding John D. Monte's Motion to Dismiss Complaint Pursuant to Federal Rule of Civil Procedure 12[b]6 for Failure to State a Claim Upon Which Relief Can Be Granted; Memorandum of Points and Authorities in Support Thereof with Proof of Service
FR. 12-17-19
Docket 7
The court will handle matters 29-31 and whether dismissal or conversion of the main case is appropriate before addressing the adversary proceeding.
Debtor(s):
Shane Patrick Mahan Pro Se
Defendant(s):
Shane Patrick Mahan Pro Se
Legacy Effects, LLC Represented By Lee T Dicker
John D. Monte Pro Se
Movant(s):
John D. Monte Pro Se
Plaintiff(s):
William G. Joiner, as Trustee of the Represented By
Richard J Reynolds Meghan Canty Murphey
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:19-01057 William G. Joiner, as Trustee of the William G. Jo v. Mahan et al
RE: [1] Adversary case 9:19-ap-01057. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, Shane Patrick Mahan, Legacy Effects, LLC, John D. Monte. (21 (Validity, priority or extent of lien or other interest in property)),(72 (Injunctive relief - other)) (Reynolds, Richard)
FR. 12-17-19
Docket 1
- NONE LISTED -
Debtor(s):
Shane Patrick Mahan Pro Se
Defendant(s):
Shane Patrick Mahan Pro Se
Legacy Effects, LLC Represented By Lee T Dicker
John D. Monte Pro Se
Plaintiff(s):
William G. Joiner, as Trustee of the Represented By
Richard J Reynolds Meghan Canty Murphey
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al
RE: [16] Amended Motion (related document(s): 10 Motion to Amend (related document(s)6 Motion to Dismiss Adversary Proceeding ) filed by Defendant THE BANK OF NEW YORK MELLON, FKA, Defendant NewRez LLC DBA
Shellpoint Mortgage Servicing) (Klein, Bradford) FR. 1-7-20, 1-22-20
Docket 16
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Defendant(s):
Countrywide Financial Corporation Represented By
E. Christine Hehir Payam Khodadadi
Countrywide Home Loans Inc Represented By
E. Christine Hehir Payam Khodadadi
Countrywide Bank, NA Represented By
E. Christine Hehir Payam Khodadadi
BANK OF AMERICA Represented By
E. Christine Hehir Payam Khodadadi
11:30 AM
THE BANK OF NEW YORK Represented By Bradford Klein
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
NewRez LLC DBA Shellpoint Represented By Bradford Klein
LandSafe, Inc. Represented By
E. Christine Hehir Payam Khodadadi
LandSafe Appraisal, Inc. n/k/a Represented By
E. Christine Hehir Payam Khodadadi
Movant(s):
THE BANK OF NEW YORK Represented By Bradford Klein
NewRez LLC DBA Shellpoint Represented By Bradford Klein
Plaintiff(s):
Cathryn A Duff Represented By Jeremy H Rothstein
Charles L. Duff Represented By Jeremy H Rothstein
11:30 AM
Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al
RE: [32] Motion to Dismiss Adversary Proceeding (Johnson, Elliot) FR. 1-7-20, 1-22-20
Docket 32
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Defendant(s):
Countrywide Financial Corporation Represented By
E. Christine Hehir Payam Khodadadi
Countrywide Home Loans Inc Represented By
E. Christine Hehir Payam Khodadadi
Countrywide Bank, NA Represented By
E. Christine Hehir Payam Khodadadi
BANK OF AMERICA Represented By
E. Christine Hehir Payam Khodadadi
THE BANK OF NEW YORK Represented By Bradford Klein
11:30 AM
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
NewRez LLC DBA Shellpoint Represented By Bradford Klein
LandSafe, Inc. Represented By
E. Christine Hehir Payam Khodadadi
LandSafe Appraisal, Inc. n/k/a Represented By
E. Christine Hehir Payam Khodadadi
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
Plaintiff(s):
Cathryn A Duff Represented By Jeremy H Rothstein
Charles L. Duff Represented By Jeremy H Rothstein
11:30 AM
Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al
RE: [1] Adversary case 9:19-ap-01059. Complaint by Charles L. Duff against Countrywide Financial Corporation, Countrywide Home Loans Inc, Countrywide Bank, NA, BANK OF AMERICA, THE BANK OF NEW YORK MELLON, FKA,
BAYVIEW LOAN SERVICING, LLC, NewRez LLC DBA Shellpoint Mortgage Servicing, LandSafe, Inc., LandSafe Appraisal, Inc. n/k/a CoreLogic, Inc.. (Charge To Estate). Complaint For: (1) Violations of Californias Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200 et seq.); (2) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1962(c)); (3) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C.
§ 1962(d)); (4) Unjust Enrichment; (5) Fraud; (6) Violations of the Fair Debt Collection Practices Act (15 U.S.C. §§ 1692 1692p) (7) Breach of Covenant of Good Faith and Fair Dealing; and (8) Promissory Estoppel Nature of Suit: (14 (Recovery of money/property - other)),(21 (Validity, priority or extent of lien or other interest in property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Rothstein, Jeremy)
FR. 1-7-20, 1-22-20
Docket 1
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Defendant(s):
Countrywide Financial Corporation Represented By
E. Christine Hehir Payam Khodadadi
11:30 AM
Countrywide Home Loans Inc Represented By
E. Christine Hehir Payam Khodadadi
Countrywide Bank, NA Represented By
E. Christine Hehir Payam Khodadadi
BANK OF AMERICA Represented By
E. Christine Hehir Payam Khodadadi
THE BANK OF NEW YORK Represented By Bradford Klein
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
NewRez LLC DBA Shellpoint Represented By Bradford Klein
LandSafe, Inc. Represented By
E. Christine Hehir Payam Khodadadi
LandSafe Appraisal, Inc. n/k/a Represented By
E. Christine Hehir Payam Khodadadi
Plaintiff(s):
Cathryn A Duff Represented By Jeremy H Rothstein
Charles L. Duff Represented By Jeremy H Rothstein
11:30 AM
Adv#: 9:19-01035 Harandi v. Harandi
RE: [1] Adversary case 9:19-ap-01035. Complaint by Elizabeth Ann Harandi, Farshad Fasihi Harandi against Farshad Fasihi Harandi. priority or extent of lien or other interest in property)),(91 (Declaratory judgment)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(81 (Subordination of claim or interest))(Winston, Brandon)
FR: 10-29-19
Docket 1
- NONE LISTED -
Debtor(s):
Farshad Fasihi Harandi Represented By David A Tilem
Defendant(s):
Farshad Fasihi Harandi Represented By David A Tilem
Plaintiff(s):
Elizabeth Ann Harandi Represented By Brandon Winston
11:30 AM
RE: [12] Reaffirmation Agreement Between Debtor and Wells Fargo FR. 1-29-20
Docket 12
- NONE LISTED -
Debtor(s):
Rick Ray Edwards Represented By William E. Winfield
Joint Debtor(s):
Berenize Edwards Represented By William E. Winfield
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 16
- NONE LISTED -
Debtor(s):
Rick Ray Edwards Represented By William E. Winfield
Joint Debtor(s):
Berenize Edwards Represented By William E. Winfield
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [9] Reaffirmation Agreement Between Debtor and Montecito Bank & Trust FR. 2-4-20
Docket 9
- NONE LISTED -
Debtor(s):
Alberto Gomez Ramos Represented By Todd J Mannis
Joint Debtor(s):
Julia Ambriz Ramos Represented By Todd J Mannis
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [8] Pro se Reaffirmation Agreement Between Debtor and Coasthills Credit Union
FR. 2-4-20
Docket 8
- NONE LISTED -
Debtor(s):
James C. Marshall Represented By Brent D George
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Sheryl Errol Represented By
Todd Mannis
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Omar G. Arista Represented By Daniel A Higson
Joint Debtor(s):
Linda E. Arista Represented By Daniel A Higson
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Martha Rocha Represented By William E. Winfield
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 7
- NONE LISTED -
Debtor(s):
Humberto Pantoja Represented By Michael B Clayton
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Joseph Walter Laccabue Represented By William E. Winfield
Joint Debtor(s):
Shari Lynn Laccabue Represented By William E. Winfield
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Andre L Brown Represented By Michael B Clayton
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Andre L Brown Represented By Michael B Clayton
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Tina L. Guerrero Represented By Karen L Grant
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
James B. Rickard III Represented By William C Beall
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 12
- NONE LISTED -
Debtor(s):
Dylan S. Sonsalla Represented By Brent D George
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Oivind F Eichenberger Represented By David S Hagen
Joint Debtor(s):
Kristie Eichenberger Represented By David S Hagen
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 15
- NONE LISTED -
Debtor(s):
Oivind F Eichenberger Represented By David S Hagen
Joint Debtor(s):
Kristie Eichenberger Represented By David S Hagen
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Sharon Mann Represented By
Linda S Blonsley
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Reaffirmation Hearing Date Set
RE: [12] Reaffirmation Agreement Between Debtor and Wells Fargo Auto FR. 1-29-20
Docket 12
- NONE LISTED -
Debtor(s):
Paul Earl Nelson Represented By Daniel King
Joint Debtor(s):
Holly Beth Konjoyan-Nelson Represented By Daniel King
Trustee(s):
Sandra McBeth (TR) Pro Se
10:00 AM
#0.00 Post-Confirmation Status Conference
Docket 244
- NONE LISTED -
Debtor(s):
iE, Inc Represented By
Andrew Goodman
10:00 AM
Adv#: 9:19-01031 Hamilton, Jr. v. Russeil
RE: [1] Adversary case 9:19-ap-01031. Complaint by John S Hamilton Jr., Garrett Russeil against Garrett Russeil. false pretenses, false representation, actual fraud)) (Rodgers, Richard) CORRECTION: See Docket #2 for complete PDF (to include Complaint). Modified on 7/12/2019 (Bertelsen, Susan).
Docket 1
- NONE LISTED -
Debtor(s):
Garrett Russeil Represented By Brian Nomi
Defendant(s):
Garrett Russeil Represented By Brian Nomi
Plaintiff(s):
John S Hamilton Jr. Represented By Richard A Rodgers Richard A Rodgers
Trustee(s):
Jeremy W. Faith (TR) Pro Se
10:00 AM
Adv#: 9:18-01071
Wilson v. United States Department of Education
Telephonic Hearing
#0.00 CONT'D Status Hearing
RE: [1] Adversary case 9:18-ap-01071. Complaint by Christopher Scott Wilson against United States Department of Education. Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)),(72 (Injunctive relief - other)) (Ridley, Eric)
FR. 2-12-19, 5-28-19, 10-15-19
Docket 1
- NONE LISTED -
Debtor(s):
Christopher Scott Wilson Represented By Eric Ridley
Defendant(s):
United States Department of Represented By Elan S Levey
Plaintiff(s):
Christopher Scott Wilson Represented By Eric Ridley
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 PM
Adv#: 9:18-01040
THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
Telephonic Hearing
RE: [97] Motion to Dismiss Adversary Proceeding Claims 15 and 16 with Prejudice with Notice and Proof of Service
FR. 12-17-19, 1-13-20, 1-28-20, 2-10-20
Docket 97
- NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Movant(s):
Gurpreet Sahani Represented By
11:30 PM
Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant
11:30 PM
Adv#: 9:18-01040
THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
Telephonic Hearing
RE: [81] Motion to Expunge (RE: related document(s)6 Notice). Notice of Motion and Motion to Expunge Notice of Pendency of Action with Proof of Service
FR. 10-10-19, 11-5-19, 12-17-19, 1-13-20, 1-28-20, 2-10-20
Docket 81
Third Amended Complaint was filed on 10/23/19.
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Movant(s):
Gurpreet Sahani Represented By
11:30 PM
Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant
1:30 PM
fr. 1-14-20
Docket 9
- NONE LISTED -
Debtor(s):
NSK Group, Inc. Represented By Kateryna Bilenka
1:30 PM
Docket 62
- NONE LISTED -
Debtor(s):
Ketab Corporation Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
Adv#: 1:19-01145 Studio Production Center, Inc. et al v. Imagecraft Productions, Inc.
Docket 1
- NONE LISTED -
Debtor(s):
Studio Production Center, Inc. Represented By Mark E Brenner
Defendant(s):
Imagecraft Productions, Inc. Pro Se
Plaintiff(s):
Studio Production Center, Inc. Represented By David Brian Lally
Ridgley Conlan Represented By David Brian Lally
1:30 PM
fr.1-28-20,2-10-20
Docket 282
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
11:30 AM
RE: [7] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 CHEVROLET VOLT VIN 1G1RC6S55HU210343 . (Wang, Jennifer)
Docket 7
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Joseph Waid Jr. Represented By Todd J Mannis
Joint Debtor(s):
Samantha Waid Represented By
11:30 AM
Movant(s):
Todd J Mannis
ACAR Leasing LTD d/b/a GM Represented By Jennifer H Wang
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 208
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested.*** The final report and proposed distributions, compensation and reimbursement are approved.
***PLEASE NOTE -- the expense payment to GrobsteinTeeple is $146.69, as requested in the fee application (there appears to be an error on the expense amount in the final report).
Trustee to submit order within seven days.
Debtor(s):
Kenneth A Rice Represented By
11:30 AM
Trustee(s):
Paul F Ready Linda S Blonsley
Jeremy W. Faith (TR) Represented By Meghann A Triplett Noreen A Madoyan
11:30 AM
Docket 18
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Angelica Radwich Represented By David Joel Follin
Joint Debtor(s):
Jeremy Adam Radwich, Sr. Represented By David Joel Follin
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 505
- NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Movant(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant
11:30 AM
Adv#: 9:16-01067 Kiel v. Grodin
#5.00 ORDER TO SHOW CAUSE WHY THIS PROCEEDING SHOULD NOT BE DISMISSED AND PLAINTIFFS COUNSEL SANCTIONED
Docket 103
- NONE LISTED -
Debtor(s):
Jeffery Steven Grodin Represented By Janet L Mertes
Defendant(s):
Jeffery Steven Grodin Represented By Janet L Mertes
Plaintiff(s):
Mark Kiel Represented By
Conor R. Nideffer
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Adv#: 9:19-01019 Corporate Recovery Associates, LLC v. Grant Thornton, LLP
RE: [1] and [10] Adversary case 9:19-ap-01019. Complaint by Corporate Recovery Associates, LLC against Grant Thornton, LLP. (Charge To Estate). Complaint to (1) Avoid and Recover Unauthorized Post-Petition Transfers; (2) Avoid and Recover Fraudulent Transfers Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer), (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)) (Torres, Felicita).
FR. 7-3-19, 7-23-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19, 1-7-20, 2-4-20
Docket 10
Please have some dates to suggest to the court today.
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
Grant Thornton, LLP Represented By Ian Landsberg
Plaintiff(s):
Corporate Recovery Associates, Represented By Felicita A Torres Christian A Orozco
11:30 AM
Adv#: 9:18-01045 Burcar et al v. Hamm, II
RE: [88] Motion to Amend Complaint for Non-Dischargeability; Points and Authorities in Support; Declaration of Jeffrey T. Belton in Support, (Belton, Jeffrey)
Docket 88
- NONE LISTED -
Debtor(s):
Charles Ardeil Hamm II Pro Se
Defendant(s):
Charles Ardeil Hamm II Pro Se
Movant(s):
Shanna Burcar Represented By Jeffrey Belton
John C. Barlow Represented By Jeffrey Belton
Nancy Barlow Represented By Jeffrey Belton
Shanna Burcar Pro Se
John C. Barlow Pro Se
Nancy Barlow Pro Se
John C. Barlow Pro Se
Nancy Barlow Pro Se
11:30 AM
Shanna Burcar Pro Se
Plaintiff(s):
Shanna Burcar Represented By Jeffrey Belton
John C. Barlow Represented By Jeffrey Belton
Nancy Barlow Represented By Jeffrey Belton
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Adv#: 9:19-01079 William G. Joiner, as Trustee of the William G. Jo v. Mahan
RE: [1] Adversary case 9:19-ap-01079. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against Shane Patrick Mahan. (Nature of Suit: (41 - Objection / revocation of discharge - 727(c),(d),(e))). (Reynolds, Richard)
Docket 1
- NONE LISTED -
Debtor(s):
Shane Patrick Mahan Pro Se
Defendant(s):
Shane Patrick Mahan Pro Se
Plaintiff(s):
William G. Joiner, as Trustee of the Represented By
Richard J Reynolds
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
Pari F Kermani Represented By Dana M Douglas
11:00 AM
1-28-20
Docket 13
- NONE LISTED -
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong
1:30 PM
Docket 99
- NONE LISTED -
Debtor(s):
Alejandro Antonio Passarelli Represented By
Michael A Younge - SUSPENDED BK -
Joint Debtor(s):
Maria D Passarelli Represented By
Michael A Younge - SUSPENDED BK -
1:30 PM
Adv#: 2:19-01519 3600 Ashe, LLC v. Koop
Docket 1
- NONE LISTED -
Debtor(s):
3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham
Defendant(s):
Ron Koop Pro Se
Plaintiff(s):
3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham
10:00 AM
Adv#: 9:18-01071
Wilson v. United States Department of Education
Telephonic Hearing
#1.00 CONT'D Status Hearing
RE: [1] Adversary case 9:18-ap-01071. Complaint by Christopher Scott Wilson against United States Department of Education. Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)),(72 (Injunctive relief - other)) (Ridley, Eric)
FR. 2-12-19, 5-28-19, 10-15-19
Docket 1
- NONE LISTED -
Debtor(s):
Christopher Scott Wilson Represented By Eric Ridley
Defendant(s):
United States Department of Represented By Elan S Levey
Plaintiff(s):
Christopher Scott Wilson Represented By Eric Ridley
Trustee(s):
Jeremy W. Faith (TR) Pro Se
1:00 PM
FR. 10-15-19, 11-14-19,12-16-19, 2-3-20
Docket 125
Debtor(s):
Green Pharmaceuticals, Inc. Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams
11:30 AM
Docket 395
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Firooz Payan Pro Se
Movant(s):
Santander Consumer USA Inc. dba Represented By
Jennifer H Wang
11:30 AM
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
Docket 52
Continue for proper service.
Pursuant to LBR 4001-1(1)(C), all lienholders known to the movant, scheduled by the debtor, or appearing in the public record had to be served.
The debtor did not schedule any claims secured by the Property defined in the motion. However, the Movant knew of the claims identified in the motion held by Sharon Gaiser, Pacific Western Bank, National City Commercial Capital Company, LLC, AEL Financial LLC, and the FTB. None of these parties was properly served. Sharon Gaiser and the FTB were not served at all. The three judgment creditors, Pacific Western, National City, and AEL Financial, were served (not directed to any specific person or officer as required by FRBP 7004), but none of them was served through the counsel listed on the abstracts of judgment attached to the motion.
The court did not receive the judge's copy that the proof of service indicates was sent.
First available hearing date to allow for proper service and adequate notice is April 7, 2020 at 11:30 a.m. No appearances unless movant would like to request a later hearing date.
Debtor(s):
John T Gaiser Represented By
William C Beall
11:30 AM
Movant(s):
U.S. Bank, National Association as Represented By
Raymond Jereza
Trustee(s):
Jerry Namba (TR) Represented By Kristine A Thagard D Edward Hays
11:30 AM
Docket 53
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
As to Debtor:
DENY as moot; discharge was entered on 10/8/19
As to Estate:
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Hrach Nick Muradyan Represented By
Raj T Wadhwani
11:30 AM
Movant(s):
JPMorgan Chase Bank, N.A. Represented By Raymond Jereza
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 10
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Samantha Louise Schroeder Represented By Barry E Borowitz
Movant(s):
Kinecta Federal Credit Union Represented By Jennifer H Wang
11:30 AM
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 10
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Joshua Richard Lasslett Represented By Leslie A Tos
Movant(s):
VW Credit, Inc. Represented By Kirsten Martinez
11:30 AM
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 9
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Nancy Perez Figueroa Represented By John K Rounds
Movant(s):
CBC Federal Credit Union Represented By Yuri Voronin
11:30 AM
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [360] and [362] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1731 Schoolhouse Cir, Westlake Village, CA 91362 . (Kaufmann, Kelly)
FR. 2-4-20
Docket 360
Continue for proper service. There are several defects in service, which must be
made on all other lienholders pursuant to LBR 4001-1(c)(1)(C)(iv).
The motion lists a lien held by "Laura Ann Hartz" and served that lienholder at the address listed on the debtor's schedules. However, a proof of claim was filed by Laura Ann Hartz, Patricia Scarfone-Sulz, and Sandra Lee Dawson (Claim 33). There is no indication on the proof of service that these parties were served at the address (counsel) listed on the proof of claim.
The IRS, which filed a claim secured by all property, including real estate, was not served (or listed as a lienholder)
The proof of service does not indicate proper service on insured depository institutions including Citibank, Bank of the Sierra, and Union Bank.
Pacific Western Bank and U.S. Bank (whose lien is identified in the motion as held by SPS) have appeared in this case, and their counsel received NEF service -- although the court had to verify this on its own because the proof of service does not reflect this form of service, and the other information on the proof of service would not have established proper service.
11:30 AM
As to Citibank, Bank of the Sierra, and Union Bank, two (Citibank and
Union Bank) were served at generic "officer" addresses -- not naming a specific officer. Bank of the Sierra did not even have that. Citibank was served at an address that does not match the addres listed with the FDIC. Union Bank and Bank of the Sierra were also not served at their FDIC addresses, or even on the addresses given on their proofs of claim.
The first available hearing date to allow for service and proper notice is March 3, 2020 at 11:30 a.m. No appearances unless counsel for the movant would like to request a later hearing date.
Debtor(s):
Robert Hesselgesser M.D. Pro Se
Movant(s):
JPMorgan Chase Bank, National Represented By
Nancy L Lee
Kelly M Kaufmann
Trustee(s):
Jeremy W. Faith (TR) Represented By Jeffrey I Golden Beth Gaschen
11:30 AM
RE: [1] Chapter 7 Involuntary Petition Against an Individual. Charles W. Aarni Employee Profit Sharing Plan (attorney Beth Gaschen), Allan Chodor (attorney Beth Gaschen), Mary and Marvin Owen 1993 Trust (attorney Beth Gaschen), The McGowan Exemption Trust dated 03/26/2003 (attorney Beth Gaschen) .
FR. 11-7-17, FR. 12-5-17, 1-24-18, 2-1-18, 5-8-18, 8-7-18, 11-13-18, 2-11-19,
3-19-19, 11-5-19
Docket 1
Set continued status conference. Available dates include June 23 at 11:30, June 30 at 11:30 (appearances permitted in Santa Barbara and Los Angeles), July 7 at 11:30, and July 13 at 11:30 (appearances permitted in Santa Barbara and Los Angeles).
Debtor(s):
Robert Hesselgesser M.D. Pro Se
Trustee(s):
Jeremy W. Faith (TR) Represented By Jeffrey I Golden Beth Gaschen
11:30 AM
Docket 140
The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs 2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Robert John Samuel Fowler Represented By David L Oberg
Movant(s):
Jeremy W. Faith (TR) Represented By
11:30 AM
Trustee(s):
M Douglas Flahaut Annie Y Stoops
Jeremy W. Faith (TR) Represented By
M Douglas Flahaut Annie Y Stoops
11:30 AM
Docket 142
The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs 2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Robert John Samuel Fowler Represented By David L Oberg
11:30 AM
Movant(s):
Arent Fox LLP Represented By Aram Ordubegian
M Douglas Flahaut
Trustee(s):
Jeremy W. Faith (TR) Represented By
M Douglas Flahaut Annie Y Stoops
11:30 AM
RE: [68] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)
Docket 68
- NONE LISTED -
Debtor(s):
Jorge Velazquez Represented By Reed H Olmstead
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
RE: [184] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)
Docket 184
- NONE LISTED -
Debtor(s):
Green Pharmaceuticals, Inc. Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
RE: [170] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)
Docket 170
- NONE LISTED -
Debtor(s):
Farshad Fasihi Harandi Represented By David A Tilem
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
RE: [10] U.S. Trustee Motion to dismiss or convert case; Declaration of Maria D. Marquez with proof of service . (Fittipaldi, Brian)
Docket 10
- NONE LISTED -
Debtor(s):
AIS Construction Company Represented By William E. Winfield
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
AIS Construction Company Represented By William E. Winfield
11:30 AM
RE: [159] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)
Docket 159
- NONE LISTED -
Debtor(s):
Ronald Frances Palmer Represented By John K Rounds
Joint Debtor(s):
Lola Marie Palmer Represented By John K Rounds
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
Docket 143
Service Deficiency
Rule 3017(a) states that the court shall hold a hearing on the approval of a disclosure statement "on at least 28 days’ notice to the debtor, creditors, equity security holders and other parties in interest as provided in Rule 2002 to consider the disclosure statement and objections or modifications thereto." Fed. R. Bankr. P. 3017(a). Rule 2002(b) states that all creditors shall have not less than 28 days’ notice by mail of the time fixed "for filing objections and the hearing to consider approval of a disclosure statement." Fed. R. Bankr. P. 2002(b). Rule 3017(a) states that the plan and the disclosure statement with the notice of hearing must be served on the debtor, the trustee or committee, the Securities and Exchange Commission (the "SEC"), and any party in interest who requests in writing a copy of the statement or plan. Fed. R. Bankr. P.
3017(a).
Here, while the Debtors did provide 28 days’ notice, the notice of hearing and the plan and disclosure statement were not served on all required parties. The Debtors only served the Plan, the Disclosure Statement, and the notice of the hearing on the parties who receive NEF and the court. The Debtors failed to serve all creditors and parties in interest with the notice of the hearing. Additionally, the notice of the hearing was not properly served on anyone because Rule 2002(b) requires "notice by mail," so even if the
U.S. Trustee or a creditor did receive notice by NEF, they still did not receive proper notice under the rules. See Fed. R. Bankr. P. 2002(b). Thus, no one (other than the court) received proper notice of the disclosure statement hearing.
Furthermore, the Debtors filed to serve the SEC with any of the required documents, as required by Rule 3017(a).
Adequate Information
11:30 AM
The court's own review reveals that the Disclosure Statement lacks "adequate information" under § 1125(a). Most notably, the Disclosure Statement references 4 exhibits that are allegedly attached, but the Disclosure Statement has no exhibits or attachments. See Discl. Stmt. at 9:23-24 ("projected financial statements are set forth as Exhibit A"), 14:20-21 ("listed in Exhibit B to the Disclosure Statement"), 17:14 ("attach hereto as Exhibit C"), 19:6 ("attached as Exhibit D"), 22-23 (showing the end of the document and then the proof of service). Based on the failure to attach the appropriate and relied upon exhibits, it is almost impossible for the court to say that the Disclosure Statement has "adequate information" under § 1125(a) for a holder of a claim against the estate to make an informed decision on whether to accept or reject the Plan.
Throughout the Plan and the Disclosure Statement, the Debtors indicate that they want to sell or refinance the vacant real property. Why does this case need to be a chapter 11 case at this point? According to the Debtors’ stipulation with the first deed of trust holder, U.S. Bank, the Debtors must sell or refinance the real property by 3/15/20. It is less than 2 weeks before that deadline. There are numerous deficiencies in this case as pointed out by the U.S. Trustee, including no MORs for 6 months. It appears that this case does not have a likelihood of a successful reorganization.
Debtor(s):
Ronald Frances Palmer Represented By John K Rounds
Joint Debtor(s):
Lola Marie Palmer Represented By John K Rounds
11:30 AM
FR. 3-4-20
Docket 1
- NONE LISTED -
Debtor(s):
Luis D. Martinez Represented By
Eric Bensamochan
11:30 AM
RE: [156] Application for Compensation - First and Final Application by Resnik Hayes Moradi LLP, Former General Bankruptcy Counsel for the Debtor, for Allowance of Fees and Reimbursement of Costs for the Period September 7, 2017 Through April 30, 2019; Declaration of Matthew D. Resnik in Support Thereof, with Proof of Service for Matthew D. Resnik, Debtor's Attorney, Period: 9/7/2017 to 4/30/2019, Fee: $96,786.50, Expenses: $1,913.34.
FR. 12-5-19, 1-7-20
Docket 156
The court denied the request to continue this hearing for a third time. Please be prepared to update the court on this application.
12/5 Tentative Ruling:
The opposition to the application raises some serious issues, and the court notes that the duplicate entries acknowledged by counsel -- along with the lack of a plan or settled claims during counsel's tenure in this case -- would require a reduction of fees even setting aside the allegations made in the opposition. The
$2,500 reduction offered by counsel is a start.
Debtor(s):
Selfridge Partners, LLC Represented By William E. Winfield
Movant(s):
Selfridge Partners, LLC Represented By William E. Winfield
11:30 AM
RE: [147] Debtor's Proposed Chapter 11 Plan of Reorganization FR. 1-21-20
Docket 147
Please update the court on the status of this case. Are there any ballots accepting the plan?
Debtor(s):
Selfridge Partners, LLC Represented By William E. Winfield
11:30 AM
RE: [174] Amended Chapter 11 Plan (FIRST AMENDED), with Proof of Service 149 Chapter 11 Plan of Reorganization , with Proof of Service . (Moradi-Brovia, Roksana)
FR. 10-2-18, 11-13-18, 12-18-18, 1-15-19, 2-5-19,
FR. 3-11-19 (STATUS CONFERENCE/HOLDING DATE), FR. 5-14-19, 7-3-19, 9-26-19, 12-17-19
Docket 174
The Debtor requests that this hearing be continued to a date in March 2020.
Debtor(s):
Jonathan David Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:30 AM
RE: [55] Chapter 11 Plan of Reorganization
Docket 55
- NONE LISTED -
Debtor(s):
Caroline Marie De Laurell Represented By Michael Jones Sara Tidd
11:30 AM
Adv#: 9:17-01085 The Cambria Moonstone, LP v. First-Citizens Bank & Trust Company et al
RE: [24] Adversary case 9:17-ap-01085. Amended Complaint by The Cambria Moonstone, LP against FIRST CITIZENS BANK. (Charge To Estate). Nature of Suit: (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Beall, William)
FR. 3-4-20
Docket 1
- NONE LISTED -
Debtor(s):
The Cambria Moonstone, LP Represented By William C Beall
Defendant(s):
First-Citizens Bank & Trust Represented By
Tom Roddy Normandin
Plaintiff(s):
The Cambria Moonstone, LP Represented By William C Beall
11:30 AM
Adv#: 9:18-01057 Corporate Recovery Associates, LLC v. Chen
RE: [1] Adversary case 9:18-ap-01057. Complaint by Corporate Recovery Associates, LLC against Lynn Chen. (Charge To Estate). Complaint to Avoid and Recover Preferential Transfers of Property [11 U.S.C.Sections 547, 550 and 551] Nature of Suit: (12 (Recovery of money/property - 547 preference)) (Levin, Andrew)
FR. 12-19-18, 2-12-19, 3-19-19, 11-13-19
Docket 1
- NONE LISTED -
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
Lynn Chen Represented By
John P Byrne
Plaintiff(s):
Corporate Recovery Associates, Represented By Robert E Opera Andrew B Levin Joseph M Sholder Felicita A Torres
11:30 AM
Adv#: 9:19-01058 Golf View Lane Limited Partnership, a California L v. Pinnacle Estate
RE: [1] Adversary case 9:19-ap-01058. Complaint by Golf View Lane Limited Partnership, a California Limited Partnership against Pinnacle Estate Properties, Inc., Garen Gary Keshishyan, Levis Pasco Obando, Valley Enterprises TS, Inc., Jose Pasco. (Fee not required). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)) (Yaspan, Robert) Modified on 10/16/2019 (Handy, Brad).
FR. 12-17-19
Docket 1
- NONE LISTED -
Debtor(s):
Golf View Lane Limited Partnership, Represented By
Joseph G. McCarty
M. Jonathan Hayes Robert M Yaspan
Defendant(s):
Pinnacle Estate Properties, Inc. Represented By Alana B Anaya
Garen Gary Keshishyan Represented By Alana B Anaya
Levis Pasco Obando Represented By Alana B Anaya
Valley Enterprises TS, Inc. Represented By
Thomas C Corcovelos
11:30 AM
Jose Pasco Represented By
Thomas C Corcovelos
Closing Agents, Inc. Pro Se
DOES 1 through 25, inclusive Pro Se
Igya Demirci Pro Se
Plaintiff(s):
Golf View Lane Limited Partnership, Represented By
Robert M Yaspan
11:30 AM
Adv#: 9:20-01001 Cardinal Collection Educational Foundation et al v. Knauss
Status Hearing
RE: [1] Adversary case 9:20-ap-01001. Complaint by Cardinal Collection Educational Foundation, Martin Logies, John Skirtich against Walter W. Knauss. willful and malicious injury)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) (Ringstad, Todd)
Docket 1
- NONE LISTED -
Debtor(s):
Walter W. Knauss Represented By John D Faucher
Defendant(s):
Walter W. Knauss Represented By John D Faucher
Joint Debtor(s):
Catherine Lynn Knauss Represented By John D Faucher
Plaintiff(s):
John Skirtich Represented By
Todd C. Ringstad
Cardinal Collection Educational Represented By Todd C. Ringstad
Martin Logies Represented By Todd C. Ringstad
11:30 AM
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo
11:30 AM
Adv#: 9:19-01031 Hamilton, Jr. v. Russeil
RE: [1] Adversary case 9:19-ap-01031. Complaint by John S Hamilton Jr., Garrett Russeil against Garrett Russeil. false pretenses, false representation, actual fraud)) (Rodgers, Richard) CORRECTION: See Docket #2 for complete PDF (to include Complaint). Modified on 7/12/2019 (Bertelsen, Susan).
FR. 3-3-20
Docket 1
- NONE LISTED -
Debtor(s):
Garrett Russeil Represented By Brian Nomi
Defendant(s):
Garrett Russeil Represented By Brian Nomi
Plaintiff(s):
John S Hamilton Jr. Represented By Richard A Rodgers Richard A Rodgers
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [505] Motion to Convert Case From Chapter 11 to 7. Chapter 11 Trustee's Motion For An Order: (1) Converting Chapter 11 Case To Chapter 7 And (2) Authorizing Continued Employment Of Certain Professionals Employed During Chapter 11 Case; Memorandum Of Points And Authorities And Declaration In Support Thereof Timothy)
FR. 2-24-20
Docket 505
- NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Movant(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant
1:30 PM
Docket 55
- NONE LISTED -
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
10:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
Luis D. Martinez Represented By
Eric Bensamochan
11:00 AM
Adv#: 9:19-01031 Hamilton, Jr. v. Russeil
RE: [1] Adversary case 9:19-ap-01031. Complaint by John S Hamilton Jr., Garrett Russeil against Garrett Russeil. false pretenses, false representation, actual fraud)) (Rodgers, Richard) CORRECTION: See Docket #2 for complete PDF (to include Complaint). Modified on 7/12/2019 (Bertelsen, Susan).
Docket 1
- NONE LISTED -
Debtor(s):
Garrett Russeil Represented By Brian Nomi
Defendant(s):
Garrett Russeil Represented By Brian Nomi
Plaintiff(s):
John S Hamilton Jr. Represented By Richard A Rodgers Richard A Rodgers
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [14] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2011 BMW X3 VIN 5UXWX5C55BLK59075 . (Wang, Jennifer)
Docket 14
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Catherine Ann Hall Represented By Karen Ware
Joint Debtor(s):
Maurice S Hall Represented By
11:30 AM
Movant(s):
Karen Ware
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 75
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Jose Reveles Pro Se
Joint Debtor(s):
Pauline Reveles Pro Se
Trustee(s):
Jeremy W. Faith (TR) Represented By Nancy H Zamora
11:30 AM
11:30 AM
Docket 78
- NONE LISTED -
Debtor(s):
Ramon Franco Represented By Andrew S Mansfield
Trustee(s):
Jeremy W. Faith (TR) Represented By Meghann A Triplett Noreen A Madoyan
11:30 AM
RE: [906] Motion For Final Decree and Order Closing Case. Notice of Motion and Motion to Enter Discharge and Issue a Final Decree that the Chapter 11 Plan Has Been Substantially Consummated; Memorandum of Points and Authorities; Declaration in Support with Proof of Service Thereof
Docket 906
The court has questions regarding payments to certain parties.
As to Weiland Golden Goodrich LLP ("WGG"), the Debtor lodged an order on a stipulation with WGG regarding payment of fees not paid pursuant to the plan. Under the stipulation (Docket No. 905), the debtor was to pay the
$23,566.64 balance owed to WGG in installments over four months. The court rejected the order because the stipulation included a provision that the case "shall convert" to chapter 7 if one of the installment payments was not made. There are no set dates in the stipulation for the payments, and the court has received no information regarding whether the payments have been made.
And as to Classes 16 and 17, the underlying obligations mature in less than a month on 4/3/20. In the Plan, the Debtor committed to refinancing those obligations by 12/31/19, and, if he did not refinance, to selling the properties. The Motion provides no information regarding the status of refinancing or selling the properties, so the court doesn't know how treatment of Classes 16 and 17 has been implemented.
If the Debtor can demonstrate that WGG has been paid and that treatment of Classes 16 and 17 has been implemented in some manner, the court can grant the motion.
11:30 AM
Debtor(s):
Kerry S Moriarty Represented By Robert E Hurlbett Reed H Olmstead James R Selth Felicita A Torres Eric Bensamochan Jeffrey I Golden
Movant(s):
Kerry S Moriarty Represented By Robert E Hurlbett Robert E Hurlbett Robert E Hurlbett Robert E Hurlbett Reed H Olmstead Reed H Olmstead Reed H Olmstead Reed H Olmstead James R Selth James R Selth James R Selth James R Selth Felicita A Torres Felicita A Torres Felicita A Torres Felicita A Torres Eric Bensamochan Eric Bensamochan Eric Bensamochan Eric Bensamochan Jeffrey I Golden Jeffrey I Golden Jeffrey I Golden Jeffrey I Golden
11:30 AM
Docket 848
- NONE LISTED -
Debtor(s):
Kerry S Moriarty Represented By Robert E Hurlbett Reed H Olmstead James R Selth Felicita A Torres Eric Bensamochan Jeffrey I Golden
11:30 AM
Docket 49
- NONE LISTED -
Debtor(s):
Steven Allen Harris Represented By Dana M Douglas
11:30 AM
Adv#: 9:16-01076 Loebl, Trustee of the Racheal Mofya Distribution T v. McQueen et al
RE: [1] Adversary case 9:16-ap-01076. Complaint by Jeffrey Loebl, Tiffany Nelson against Michael Lee McQueen, Flavia McQueen. fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Susi, Peter)
Docket 1
- NONE LISTED -
Debtor(s):
Michael Lee McQueen Represented By Larry D Webb
Defendant(s):
Michael Lee McQueen Represented By Larry D Webb
Flavia McQueen Represented By Larry D Webb
Joint Debtor(s):
Flavia McQueen Represented By Larry D Webb
Plaintiff(s):
Jeffrey Loebl, Trustee of the Represented By Peter Susi Darin Marx
Tiffany Nelson,Conservator of the Represented By
Peter Susi
11:30 AM
Trustee(s):
Darin Marx
Jeremy W. Faith (TR) Represented By Claire K Wu Peter J Mastan
11:30 AM
Adv#: 9:17-01025 Sarahang v. Sarahang, Sr.
Docket 21
- NONE LISTED -
Debtor(s):
Faraz Karim Sarahang Sr. Represented By Andrew S Mansfield
Defendant(s):
Faraz Karim Sarahang Sr. Represented By Andrew S Mansfield
Plaintiff(s):
Claudia Sarahang Represented By Larry D Webb
Trustee(s):
Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz
11:30 AM
Adv#: 9:19-01027 Faith, Chapter 7 Trustee v. CAPITAL ONE, N.A.
RE: [1] Adversary case 9:19-ap-01027. Complaint by Jeremy W. Faith, Chapter 7 Trustee against CAPITAL ONE, N.A.. (Charge To Estate). Complaint for: (1) Avoidance of Fraudulent Transfers [11 U.S.C. § 544, 548(a)(1)(A); Cal. Civ.
Code § 3439.04]; (2) Avoidance of Fraudulent Transfers [11 U.S.C. § 544, 548(a)(1)(B); Cal. Civ. Code § 3439.05,]; (3) Avoidance of Postpetition Transfers [11 U.S.C. §549]; and (4) Recovery of Avoided Transfers [11 U.S.C. § 550] and
(5) Preservation of Avoided Transfers [11 U.S.C. § 551] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Triplett, Meghann)
FR. 1-7-20
Docket 1
- NONE LISTED -
Debtor(s):
Burnett Family Farms, LLC Represented By Louis J Esbin
Defendant(s):
CAPITAL ONE, N.A. Represented By Amanda Koziol
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Meghann A Triplett
11:30 AM
Trustee(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Meghann A Triplett
Jeremy W. Faith (TR) Represented By Meghann A Triplett
11:30 AM
Adv#: 9:19-01011 Faith, Chapter 7 Trustee v. Dondiego
RE: [1] Adversary case 9:19-ap-01011. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Delia Dondiego. (Charge To Estate). Complaint for: (1) Avoidance of Fraudulent Transfer; (2) Recovery of Avoided Transfer; (3) Turnover of Property of the Estate; and (4) For Attorneys' Fees and Costs (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)) (Triplett, Meghann)
FR. 4-16-19, 6-12-19, 1-7-20, 1-8-20
Docket 1
- NONE LISTED -
Debtor(s):
Sebastian DonDiego Represented By Daniel A Higson
Defendant(s):
Delia Dondiego Represented By Daniel A Higson
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Meghann A Triplett
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
Meghann A Triplett
11:30 AM
Adv#: 9:20-01002 McBeth,Chapter 7 Trustee v. Limon
RE: [1] Adversary case 9:20-ap-01002. Complaint by Sandra K McBeth,Chapter 7 Trustee against Lori Limon. (Charge To Estate). Complaint for: (1) Avoidance of Preferential Transfers [11 U.S.C. § 547]; (2) Recovery of Avoided Transfers [11 U.S.C. § 550]; and (3) Disallowance of Claims [11 U.S.C. §502] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other)) (Triplett, Meghann)
Docket 1
- NONE LISTED -
Debtor(s):
Mark Steven Limon Represented By John Sullivan
Defendant(s):
Lori Limon Pro Se
Plaintiff(s):
Sandra K McBeth,Chapter 7 Trustee Represented By
Meghann A Triplett
Trustee(s):
Sandra McBeth (TR) Represented By Meghann A Triplett
11:00 AM
TELEPHONIC APPEARANCE ONLY
Docket 36
This representation seems broader than what is typically seen as a "specified special purpose."
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
11:00 AM
TELEPHONIC APPEARANCE ONLY
Docket 35
Grant.
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
11:00 AM
TELEPHONIC APPEARANCE ONLY
Docket 66
No tentative ruling. This is a FINAL RULING. The objection to claim # 8 was set for hearing on the notice required by FRBP 3007 and Local Bankruptcy Rules (“LBR”) 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). The claimant’s default will be entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all requested relief. The claim is disallowed in its entirety. Movant to submit order within seven days.
Debtor(s):
Ketab Corporation Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:00 AM
TELEPHONIC APPEARANCE ONLY
Docket 47
The court would like to hear from the movant on whether dismissal or conversion is the more appropriate choice.
Debtor(s):
Enrique Oscar Rollandi Martinasso Represented By
Onyinye N Anyama
11:00 AM
Docket 15
Debtor(s):
Pari F Kermani Represented By Dana M Douglas
11:00 AM
(2) Waiving the 14-Day stay period set forth in Bankruptcy Rule 6004(h); and (3) Granting related relief;
TELEPHONIC APPEARANCE ONLY
Docket 353
- NONE LISTED -
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
Movant(s):
Valley Economic Development Represented By Ron Bender Ron Bender Ron Bender Ron Bender Ron Bender Ron Bender Ron Bender Ron Bender Jeffrey S Kwong Jeffrey S Kwong
11:00 AM
Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik
Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith
11:00 AM
Adv#: 1:19-01145 Studio Production Center, Inc. et al v. Imagecraft Productions, Inc.
fr.2-20-20
Docket 1
- NONE LISTED -
Debtor(s):
Studio Production Center, Inc. Represented By Mark E Brenner
Defendant(s):
Imagecraft Productions, Inc. Pro Se
Plaintiff(s):
Studio Production Center, Inc. Represented By David Brian Lally
Ridgley Conlan Represented By David Brian Lally
11:00 AM
Adv#: 1:19-01145 Studio Production Center, Inc. et al v. Imagecraft Productions, Inc.
Docket 30
- NONE LISTED -
Debtor(s):
Studio Production Center, Inc. Represented By Mark E Brenner Mark E Brenner
Defendant(s):
Imagecraft Productions, Inc. Represented By Dean G Rallis Jr Matthew D Pham
Plaintiff(s):
Studio Production Center, Inc. Represented By David Brian Lally
Ridgley Conlan Represented By David Brian Lally
11:00 AM
fr. 1-7-20, 1-8-20
Docket 1
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:00 AM
fr. 11-20-19, 1-7-20, 1-8-20
Docket 29
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:00 AM
Docket 52
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:00 AM
Docket 42
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
1:30 PM
TELEPHONIC APPEARANCE ONLY
Docket 1
- NONE LISTED -
Debtor(s):
Yu Hua Long Investments LLC Represented By
M. Jonathan Hayes
Trustee(s):
Timothy Yoo (TR) Represented By Philip A Gasteier Jeffrey S Kwong Timothy J Yoo
1:30 PM
Adv#: 2:13-01720 New Meatco Provisions, LLC v. Greenberg Cheese Company, Inc.
TELEPHONIC APPEARANCE ONLY
Docket 63
- NONE LISTED -
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut Michael S Cryan
Defendant(s):
Greenberg Cheese Company, Inc. Pro Se
Plaintiff(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut Lindsey L Smith Anthony A Friedman
Trustee(s):
Howard B Grobstein Represented By Lindsey L Smith Larry W Gabriel Reagan E Boyce Anthony A Friedman
1:30 PM
Eve H Karasik
1:30 PM
Adv#: 2:13-01720 New Meatco Provisions, LLC v. Greenberg Cheese Company, Inc.
fr.10-3,12-11-13,1-9-14,3-20-14,5-20-14, 8-19-2014
fr. 11-18-14,9-18-19, 2-24-15, 6-9-15,8-25-15
fr.12-15-15,4-19-16, 7-26-16, 10-25-16, 2-7-17
fr.5-23-17,5-30-17,9-5-17,9-12-17,3-14-18
fr. 6-27-18,11-7-18,1-23-19, 5-22-19
fr. 9-18-19, 12-3-19
TELEPHONIC APPEARANCE ONLY
Docket 1
- NONE LISTED -
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut
Defendant(s):
Greenberg Cheese Company, Inc. Pro Se
Plaintiff(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut
1:30 PM
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:13-01896 New Meatco Provisions, LLC v. Marquez Brothers Enterprises, Inc.
fr.10-3,12-11-13,1-9-14,3-20-14,5-20-14, 8-19-2014
fr. 11-18-14, 2-24-15,6-9-15,8-25-15
fr.12-15-15,4-19-16,7-26-16,10-25-16
fr.2-7-17,5-23-17,5-30-17,9-5-17,9-12-17
fr.3-14-18, 6-27-18,11-7-18,1-23-19
fr. 5-22-19,9-18-19,12-3-19
TELEPHONIC APPEARANCE ONLY
Docket 1
- NONE LISTED -
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut
Defendant(s):
Marquez Brothers Enterprises, Inc. Pro Se
Plaintiff(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
1:30 PM
M Douglas Flahaut
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:13-01910 New Meatco Provisions, LLC v. Richmoore Holding, Inc.
fr.10-3,12-11-13,1-9-14,3-20-14,5-20-14, 8-19-2014
fr. 11-18-14, 2-24-15,6-9-15,8-25-15,12-15-15
fr.4-19-16, 7-26-16,10-25-16, 2-7-17,5-23-17
fr.5-30-17,9-5-17,9-12-17,3-14-18, 6-27-18
fr.11-7-18, 1-23-19, 5-22-19,9-18-19,12-3-19
TELEPHONIC APPEARANCE ONLY
Docket 1
- NONE LISTED -
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut
Defendant(s):
Richmoore Holding, Inc. Pro Se
Plaintiff(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut
1:30 PM
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:13-02202 New Meatco Provisions, LLC v. AA Meat Products Corporation
fr.3-20-14,5-20-14, 8-19-2014,11-18-14
fr. 2-24-15,6-9-15,8-25-15,12-15-15
fr.4-19-16,7-26-16,10-25-16,2-7-17,5-23-17
fr.5-30-17,9-5-17,9-12-17,3-14-18
fr. 6-27-18,11-7-18,1-23-19, 5-22-19
9-18-19, 12-3-19
TELEPHONIC APPEARANCE ONLY
Docket 1
- NONE LISTED -
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut Michael S Cryan
Defendant(s):
AA Meat Products Corporation Pro Se
Plaintiff(s):
New Meatco Provisions, LLC Represented By
1:30 PM
Mette H Kurth Michael S Cryan M Douglas Flahaut
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:15-01238 Grobstein v. Bay Area Seafood, Inc.
(2) Disallowance of any Claims held by Defendant [ 11 U.S.C. § 502(d)] Nature of Suit: (12 (Recovery of money/property - 547 preference))
fr.7-7-15,8-11-15,12-15-15,4-19-16
fr.7-26-16,10-25-16,2-7-17,5-23-17
fr.5-30-17,9-5-17,9-12-17,3-14-18
fr. 6-27-18,11-7-18,1-23-19, 5-22-19
9-18-19, 12-3-19
TELEPHONIC APPEARANCE ONLY
Docket 1
- NONE LISTED -
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut Michael S Cryan
Defendant(s):
Bay Area Seafood, Inc. Pro Se
Plaintiff(s):
Howard Grobstein Represented By Lindsey L Smith
1:30 PM
Trustee(s):
Howard B Grobstein Represented By Lindsey L Smith
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:15-01244 Grobstein v. Maike Loehr & Company, Inc., dba Landmark Foods
fr.7-7-15,8-11-15,12-15-15,4-19-16
fr.7-26-16,10-25-16,2-7-17,5-23-17
fr.5-30-17,9-5-17,9-12-17,3-14-18
fr. 6-27-18,11-7-18,1-23-19, 5-22-19
9-18-19, 12-3-19
TELEPHONIC APPEARANCE ONLY
Docket 1
- NONE LISTED -
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut Michael S Cryan
Defendant(s):
Maike Loehr & Company, Inc., dba Pro Se
Plaintiff(s):
Howard Grobstein Represented By Anthony A Friedman Lindsey L Smith Gary E Klausner
1:30 PM
Trustee(s):
Howard B Grobstein Represented By Lindsey L Smith
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:30 AM
The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the court for permission. Simply contact CourtCall at (866) 582-6878.
Through April 30, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).
If you have an evidentiary hearing or trial scheduled, the court will contact you to discuss arrangements.
Docket 0
- NONE LISTED -
11:30 AM
Telephonic Hearing
RE: [9] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 746 Southwick St, Santa Paula, California 93060 with Proof of Service. (Martinez, Kirsten)
FR. 2-11-20, 2-18-20
Docket 9
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
11:30 AM
Debtor(s):
Carlos Rodriguez Pro Se
Joint Debtor(s):
Raquel G Rodriguez Pro Se
Movant(s):
The Bank of New York Mellon f/k/a Represented By
Kirsten Martinez
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Telephonic Hearing
RE: [29] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Wages owed, damages, penalties and interest for labor violations . (Rice, Cynthia)
Docket 29
- NONE LISTED -
Debtor(s):
Higuera Farms, Inc. Represented By Jerry Namba
Movant(s):
Juana Velasco-Torres Represented By Cynthia Rice
Gabriela Rendon-Vasquez Represented By Cynthia Rice
Cesar Jimenez-Mendoza Represented By Cynthia Rice
Benito Perez-Reyes Represented By Cynthia Rice
Luis Morales-Garcia Represented By Cynthia Rice
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Telephonic Hearing
RE: [30] Motion and Notice of Motion for Leave to File Class Proof of Claim (Rice, Cynthia)
Docket 30
- NONE LISTED -
Debtor(s):
Higuera Farms, Inc. Represented By Jerry Namba
Movant(s):
Juana Velasco-Torres Represented By Cynthia Rice
Gabriela Rendon-Vasquez Represented By Cynthia Rice
Cesar Jimenez-Mendoza Represented By Cynthia Rice
Benito Perez-Reyes Represented By Cynthia Rice
Luis Morales-Garcia Represented By Cynthia Rice
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Telephonic Hearing
RE: [177] Motion to Appoint Trustee -- Motion of JPMorgan Chase Bank, N.A. to Appoint a Chapter 11 Trustee, or in the Alternative, Convert the Case to Chapter 7, with Proof of Service
Docket 177
Please be prepared to address whether conversion or appointment of a chapter 11 trustee is the more appropriate action.
Debtor(s):
Farshad Fasihi Harandi Represented By David A Tilem
Movant(s):
JPMorgan Chase Bank, National Represented By
Merdaud Jafarnia Sharon Z. Weiss
11:30 AM
Telephonic Hearing
RE: [170] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)
FR. 3-3-20
Docket 170
Please be prepared to address whether conversion or appointment of a chapter 11 trustee is the more appropriate action.
Debtor(s):
Farshad Fasihi Harandi Represented By David A Tilem
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
Telephonic Hearing
FR. 11-5-19, 1-6-20, 1-16-20, 1-23-20, 1-30-20
Docket 416
Debtor(s):
Aimee Nozzi Represented By
Stella A Havkin
11:30 AM
Telephonic Hearing
RE: [184] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)
FR. 3-3-20
Docket 184
- NONE LISTED -
Debtor(s):
Green Pharmaceuticals, Inc. Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
Telephonic Hearing
FR. 10-15-19, 11-14-19,12-16-19, 2-3-20, 3-2-20
Docket 125
- NONE LISTED -
Debtor(s):
Green Pharmaceuticals, Inc. Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams
11:30 AM
Telephonic Hearing
ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED AND DEBTOR'S COUNSEL SANCTIONED
FR. 3-9-20
Docket 49
- NONE LISTED -
Debtor(s):
Steven Allen Harris Represented By Dana M Douglas
11:30 AM
Adv#: 9:17-01091
Masuda v. Lewis
Telephonic Hearing
RE: [1] Adversary case 9:17-ap-01091. Complaint by Adam Masuda against Gary Charles Lewis. Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Wallin, Michael)
FR. 12-19-18, 1-29-19, 2-11-19, 3-12-19, 7-16-19, 9-3-19, 10-10-19, 12-17-19
Docket 1
Debtor(s):
Gary Charles Lewis Represented By Matthew D. Resnik
Defendant(s):
Gary Charles Lewis Represented By Matthew D. Resnik
Plaintiff(s):
Adam Masuda Represented By Michael A Wallin
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:19-01079
William G. Joiner, as Trustee of the William G. Jo v. Mahan Telephonic Hearing
RE: [1] Adversary case 9:19-ap-01079. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against Shane Patrick Mahan. (Nature of Suit: (41 - Objection / revocation of discharge - 727(c),(d),(e))). (Reynolds, Richard)
FR. 2-24-20
Docket 1
- NONE LISTED -
Debtor(s):
Shane Patrick Mahan Pro Se
Defendant(s):
Shane Patrick Mahan Pro Se
Plaintiff(s):
William G. Joiner, as Trustee of the Represented By
Richard J Reynolds Meghan Canty Murphey
Trustee(s):
Jeremy W. Faith (TR) Pro Se
1:30 PM
Docket 76
- NONE LISTED -
Debtor(s):
NSK Group, Inc. Represented By Kateryna Bilenka
1:30 PM
#0.00 To mitigate the spread of the COVID-19 virus, all hearings before Judge Saltzman will be telephonic until further notice.
The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the court for permission. Simply contact CourtCall at (866) 582-6878.
Through April 30, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).
If you have an evidentiary hearing or trial scheduled, the court will contact you to discuss arrangements.
Docket 0
- NONE LISTED -
1:30 PM
Fr.10-22-19,12-4-19 2-5-20
(Telephonic Appearance Only)
Docket 1
- NONE LISTED -
Debtor(s):
Linda Jean Phillips Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
Docket 1
- NONE LISTED -
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
1:30 PM
Docket 378
Please focus on whether the motion established excusable neglect.
The reply includes new evidence that was not in the motion regarding an associate, Matthew Emery, who had surgery three days before the claims bar date, citing this as a reason the Movant did not file a timely proof of claim.
See Reply at 5:12-6:5, Emery Decl. The motion makes no mention of Mr.Emery’s surgery; this evidence could have been raised there and was only raised in the reply. "New arguments or matters raised for the first time in reply documents will not be considered." LBR 9013-1(g)(4). The court will not consider this new evidence raised for the first time in the Movant’s reply documents.
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
1:30 PM
Adv#: 1:20-01018 Imagecraft Productions, Inc. v. Hollywood Center Stages, Inc. et al
#7.00 Order to Appear and Show Cause Why This Case Should Not be Remanded;
(Telephonic Appearance Only)
Docket 6
- NONE LISTED -
Debtor(s):
Studio Production Center, Inc. Represented By Mark E Brenner Mark E Brenner
Defendant(s):
Hollywood Center Stages, Inc. Pro Se
Ridge L Conlan Pro Se
Studio Production Center, Inc. Pro Se
Plaintiff(s):
Imagecraft Productions, Inc. Represented By Dean G Rallis Jr
11:30 AM
Adv#: 9:19-01059
Duff et al v. Countrywide Financial Corporation et al Telephonic Hearing
RE: [16] Amended Motion (related document(s): 10 Motion to Amend (related document(s)6 Motion to Dismiss Adversary Proceeding ) filed by Defendant THE BANK OF NEW YORK MELLON, FKA, Defendant NewRez LLC DBA
Shellpoint Mortgage Servicing) (Klein, Bradford) FR. 1-7-20, 1-22-20, 2-18-20
Docket 16
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Defendant(s):
Countrywide Financial Corporation Represented By
E. Christine Hehir Payam Khodadadi
Countrywide Home Loans Inc Represented By
E. Christine Hehir Payam Khodadadi
Countrywide Bank, NA Represented By
E. Christine Hehir Payam Khodadadi
BANK OF AMERICA Represented By
E. Christine Hehir
11:30 AM
Payam Khodadadi
THE BANK OF NEW YORK Represented By Bradford Klein
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
NewRez LLC DBA Shellpoint Represented By Bradford Klein
LandSafe, Inc. Represented By
E. Christine Hehir Payam Khodadadi
LandSafe Appraisal, Inc. n/k/a Represented By
E. Christine Hehir Payam Khodadadi
Movant(s):
THE BANK OF NEW YORK Represented By Bradford Klein
NewRez LLC DBA Shellpoint Represented By Bradford Klein
Plaintiff(s):
Charles L. Duff Represented By Jeremy H Rothstein
Cathryn A Duff Represented By Jeremy H Rothstein
11:30 AM
Adv#: 9:19-01059
Duff et al v. Countrywide Financial Corporation et al Telephonic Hearing
RE: [32] Motion to Dismiss Adversary Proceeding (Johnson, Elliot) FR. 1-7-20, 1-22-20, 2-18-20
Docket 32
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Defendant(s):
Countrywide Financial Corporation Represented By
E. Christine Hehir Payam Khodadadi
Countrywide Home Loans Inc Represented By
E. Christine Hehir Payam Khodadadi
Countrywide Bank, NA Represented By
E. Christine Hehir Payam Khodadadi
BANK OF AMERICA Represented By
E. Christine Hehir Payam Khodadadi
THE BANK OF NEW YORK Represented By
11:30 AM
Bradford Klein
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
NewRez LLC DBA Shellpoint Represented By Bradford Klein
LandSafe, Inc. Represented By
E. Christine Hehir Payam Khodadadi
LandSafe Appraisal, Inc. n/k/a Represented By
E. Christine Hehir Payam Khodadadi
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
Plaintiff(s):
Charles L. Duff Represented By Jeremy H Rothstein
Cathryn A Duff Represented By Jeremy H Rothstein
11:30 AM
Adv#: 9:19-01059
Duff et al v. Countrywide Financial Corporation et al Telephonic Hearing
RE: [1] Adversary case 9:19-ap-01059. Complaint by Charles L. Duff against Countrywide Financial Corporation, Countrywide Home Loans Inc, Countrywide Bank, NA, BANK OF AMERICA, THE BANK OF NEW YORK MELLON, FKA,
BAYVIEW LOAN SERVICING, LLC, NewRez LLC DBA Shellpoint Mortgage Servicing, LandSafe, Inc., LandSafe Appraisal, Inc. n/k/a CoreLogic, Inc.. (Charge To Estate). Complaint For: (1) Violations of Californias Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200 et seq.); (2) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1962(c)); (3) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C.
§ 1962(d)); (4) Unjust Enrichment; (5) Fraud; (6) Violations of the Fair Debt Collection Practices Act (15 U.S.C. §§ 1692 1692p) (7) Breach of Covenant of Good Faith and Fair Dealing; and (8) Promissory Estoppel Nature of Suit: (14 (Recovery of money/property - other)),(21 (Validity, priority or extent of lien or other interest in property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Rothstein, Jeremy)
FR. 1-7-20, 1-22-20, 2-18-20
Docket 1
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Defendant(s):
Countrywide Financial Corporation Represented By
E. Christine Hehir
11:30 AM
Payam Khodadadi
Countrywide Home Loans Inc Represented By
E. Christine Hehir Payam Khodadadi
Countrywide Bank, NA Represented By
E. Christine Hehir Payam Khodadadi
BANK OF AMERICA Represented By
E. Christine Hehir Payam Khodadadi
THE BANK OF NEW YORK Represented By Bradford Klein
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
NewRez LLC DBA Shellpoint Represented By Bradford Klein
LandSafe, Inc. Represented By
E. Christine Hehir Payam Khodadadi
LandSafe Appraisal, Inc. n/k/a Represented By
E. Christine Hehir Payam Khodadadi
Plaintiff(s):
Charles L. Duff Represented By Jeremy H Rothstein
Cathryn A Duff Represented By Jeremy H Rothstein
2:30 PM
Adv#: 9:19-01059
Duff et al v. Countrywide Financial Corporation et al Telephonic Hearing
RE: [16] Amended Motion (related document(s): 10 Motion to Amend (related document(s)6 Motion to Dismiss Adversary Proceeding ) filed by Defendant THE BANK OF NEW YORK MELLON, FKA, Defendant NewRez LLC DBA
Shellpoint Mortgage Servicing) (Klein, Bradford) FR. 1-7-20, 1-22-20, 2-18-20
Docket 16
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Defendant(s):
Countrywide Financial Corporation Represented By
E. Christine Hehir Payam Khodadadi
Countrywide Home Loans Inc Represented By
E. Christine Hehir Payam Khodadadi
Countrywide Bank, NA Represented By
E. Christine Hehir Payam Khodadadi
BANK OF AMERICA Represented By
E. Christine Hehir
2:30 PM
Payam Khodadadi
THE BANK OF NEW YORK Represented By Bradford Klein
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
NewRez LLC DBA Shellpoint Represented By Bradford Klein
LandSafe, Inc. Represented By
E. Christine Hehir Payam Khodadadi
LandSafe Appraisal, Inc. n/k/a Represented By
E. Christine Hehir Payam Khodadadi
Movant(s):
THE BANK OF NEW YORK Represented By Bradford Klein
NewRez LLC DBA Shellpoint Represented By Bradford Klein
Plaintiff(s):
Cathryn A Duff Represented By Jeremy H Rothstein
Charles L. Duff Represented By Jeremy H Rothstein
2:30 PM
Adv#: 9:19-01059
Duff et al v. Countrywide Financial Corporation et al Telephonic Hearing
RE: [32] Motion to Dismiss Adversary Proceeding (Johnson, Elliot) FR. 1-7-20, 1-22-20, 2-18-20
Docket 32
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Defendant(s):
Countrywide Financial Corporation Represented By
E. Christine Hehir Payam Khodadadi
Countrywide Home Loans Inc Represented By
E. Christine Hehir Payam Khodadadi
Countrywide Bank, NA Represented By
E. Christine Hehir Payam Khodadadi
BANK OF AMERICA Represented By
E. Christine Hehir Payam Khodadadi
THE BANK OF NEW YORK Represented By
2:30 PM
Bradford Klein
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
NewRez LLC DBA Shellpoint Represented By Bradford Klein
LandSafe, Inc. Represented By
E. Christine Hehir Payam Khodadadi
LandSafe Appraisal, Inc. n/k/a Represented By
E. Christine Hehir Payam Khodadadi
Movant(s):
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
Plaintiff(s):
Charles L. Duff Represented By Jeremy H Rothstein
Cathryn A Duff Represented By Jeremy H Rothstein
2:30 PM
Adv#: 9:19-01059
Duff et al v. Countrywide Financial Corporation et al Telephonic Hearing
RE: [1] Adversary case 9:19-ap-01059. Complaint by Charles L. Duff against Countrywide Financial Corporation, Countrywide Home Loans Inc, Countrywide Bank, NA, BANK OF AMERICA, THE BANK OF NEW YORK MELLON, FKA,
BAYVIEW LOAN SERVICING, LLC, NewRez LLC DBA Shellpoint Mortgage Servicing, LandSafe, Inc., LandSafe Appraisal, Inc. n/k/a CoreLogic, Inc.. (Charge To Estate). Complaint For: (1) Violations of Californias Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200 et seq.); (2) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1962(c)); (3) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C.
§ 1962(d)); (4) Unjust Enrichment; (5) Fraud; (6) Violations of the Fair Debt Collection Practices Act (15 U.S.C. §§ 1692 1692p) (7) Breach of Covenant of Good Faith and Fair Dealing; and (8) Promissory Estoppel Nature of Suit: (14 (Recovery of money/property - other)),(21 (Validity, priority or extent of lien or other interest in property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Rothstein, Jeremy)
FR. 1-7-20, 1-22-20, 2-18-20
Docket 1
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Defendant(s):
Countrywide Financial Corporation Represented By
E. Christine Hehir
2:30 PM
Payam Khodadadi
Countrywide Home Loans Inc Represented By
E. Christine Hehir Payam Khodadadi
Countrywide Bank, NA Represented By
E. Christine Hehir Payam Khodadadi
BANK OF AMERICA Represented By
E. Christine Hehir Payam Khodadadi
THE BANK OF NEW YORK Represented By Bradford Klein
BAYVIEW LOAN SERVICING, Represented By
Ian A Rambarran Elliot G Johnson
NewRez LLC DBA Shellpoint Represented By Bradford Klein
LandSafe, Inc. Represented By
E. Christine Hehir Payam Khodadadi
LandSafe Appraisal, Inc. n/k/a Represented By
E. Christine Hehir Payam Khodadadi
Plaintiff(s):
Cathryn A Duff Represented By Jeremy H Rothstein
Charles L. Duff Represented By Jeremy H Rothstein
11:30 AM
The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the court for permission. Simply contact CourtCall at (866) 582-6878.
Through April 30, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).
If you have an evidentiary hearing or trial scheduled, the court will contact you to discuss arrangements.
Docket 0
- NONE LISTED -
11:30 AM
RE: [11] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 NISSAN ALTIMA, VIN # 1N4AL3AP9FC474745 . (Vanlochem, Michael)
Docket 11
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Rodolfo Padilla Sanchez Represented By Raymond Perez
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
11:30 AM
Trustee(s):
Michael D Vanlochem
Jerry Namba (TR) Pro Se
11:30 AM
Docket 82
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Ramon Franco Represented By Andrew S Mansfield
Trustee(s):
Jeremy W. Faith (TR) Represented By Meghann A Triplett Noreen A Madoyan
11:30 AM
11:30 AM
RE: [75] Motion RE: Objection to Claim Number 6 by Claimant Franchise Tax Board. (Bryner, Candice)
FR. 10-10-19, 2-18-20
Docket 75
- NONE LISTED -
Debtor(s):
Rosario Perry Represented By Michael R Totaro
Candice Candice Bryner
Movant(s):
Rosario Perry Represented By Michael R Totaro
Candice Candice Bryner
11:30 AM
RE: [133] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III . (Fittipaldi, Brian)
Docket 133
- NONE LISTED -
Debtor(s):
Rosario Perry Represented By Michael R Totaro
Candice Candice Bryner
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
RE: [355] U.S. Trustee Motion to dismiss or convert NOTICE OF MOTION AND MOTION UNDER 11 U.S.C. § 1112(b) TO DISMISS OR CONVERT CASE; DECLARATION OF ALFRED COOPER III . (Fittipaldi, Brian)
Docket 355
- NONE LISTED -
Debtor(s):
Daniel M Brucker Represented By Ellen M. Cheney
Matthew D. Resnik Roksana D. Moradi-Brovia
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
RE: [290] U.S. Trustee Motion to dismiss or convert NOTICE OF MOTION AND MOTION UNDER 11 U.S.C. § 1112(b) TO DISMISS OR CONVERT CASE; DECLARATION OF ALFRED COOPER III . (Fittipaldi, Brian)
Docket 290
- NONE LISTED -
Debtor(s):
John Sperry Reynolds Represented By Andrew S Mansfield Ellen M. Cheney
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
RE: [183] U.S. Trustee Motion to dismiss or convert Notice Of Motion And Motion Under 11 U.S.C. § 1112(b) To Dismiss Or Convert Case; Declaration Of Alfred Cooper III . (Fittipaldi, Brian)
Docket 183
- NONE LISTED -
Debtor(s):
Leo Rito Sandoval Jr Represented By Matthew D Metzger
Amelia Puertas-Samara
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
RE: [130] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)
Docket 130
- NONE LISTED -
Debtor(s):
Nancy Lang Mickelberry Represented By Chris Gautschi
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
RE: [10] U.S. Trustee Motion to dismiss or convert case; Declaration of Maria D. Marquez with proof of service . (Fittipaldi, Brian)
FR. 3-3-20
Docket 10
- NONE LISTED -
Debtor(s):
AIS Construction Company Represented By William E. Winfield
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
FR. 3-3-20
Docket 1
- NONE LISTED -
Debtor(s):
AIS Construction Company Represented By William E. Winfield
11:30 AM
FR. 9-3-19, 10-29-19, 12-5-19
Docket 160
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Movant(s):
The Bank of New York Mellon FKA Represented By
Greg P Campbell
11:30 AM
FR. 12-18-19, 4-24-19, 6-12-19, 7-3-19, 9-3-19, 10-29-19, 12-5-19
Docket 1
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
11:30 AM
RE: [174] Amended Chapter 11 Plan (FIRST AMENDED), with Proof of Service 149 Chapter 11 Plan of Reorganization , with Proof of Service . (Moradi-Brovia, Roksana)
FR. 10-2-18, 11-13-18, 12-18-18, 1-15-19, 2-5-19,
FR. 3-11-19 (STATUS CONFERENCE/HOLDING DATE), FR. 5-14-19, 7-3-19, 9-26-19, 12-17-19, 3-3-20
Docket 174
The Debtor requests that this hearing be continued to a date in March 2020.
Debtor(s):
Jonathan David Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:30 AM
Docket 161
- NONE LISTED -
Debtor(s):
Salvador Uribe Represented By Bryan Diaz
Joint Debtor(s):
Edelia Pina Represented By
Bryan Diaz
Movant(s):
Salvador Uribe Represented By Bryan Diaz
11:30 AM
RE: [105] Chapter 11 Plan of Reorganization
Docket 105
The Plan does not appera to satisfy § 1129(a)(10) because no valid votes of an impaired class have been submitted to "accept" the Plan.
Debtor(s):
Golf View Lane Limited Partnership, Represented By
Joseph G. McCarty
M. Jonathan Hayes Robert M Yaspan
11:30 AM
FR. 7-3-19, 9-26-19, 12-17-19
Docket 1
Appearances required. The court will set deadlines at this status conference, as indicated at our last hearing.
Debtor(s):
Advanced Media Networks, LLC Represented By
Peter T Steinberg
11:30 AM
RE: [53] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2380 Live Oak Road, Paso Robles, CA 93446 . (Gomez, Michael)
Docket 53
The Movant's evidentiary objections are sustained. The Debtor’s declaration is not properly executed and authenticated because it lacks a holographic signature. The declaration lacks proper authentication under Fed. R. Evid. 901, 902; it further violates LBR 9011-1(a), requiring that all signatures be holographic signatures and Fed. R. Evid. 901, requiring proponents of evidence to satisfy the requirement of authenticating an item of evidence. The court will not consider the declaration.
Even if the court were to consider the declaration, the Debtor's testimony would not offer credible evidence to refute the evidence of cause for relief here.
Debtor(s):
Erich Lee Russell Represented By Kari L Ley
Movant(s):
Farm Credit West, FLCA Represented By Michael J Gomez Reed S Waddell Gerrick Warrington
11:30 AM
FR. 2-18-20
Docket 1
- NONE LISTED -
Debtor(s):
Erich Lee Russell Represented By Kari L Ley
11:30 AM
Adv#: 9:20-01012 Hamm II v. Namba
RE: [1] Adversary case 9:20-ap-01012. Complaint by Charles A Hamm II against Jerry Namba . Adversary Complaint to Determine Interest in Property (Federal Rule of Bankruptcy Procedure 7001(a) and (9)) (Fee Not Paid/Charge To Estate). Nature of Suit: (91 (Declaratory judgment)) (Rust, Kam).
Docket 1
- NONE LISTED -
Debtor(s):
Charles Ardeil Hamm II Pro Se
Defendant(s):
Jerry Namba Pro Se
Plaintiff(s):
Charles A Hamm II Pro Se
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Adv#: 9:20-01014 McBeth v. Mai
RE: [1] Adversary case 9:20-ap-01014. Complaint by Sandra K. McBeth against Rick Louis Mai. (Charge To Estate). (Attachments: # 1 Exhibit 1, Part 1 # 2 Exhibit 1, Part 2 # 3 Exhibit 1, Part 3 # 4 Adv. Proc. Cover Sheet) Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)) (Sholder, Joseph)
Docket 1
- NONE LISTED -
Debtor(s):
Julie Mai Represented By
Vaughn C Taus
Defendant(s):
Rick Louis Mai Represented By Matthew S Kennedy
Plaintiff(s):
Sandra K. McBeth Represented By Joseph M Sholder
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder
11:30 AM
Adv#: 9:20-01003 Namba, Chapter 7 Trustee v. Bentham IMF 1 LLC, a Delaware limited
RE: [1] Adversary case 9:20-ap-01003. Complaint by Jerry Namba, Chapter 7 Trustee against Bentham IMF 1 LLC, a Delaware limited liability company, Security Finance 1 LLC, a Delaware limited liability company. (Charge To Estate). Complaint for Declaratory Relief, and Avoidance and Recovery of Preferential Transfer Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(12 (Recovery of money/property - 547 preference)) (Tedford, John)
Docket 1
- NONE LISTED -
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Defendant(s):
Bentham IMF 1 LLC, a Delaware Represented By
Tobias S Keller Dara L Silveira
Security Finance 1 LLC, a Delaware Represented By
Tobias S Keller Dara L Silveira
Plaintiff(s):
Jerry Namba, Chapter 7 Trustee Represented By
John N Tedford IV
11:30 AM
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
Adv#: 9:20-01004 Namba, Chapter 7 Trustee v. The Cardinal Collection Educational
RE: [1] Adversary case 9:20-ap-01004. Complaint by Jerry Namba, Chapter 7 Trustee against The Cardinal Collection Educational Foundation, a California non-profit public benefit corporation, Martin Logies, an individual, John Skirtich, an individual. (Charge To Estate). Complaint for Declaratory Relief, Subordination of Claims, Avoidance and Recovery of Preferential Transfer, and Disallowance of Claim Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(81 (Subordination of claim or interest)),(12 (Recovery of money/property - 547 preference)) (Tedford, John)
Docket 1
- NONE LISTED -
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Defendant(s):
The Cardinal Collection Educational Represented By
Todd C. Ringstad
Martin Logies, an individual Represented By Todd C. Ringstad
John Skirtich, an individual Represented By Todd C. Ringstad
Plaintiff(s):
Jerry Namba, Chapter 7 Trustee Represented By
John N Tedford IV
11:30 AM
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
Adv#: 9:20-01005 Namba, Chapter 7 Trustee v. Levine, an individual
RE: [1] Adversary case 9:20-ap-01005. Complaint by Jerry Namba, Chapter 7 Trustee against Laurence H. Levine, an individual. (Charge To Estate).
Complaint for Declaratory Relief, Avoidance and Recovery of Preferential Transfer, Avoidance and Recovery of Fraudulent Transfer, and Disallowance of Claim Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Tedford, John)
Docket 1
- NONE LISTED -
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Defendant(s):
Laurence H. Levine, an individual Represented By
Michael A Sweet Keith C Owens
Plaintiff(s):
Jerry Namba, Chapter 7 Trustee Represented By
John N Tedford IV
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
Adv#: 9:19-01065 Faith, Chapter 7 Trustee v. Valerio Rivera
RE: [1] Adversary case 9:19-ap-01065. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Luis Emmanuel Valerio Rivera. (Charge To Estate). Complaint for: (1) Avoidance of Actual Fraudulent Transfers [11 U.S.C. § 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfers [11 U.S.C. § 548(a)(1)(B); (3) Recovery of Avoided Transfer [11 U.S.C. § 550]; and (4) Turnover [11 U.S.C. § 542] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)) (Madoyan, Noreen)
FR. 1-7-20
Docket 1
Plaintiff to file and serve motion for default judgment.
Debtor(s):
Virginia Rivera Represented By Andrew S Mansfield
Defendant(s):
Luis Emmanuel Valerio Rivera Represented By Christian J Younger
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Noreen A Madoyan
Trustee(s):
Jeremy W. Faith (TR) Represented By
11:30 AM
Noreen A Madoyan
11:30 AM
Adv#: 9:19-01037 McBeth v. Chavez
RE: [1] Adversary case 9:19-ap-01037. Complaint by Sandra K. McBeth against Javier Chavez. (Charge To Estate). Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Sholder, Joseph)
FR. 9-26-19, 12-17-19
Docket 1
- NONE LISTED -
Debtor(s):
Carolina Chavez Represented By Andrew S Mansfield
Defendant(s):
Javier Chavez Represented By Larry D Webb
Plaintiff(s):
Sandra K. McBeth Represented By Joseph M Sholder Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
Adv#: 9:19-01015 KELLY v. IVERSON et al
RE: [1] Adversary case 9:19-ap-01015. Complaint by Sandra K. McBeth against Cathy Iverson. (Charge To Estate). Notice of Removal of Lawsuit Pending in State Court to Bankruptcy Court Nature of Suit: (01 (Determination of removed claim or cause)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Simons, Larry)
FR. 6-12-19, 7-16-19, 10-15-19, 12-17-19
Docket 1
- NONE LISTED -
Debtor(s):
Charolette D.W. Iverson Represented By Jeremy Faith
Defendant(s):
CHAROLETTE IVERSON Pro Se
Cathy Iverson Represented By
Candice Candice Bryner Jeremy Faith
Plaintiff(s):
AEOLAN KELLY Represented By Diane Goldman
Trustee(s):
Sandra McBeth (TR) Represented By Larry D Simons
11:30 AM
Adv#: 9:19-01064 Faith, Chapter 7 Trustee v. Cimarusti
RE: [1] Adversary case 9:19-ap-01064. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Paul Cimarusti. (Charge To Estate). Complaint for: (1) Avoidance of Actual Fraudulent Transfer [11 U.S.C. § 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfer [11 U.S.C. § 548(a)(1)(B); (3) Recovery of Avoided Transfer [11 U.S.C. § 550]; (4) Turnover [11 U.S.C. § 542]; and (5) Declaratory Relief (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)) (Madoyan, Noreen)
FR. 1-7-20
Docket 1
The court will continue this matter to 3/24/20 at 11:30 a.m. Plaintiff to provide
notice. No appearances required.
Debtor(s):
Jeanne Mary Cimarusti Represented By David S Quintana
Defendant(s):
Paul Cimarusti Pro Se
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Noreen A Madoyan
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
Adv#: 9:20-01010 Namba v. Vazquez
RE: [1] Adversary case 9:20-ap-01010. Complaint by Jerry Namba against Miguel Vazquez. (Charge To Estate). COMPLAINT TO DETERMINE BANKRUPTCY ESTATES INTEREST IN REAL PROPERTY; FOR SALE OF REAL PROPERTY FREE AND CLEAR OF INTERESTS OF CO-OWNER
Nature of Suit: (91 (Declaratory judgment)),(31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Olmstead, Reed)
Docket 1
- NONE LISTED -
Debtor(s):
Aurea Chavez Navarrete Represented By Charles W Oaks
Defendant(s):
Miguel Vazquez Represented By Charles W Oaks
Plaintiff(s):
Jerry Namba Represented By
Reed H Olmstead
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
11:30 AM
Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [1] Adversary case 9:18-ap-01040. Complaint by The Official Committee of Unsecured Creditors against Gurpreet Sahani, Gurpreet Gurpreet Sahani as Trustee of The Green Acres Trust Dated May 10, 2017, Rajinder Sahani, Amarjit Sahani, Shaheen Sahani. Recovery, and Preservation of Preferential Transfers;
Avoidance, Recovery, and Preservation of Intentional Fraudulent Transfers;
Avoidance, Recovery, and Preservation of Constructive Fraudulent Transfers; (4) Breach of Fiduciary Duty; (5) Conversion/Misappropriation; (6) Civil Liability Under Penal Code § 496; (7) Unfair Business Practices (Business and
Professions Code § 17200); (8) Misappropriation of Trade Secrets; (9) Declaratory Relief; (10) Quiet Title; and (11) Turnover (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))(Haes, Chad)
FR. 10-24-18, 4-16-19, 6-12-19, 7-23-19
Docket 1
- NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Gurpreet Sahani Represented By Lewis R Landau
11:30 AM
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold
11:30 AM
Adv#: 9:18-01048 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [1] Adversary case 9:18-ap-01048. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against State of New Jersey Department of the Treasury, Taxation Division. Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance of Claims Held by Defendant [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)
FR. 11-28-18, 4-16-19, 6-12-19, 7-23-19
Docket 1
- NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
State of New Jersey Department of Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
D Edward Hays
11:30 AM
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold
11:30 AM
Adv#: 9:18-01049 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v. Los
RE: [1] Adversary case 9:18-ap-01049. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against Los Angeles County Treasurer and Tax Collector. Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance of Claims Held by Defendant [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)
FR. 11-28-18, 6-12-19, 7-23-19
Docket 1
- NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Los Angeles County Treasurer and Represented By
Jacquelyn H Choi
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
D Edward Hays
11:30 AM
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold
11:30 AM
Adv#: 9:18-01051 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [1] Adversary case 9:18-ap-01051. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against California Franchise Tax Board. Recovery, And Preservation Of Fraudulent Transfers [11
U.S.C. §§ 548, 550, and 551]; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551]; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance Of Claims Held by Defendant [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)
FR. 11-28-18, 7-23-19 AND
Status Hearing
RE: [22] Third-Party Complaint by California Franchise Tax Board against Jasmine Sahani, Gurmeet Sahani, Shaneen Sahani, Gurpreet Sahani, Rajinder Sahani, Amarjit Sahani For 1) Unjust Enrichment (Claims 1-6), 2) Constructive Trust (Claims 7-12), 3) Equitable Lien (Claims 13-18), and 4) Equitable
Indemnity (Claims 19-24).
FR. 1-30-19, 4-16-19, 6-12-19, 7-23-19
Docket 1
- NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
11:30 AM
Defendant(s):
California Franchise Tax Board Represented By John C Keith
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold
11:30 AM
Adv#: 9:18-01052 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [1] Adversary case 9:18-ap-01052. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against Department of the Treasury, Internal Revenue Service. Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551]; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance of Claims Held by Defendants [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)
FR. 11-28-18, 1-9-19, 4-16-19, 6-12-19, 7-23-19
Docket 1
- NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Department of the Treasury Pro Se
Internal Revenue Service Represented By Najah J Shariff
UNITED STATES OF AMERICA Represented By
Najah J Shariff
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
11:30 AM
Trustee(s):
Richard A Marshack Chad V Haes
D Edward Hays
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold
11:30 AM
Adv#: 9:19-01066 Itkin v. Organizacion Ideal S. de R.L. de C.V.
RE: [1] Adversary case 9:19-ap-01066. Complaint by Robbin L Itkin against Princess Mundo Imperial Hotel. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(12 (Recovery of money/property - 547 preference)) (Riley, David)
Docket 1
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Organizacion Ideal S. de R.L. de Pro Se
Plaintiff(s):
Robbin L Itkin Represented By David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01067 Itkin v. SMANA HOTEL AL RAFFA et al
RE: [1] Adversary case 9:19-ap-01067. Complaint by Robbin L Itkin against SMANA HOTEL AL RAFFA, RAJESH BAHETI. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)
Docket 1
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
SMANA HOTEL AL RAFFA Pro Se
RAJESH BAHETI Pro Se
Plaintiff(s):
Robbin L Itkin Represented By David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01068 Itkin v. Zen Co., Ltd
RE: [1] Adversary case 9:19-ap-01068. Complaint by Robbin L Itkin against Zen Co., Ltd. (Charge To Estate). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)
Docket 1
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Zen Co., Ltd Pro Se
Plaintiff(s):
Robbin L Itkin Represented By David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01069 Itkin v. ELO et al
RE: [1] Adversary case 9:19-ap-01069. Complaint by Robbin L Itkin against ELO, 3E EIGHT LLC, 3E ONE LLC, MIAMI SUPERCAR ROOMS, ELO
TRUSTEES LTD.. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)
Docket 1
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
ELO Pro Se
3E EIGHT LLC Pro Se
3E ONE LLC Pro Se
MIAMI SUPERCAR ROOMS Pro Se
ELO TRUSTEES LTD. Pro Se
Plaintiff(s):
Robbin L Itkin Represented By David M Riley
11:30 AM
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01070 Itkin v. Shigenaga et al
RE: [1] Adversary case 9:19-ap-01070. Complaint by Robbin L Itkin against Monica Shigenaga, COCOJOR HAWAII, LLC, JADOO, LLC. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
Docket 1
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Monica Shigenaga Pro Se
COCOJOR HAWAII, LLC Pro Se
JADOO, LLC Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg
11:30 AM
David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01071 Itkin v. Bhattachriya et al
RE: [1] Adversary case 9:19-ap-01071. Complaint by Robbin L Itkin against Sumanta Bhattachriya, Bikram Hotyoga Co. Ltd.. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
Docket 1
NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Sumanta Bhattachriya Pro Se
Bikram Hotyoga Co. Ltd. Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
11:30 AM
Adv#: 9:19-01072 Itkin v. Choudhury et al
RE: [1] Adversary case 9:19-ap-01072. Complaint by Robbin L Itkin against Lajwanti Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit
8-9 # 9 Exhibit 10) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
Docket 1
NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Lajwanti Choudhury Pro Se
Anurag Choudhury Pro Se
Rajashree Choudhury Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By
11:30 AM
Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01073 Itkin v. Choudhury
RE: [1] Adversary case 9:19-ap-01073. Complaint by Robbin L Itkin against Anurag Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit
8-10) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
Docket 1
NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Anurag Choudhury Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01074 Itkin v. Choudhury et al
RE: [1] Adversary case 9:19-ap-01074. Complaint by Robbin L Itkin against Rajashree Choudhury, The Rajashree Choudhury Family Trust Dated March 1, 2016. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3
# 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
Docket 1
NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Rajashree Choudhury Pro Se
The Rajashree Choudhury Family Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg
11:30 AM
David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01075 Itkin v. Choudhury
RE: [1] Adversary case 9:19-ap-01075. Complaint by Robbin L Itkin against Bikram Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8
# 9 Exhibit 9 # 10 Exhibit 10 # 11 Exhibit 11 # 12 Exhibit 12 # 13 Exhibit 13 # 14 Exhibit 14 # 15 Exhibit 15) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
Docket 1
NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Bikram Choudhury Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley
11:30 AM
Robbin L. Itkin
11:00 AM
Adv#: 9:18-01052 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [1] Adversary case 9:18-ap-01052. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against Department of the Treasury, Internal Revenue Service. Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551]; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance of Claims Held by Defendants [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)
FR. 11-28-18, 1-9-19, 4-16-19, 6-12-19, 7-23-19
Docket 1
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Department of the Treasury Pro Se
Internal Revenue Service Represented By Najah J Shariff
UNITED STATES OF AMERICA Represented By
Najah J Shariff
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack
11:00 AM
Trustee(s):
Chad V Haes
Sandra McBeth (TR) Represented By Timothy J Yoo
11:00 AM
Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [1] Adversary case 9:18-ap-01040. Complaint by The Official Committee of Unsecured Creditors against Gurpreet Sahani, Gurpreet Gurpreet Sahani as Trustee of The Green Acres Trust Dated May 10, 2017, Rajinder Sahani, Amarjit Sahani, Shaheen Sahani. Recovery, and Preservation of Preferential Transfers;
Avoidance, Recovery, and Preservation of Intentional Fraudulent Transfers;
Avoidance, Recovery, and Preservation of Constructive Fraudulent Transfers; (4) Breach of Fiduciary Duty; (5) Conversion/Misappropriation; (6) Civil Liability Under Penal Code § 496; (7) Unfair Business Practices (Business and
Professions Code § 17200); (8) Misappropriation of Trade Secrets; (9) Declaratory Relief; (10) Quiet Title; and (11) Turnover (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))(Haes, Chad)
FR. 10-24-18, 4-16-19, 6-12-19, 7-23-19
Docket 1
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
11:00 AM
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo
11:00 AM
Adv#: 9:18-01048 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [1] Adversary case 9:18-ap-01048. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against State of New Jersey Department of the Treasury, Taxation Division. Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance of Claims Held by Defendant [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)
FR. 11-28-18, 4-16-19, 6-12-19, 7-23-19
Docket 1
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
State of New Jersey Department of Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo
11:00 AM
Adv#: 9:18-01051 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [1] Adversary case 9:18-ap-01051. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against California Franchise Tax Board. Recovery, And Preservation Of Fraudulent Transfers [11
U.S.C. §§ 548, 550, and 551]; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551]; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance Of Claims Held by Defendant [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)
FR. 11-28-18, 7-23-19 AND
Status Hearing
RE: [22] Third-Party Complaint by California Franchise Tax Board against Jasmine Sahani, Gurmeet Sahani, Shaneen Sahani, Gurpreet Sahani, Rajinder Sahani, Amarjit Sahani For 1) Unjust Enrichment (Claims 1-6), 2) Constructive Trust (Claims 7-12), 3) Equitable Lien (Claims 13-18), and 4) Equitable
Indemnity (Claims 19-24).
FR. 1-30-19, 4-16-19, 6-12-19, 7-23-19
Docket 1
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
California Franchise Tax Board Represented By John C Keith
11:00 AM
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo
11:00 AM
Adv#: 9:18-01049 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v. Los
RE: [1] Adversary case 9:18-ap-01049. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against Los Angeles County Treasurer and Tax Collector. Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance of Claims Held by Defendant [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)
FR. 11-28-18, 6-12-19, 7-23-19
Docket 1
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Los Angeles County Treasurer and Represented By
Jacquelyn H Choi
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
Trustee(s):
Sandra McBeth (TR) Represented By
11:00 AM
Timothy J Yoo
11:00 AM
1-28-20,2-25-20
Docket 13
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
The Debtor has requested that the court enter a Final Cash Collateral Order. No timely objections have been filed.
The court finds that the Debtor has demonstrated cause for the requested relief, and that no hearing is necessary. The court will grant the motion and vacate the hearing set for March 26, 2020. There will be no apperances.
Please lodge an order consistent with the relief requested in the motion.
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong
11:00 AM
11:00 AM
#0.00 To mitigate the spread of the COVID-19 virus, all hearings before Judge Saltzman will be telephonic until further notice.
The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the court for permission. Simply contact CourtCall at (866) 582-6878.
Through April 30, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).
If you have an evidentiary hearing or trial scheduled, the court will contact you to discuss arrangements.
Docket 0
11:00 AM
Adv#: 1:20-01018 Imagecraft Productions, Inc. v. Hollywood Center Stages, Inc. et al
Docket 1
Debtor(s):
Studio Production Center, Inc. Represented By Mark E Brenner Mark E Brenner
Defendant(s):
Studio Production Center, Inc. Pro Se
Ridge L Conlan Represented By David Brian Lally
Hollywood Center Stages, Inc. Pro Se
Plaintiff(s):
Imagecraft Productions, Inc. Represented By Dean G Rallis Jr Matthew D Pham
11:00 AM
Adv#: 1:20-01013 Beacon Sales Acquisition, Inc. d/b/a AMS and Allie v. Martinasso
Docket 1
Debtor(s):
Enrique Oscar Rollandi Martinasso Represented By
Onyinye N Anyama
Defendant(s):
Enrique Martinasso Represented By Onyinye N Anyama
Plaintiff(s):
Beacon Sales Acquisition, Inc. d/b/a Represented By
Ronald Clifford
11:00 AM
Docket 29
Debtor(s):
Michael John Bostic Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Movant(s):
Michael John Bostic Represented By Matthew D. Resnik Matthew D. Resnik
Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia
2:00 PM
#0.00 To mitigate the spread of the COVID-19 virus, all hearings before Judge Saltzman will be telephonic until further notice.
The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the court for permission. Simply contact CourtCall at (866) 582-6878.
Through April 30, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).
If you have an evidentiary hearing or trial scheduled, the court will contact you to discuss arrangements.
Docket 0
2:00 PM
Docket 344
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
11:30 AM
The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the court for permission. Simply contact CourtCall at (866) 582-6878.
Through April 30, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).
If you have an evidentiary hearing or trial scheduled, the court will contact you to discuss arrangements.
Docket 0
NONE LISTED -
11:30 AM
RE: [52] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 119 Encino Place, Camarillo, California 93010 with Proof of Service. (Jereza, Raymond)
FR. 3-3-20
Docket 52
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
As to Debtors:
DENY as moot; discharge was entered on 7/23/19.
As to Estate:
GRANT under 11 U.S.C. § 362(d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
BY VIRTUE OF THE ENTRY OF THIS ORDER, THE BORROWER'S(S') BANKRUPTCY PROCEEDINGS HAVE BEEN FINALIZED WITH REGARD TO THE SUBJECT PROPERTY WITHIN THE MEANING OF CALIFORNIA
11:30 AM
CIVIL CODE SECTION 2923.5(h)(3).
Debtor(s):
John T Gaiser Represented By
William C Beall
Movant(s):
U.S. Bank, National Association as Represented By
Raymond Jereza
Trustee(s):
Jerry Namba (TR) Represented By Kristine A Thagard D Edward Hays
11:30 AM
RE: [11] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Honda Civic, VIN: 2HGF C2F7 XJH5 99988 .
Docket 11
NONE LISTED -
Debtor(s):
Nancy Perez Figueroa Represented By John K Rounds
Movant(s):
Honda Lease Trust Represented By Vincent V Frounjian
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 22
The court has reviewed the Motion, the reaffirmation agreement at issue (the "Agreement"), and the record in this case. No cause has been shown for the requested relief, and the court can discern no basis for reconsideration. While the Debtor appeared pro se on the Agreement, which was not certified by his counsel, he is represented by counsel on the Motion. The discussion below is intended to explain to the Debtor the reasons for denial of this Motion.
The Motion states that it is made alternatively under FRBP 9023 and 9024, but it makes no effort to explain how either rule, or the rules applicable through those rules, FRCP 59 and 60, applies here. There is no stated basis for relief under either rule, which is reason alone for denial of the Motion.
Nevertheless, the court will analyze the Motion and assess whether there is any basis for relief.
A motion for reconsideration under Rule 59 is an extraordinary remedy that is used sparingly. Absent highly unusual circumstances, a motion for reconsideration of a judgment will not be granted except on one or more of the following grounds: (1) to correct a manifest error of law or fact on which the judgment is based; (2) to allow the movant to present newly discovered or previously unavailable evidence; (3) to prevent manifest injustice; or (4) to address an intervening change in controlling law. McDowell v. Calderon, 197 F.3d 1253, 1255 (9th Cir. 1999). It is the moving party’s burden to show what new or different facts and circumstances are claimed to exist which did not exist, or were not shown, upon the prior application. In addition, a Rule 59(e) motion may not be used to raise arguments or present evidence for the first time when they could reasonably have been raised earlier in the litigation.
Kona Enterprises, Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir.2000). Rule 60(b) “provides for reconsideration only upon a showing of (1) mistake,
11:30 AM
surprise, or excusable neglect; (2) newly discovered evidence; (3) fraud; (4) a void judgment; (5) a satisfied or discharged judgment; or (6) ‘extraordinary circumstances' which would justify relief.” Fuller v. M.G. Jewelry, 950 F.2d 1437, 1442 (9th Cir. 1991).
As noted above, the Debtor fails to explain the basis under which he purports to proceed under either rule, and the court should not have to speculate. The Debtor makes no argument that the court made an error. The Debtor’s desire to improve his credit and keep the Truck were expressed at the hearing, so there has been no change.
The Motion implies that the Debtor’s financial condition has changed but fails to explain when these changes occurred relative to his statements on the cover of the Agreement. Moreover, the claims of improved financial condition are not credible. The Debtor asserts that he has reduced his personal expenses by $4,225 per month by having his new LLC make the payments. But regardless of the creation of a new LLC, the Debtor admits that he is “essentially self-employed.” That being the case, saying that the LLC is paying these expenses instead of the Debtor is just a shell game. Likewise for increased income. The Debtor now claims income of $7,300 per month ($2,684 per month more than as of the petition date – an increase of nearly 60%). If the Debtor is self-employed, the creation of an LLC does not explain how the LLC can suddenly cover $4,225 per month in expenses the Debtor was previously paying and pay the Debtor nearly 60% more than it (or a prior entity) was paying him both on the petition date and on the date the Debtor signed the Agreeement. The Debtor has offered no evidence to explain how an LLC of an “essentially self-employed” person suddenly can afford $7,000 per month in new expenses. He testifies that he has “increased the monthly income [he] receive[s],” without elaboration. All the Debtor says in his declaration is that business is “promising.”
The Debtor also has removed certain expenses in an exhibit to the Motion, including $100 for property/renter’s insurance, $500 for health insurance, and
$75 for umbrella insurance. His ability to eliminate these expenses is not explained -- nor would these changes be adequate to justify reconsideration.
The Debtor’s testimony regarding what he was told by “GMAC” is largely
11:30 AM
hearsay. Even if it weren’t, GM Financial’s policy regarding debts for which the court did not approve a reaffirmation agreement provides no basis for reconsideration of the court’s conclusion that approval of the agreement would present an undue hardship and is not in the Debtor’s best interest.
The Debtor’s desire to reestablish good credit does not mitigate the presumption of undue hardship or a finding that approval of the Agreement is not in the Debtor’s best interest. This is just as true on reconsideration as it was when the Debtor made this argument at the original hearing.
The court understands the Debtor’s desire to avoid the effect of disapproval of the Agreement, but there is simply no proper basis for reconsideration of the court’s order. The record before the court now, as then, can only support a conclusion that the Agreement is an undue hardship under the Bankruptcy Code and is not in the Debtor's best interest.
Debtor(s):
James B. Rickard III Represented By William C Beall
Movant(s):
James B. Rickard III Represented By William C Beall William C Beall William C Beall
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [184] Verified Application for Payment of Administrative Claim by Court- Approved Stalking Horse Bidder, GJD Holdings, LLC
FR. 2-11-19, 4-15-19, 7-16-19, 2-5-20
Docket 184
NONE LISTED -
Debtor(s):
Off The Grid, LLC Represented By Shaune B Arnold Lewis R Landau Tal C. Finney
Joint Debtor(s):
Centrally Grown Holdings, LLC Represented By
Lewis R Landau
Red Mountain Farms, LLC Represented By Lewis R Landau
Movant(s):
GJD Holdings LLC Represented By Ali M Mojdehi Janet D Gertz
Trustee(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
11:30 AM
RE: [68] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)
FR. 3-3-20
Docket 68
NONE LISTED -
Debtor(s):
Jorge Velazquez Represented By Reed H Olmstead
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
Docket 291
The front page of the Motion, a court-approved form, references LBR 3022-1, which states:
"If a chapter 11 estate is substantially consummated, but not fully administered, the reorganized debtor or chapter 11 trustee may file a motion for an order closing case on an interim basis using the procedure of LBR 9013-1(d) or (o)."
LBR 3022-1(b) (emphasis supplied). Section 1101(2) defines "substantial consummation" and Federal Rule 3022 states that once a chapter 11 estate is fully administered, "the court . . . shall enter a final decree closing the case." See Fed. R. Bankr. P. 3022; § 1101(2) (emphasis supplied). Section 350(a) states that after an estate is fully administered and the trustee is discharged, "the court shall close the case." § 350(a). (emphasis supplied).
The Williams opposition to this form motion to close the case on an interim basis -- which is not opposed by the U.S. Trustee -- is truly bizarre and is ultimately without merit.
Williams makes four arguments for why this case should not be closed on an interim basis: (1) no authority cited in the Motion; (2) closing the case is premature because there are two pending appeals; (3) the Debtor’s performance under the confirmed plan requires U.S. Trustee supervision (this argument was later withdrawn); and (4) the Debtor does not state that closing the case is in the best interests of the estate and creditors. Opp. at 1:23-2:24,
11:30 AM
Docket No. 293.
First, Williams argues: "The Motion cites to 11 U.S.C. § 1101(2) and Bankruptcy Rule 3022 but does not cite to any authority supporting the closing of a chapter 11 case on an interim basis." Opp. at 1:23-24. This is a form motion, so for Williams to prevail, either (1) the court-approved form is deficient or (2) LBR 3022-1(b) is invalid. The local rules forms reference the applicable local rule in the bottom righthand corner, here: "F
3022-1.1.MOTION.CLOSE.CH11.CASE." See, e.g., Motion at 1. LBR
3022-1(b) explicitly permits the court to close a chapter 11 case on an interim basis when the case is not fully administered.
Williams is right about something -- the body of the Motion does not reference authority to close the case on an interim basis -- but that doesn't matter.
Paragraph 3(b) of the Motion’s form states:
"Motion for Entry of an Order Closing the Case on an Interim Basis: Movant requests the entry of an order closing this bankruptcy case on an interim basis. Though the chapter 11 plan has been substantially consummated, the bankruptcy case cannot be fully administered at this time. At a later time, a motion to reopen the bankruptcy case will be filed so that a motion for entry of discharge (or other motion or contested matter) may be filed and resolved."
Motion at 3, ¶3(b); see also LBR Form,
F3022-1.1.MOTION.CLOSE.CH11.CASE (Bankr. C.D. Cal. June 2015). This
language is similar to the operative language of LBR 3022-1(b), and since the LBR form begins with reference to LBR "3022-1," it is obvious that LBR
3022-1 is the authority for the relief requested to close the case on an interim basis. Counsel for Williams, who has represented chapter 11 debtors in the Central District of California for many years, cannot seriously be contending that the court-approved form -- which is similar to all of the other forms used in this district -- is deficient. And Williams does not reference LBR 3022-1 in his opposition, so it does not appear that Williams contends that the Local
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Bankruptcy Rule itself is deficient in some way.
Second, Williams argues that closing this case is "premature because there are two pending appeals before the BAP." Opp. at 2:6-7. Thus, Williams states, the "case should not, and cannot, be closed until the [a]ppeals are concluded." Id. at 2:11-12.
Williams ignores LBR 3022-1(b), which states that if a case is not fully administered, then it can be closed on an interim basis. Williams may believe that it is premature to close the case because the pending appeals prevent the case from being fully administered, but the local rule provides otherwise, and Williams offers no analysis of why closing on an interim basis should not happen as provided for in LBR 3022-1(b).
Third, Williams argues that the case should not be closed because the Debtor’s plan performance requires the U.S. Trustee’s continued supervision for two reasons. On 3/31/20, after the reply was filed, Williams asked the court to strike the paragraph containing this argument from the opposition.
See Docket No. 296. The court will not go into detail regarding this argument but notes that even if Williams pursued it, the argument would fail.
Fourth and finally, Williams states: "the Motion has not explained why the interim closing of [the] Debtor’s bankruptcy estate is in the best interests of the bankruptcy estate or its creditors." Opp. at 2:22-23. There is no argument or legal citation to support the contention that the court must inquire into the best interests of the creditors or the estate before closing the case.
The benefit to the estate, though, seems obvious—no quarterly fees, decreasing the costs to the estate of administration.
The Local Bankruptcy Rules of this court allow for the relief requested in the
11:30 AM
Motion. LBR 3022-1(b); Fed. R. Bankr. P. 9029(b) ("A judge may regulate practice in any manner consistent with federal law, these rules, Official Forms, and local rules of the district."). The court finds that cause has been shown for the requested relief and overrules the Williams objection.
Unless the U.S. Trustee presents a compelling reason at the hearing to deny the Motion, grant.
Debtor(s):
iE, Inc Represented By
Andrew Goodman
Movant(s):
iE, Inc Represented By
Andrew Goodman Andrew Goodman
11:30 AM
FR. 4-8-20
Docket 0
NONE LISTED -
Debtor(s):
Maurice Leo Wedell Represented By Vaughn C Taus
Joint Debtor(s):
Susan Elizabeth Wedell Represented By Vaughn C Taus
11:30 AM
Adv#: 9:19-01026 Pastora v. Rosenthal
FR. 8-14-19, 10-29-19, 2-4-20
Docket 14
NONE LISTED -
Debtor(s):
Rochelle S. Rosenthal Represented By Reed H Olmstead
Defendant(s):
Rochelle S. Rosenthal Represented By Reed H Olmstead
Plaintiff(s):
Eva Pastora Represented By
William E. Winfield
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:19-01046 Kapitus Servicing, Inc., formerly known as Colonia v. McMahon et al
RE: [1] Adversary case 9:19-ap-01046. Complaint by Kapitus Servicing, Inc., formerly known as Colonial Funding Network, Inc., as servicing agent for Cashio against Kenneth L. McMahon, Jacqueline Lee McMahon. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Harvey, Brian)
FR: 10-29-19, 2-4-20
Docket 1
NONE LISTED -
Debtor(s):
Kenneth L. McMahon Represented By Andrew S Mansfield
Defendant(s):
Kenneth L. McMahon Represented By Christina Vanarelli
Jacqueline Lee McMahon Represented By Christina Vanarelli
Joint Debtor(s):
Jacqueline Lee McMahon Represented By Andrew S Mansfield
Plaintiff(s):
Kapitus Servicing, Inc., formerly Represented By
Brian T Harvey
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:19-01052 Colebrook et al v. Bowen Gardner et al
FR. 11-19-19, 12-5-19, 2-18-20
Docket 9
NONE LISTED -
Debtor(s):
Andrea Bowen-Gardner Represented By Reed H Olmstead
Defendant(s):
Andrea Bowen Gardner Pro Se
Philip Gardner Pro Se
Joint Debtor(s):
Philip Gardner Represented By Reed H Olmstead
Plaintiff(s):
Teena Colebrook Pro Se
Colleen Craig Pro Se
Kevin Rock Pro Se
11:30 AM
Richard Viar Pro Se
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Reaffirmation Hearing Date Set
RE: [38] Pro se Reaffirmation Agreement Between Debtor and Capital One Auto Finance, a division of Capital One, N.A.
FR. 3-11-20
Docket 38
NONE LISTED -
Debtor(s):
Pedro Antonio Turcios Represented By Carissa N Horowitz
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 17
NONE LISTED -
Debtor(s):
Ashley A. Pickard Represented By Michael B Clayton
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 11
NONE LISTED -
Debtor(s):
Deon Flores Represented By
Linda S Blonsley
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [9] Reaffirmation Agreement Between Debtor and BMW Bank of North America
Docket 9
NONE LISTED -
Debtor(s):
Rosario Tobon Represented By Todd J Mannis
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 10
NONE LISTED -
Debtor(s):
Keith Kottenbach Pro Se
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 15
NONE LISTED -
Debtor(s):
Amanda R Massey Represented By Michael B Clayton
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 10
NONE LISTED -
Debtor(s):
Guy M Dee Represented By
David R Hagen
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 11
NONE LISTED -
Debtor(s):
Brian Douglas Gilbert Represented By William E. Winfield
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 19
NONE LISTED -
Debtor(s):
Brian Douglas Gilbert Represented By William E. Winfield
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 16
NONE LISTED -
Debtor(s):
Randy Real Moyes Represented By
R Grace Rodriguez
Joint Debtor(s):
Deanna Moyes Represented By
R Grace Rodriguez
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 17
NONE LISTED -
Debtor(s):
Arnulfo Cordero Cuento Represented By Rob R Nichols
Joint Debtor(s):
Kashmira Yasmin Palayad Cuento Represented By
Rob R Nichols
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 7
NONE LISTED -
Debtor(s):
Celiflora Orduna Mendez Represented By Michael B Clayton
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 9
NONE LISTED -
Debtor(s):
Donald Jeffrey Zimmerman Pro Se
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 7
NONE LISTED -
Debtor(s):
Michael Stewart Cobb Represented By Karen L Grant
Trustee(s):
Jeremy W. Faith (TR) Pro Se
10:00 AM
Docket 1
Debtor(s):
Maurice Leo Wedell Represented By Vaughn C Taus
Joint Debtor(s):
Susan Elizabeth Wedell Represented By Vaughn C Taus
11:30 AM
The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the court for permission. Simply contact CourtCall at (866) 582-6878.
Through April 30, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).
If you have an evidentiary hearing or trial scheduled, the court will contact you to discuss arrangements.
Docket 0
11:30 AM
Docket 7
Debtor(s):
Nathan Wells Represented By Vaughn C Taus
Movant(s):
American Honda Finance Represented By Vincent V Frounjian
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 8
Debtor(s):
Clayton Dow Hunt Represented By Reed H Olmstead
Joint Debtor(s):
Autumn Sweetsage Hunt Represented By Reed H Olmstead
Movant(s):
BANK OF THE WEST Represented By
Mary Ellmann Tang
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [50] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Wages owed, damages, penalties and interest for labor violations . (Rice, Cynthia)
FR. 3-11-20
Docket 50
Debtor(s):
La Cuesta Farming Co., Inc. Represented By Jerry Namba
Movant(s):
Juana Velasco-Torres Represented By Cynthia Rice
Cecilia Guevara Zamora
Gabriela Rendon-Vasquez Represented By Cynthia Rice
Cecilia Guevara Zamora
Cesar Jimenez-Mendoza Represented By Cynthia Rice
Cecilia Guevara Zamora
Benito Perez-Reyes Represented By Cynthia Rice
Cecilia Guevara Zamora
Luis Morales-Garcia Represented By Cynthia Rice
Cecilia Guevara Zamora
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
RE: [51] Motion and Notice of Motion for Leave to File Class Proof of Claim (Rice, Cynthia)
FR. 3-11-20
Docket 51
Debtor(s):
La Cuesta Farming Co., Inc. Represented By Jerry Namba
Movant(s):
Juana Velasco-Torres Represented By Cynthia Rice
Cecilia Guevara Zamora
Gabriela Rendon-Vasquez Represented By Cynthia Rice
Cecilia Guevara Zamora
Cesar Jimenez-Mendoza Represented By Cynthia Rice
Cecilia Guevara Zamora
Benito Perez-Reyes Represented By Cynthia Rice
Cecilia Guevara Zamora
Luis Morales-Garcia Represented By Cynthia Rice
Cecilia Guevara Zamora
Trustee(s):
Jeremy W. Faith (TR) Represented By
11:30 AM
Noreen A Madoyan
11:30 AM
RE: [29] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Wages owed, damages, penalties and interest for labor violations . (Rice, Cynthia)
FR. 3-16-20
Docket 29
Debtor(s):
Higuera Farms, Inc. Represented By Jerry Namba
Movant(s):
Juana Velasco-Torres Represented By Cynthia Rice
Cecilia Guevara Zamora
Gabriela Rendon-Vasquez Represented By Cynthia Rice
Cecilia Guevara Zamora
Cesar Jimenez-Mendoza Represented By Cynthia Rice
Cecilia Guevara Zamora
Benito Perez-Reyes Represented By Cynthia Rice
Cecilia Guevara Zamora
Luis Morales-Garcia Represented By Cynthia Rice
Cecilia Guevara Zamora
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
RE: [30] Motion and Notice of Motion for Leave to File Class Proof of Claim (Rice, Cynthia)
FR. 3-16-20
Docket 30
Debtor(s):
Higuera Farms, Inc. Represented By Jerry Namba
Movant(s):
Juana Velasco-Torres Represented By Cynthia Rice
Cecilia Guevara Zamora
Gabriela Rendon-Vasquez Represented By Cynthia Rice
Cecilia Guevara Zamora
Cesar Jimenez-Mendoza Represented By Cynthia Rice
Cecilia Guevara Zamora
Benito Perez-Reyes Represented By Cynthia Rice
Cecilia Guevara Zamora
Luis Morales-Garcia Represented By Cynthia Rice
Cecilia Guevara Zamora
Trustee(s):
Jeremy W. Faith (TR) Represented By
11:30 AM
Noreen A Madoyan
11:30 AM
Docket 124
Debtor(s):
Jon Christian Freed Tull Represented By Reed H Olmstead
Movant(s):
Jon Christian Freed Tull Represented By Reed H Olmstead Reed H Olmstead
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 193
Debtor(s):
Farshad Fasihi Harandi Represented By David A Tilem
Movant(s):
FreedomRoad Financial Represented By
Randall P Mroczynski
11:30 AM
Adv#: 9:19-01027 Faith, Chapter 7 Trustee v. CAPITAL ONE, N.A.
RE: [1] Adversary case 9:19-ap-01027. Complaint by Jeremy W. Faith, Chapter 7 Trustee against CAPITAL ONE, N.A.. (Charge To Estate). Complaint for: (1) Avoidance of Fraudulent Transfers [11 U.S.C. § 544, 548(a)(1)(A); Cal. Civ.
Code § 3439.04]; (2) Avoidance of Fraudulent Transfers [11 U.S.C. § 544, 548(a)(1)(B); Cal. Civ. Code § 3439.05,]; (3) Avoidance of Postpetition Transfers [11 U.S.C. §549]; and (4) Recovery of Avoided Transfers [11 U.S.C. § 550] and
(5) Preservation of Avoided Transfers [11 U.S.C. § 551] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Triplett, Meghann)
FR. 1-7-20, 3-9-20
Docket 1
Debtor(s):
Burnett Family Farms, LLC Represented By Louis J Esbin
Defendant(s):
CAPITAL ONE, N.A. Represented By Amanda Koziol
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Meghann A Triplett
Trustee(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Meghann A Triplett
11:30 AM
Jeremy W. Faith (TR) Represented By Meghann A Triplett
11:30 AM
Adv#: 9:20-01002 McBeth,Chapter 7 Trustee v. Limon
RE: [1] Adversary case 9:20-ap-01002. Complaint by Sandra K McBeth,Chapter 7 Trustee against Lori Limon. (Charge To Estate). Complaint for: (1) Avoidance of Preferential Transfers [11 U.S.C. § 547]; (2) Recovery of Avoided Transfers [11 U.S.C. § 550]; and (3) Disallowance of Claims [11 U.S.C. §502] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other)) (Triplett, Meghann)
FR. 3-9-20
Docket 1
Debtor(s):
Mark Steven Limon Represented By John Sullivan
Defendant(s):
Lori Limon Pro Se
Plaintiff(s):
Sandra K McBeth,Chapter 7 Trustee Represented By
Meghann A Triplett
Trustee(s):
Sandra McBeth (TR) Represented By Meghann A Triplett
11:30 AM
Adv#: 9:20-01015 Atkinson v. Luster et al
RE: [1] Adversary case 9:20-ap-01015. Complaint by Dora Atkinson against Joshua Michael Luster, Katherine Michelle Luster, Luster Construction, Hudson Insurance Company, Gary Luster, and DOES 1-10. willful and malicious injury)),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Kwasigroch, Michael) Modified on 2/10/2020 (Handy, Brad).
Docket 1
Debtor(s):
Joshua Michael Luster Represented By John D Faucher
Defendant(s):
Joshua Michael Luster Represented By John D Faucher
Katherine Michelle Luster Represented By John D Faucher
Hudson Insurance Company Pro Se
Gary Luster Pro Se
Luster Construction Services Corp. Pro Se DOES 1-10 Pro Se
Joint Debtor(s):
Katherine Michelle Luster Represented By John D Faucher
11:30 AM
Plaintiff(s):
Dora Atkinson Represented By
Michael D Kwasigroch
Trustee(s):
Jeremy W. Faith (TR) Pro Se
1:30 PM
Adv#: 2:19-01519 3600 Ashe, LLC v. Koop
fr.2-26-20
Docket 1
NONE LISTED -
Debtor(s):
3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham
Defendant(s):
Ron Koop Pro Se
Plaintiff(s):
3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham
11:00 AM
Docket 368
We will address matters 2 and 3 first. Once the settlements are approved, it doesn't appear that there are any pending objections to confirmation. Unless new developents arise, the court is in a position to enter an order confirming the plan. Please consult your schedules for a date for a post-confirmation status report and status conference.
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
11:00 AM
Docket 416
The proposed compromise appears fair and reasonable and in the best interest of the estate. Grant.
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
11:00 AM
Docket 421
When can the parties file a signed document?
Please be aware that the General Order regarding emergency procedures in light of the COVID-19 pandemic does not do away with the signature requirement of the Local Bankruptcy Rules. If there are extraordinary circumstances preventing the parties from obtaining signatures, please be prepared to describe them at the hearing so the court will be in a position to approve the agreement and set up a schedule for filing signatures.
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
11:00 AM
Docket 101
NONE LISTED -
Debtor(s):
NSK Group, Inc. Represented By Kateryna Bilenka
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the court for permission. Simply contact CourtCall at (866) 582-6878.
Through April 30, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).
If you have an evidentiary hearing or trial scheduled, the court will contact you to discuss arrangements.
Docket 0
NONE LISTED -
10:30 AM
RE: [69] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 Chevrolet Silverado 1500 Regular Cab Work Truck Pickup 2D 8 ft . (Skigin, Cheryl)
Docket 69
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay. GRANT termination of the co-debtor stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Marco Antonio Melchor Represented By Faith A Ford
10:30 AM
Movant(s):
Capital One Auto Finance, a division Represented By
Cheryl A Skigin
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [71] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 13973 Christian Barrett Drive, Moorpark, CA 93021-2816 . (Jafarnia, Merdaud)
FR. 3-11-20
Docket 71
NONE LISTED -
Debtor(s):
Laurie Ann Jabbour Represented By James Studer
Movant(s):
JPMorgan Chase Bank, National Represented By
Nancy L Lee Merdaud Jafarnia
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [36] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 4590 WOODMERE RD, Santa Maria, California, 93455 UNDER 11 U.S.C. § 362. (Exnowski, Dane)
Docket 36
NONE LISTED -
Debtor(s):
Sandra M. Royster Represented By
Rabin J Pournazarian
Movant(s):
Freedom Mortgage Corporation Represented By
Dane W Exnowski Michelle Hart Ippoliti
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [71] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1340 KUMQUAT PLACE, OXNARD, CA 93036 . (Ferry, Sean)
FR. 1-29-20, 3-11-20
Docket 71
NONE LISTED -
Debtor(s):
Araceli Contreras Represented By Matthew D. Resnik
Joint Debtor(s):
Alejandro Contreras Represented By Matthew D. Resnik Matthew D. Resnik
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Sean C Ferry Eric P Enciso
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [53] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 4052 Capella Street, Lompoc, CA 93436 . (Lee, Nancy)
Docket 53
NONE LISTED -
Debtor(s):
Chad W. Myers Represented By Matthew D. Resnik
Movant(s):
Wells Fargo Bank NA Represented By Tavon Taylor Nancy L Lee
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [36] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3452 Rucker Rd, Lompoc, California 93436 with Proof of Service. (Jereza, Raymond)
Docket 36
NONE LISTED -
Debtor(s):
Ernest Joe Terrones Represented By Nicholas M Wajda
Movant(s):
Wells Fargo Bank, N.A. Represented By Raymond Jereza
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the court for permission. Simply contact CourtCall at (866) 582-6878.
Through April 30, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).
If you have an evidentiary hearing or trial scheduled, the court will contact you to discuss arrangements.
Docket 0
NONE LISTED -
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Frank Joseph Heller Represented By Eric Ridley
Joint Debtor(s):
Marlo Marie Heller Represented By Eric Ridley
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
KIMBERLY VAUGHAN Represented By Cynthia L Gonzalez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Robert Gonzalez Represented By Bryan Diaz
Joint Debtor(s):
Ruth Gonzalez Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Sergio Hernandez Espinosa Represented By
R Grace Rodriguez
Joint Debtor(s):
Alma M Hernandez Represented By
R Grace Rodriguez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Debtor(s):
Jane Chimezie Anogwi Represented By Robert E Traylor
Joint Debtor(s):
Michael Nkemjurumafor Anogwi Represented By
Robert E Traylor
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Bernardino Salcedo Ignacio Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Danny Gene Jones II Represented By Nathan A Berneman
Joint Debtor(s):
Renee Frisk-Jone Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Charles Emilio DePaola Represented By Reed H Olmstead
Joint Debtor(s):
Veronica Castro DePaola Represented By Reed H Olmstead
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Lourie Dudman Represented By Chris Gautschi
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Norma Delgado Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Andrea Cara Silverman Represented By Anil Bhartia
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Deborah Louise Pruitt Represented By Brad Weil
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Sandra Soto Represented By
Randall V Sutter
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Consuelo Vargas Represented By Christian J Younger
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 7
NONE LISTED -
Debtor(s):
David Edward Nelson Represented By Louis J Esbin
Joint Debtor(s):
Corina Ivonne Nelson Represented By Louis J Esbin
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Danette Lyn Anderson-Bittorf Represented By George J Paukert
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Julio C. Rosas Represented By Michael B Clayton
Joint Debtor(s):
Dolores Rosas Represented By Michael B Clayton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Shelly Lynn Kowalewski-Grindell Represented By
Tom A Moore
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Margaret Onita Malcolm Represented By David Joel Follin
Joint Debtor(s):
Lincoln Malcolm Represented By David Joel Follin
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Darryl Lee Gregory Represented By Chris Gautschi
Joint Debtor(s):
Annette Marie Lozano Gregory Represented By Chris Gautschi
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Timothy James Umphenour Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
DL Knight Represented By
Dennis A Rasmussen
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Jeremy B Sacolles Represented By Matthew D. Resnik
Joint Debtor(s):
Lyndee Alma Olosan Sacolles Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Terry Lane Represented By
Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Marcelo Valdez Represented By Stephen S Smyth
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Josef Obermeier Represented By Kevin T Simon
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Bobbie Rollins Represented By Todd J Mannis
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Matthew Joseph Berban Represented By Ali R Nader
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
NONE LISTED -
Debtor(s):
Nyla Lee Oyler Represented By Ali R Nader
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
FR. 3-21-19, 4-25-19, 5-23-19, 8-15-19, 10-17-19, 12-19-19, 2-27-20
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Ruling for December 19, 2019: Continued to 2/27/20.
Ruling for October 17, 2019:
Continued to 12/19/19.
Ruling for August 15, 2019
Continued to October 17, 2019.
Ruling for May 23, 2019: Cont. to 8/15/19 at 10:00 a.m.
Ruling on March 21, 2019
Continued to April 25, 2019.
Debtor(s):
Araceli Contreras Represented By Matthew D. Resnik
Joint Debtor(s):
Alejandro Contreras Represented By Matthew D. Resnik Matthew D. Resnik
10:00 AM
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for May 23, 2019:
Continued to September 19, 2019
Debtor(s):
Susan Y McDermott Represented By Jerry Namba
Joint Debtor(s):
Michael J McDermott III Represented By Jerry Namba
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
FR. 8-16-19, 11-21-19, 1-16-20, 2-27-20
Docket 45
NONE LISTED -
Debtor(s):
Susan Y McDermott Represented By Jerry Namba
Joint Debtor(s):
Michael J McDermott III Represented By Jerry Namba
Movant(s):
Susan Y McDermott Represented By Jerry Namba
Michael J McDermott III Represented By Jerry Namba
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [48] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Leta Finch v. Susan and Michael McDermott . (Bertelsen, Susan)
FR. 6-21-19, 8-16-19, 11-21-19, 1-16-20, 2-27-20
Docket 48
Ruling for 6/21/19: Continued to 8/16/19 at 10:30 a.m. for proper service on the debtor per the local rules.
Debtor(s):
Susan Y McDermott Represented By Jerry Namba
Joint Debtor(s):
Michael J McDermott III Represented By Jerry Namba
Movant(s):
Leta Finch Represented By
David Stroud David P Stroud
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [53] Motion for Abstention Under Section 305 FR. 8-16-19, 11-21-19, 1-16-20, 2-27-20
Docket 53
NONE LISTED -
Debtor(s):
Susan Y McDermott Represented By Jerry Namba
Joint Debtor(s):
Michael J McDermott III Represented By Jerry Namba
Movant(s):
Leta Finch Represented By
David Stroud David P Stroud
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Ruling for December 19, 2019: Continued to 2/27/20.
Ruling for October 17, 2019:
Ruling for August 15, 2019
Continued to
Debtor(s):
Daniel Franco Represented By Julie J Villalobos
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 45
Ruling on January 16, 2020
Continued to February 27, 2020 at 10:00 a.m.
Debtor(s):
Garland Chester Represented By Vaughn C Taus
Joint Debtor(s):
Juliet Chester Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for March 26, 2020
Continued to April 16, 2020 at 10:00 a.m.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for 11/21/19: Continued to 3/26/20.
Ruling for 9/19/19:
Continued to 11/21/19
Ruling for August 15, 2019
Continued to September 19, 2019.
Ruling for 6/20/19: Cont. to 8/15/19.
Debtor(s):
John Kenneth Reed Represented By
10:00 AM
Trustee(s):
Douglas E Klein
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Ruling for 11/21/19: Continued to 2/27/20.
Ruling for 9/19/19:
Continued to 11/21/19.
Debtor(s):
Brendan J Searls Represented By William C Beall
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Ruling on January 16, 2020
Continued to February 27, 2020 at 10:00 a.m.
Ruling for 11/21/19: Continued to 1/16/20.
Ruling for 9/19/19: Cont'd to 11/21/19
Debtor(s):
Jeffrey David Kroll Represented By Eric Ridley
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Ruling on January 16, 2020
Continued to February 27, 2020 at 10:00 a.m.
Ruling for 11/21/19: Continued to 1/16/20.
Ruling for 9/19/19: Continued to 11/21/19
Debtor(s):
Arney G. Calhoun, Jr. Represented By Michael F Chekian
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for 11/21/19: Continued to 1/16/20.
Debtor(s):
Warren Johnson Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for February 27, 2020
Continued to March 26, 2020 at 10:00 a.m.
Ruling for December 19, 2019: Continued to 2/27/20.
Ruling for 11/21/19: Continued to 12/19/19.
Ruling for 9/19/19:
Cont'd to 11/21/19
Debtor(s):
Larry E. Greene Represented By Matthew D. Resnik
10:00 AM
Joint Debtor(s):
Roxanne Greene Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Ruling for December 19, 2019: Continued to 2/27/20.
Ruling for October 17, 2019: Continued to 12/19/19 at 10:00 a.m.
Debtor(s):
Ramon Perez Represented By
Claudia C Osuna
Joint Debtor(s):
Antonia Medina Perez Represented By Claudia C Osuna
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for February 27, 2020
Continued to March 26, 2020 at 10:00 a.m.
Ruling on January 16, 2020
Continued to February 27, 2020 at 10:00 a.m.
Ruling for 11/21/19: Continued to 1/16/20.
Debtor(s):
Jose Rios Represented By
Matthew D. Resnik
Joint Debtor(s):
Maria Rios Represented By
Matthew D. Resnik
10:00 AM
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m. Dtr to file supplemental evidence re: the potential sales of real property by the former mother-in-law by March 12, 2020.
Ruling for December 19, 2019: Continued to 1/16/20.
Ruling for 11/21/19:
Ruling for October 17, 2019: Continued to 11/21/19 at 10:00 a.m.
Debtor(s):
Adriana Elizabeth Velazquez Represented By Reed H Olmstead
10:00 AM
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Ruling on January 16, 2020
Continued to February 27, 2020 at 10:00 a.m.
Debtor(s):
Donald Lucchesi Represented By
Michael D Kwasigroch
Joint Debtor(s):
Jeanne Lucchesi Represented By
Michael D Kwasigroch
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for February 27, 2020
Continued to March 26, 2020 at 10:00 a.m.
Ruling on January 16, 2020
Continued to February 27, 2020 at 10:00 a.m.
Ruling for 11/21/19: Continued to 1/16/20.
Debtor(s):
Gerardo Jaimes Represented By Reed H Olmstead
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for February 27, 2020
Continued to March 26, 2020 at 10:00 a.m.
Ruling for December 19, 2019: Continued to 2/27/20. Trustee to file objection by 1/17/20. Debtor is ordered to file a response to the objection no later than 2/7/20.
11/21/19 Conf. Hearing: Per trustee, to be continued to 12/19/19.
Debtor(s):
Steven Phillip Rosen Represented By Vicki I Temkin
Joint Debtor(s):
Renee Terrie Rosen Represented By Vicki I Temkin
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Ruling for December 19, 2019: Continued to 2/27/20.
Ruling for 11/21/19: Continued to 12/19/19.
Debtor(s):
Chris Rojas Represented By
Reed H Olmstead
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Debtor(s):
Denise Lynn Vreeland Represented By Ali R Nader
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for March 26, 2020
Continued to April 16, 2020 at 10:00 a.m. If the Debtor is not current on plan payments and mortgage payments, the Court will dismiss this case.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Gabriel C. Estrada Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Abdul Farid Azimi Represented By Kevin T Simon
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Ruling on January 16, 2020
Continued to February 27, 2020 at 10:00 a.m.
Debtor(s):
William E Solomon Represented By Kenneth H J Henjum
Joint Debtor(s):
Mindy Hibler-Solomon Represented By Kenneth H J Henjum
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m. Debtor must file and serve a new notice of the confirmation hearing to give 35-days notice.
Debtor(s):
Piri Bickford Represented By
Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m. Debtor must file a new 35-day notice.
Debtor(s):
Anabel Hernandez Munoz Represented By Stephen L Burton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m. A new 35-day notice is required.
Debtor(s):
Christopher E Orloff Represented By Julie J Villalobos
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for March 26, 2020
Continued to April 16, 2020 at 10:00 a.m.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Jose R. Zacapa Represented By Michael B Clayton
Joint Debtor(s):
Jacklin Zacapa Represented By Michael B Clayton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [60] Trustee's Motion to Dismiss Case Due to Expiration of the Plan . (Rojas (TR), Elizabeth (ND))
FR. 9-19-19, 11-21-19, 12-19-19, 2-27-20
Docket 60
Ruling for December 19, 2019:
Ruling for 11/21/19: Continued to 12/19/19.
Ruling for 9/19/19: Continued to 11/21/19
Debtor(s):
Charles Larry Willett Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [45] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 2-27-20
Docket 45
NONE LISTED -
Debtor(s):
Kevin Hiroshi Kaneko Represented By Matthew D. Resnik
Joint Debtor(s):
Amanda Louise Kaneko Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [44] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 2-27-20
Docket 44
NONE LISTED -
Debtor(s):
Raymond Sandford Jr. Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [83] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 2-27-20
Docket 83
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Debtor(s):
Arturo Garcia Guevara Represented By Matthew D. Resnik
Joint Debtor(s):
Rosa Alicia Garcia Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [73] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 2-27-20
Docket 73
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Debtor(s):
Howard Geoffrey Gorbis Represented By
Raj T Wadhwani
Joint Debtor(s):
Randi Rose Gorbis Represented By
Raj T Wadhwani
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [68] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 68
NONE LISTED -
Debtor(s):
Manuel Rodrigues Represented By William C Beall
Joint Debtor(s):
Diana M. Rodrigues Represented By William C Beall
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 62
NONE LISTED -
Debtor(s):
Cristina Marie Pagan Nowling Represented By Kevin T Simon
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [47] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20
Docket 47
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Jose Santiago Murguia Represented By Nicholas M Wajda
Joint Debtor(s):
Piedad Murguia Represented By Nicholas M Wajda
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [104] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20
Docket 104
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Monique Janel Mansfield Represented By Carissa N Horowitz William C Beall
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [36] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 12-19-19, 2-27-20, 3-26-20
Docket 36
Ruling for March 26, 2020
Continued to April 16, 2020 at 10:00 a.m. to allow the Debtor to convert the case.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for December 19, 2019: Continued to 2/27/20.
Debtor(s):
Robert Carlo Valle Quintanilla Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [59] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20
Docket 59
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Sonia Chavez Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 31
NONE LISTED -
Debtor(s):
Irene Orange Represented By
Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [73] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 73
NONE LISTED -
Debtor(s):
Alan Willars Athie Represented By James C Ames
Joint Debtor(s):
Rosario Naomi Athie Represented By James C Ames
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [31] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 2-27-20
Docket 31
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Debtor(s):
Gilbert Ray De La Mora Represented By James C Ames
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
FR. 12-19-19, 2-27-20
Docket 87
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Ruling for December 19, 2019: Continued to 2/27/20.
Debtor(s):
Mary L Zucker Represented By Michael B Clayton
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
FR. 2-27-20
Docket 50
NONE LISTED -
Debtor(s):
Chad W. Myers Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [44] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 2-27-20
Docket 44
NONE LISTED -
Debtor(s):
John H. Pryor Represented By
Todd Mannis
Joint Debtor(s):
Darla J. Pryor Represented By
Todd Mannis
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Sandra McBeth (TR) Pro Se
10:00 AM
RE: [107] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 9-19-19, 10-17-19, 12-19-19, 2-27-20
Docket 107
Ruling for December 19, 2019: Continued to 2/27/20.
Ruling for October 17, 2019: Continued to 12/19/19.
Ruling for 9/19/19: Continued to 10/17/19
Debtor(s):
Michael Harry Lesseos Represented By Michael F Chekian
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 50
NONE LISTED -
Debtor(s):
Arthur V. Schweidler Represented By William C Beall
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [20] Motion RE: Objection to Claim Number 22 by Claimant Don Schmitz, Schmitz & Associates, Inc.. with Proof of Service
FR. 1-17-19, 7-25-19, 8-15-19, 11-21-19
Docket 20
NONE LISTED -
Debtor(s):
Jeffrey Scott Lewis Represented By Kevin T Simon
Joint Debtor(s):
Debra Sue Lewis Represented By Kevin T Simon
Movant(s):
Jeffrey Scott Lewis Represented By Kevin T Simon
Debra Sue Lewis Represented By Kevin T Simon
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [24] Motion to Avoid Lien Junior Lien with Ditech Financial LLC
Docket 24
NONE LISTED -
Debtor(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Joint Debtor(s):
Holli Kolkowski Represented By Bryan Diaz
Movant(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Holli Kolkowski Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [28] Motion to Avoid Lien junior lien with Simi Valley Homeowners Association
Docket 28
NONE LISTED -
Debtor(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Joint Debtor(s):
Holli Kolkowski Represented By Bryan Diaz
Movant(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Holli Kolkowski Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
2:00 PM
The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the court for permission. Simply contact CourtCall at (866) 582-6878.
Through April 30, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).
If you have an evidentiary hearing or trial scheduled, the court will contact you to discuss arrangements.
Docket 0
NONE LISTED -
2:00 PM
Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [131] Motion to Dismiss Adversary Proceeding ; Notice of Motion and Motion to Dismiss Claims Premised on IRS 6-Year and 10-Year Statutes of Limitations Based on IRS Amended Claim to Zero; Motion to Strike; with Proof of Service
Docket 131
This will be one of the first video hearings conducted in the bankruptcy court, so please expect that the first few minutes of our hearing may involve a test of the video. Please use a headset or ear buds with your phone to optimize audio quality (and do not use speaker phone). Appearing from your office is certainly not necessary -- the judge will not be in the courthouse and understands that the setting will not be as formal as the courtroom. Suits are not necessary.
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
2:00 PM
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Movant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold
2:00 PM
Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [132] Notice of Motion and Motion for Award of Attorney Fees and Costs as Prevailing Party on Expungement with Proof of Service.
Docket 132
More briefing is needed on whether the doctrine of quasi-judicial immunity bars an award of attorney's fees and costs.
The Committee seems to intend to argue for quasi-judicial immunity when it raises the Barton doctrine in opposition to the Motion. The Barton doctrine is a jurisdictional matter and requires that "a party must first obtain leave of the bankruptcy court before it initiates an action in another forum against a bankruptcy trustee or other officer appointed by the bankruptcy court for acts done in the officer’s official capacity." Beck v. Fort James Corp. (In re Crown Vantage, Inc.), 421 F.3d 963, 970 (9th Cir. 2005). If required leave is not sought from the bankruptcy court, the other forum lacks jurisdiction to hear the action. Id. at 971. Part of the rationale behind the Barton doctrine in bankruptcy is that the bankruptcy court has in rem subject matter jurisdiction over estate property, and an unauthorized suit would usurp the powers of the bankruptcy court. See Id. at 970-71 (citing Barton v. Barbour, 104 U.S. 126, 127 (1881)). Here, there is no other forum, so the Barton doctrine has no application to the Motion. As the Defendants note, the Committee makes no argument that leave of the court was required before the Motion was filed.
Such a claim would make no sense because this is the appointing court.
Closely linked to the Barton doctrine is the concept of quasi-judicial immunity, which, rather than Barton, seems to be what the Committee means to invoke. Whether a not a party would have quasi-judicial immunity is one of the factors a court considers in deciding whether to apply the Barton doctrine. "A non- judicial officer is entitled to quasi-judicial immunity if: (1) the individual has, under common law, been afforded immunity and the public interest behind it supports such immunity; and (2) the individual’s function is within the scope of
2:00 PM
that immunity." Mortgages Ltd., 2013 WL 1336830, at *5 (citing Antoine v. Byers & Anderson, 508 U.S. 429 (1993) and Curry v. Castillo (In re Castillo), 297 F.3d 940, 946-47 (9th Cir. 2002)). The first issue is uncontroversial – as the Committee notes, creditors’ committee have been found to be covered by quasi-judicial immunity. See, e.g., Blixseth v. Brown (In re Yellowstone Mountain Club, LLC), 840 F.3d 1090. 1095 (9th Cir. 2016) (applying the Barton doctrine to a committee chair, which would have to be based on the factor for application of the Barton doctrine that asks whether the officer is entitled to quasi-judicial or derived judicial immunity). The Defendants do not appear to dispute that, if quasi-judicial immunity would apply to this factual context, it would not extend to the Committee specifically.
The Committee’s Opposition falls short, however, of establishing that quasi- judicial immunity bars an award of prevailing party fees and costs, whether specifically under CCP § 405.38 or otherwise. The Opposition merely argues for the existence of quasi-judicial immunity in the bankruptcy context and its extension to the Committee. The Opposition does not address the elements a court must consider in determining whether quasi-judicial immunity applies, including whether: "(1) their acts were within the scope of their authority; (2) the debtor had notice of their proposed acts; (3) they candidly disclosed their proposed acts to the bankruptcy court; and (4) the bankruptcy court approved their acts." Harris v. Wittman (In re Harris), 590 F.3d 730, 742 (9th Cir. 2009) (citing Bennett v. Williams, 892 F.2d 822, 823, 825 (9th Cir. 1989)).
The Defendants cite In re Ybarra, 424 F.3d 1018 (9th Cir. 2005), and In re Taggart, 888 F.3d 438 (9th Cir. 2018), in response to the quasi-judicial immunity argument, but neither case is analogous to this case. The issue before the Ybarra court was whether the litigation had been "continuous litigation" as opposed to litigation commenced postpetition. Ybarra, 424 F.3d at 1026-27. The Defendants provide no explanation of how this discharge question applies to a quasi-judicial immunity analysis. And Taggart also addresses a discharge issue, not quasi-judicial immunity. Moreover, Taggart has been reversed and remanded by the Supreme Court (as the Defendants note in their brief).
The Defendants cite no authority for their claim that quasi-judicial immunity should not bar an award because the "same reasoning would apply to a sanction award under Rule 11" and therefore "plaintiff trustee, debtors and
2:00 PM
committees in bankruptcy cases could assert frivolous positions under the protection of quasi-judicial immunity." It does not necessarily follow from extension of immunity here that such immunity would extend to conduct as extreme as that which would lead to Rule 11 sanctions. First, the Defendants make no claim that a lis pendens ultimately expunged under the rigorous standard for lis pendens under California law is conduct of the same quality as a Rule 11 violation or other sanctionable conduct. Second, there are limitations on the scope of quasi-judicial immunity. The BAP has held that a bankruptcy appointee "is allowed to make reasonable mistakes where discretion is allowed," but "may be sued for intentional or negligent actions which amount to violations of the duties imposed upon the [appointee] by law." Kashani v. Fulton (In re Kashani), 190 B.R. 875, 883 (B.A.P. 9th Cir.
1995).
At this point, the parties have not presented any clearly relevant and binding or persuasive authority on the question of whether quasi-judicial immunity protects a bankruptcy appointee from an adverse party’s claim of prevailing party attorney’s fees for postpetition litigation. Without authority from either the Defendants or the Committee, the court isn't in a position to rule on this motion.
Please have a schedule in mind for supplemental briefing.
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
2:00 PM
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Movant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold
11:30 AM
The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the court for permission. Simply contact CourtCall at (866) 582-6878.
Through April 30, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).
If you have an evidentiary hearing or trial scheduled, the court will contact you to discuss arrangements.
Docket 0
NONE LISTED -
11:30 AM
Docket 17
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Daniel Hinrichs Represented By Leslie A Tos
Joint Debtor(s):
Lisa Maurine Hinrichs Represented By Leslie A Tos
11:30 AM
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 210
There are multiple problems with the debtor's opposition: (1) the declaration of the broker offering a BPO value of $1,205,000 is not properly signed -- it is a DocuSign signature; (2) the offered $1,205,000 valuation does not leave equity of 20%, as the opposition claims; it leaves equity of 16.8% (1,205,000 - 1,003,017.44 = 201,982.56 / 1,205,000 = 0.1676); and (3) the broker's
valuation is higher than almost all of the offered comps without explanation (the higher comps, one of which is just a list price, are for larger homes).
Debtor(s):
Luis D. Martinez Represented By
Eric Bensamochan
Movant(s):
Wilmington Trust, National Represented By Kirsten Martinez
11:30 AM
Docket 0
NONE LISTED -
Debtor(s):
Luis D. Martinez Represented By
Eric Bensamochan
11:30 AM
RE: [53] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2380 Live Oak Road, Paso Robles, CA 93446 . (Gomez, Michael)
FR. 3-24-20
Docket 53
NONE LISTED -
Debtor(s):
Erich Lee Russell Represented By Kari L Ley
Movant(s):
Farm Credit West, FLCA Represented By Michael J Gomez Reed S Waddell Gerrick Warrington
11:30 AM
Docket 65
NONE LISTED -
Debtor(s):
Erich Lee Russell Represented By Kari L Ley
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
FR. 2-18-20, 3-24-20
Docket 1
NONE LISTED -
Debtor(s):
Erich Lee Russell Represented By Kari L Ley
11:30 AM
RE: [147] Application for Compensation for Vaughn C Taus, Debtor's Attorney, Period: 4/11/2018 to 3/31/2020, Fee: $71732.00, Expenses: $736.56.
Docket 147
Fee applications require a separately filed declaration from the client that states the client has reviewed the fee application and does not object to the application. LBR 2016-1(a)(1)(J). If the client refuses to provide a declaration, then "the professional must file a declaration describing the steps that were taken to obtain the client’s declaration and the client’s responses thereto." Id. Here, the Applicant fails to include a declaration from either of the Debtors and the Applicant fails to file a declaration regarding why the client declaration was not obtained. Thus, the Application is deficient for failure to comply with LBR 2016-1(a)(1)(J), made applicable to final fee applications by LBR 2016-1(c)(2).
Further, professional fee applications are required to include "[a] statement that the applicant has reviewed the requirements of [LBR 2016-1] and that the application complies with [LBR 2016-1]." LBR 2016-1(a)(1)(K). Here, the Applicant does not state in the Application nor in his attached declaration that he has reviewed LBR 2016-1 or that the Application complies with the rule.
Thus, the Application is deficient for failing to comply with LBR 2016-1(a)(1) (K).
Please comply with the rules discused above.
Debtor(s):
Maurice Leo Wedell Represented By Leslie A Cohen
11:30 AM
Joint Debtor(s):
Susan Elizabeth Wedell Represented By Leslie A Cohen
Movant(s):
Maurice Leo Wedell Represented By Leslie A Cohen Leslie A Cohen
Susan Elizabeth Wedell Represented By Leslie A Cohen
11:30 AM
FR. 4-8-20
Docket 1
NONE LISTED -
Debtor(s):
Maurice Leo Wedell Represented By Leslie A Cohen
Joint Debtor(s):
Susan Elizabeth Wedell Represented By Leslie A Cohen
11:30 AM
$452.00.
Docket 163
The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs
2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Ronald Frances Palmer Represented By John K Rounds
11:30 AM
Joint Debtor(s):
Lola Marie Palmer Represented By John K Rounds
Movant(s):
Ronald Frances Palmer Represented By John K Rounds John K Rounds John K Rounds John K Rounds
Lola Marie Palmer Represented By John K Rounds
11:30 AM
Docket 170
The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Ronald Frances Palmer Represented By John K Rounds
11:30 AM
Joint Debtor(s):
Lola Marie Palmer Represented By John K Rounds
Movant(s):
Ronald Frances Palmer Represented By John K Rounds John K Rounds John K Rounds John K Rounds
Lola Marie Palmer Represented By John K Rounds
11:30 AM
RE: [364] Notice of Motion and Motion By Reorganized Debtor for Entry of Discharge and Entry of Final Decree; Memorandum of Points and Authorities; Declarations of Daniel M. Brucker in Support Thereof, with Proof of Service
Docket 364
Why isn't counsel using the mandatory proof of service form?
Debtor(s):
Daniel M Brucker Represented By Ellen M. Cheney
Matthew D. Resnik Roksana D. Moradi-Brovia
Movant(s):
Daniel M Brucker Represented By Ellen M. Cheney
Matthew D. Resnik Roksana D. Moradi-Brovia
11:30 AM
RE: [290] U.S. Trustee Motion to dismiss or convert NOTICE OF MOTION AND MOTION UNDER 11 U.S.C. § 1112(b) TO DISMISS OR CONVERT CASE; DECLARATION OF ALFRED COOPER III . (Fittipaldi, Brian)
FR. 3-24-20
Docket 290
NONE LISTED -
Debtor(s):
John Sperry Reynolds Represented By Ellen M. Cheney
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
Docket 264
NONE LISTED -
Debtor(s):
Jonathan David Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
Docket 54
This case was filed in July of 2018. It is not complex, but the Debtor has failed to advance this case without prodding from the court (the court has had to issue two orders to show cause). At the second hearing on the second order to show cause, the court informed counsel that if the disclosure statement was not in a form to be approved today, the court would consider all available options.
The document is not in a form to be approved. The court cannot find that it provides adequate informtion.
The Disclosure Statement states that the "Debtor will file a motion to establish the value of Debtor’s residential rental property in Woodland Hills so as to determine the secured value of US Bank NA’s lien. The disclosure statement and plan are drafted based upon a projected outcome of the motion." Discl.
Stmt. at 5:25-6:2, Docket No. 54. In the more than 21 months that this case has been pending, the Debtor has failed to file any motion to value the Debtor’s residential rental property. The Disclosure Statement and Plan expressly state that they rely upon the Debtor’s success on an unfiled motion without any evidence or details to support the assumption that a motion to value would be granted as contemplated. The Debtor also states that "[s] hortly after filing of the disclosure statement and plan of reorganization [the] Debtor will also file a motion determine the secured value." Discl. Stmt. at 7:4-6. The Disclosure Statement was filed on 3/9/20, and as of 4/22/20, no motion to value has been filed.
Feasibility is also in doubt. The Debtor states that in the second half of 2019, he only had one construction project at the end of December, for which he still has not been paid. Discl. Stmt. at 6:22-27. "He has no current projects in process but does have bids out on projects that he believes will result in a (sic) least one award and that regular income will finally resume thereafter."
11:30 AM
Id. The Debtor admittedly has no income and is not working on any current income generating projects. Based on this admission, the court cannot possibly find that the Debtor’s Disclosure Statement contains "adequate information" regarding the feasibility of the proposed Plan.
The Debtor states that Exhibit B are the financial statements showing the projected income and expenses during the Plan, but these financial statements only show income and expenses for 2018 and 2019. See id. at 27-28, Exhibit B. There are no projected financial statements attached to the Disclosure Statement that show any actual or projected income for 2020 or later, contrary to the Disclosure Statements’ assertions that Exhibit B contains "the Debtor’s financial projection." See id. at 7:8 and Exhibit B. This is not adequate information.
Based on the most recent income and expense data listed in Exhibit B for 2019, the Debtor lists his "household income" as $53,196.00, with expenses for 2019 totaling $52,823.00. See Discl. Stmt. at 27, Exhibit B. But the Debtor is proposing to pay $86,755.44 per year during the life of the Plan (based on the proposed Plan payments of $7,229.62 per month). The only available information (the Debtor’s own attached financial statements) demonstrates that the Plan is infeasible because it proposes to pay over
$30,000 more than the Debtor’s 2019 income. The Disclosure Statement has no other information -- financial projections or other evidence -- to show that the Plan is feasible as proposed.
The Disclosure Statement states that the total payout to the general unsecured creditors of Class 3 is $48,000 or 3.86%, which is proposed to be paid $800.00 per month starting on the effective date. Discl. Stmt. at 11:7-12. However, the Disclosure Statement also lists that the end date for payments is the effective date, or "Eff Date." Id. Thus, the listed "end date" can't be correct because it does not state when the payments to Class 3 will end; it just lists the begin date as the same date as the end date. Additionally, in the Disclosure Statement’s liquidation analysis, the Debtor states that the Plan will pay unsecured creditors 16.17% on their claims, which significantly different from the 3.86% stated earlier in the Plan. See Discl. Stmt. at
19:24-27. Again, this is not adequate information.
11:30 AM
The inconsistencies and errors in the Plan and Disclosure Statement make it impossible for the court to approve the Disclosure Statement. Counsel needs to discuss with the Debtor whether dismissal or conversion makes more sense at this time.
Debtor(s):
Steven Allen Harris Represented By Dana M Douglas
11:30 AM
Telephonic Hearing
FR. 10-15-19, 11-14-19,12-16-19, 2-3-20, 3-2-20, 3-16-20
Docket 125
NONE LISTED -
Debtor(s):
Green Pharmaceuticals, Inc. Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams
11:30 AM
RE: [105] Chapter 11 Plan of Reorganization FR. 3-24-20
Docket 105
With the new ballot, the plan appears to meet the requirements of section 1129(a) and (b). Please have a date in mind for postconfirmation status report/status conference, and inform the court of any special provisions needed in the confirmation order.
Debtor(s):
Golf View Lane Limited Partnership, Represented By
Joseph G McCarty
M. Jonathan Hayes Robert M Yaspan
11:30 AM
Adv#: 9:19-01058 Golf View Lane Limited Partnership, a California L v. Pinnacle Estate
RE: [1] Adversary case 9:19-ap-01058. Complaint by Golf View Lane Limited Partnership, a California Limited Partnership against Pinnacle Estate Properties, Inc., Garen Gary Keshishyan, Levis Pasco Obando, Valley Enterprises TS, Inc., Jose Pasco. (Fee not required). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)) (Yaspan, Robert) Modified on 10/16/2019 (Handy, Brad).
FR. 12-17-19, 3-3-20
Docket 1
NONE LISTED -
Debtor(s):
Golf View Lane Limited Partnership, Represented By
Joseph G McCarty
M. Jonathan Hayes Robert M Yaspan
Defendant(s):
Pinnacle Estate Properties, Inc. Represented By Alana B Anaya
Garen Gary Keshishyan Represented By Alana B Anaya
Levis Pasco Obando Represented By Alana B Anaya
Valley Enterprises TS, Inc. Represented By
Thomas C Corcovelos
11:30 AM
Jose Pasco Represented By
Thomas C Corcovelos
Closing Agents, Inc. Pro Se
DOES 1 through 25, inclusive Pro Se
Igya Demirci Pro Se
Plaintiff(s):
Golf View Lane Limited Partnership, Represented By
Robert M Yaspan
11:30 AM
Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et
Docket 236
Grant.
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
DHAN, LLC Pro Se
CIT BANK, N.A. Pro Se
Duff & Phelps Represented By Christopher O Rivas
Electro Optical Industries Represented By Peter J Benvenutti Tobias S Keller David A Taylor
CTS Corporation Represented By Jonathan Boustani Paul J Laurin
CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin
Grant Thornton, LLP Represented By Ian Landsberg
11:30 AM
Pengdi Han, Dhan, LLC Pro Se
Avante Mezzanine Partners II, Inc. Represented By
Brian L Davidoff Keith Patrick Banner
Avante Mezzanine Partners SBIC, Represented By
Brian L Davidoff Keith Patrick Banner
Fidus Mezzanine Capital II, L.P. Represented By
Brian L Davidoff Keith Patrick Banner
Fidus Investment Corporation Represented By Brian L Davidoff
Keith Patrick Banner
BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg
Blue Wolf Capital Advisors L.P. Represented By
Christopher O Rivas Howard Steinberg
Gladstone Investment Corporation Represented By
Cheryl S Chang Craig N Haring
Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg
Blue Wolf Capital Partners, LLC Represented By
Christopher O Rivas Howard Steinberg
Movant(s):
Corporate Recovery Associates, Represented By
11:30 AM
Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia
Plaintiff(s):
Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia
11:30 AM
Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et
Docket 235
Grant.
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
DHAN, LLC Pro Se
CIT BANK, N.A. Pro Se
Duff & Phelps Represented By Christopher O Rivas
Electro Optical Industries Represented By Peter J Benvenutti Tobias S Keller David A Taylor
CTS Corporation Represented By Jonathan Boustani Paul J Laurin
CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin
Grant Thornton, LLP Represented By Ian Landsberg
11:30 AM
Pengdi Han, Dhan, LLC Pro Se
Avante Mezzanine Partners II, Inc. Represented By
Brian L Davidoff Keith Patrick Banner
Avante Mezzanine Partners SBIC, Represented By
Brian L Davidoff Keith Patrick Banner
Fidus Mezzanine Capital II, L.P. Represented By
Brian L Davidoff Keith Patrick Banner
Fidus Investment Corporation Represented By Brian L Davidoff
Keith Patrick Banner
BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg
Blue Wolf Capital Advisors L.P. Represented By
Christopher O Rivas Howard Steinberg
Gladstone Investment Corporation Represented By
Cheryl S Chang Craig N Haring
Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg
Blue Wolf Capital Partners, LLC Represented By
Christopher O Rivas Howard Steinberg
Movant(s):
Corporate Recovery Associates, Represented By
11:30 AM
Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia
Plaintiff(s):
Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia
11:30 AM
Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et
RE: [1] and [156] Amended Complaint First by Christian A Orozco on behalf of Corporate Recovery Associates, LLC against all defendants. (RE: related document(s)1 Adversary case 9:18-ap-01058. Complaint by Corporate Recovery Associates, LLC against Blue Wolf Capital Partners, LLC, Blue Wolf Capial Fund II, L.P., Gladstone Investment Corporation, Blue Wolf Capital Advisors L.P., BW Piezo Holdings, LLC, Fidus Investment Corporation, Fidus Mezzanine Capital II, L.P., Avante Mezzanine Partners SBIC, LP, Avante Mezzanine Partners II, Inc., Pengdi Han, Dhan, LLC, Grant Thornton, LLP, CTG Advanced Materials, LLC, CTS Corporation, Electro Optical Industries, Duff & Phelps, and CIT Bank, N.A. (Charge To Estate). Original Complaint Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) filed by Plaintiff Corporate Recovery Associates, LLC). (Orozco, Christian)
FR. 2-11-19, 3-18-19, 5-14-19, 6-12-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19
ADVANCED FROM 1-8-20, 1-7-20, 2-4-20
Docket 156
NONE LISTED -
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
CIT BANK, N.A. Pro Se
Duff & Phelps Represented By Christopher O Rivas
Electro Optical Industries Represented By
11:30 AM
Peter J Benvenutti Tobias S Keller David A Taylor
CTS Corporation Represented By Jonathan Boustani Paul J Laurin
CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin
Grant Thornton, LLP Represented By Ian Landsberg
Pengdi Han, Dhan, LLC Pro Se
DHAN, LLC Pro Se
Avante Mezzanine Partners II, Inc. Represented By
Brian L Davidoff Keith Patrick Banner
Fidus Mezzanine Capital II, L.P. Represented By
Brian L Davidoff Keith Patrick Banner
Fidus Investment Corporation Represented By Brian L Davidoff
Keith Patrick Banner
BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg
Blue Wolf Capital Advisors L.P. Represented By
Christopher O Rivas Howard Steinberg
Gladstone Investment Corporation Represented By
Cheryl S Chang Craig N Haring
11:30 AM
Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg
Blue Wolf Capital Partners, LLC Represented By
Christopher O Rivas Howard Steinberg
Avante Mezzanine Partners SBIC, Represented By
Brian L Davidoff Keith Patrick Banner
Plaintiff(s):
Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia
11:30 AM
Adv#: 9:17-01074 Miracle Logistics, Inc. v. Jimenez et al
RE: [25] Amended Complaint Objecting to the Dischargeability of Debt by James Studer on behalf of Miracle Logistics, Inc. against all defendants Rafael Jimenez, and One Call Logistics, Inc.
FR. 4-11-18, 6-20-18, 7-18-18, 10-24-18, 1-16-19, 3-12-19, 7-3-19, 8-14-19,
9-26-19, 12-17-19, 2-18-20
Docket 25
NONE LISTED -
Debtor(s):
Rafael Jimenez Represented By Bryan Diaz
Defendant(s):
Rafael Jimenez Represented By Bryan Diaz
One Call Logistics, Inc. Represented By Bryan Diaz
Plaintiff(s):
Miracle Logistics, Inc. Represented By James Studer
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:17-01091
Masuda v. Lewis
Telephonic Hearing
RE: [1] Adversary case 9:17-ap-01091. Complaint by Adam Masuda against Gary Charles Lewis. Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Wallin, Michael)
FR. 12-19-18, 1-29-19, 2-11-19, 3-12-19, 7-16-19, 9-3-19, 10-10-19, 12-17-19,
3-16-20
Docket 1
Debtor(s):
Gary Charles Lewis Represented By Matthew D. Resnik
Defendant(s):
Gary Charles Lewis Represented By Matthew D. Resnik
Plaintiff(s):
Adam Masuda Represented By Michael A Wallin
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:18-01063 Freed v. Laughton et al
RE: [1] Adversary case 9:18-ap-01063. Complaint by Jamie Freed against Toby
W. Laughton, Christina C. Laughton. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) (Perry Isaacson, Misty)
FR. 12-19-18, 7-16-19, 10-29-19, 2-11-20, 2-18-20
Docket 1
NONE LISTED -
Debtor(s):
Toby Wayne Laughton Represented By Daniel A Higson
Defendant(s):
Toby W. Laughton Pro Se
Christina C. Laughton Pro Se
Joint Debtor(s):
Christina C. Laughton Represented By Daniel A Higson
Plaintiff(s):
Jamie Freed Represented By
Lawrence J. Dreyfuss Misty A Perry Isaacson Bruce Dannemeyer
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:18-01063 Freed v. Laughton et al
#23.10 Show Cause Hearing
(RE: related document(s)17 ORDER TO SHOW CAUSE WHY THE DEFENDANTS ANSWER SHOULD NOT BE STRICKEN AND THEIR DEFAULT ENTERED)
Docket 17
No timely response was filed. Strike answer and direct clerk to enter default.
Debtor(s):
Toby Wayne Laughton Represented By Daniel A Higson
Defendant(s):
Toby W. Laughton Pro Se
Christina C. Laughton Pro Se
Joint Debtor(s):
Christina C. Laughton Represented By Daniel A Higson
Plaintiff(s):
Jamie Freed Represented By
Lawrence J. Dreyfuss Misty A Perry Isaacson Bruce Dannemeyer
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:20-01018 Faith v. Digital Dogma Corp.
Docket 1
NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Digital Dogma Corp. Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:20-01019 Faith v. Heringer Estate Winery
Docket 1
NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Heringer Estate Winery Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:20-01021 Faith v. Cummins
Docket 1
NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Andrea L. Cummins Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:20-01022 Faith v. Cummins et al
(3) Avoid and Recover Post-Petition Transfers; (4) to Preserve Recovered Transfers for Benefit of Debtors Estate; and (5) Disallowance of Any Claims Held by Defendant [11
U.S.C. § 502(d)] [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11
U.S.C. §§ 502, 547, 548, 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)) (Friedman, Anthony)
Docket 1
NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Mark Cummins Pro Se
Andrea L. Cummins Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:20-01020 Faith v. American Express Company
RE: [1] Adversary case 9:20-ap-01020. Complaint by Jeremy W. Faith against American Express Company. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; (2) Avoid and Recover Preferential Transfers; (3) Avoid and Recover Post-Petition Transfers; (4) to Preserve Recovered Transfers for Benefit of Debtors Estate; and (5) Disallowance of any Claims Held by Defendant [11 U.S.C. § 502(d)] [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 502, 547, 548, 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)) (Friedman, Anthony)
Docket 1
NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
American Express Company Represented By Kelly Sweeney
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By
11:30 AM
Todd A Frealy Anthony A Friedman
11:30 AM
Adv#: 9:18-01054
MoneyGram Payment Systems, Inc. v. GODINEZ et al Telephonic Hearing
RE: [1] and [12] Amended Complaint.
Adversary case 9:18-ap-01054. Complaint by MoneyGram Payment Systems, Inc. against GENARO L. GODINEZ. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Kaufman, Jeffrey)
FR. 12-19-18, 3-12-19, 5-14-19, 7-16-19, 10-15-19, 1-22-20
Docket 1
NONE LISTED -
Debtor(s):
Genaro L Godinez Represented By Andrew S Mansfield
Defendant(s):
GENARO L. GODINEZ Represented By Randall V Sutter
DOES 1 THROUGH 10 Pro Se
Joint Debtor(s):
Maria Isabel Godinez Represented By Andrew S Mansfield
Plaintiff(s):
MoneyGram Payment Systems, Inc. Represented By
11:30 AM
Trustee(s):
Jeffrey S Kaufman
Jerry Namba (TR) Pro Se
11:30 AM
Adv#: 9:20-01003 Namba, Chapter 7 Trustee v. Bentham IMF 1 LLC, a Delaware limited
RE: [14] Motion to Dismiss Adversary Proceeding
Docket 14
NONE LISTED -
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Defendant(s):
Bentham IMF 1 LLC, a Delaware Represented By
Tobias S Keller Dara L Silveira
Security Finance 1 LLC, a Delaware Represented By
Tobias S Keller Dara L Silveira
Movant(s):
Bentham IMF 1 LLC, a Delaware Represented By
Tobias S Keller Dara L Silveira
Security Finance 1 LLC, a Delaware Represented By
Tobias S Keller Dara L Silveira
Plaintiff(s):
Jerry Namba, Chapter 7 Trustee Represented By
John N Tedford IV
11:30 AM
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
Adv#: 9:20-01003 Namba, Chapter 7 Trustee v. Bentham IMF 1 LLC, a Delaware limited
RE: [1] Adversary case 9:20-ap-01003. Complaint by Jerry Namba, Chapter 7 Trustee against Bentham IMF 1 LLC, a Delaware limited liability company, Security Finance 1 LLC, a Delaware limited liability company. (Charge To Estate). Complaint for Declaratory Relief, and Avoidance and Recovery of Preferential Transfer Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(12 (Recovery of money/property - 547 preference)) (Tedford, John)
FR. 3-24-20
Docket 1
NONE LISTED -
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Defendant(s):
Bentham IMF 1 LLC, a Delaware Represented By
Tobias S Keller Dara L Silveira
Security Finance 1 LLC, a Delaware Represented By
Tobias S Keller Dara L Silveira
Plaintiff(s):
Jerry Namba, Chapter 7 Trustee Represented By
John N Tedford IV
11:30 AM
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
Adv#: 9:20-01023 Namba, Chapter 7 Trustee v. Quinn Emanuel Urquhart & Sullivan, LLP
RE: [1] Adversary case 9:20-ap-01023. Complaint by Jerry Namba, Chapter 7 Trustee against Quinn Emanuel Urquhart & Sullivan, LLP. (Charge To Estate). Nature of Suit: (91 (Declaratory judgment)),(12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other)) (Tedford, John)
Docket 1
NONE LISTED -
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Defendant(s):
Quinn Emanuel Urquhart & Represented By Jennifer L Nassiri
Plaintiff(s):
Jerry Namba, Chapter 7 Trustee Represented By
Sonia Singh
John N Tedford IV Eric P Israel
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
Adv#: 9:19-01035 Harandi v. Harandi
RE: [1] Adversary case 9:19-ap-01035. Complaint by Elizabeth Ann Harandi, Farshad Fasihi Harandi against Farshad Fasihi Harandi. priority or extent of lien or other interest in property)),(91 (Declaratory judgment)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(81 (Subordination of claim or interest))(Winston, Brandon)
Docket 1
NONE LISTED -
Debtor(s):
Farshad Fasihi Harandi Pro Se
Defendant(s):
Farshad Fasihi Harandi Represented By David A Tilem
Plaintiff(s):
Elizabeth Ann Harandi Represented By Brandon Winston
Trustee(s):
David Seror (TR) Pro Se
11:30 AM
Adv#: 9:20-01010 Namba v. Vazquez
RE: [1] Adversary case 9:20-ap-01010. Complaint by Jerry Namba against Miguel Vazquez. (Charge To Estate). COMPLAINT TO DETERMINE BANKRUPTCY ESTATES INTEREST IN REAL PROPERTY; FOR SALE OF REAL PROPERTY FREE AND CLEAR OF INTERESTS OF CO-OWNER
Nature of Suit: (91 (Declaratory judgment)),(31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Olmstead, Reed)
FR. 3-24-20
Docket 1
NONE LISTED -
Debtor(s):
Aurea Chavez Navarrete Represented By Charles W Oaks
Defendant(s):
Miguel Vazquez Represented By Charles W Oaks
Plaintiff(s):
Jerry Namba Represented By
Reed H Olmstead
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
1:30 PM
Docket 32
The Debtor's prior case was dismissed on 2/13/19. This case was filed on 1/16/20 and the Debtor's motion to continue the stay in this case was denied. Accordingly, under section 362(c)(3)(A), the automatic stay expired in its entirety on 2/15/20; no stay is in place. In re Reswick, 446 B.R. 362 (9th Cir. BAP 2011).
Deny the motion for relief from the automatic stay because no stay is in place. The movant may lodge an order with this language.
Debtor(s):
Pari F Kermani Represented By Dana M Douglas
Movant(s):
Deutsche Bank National Trust Represented By Kirsten Martinez
1:30 PM
Docket 1
NONE LISTED -
Debtor(s):
Pari F Kermani Represented By Dana M Douglas
1:30 PM
fr. 1-14-20,2-20-20
Docket 9
The trustee's motion to convert to chapter 7 is unopposed. The trustee needs
to file a declaration re non-opposition and lodge an order. Then the court will take this matter off calendar.
Debtor(s):
NSK Group, Inc. Represented By Kateryna Bilenka
Movant(s):
NSK Group, Inc. Represented By Kateryna Bilenka Kateryna Bilenka Kateryna Bilenka
Trustee(s):
Elissa Miller (TR) Pro Se
1:30 PM
Docket 431
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant all requested relief.
Movant to lodge order within seven days.
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
Movant(s):
Valley Economic Development Represented By Ron Bender Ron Bender
1:30 PM
Ron Bender Ron Bender Ron Bender Ron Bender Ron Bender Ron Bender Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik
Krikor J Meshefejian
Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith
1:30 PM
Lindsey L Smith Lindsey L Smith
1:30 PM
Docket 76
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT. The Movant may proceed with the Non-bankruptcy Action defined in the motion.
Movant to submit order within seven days.
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
01 BH Partnership Represented By
Mark E Goodfriend
1:30 PM
fr. 1-8-20
fr. 3-10-20
Docket 52
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
01 BH Partnership Represented By
Mark E Goodfriend
1:30 PM
fr. 3-10-20
Docket 42
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
01 BH Partnership Represented By
Mark E Goodfriend
1:30 PM
fr. 11-20-19, 1-7-20, 1-8-20
fr. 3-10-20
Docket 29
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Nathan F Smith
1:30 PM
fr. 1-7-20, 1-8-20
fr. 3-10-20
Docket 1
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:30 AM
#0.00 To mitigate the spread of the COVID-19 virus, all hearings before Judge Saltzman will be telephonic until further notice.
The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the court for permission. Simply contact CourtCall at (866) 582-6878.
Through June 30, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).
If you have an evidentiary hearing or trial scheduled, the court will contact you to discuss arrangements.
Docket 0
- NONE LISTED -
11:30 AM
RE: [45] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3031 Kadota Street, Simi Valley, California 93063 with Proof of Service. (Martinez, Kirsten)
FR. 4-29-20
Docket 45
- NONE LISTED -
Debtor(s):
Mireya Rodriguez Represented By Matthew D. Resnik
Movant(s):
Deutsche Bank National Trust Represented By Kirsten Martinez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 66
- NONE LISTED -
Debtor(s):
Steven Phillip Rosen Represented By Vicki I Temkin
Joint Debtor(s):
Renee Terrie Rosen Represented By Vicki I Temkin
Movant(s):
The Money Source Inc. Represented By Mukta Suri Kirsten Martinez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
11:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
11:30 AM
Docket 12
- NONE LISTED -
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
11:30 AM
AND AUTHORITIES (Salzman, Ryan)
Docket 13
NONE LISTED -
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
11:30 AM
(II) GRANTING RELATED RELIEF; MEMORANDUM OF POINTS AND AUTHORITIES (Salzman, Ryan)
Docket 14
NONE LISTED -
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
11:30 AM
Docket 15
NONE LISTED -
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
11:30 AM
Docket 83
The court is offended by the Debtors' opposition. The Debtors' assertion that their filing history is not evidence of bad faith (indeed, they state in the opposition that there is "no evidence of any bad faith conduct") itself is an argument that cannot possibly be made in good faith.
There is no dispute as to the history of the Debtors in this court over the years. The following are facts of which the court takes judicial notice.
After receiving two chapter 7 discharges, the debtors started serial filing of chapter 13 cases in 2014.
14-10134 - Filed by Alejandro Contreras on 1/22/14 and dismissed on 5/14/14 for failure to make plan payments and/or to appear at § 341(a) meeting.
14-12091 - Filed by Araceli Contreras on 9/21/14 and dismissed voluntarily on 1/20/15 with a motion for relief by the Movant pending. 15-10106 - Filed by Alejandro Contreras on 1/21/15 (the day after his wife's case had been dismissed with a motion for relief pending). U.S. Bank appeared to oppose a motion to continue the stay, but the motion was granted with an APO. The case was dismissed on 8/18/15 based on the debtor's failure to appear at the § 341(a) meeting.
15-11682 - Filed by Araceli Contreras on 8/21/15 (three days after her husband's case was dismissed). This case was dismissed on 1/21/16 at a confirmation hearing.
16-11062 - Filed by Araceli Contreras on 6/8/16. Relief granted to the Movant on 7/21/16 under § 362(d)(4) based on a finding that the debtor was involved in a scheme to hinder, delay, or defraud. The case was dismissed on 8/12/16 for failure to make payments and/or to appear at the
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§ 341(a) meeting.
16-11373 - Filed by Alejandro Contreras on 7/20/16 -- the day before the hearing on the motion for relief in his wife's case, and while his wife's prior case was still pending, and voluntarily dismissed on 9/9/16. Again, on 8/17/16 relief was granted to the Movant under § 362(d)(4) based on a finding now that Alejandro Contreras was involved in a scheme to hinder, delay, or defraud.
17-10034 - Filed by Alejandro Contreras on 1/10/17 and dismissed on 2/16/17 based on failure to make plan payments and/or to appear at the § 341(a) meeting. A motion for relief filed by a different creditor was pending at the time of dismissal. § 362(d)(4) relief was granted after dismissal based on a finding of a scheme to hinder, delay or defraud.
17-10357 - Filed by Araceli Contreras on 3/1/17 and voluntarily dismissed on 5/2/17. A motion to continue the stay was denied.
§ 362(d)(4) relief has been granted at least three times against one of the debtors -- and possibly more often as there were many personal property relief motions among these cases. The debtors have had several attorneys over the course of these cases; these were not pro se cases filed by unsophisticated debtors. Cases have been filed back to back, with motions for relief pending or just granted to the other debtor. The debtors have never confirmed a chapter 13 plan in nine chapter 13 cases.
It is baffling to the court how the debtors, through counsel, have the nerve to appear here now and make the argument that this record provides no evidence of a scheme to hinder, delay, or defraud creditors. The court expects more from the members of the bar. The idea that additional testimony of the Movant would be necessary to prove that its foreclosure was hindered by this record is ridiculous. The debtors' opposition is utterly without merit and contributes to the court's finding that the debtors are acting in bad faith.
Grant under § 362(d)(4) based on ample evidence;
deny relief under § 362(d)(1) (case has been dismissed); deny relief under para. 11;
deny request for reimbursement of attorney's fees mentioned on continuation page (no authority cited).
11:30 AM
Debtor(s):
Araceli Contreras Represented By Matthew D. Resnik
Joint Debtor(s):
Alejandro Contreras Represented By Matthew D. Resnik Matthew D. Resnik
Movant(s):
U.S. Bank National Association as Represented By
Diane Weifenbach
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 32
The Motion doesn't have evidence supporting the lack of postpetition payments. The Debtor raises this, but then seems to concede the point, saying that she intends to be current or negotiated an APO by the time of the hearing.
The Movant says this is the sixth case involving the property that is the subject of the Motion, but it is the seventh. The court takes judicial notice of the following facts:
2:17-11698 – Chapter 13 case filed pro se by Tammy English on 2/13/17. Dismissed on 3/3/17 for failure to file documents. Notice of the petition filing was sent by BNC to the debtor at the Property address (one notice was sent to the home address which was different, but the Property address was the mailing address and multiple notices were sent to the Property address).
2:18-16694 - Chapter 13 case filed pro se by Tammy English on 6/11/18. Dismissed on 6/29/18 for failure to file documents. Like the prior case, at least the notice of the filing and § 341(a) meeting was sent by BNC to the debtor at the Property address (other notices were sent to the home address which was different).
2:18-19335 – Chapter 13 case filed pro se by Tammy English on 8/14/18. Dismissed with a 180-day bar at a confirmation hearing on 11/1/18. Like the two prior cases, some notices were sent to the home address which is not the Property address, but the notice of case and § 341(a) meeting was
11:30 AM
sent to the Property address.
9:19-10549 – Chapter 7 case filed by Christopher D. English on 3/27/19 through counsel. Relief from stay was granted to Chase, which appears to be the Movant’s predecessor. Discharge entered on 7/22/19. Notice of the petition filing was sent by BNC to the debtor at the Property address.
9:19-11516 – Chapter 13 case filed by Christopher D. English on 9/6/19 through counsel. Dismissed on 9/30/19 for failure to file documents.
Notice of the petition filing was sent by BNC to the debtor at the Property address.
9:19-11747 – Chapter 13 case filed pro se by Christopher D. English on 10/23/19 and dismissed on 11/12/19 for failure to file documents. Notice of the petition filing was sent by BNC to the debtor at the Property address.
The most recent case is the seventh case.
Much of what is argued in the opposition is nonsensical or not credible. First, she claims to have been ignorant of the three prior cases filed in her name until March 2019. But the docket in each of those cases indicates that BNC sent notices of those cases addressed to the Debtor at the property address. She was also served with the notice of dismissal of her third case with a bar to refiling. It is simply not reasonable to conclude that the Debtor had no knowledge of any of these cases until March 2019.
Next, the debtor claims that she learned from her new lawyer, David Shevitz, that she "may not" be eligible for chapter 13. But she also asserts that she hired Mr. Shevitz because he practices in chapter 11, while her prior lawyer, Sarah Shapero, does not. So she evidently knew before hiring her new attorney that she was ineligible for chapter 13. Her husband scheduled the mortgage debt at
$1.72 million in his last case. The opposition asserts that there is debt of approximately $2.4 million secured by the Property, so her eligibility for chapter
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13 is not even a close call. The court has to question whether all of the chapter 13 cases were filed in bad faith with knowledge of ineligibility (the debtor's husband had counsel in his first chapter 13 and the debtor has had three attorneys so far in this case). The debtor waited until the day of the 4/16/20 confirmation hearing to file her motion to convert to chapter 11.
The debtor's arguments about changed financial situation somehow rebutting bad faith are unconvincing, even if changed financial circumstances were a basis to rebut a bad faith finding in the context of a relief from stay motion (and there is no authority cited to support such a contention). She says she started a salon job providing $1,000/month, but admits that the salon is closed due to
COVID-19. She notes that she "recently" "made arrangements" to rent part of their property for which they will receive $4,000/month, but does not explain what the arrangements are or why they are "scheduled" to generate that amount. She claims that her husband has job offers at higher pay than he currently receives, but the "evidence" is a photo of a 3/9/20 letter to her husband with a conditional offer with guaranteed income for only six months. This letter is dated after the petition date. The debtor also admits that her husband has not accepted a new job and everything is on hold; any increase in future income is speculative at best.
Even more unconvincing are the debtor's arguments regarding filing and dismissal history. The Debtor has taken no action since receiving BNC notices three years ago in the first bankruptcy case she claims was fraudulently filed. She and her husband admit that at least the two most recent cases were filed specifically to stop an imminent foreclosure sale. Both were dismissed for failure to file documents. The debtor provides no explanation as to why the filing of multiple skeletal petitions with no apparent effort to confirm a chapter 13 plan are not indicia of repeat filing in bad faith. That the debtor and her husband believed they "had to" file the most recent three cases to save their home does not contradict a scheme to hinder, delay, or defraud creditors. This is the fourth case filed in less than a year. A "bad faith" finding does not require a finding of fraud, malice, or ill will. Leavitt v. Soto (In re Leavitt), 171 F.3d 1219, 1224-25 (9th Cir. 1999). The totality of the circumstances here clearly support a finding of
11:30 AM
bad faith.
Grant under § 362(d)(1) (based on bad faith, as there is no evidence re: payments) and (d)(4). The evidence supports a finding of a scheme to hinder, delay, or defraud.
Deny para. 11 extraordinary relief.
Deny request for reimbursement of attorney's fees mentioned on continuation page (no authority cited).
Debtor(s):
Tammy Jo English Represented By
David Samuel Shevitz
Movant(s):
U.S. BANK NATIONAL Represented By Diane Weifenbach
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 23
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
SO. CAL MEDICAL GLAMOR Represented By
Michael S Kogan
Movant(s):
Ascentium Capital LLC Represented By Andrew K Alper
11:30 AM
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 9
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(4).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay. Deny other requested relief.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
Debtor(s):
Kelley Leigh Sukalski Represented By
Raj T Wadhwani
11:30 AM
Movant(s):
MidFirst Bank Represented By Nancy L Lee
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 12
The debtor filed this motion to redeem personal property, a 2013 Honda Odyssey (the "Vehicle"), under section 722 by paying the secured creditor the amount of the allowed secured claim in full at the time of redemption. The debtor requests that the court order that the allowed secured claim and the redemption value to be
$5,004.00. The debtor provides evidence to show that the Vehicle is in "rough" condition, which adjusts the retail value to $8,548.00, instead of the "average" condition value of $9,188.00. See Motion at 39-48, Exhibits 8-10. However, the debtor also subtracts $3,544.00 from the retail value for repairs that the debtor estimates are necessary "to get car ready for sale." See id., Exhibit 10. The estimated repairs listed in Exhibit 10 are (1) $374 for EGR Valve; (2) $671 for seat belt; (3) $1,745 Honda Maintenance estimate; (4) $500 for Interior Repair Panels/Detail Movant Estimation; (5) $1,500 for Bumper Repair Movant Estimation; and (6) $1,500 for other "Estimated Repairs." Id. Then, the debtor, deducts the $746 difference between the average condition retail value and the rough condition retail value from the repairs total, which means that the actual base value would be using the average condition's value. Based on these total repairs cost, the debtor subtracts $3,544 from the "rough" condition value of the Vehicle.
The Debtor isn't approaching redemption correctly. Based off the repair estimates attached to the motion, it appears the debtor requested price quotes from a dealership on fixing all the problems that are wrong with the Vehicle.
Deducting all the costs to fix every problem with the car (e.g., $1,700 for basic maintenance and $671 for a center third row seat belt) is not the correct mechanism for determining the amount of the allowed secured claim. The debtor states that she believes deducting the costs of all the repairs is "the appropriate value of the car for redemption purposes." Motion at 6, paragraph 9. But the debtor provides no legal authority to support the contention that deducting every cost of repair is permissible to determine the amount of an allowed secured claim
11:30 AM
for the purposes of redemption -- and this is probably because there is no authority to support this approach.
In order to determine the "retail value" for a vehicle under sections 506(a)(2) and 722, the amount of the claim must be "based on the replacement value of such property as of the date of the filing of the petition without deduction for costs of sale or marketing," and "replacement value shall mean the price a retail merchant would charge for property of that kind considering the age and condition of the property at the time the value is determined." § 506(a)(2). In determining replacement value of vehicles, courts generally use retail value guides as a starting point for determining value under § 506(a)(2), but courts can adjust the replacement value based on a case-by-case analysis of the vehicle's condition. See In re Morales, 387 B.R. 36, 41-43 (Bankr. C.D. Cal. 2008).
Here, this condition adjustment of the Vehicle's replacement value would be reflected by the court using the "rough" condition value, but that adjustment based on condition is not the same thing as deducting the costs of all repairs from the replacement value. Thus, the debtor's adjustment deduction of $3,544 does not appear to be warranted under the circumstances. In the evidence the debtor attached, edmunds.com's website states that a vehicle with a "rough" valuation would be one with the need for several "significant repairs," including mechanical, comestic, and emissions issues. See Motion at 5, paragraph 7. Thus, the significant repairs discussed by the debtor appear to be contemplated by using the adjusted "rough" valuation of the Vehicle. See In re Morales, 387
B.R. at 43-44. She is then subtracting even more for these significant repairs even though they are already taken into account for a "rough" condition vehicle.
Therefore, based off the evidence provided and using an adjusted replacement value of the Vehicle, the allowed secured claim on the Vehicle appears to be much closer to $8,548 than the Debtor's $5,004 number, which effectively double counts repair costs.
The court recognizes that the Debtor has identified significant repairs that may go slightly beyond the "rough" condition value. Therefore, the court will allow redemption with an allowed secured claim of $7,500.
11:30 AM
Debtor(s):
Tanja Njegovec Pro Se
Movant(s):
Tanja Njegovec Pro Se
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [340] Motion to Approve Compromise Under Rule 9019 with The Glen Development Company; Declarations in Support (Gasteier, Philip)
Docket 340
- NONE LISTED -
Debtor(s):
Off The Grid, LLC Represented By Shaune B Arnold Lewis R Landau Tal C. Finney
Joint Debtor(s):
Centrally Grown Holdings, LLC Represented By
Lewis R Landau
Red Mountain Farms, LLC Represented By Lewis R Landau
Movant(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
Trustee(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
11:30 AM
RE: [342] Motion to Consolidate Lead Case Off the Grid, LLC (Case No. 9:18- bk-11352-DS) with Centrally Grown Holdings, LLC (Case No. 9:18-bk-11353-DS); and Red Mountain Farms, LLC (Case No. 9:18-bk-11354-DS) (Gasteier, Philip)
Docket 342
- NONE LISTED -
Debtor(s):
Off The Grid, LLC Represented By Shaune B Arnold Lewis R Landau Tal C. Finney
Joint Debtor(s):
Centrally Grown Holdings, LLC Represented By
Lewis R Landau
Red Mountain Farms, LLC Represented By Lewis R Landau
Movant(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
Trustee(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
11:30 AM
RE: [347] Motion to Approve Compromise Under Rule 9019 with GJD Holdings, LLC, Including Related Relief Regarding Sale; Declarations in Support (Attachments: # 1 Part 2 # 2 Part 3) (Gasteier, Philip)
Docket 347
- NONE LISTED -
Debtor(s):
Off The Grid, LLC Represented By Shaune B Arnold Lewis R Landau Tal C. Finney
Joint Debtor(s):
Centrally Grown Holdings, LLC Represented By
Lewis R Landau
Red Mountain Farms, LLC Represented By Lewis R Landau
Movant(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
Trustee(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
11:30 AM
RE: [29] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: .
Docket 29
- NONE LISTED -
Debtor(s):
AIS Construction Company Represented By William E. Winfield Karen L Grant
Movant(s):
Karen Lynn Grant Represented By Karen L Grant
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
11:30 AM
Docket 78
The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Caroline Marie De Laurell Represented By Michael Jones Sara Tidd
Movant(s):
Caroline Marie De Laurell Represented By Michael Jones Sara Tidd
11:30 AM
L.L.P. as Counsel for Chapter 11 Trustee for Carmela Pagay, Trustee's Attorney, Period: 5/6/2019 to 3/31/2020, Fee: $89,793.25, Expenses: $747.98.
Docket 521
The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs 2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Movant(s):
Sandra McBeth (TR) Represented By Timothy J Yoo
11:30 AM
Trustee(s):
Adam D Grant Todd M Arnold Carmela Pagay
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
$332.05. (McBeth (TR), Sandra)
Docket 525
The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs 2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Movant(s):
Sandra McBeth (TR) Represented By Timothy J Yoo
11:30 AM
Trustee(s):
Adam D Grant Todd M Arnold Carmela Pagay
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Docket 527
The invoice attached to the application includes a total (including fees and expenses) of $99,700.38, which is less than the amount requested. The
$25,762.50 retainer is not accounted for in the invoices, but subtracting the retainer amount from the total fees and costs still does not correspond (requested fees and expenses less the retainer balance = $100,078.88).
The court can't allow more than what is in the billing detail.
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
$47096.50, Expenses: $23983.06.
Docket 528
The application is not properly signed. Mr. Grant used a signature font for his signatures, but he did not e-file the document; Mr. Goodman did. Mr. Grant also filed another declaration (Docket No. 540) which is not properly signed. Please lodge signature pages.
The balance on allowed fees and expenses together is $77,335.03. The declaration filed after the application addresses an expense for a court reporter at the state court trial and splitting of the cost with the other parties. There are charges on the current application for court recorder fees, but they are in multiple entries. Mr. Grant’s declaration, while apparently meant to clarify something, does not explain why it was filed or the effect on the application – does it mean that ABG received some other payments so the amount of an award should be decreased? Or is ABG requesting by the declaration more than the requested amount set forth in the application and the notice? Without additional guidance, it seems that ABG received 1/3 contribution from co-defense counsel, so the amount of an award should be decreased, but the court is unable to tell for certain or to calculate the correct amount.
Please provide clarification at the hearing.
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Trustee(s):
Sandra McBeth (TR) Represented By
11:30 AM
Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Docket 529
The application is not properly signed. Mr. Grant used a signature font for his signatures, but he did not e-file the document; Mr. Goodman did. Mr. Grant also filed another declaration (Docket No. 540) which is not properly signed.
There is no declaration from the Trustee in support of the application.
Please file a declaration from the Trustee and lodge signature pages for Mr. Grant.
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Movant(s):
Alpert, Barr & Grant Represented By Andrew Goodman
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Docket 534
As with their last application, this application includes numerous messenger charges to file documents with the court that could have been filed electronically and to deliver judge’s copies that could have been sent by regular mail. Why is a messenger filing notices of continued status conference? There are multiple such charges on single days, presumably because the Committee filed similar documents in each of the adversary proceedings at the same time. But there is no reason all of these could not have been e-filed and copies served by mail. There were twelve separate charges for "file notice of lodgment" on one day – 12/15/18. There are similar such charges on many other dates (see ECF pp. 362-371). It is absolutely unnecessary and a waste of estate funds to incur a
$12.75 messenger fee per document to deliver numerous non-rush documents to the court.
As a recent example, Marshack Hays recently incurred eight charges of $12.75 each on 3/15/20 to file stipulations to continue, status reports, and a notice of withdrawal, and also a charge of $148 to deliver a copy of the withdrawal of notice of pendency of action (this is not the one that was recorded – there is another charge for that). That is a total of $250 to deliver documents to the court that should have been e-filed and mailed with regular postage. None of this was urgent or needed personal delivery. Marshack Hays did this over and over again through out the second interim period. Counsel was admonished about excessive messenger use at the first hearing, but it has persisted. An unjustifiable total of $6,698.33 was spent in the "delivery services/messengers" category alone – this did not include postage. These expenses should be disallowed, with the firm able to file a declaration and itemized list justifying any messenger expenses they believe were truly necessary.
Approximately $850 was incurred for travel and hotel expenses for hearings. Hotel costs should not be at the estate’s expense.
11:30 AM
Marshack Hays attached a 91-page printout of the court’s own docket in this case to its application. This is wasteful and unnecessary, and needlessly added to the postage and copying expenses in this case.
Approve the application for all fees and $11,578.04 in expenses (reduction of
$6,698.33), less amounts for hotel expenses (please provide detail on those expenses -- the billing information does not specifically include the amount spent on hotel stays).
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Movant(s):
The Official Committee of Represented By Richard A Marshack Chad V Haes
Judith E Marshack
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Docket 535
The application seeks additional amounts from what was approved the first interim period. The first interim application sought fees and expenses for 11/1/18 through 9/21/18, and the court approved the requested fees. The second interim application seeks fees and expenses from 8/28/18 through 3/31/20. Force Ten does not explain why it now seeks compensation that would have been part of the first interim period. This does not give the court confidence that Force Ten keeps contemporaneous records of its time and costs.
The detailed invoice attached to the application (Exhibit B) does not include totals for time or fees, and the court should not have to manually total many dozens of entries. Please file a supplemental invoice showing the totals.
Signatures of Brian Weiss on the application are clearly not conforming holographic signatures. They appear to have been made electronically with a stylus. Please lodge signature pages.
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Movant(s):
The Official Committee of Represented By Richard A Marshack Chad V Haes
11:30 AM
Trustee(s):
Judith E Marshack
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
RE: [133] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III . (Fittipaldi, Brian)
FR. 3-24-20
Docket 133
- NONE LISTED -
Debtor(s):
Rosario Perry Represented By Michael R Totaro
Candice Candice Bryner Anna Landa
Jeremy Faith
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
Telephonic Hearing
FR. 11-5-19, 1-6-20, 1-16-20, 1-23-20, 1-30-20, 3-16-20
Docket 416
- NONE LISTED -
Debtor(s):
Aimee Nozzi Represented By
Stella A Havkin
11:30 AM
RE: [156] Application for Compensation - First and Final Application by Resnik Hayes Moradi LLP, Former General Bankruptcy Counsel for the Debtor, for Allowance of Fees and Reimbursement of Costs for the Period September 7, 2017 Through April 30, 2019; Declaration of Matthew D. Resnik in Support Thereof, with Proof of Service for Matthew D. Resnik, Debtor's Attorney, Period: 9/7/2017 to 4/30/2019, Fee: $96,786.50, Expenses: $1,913.34.
FR. 12-5-19, 1-7-20, 3-3-20
Docket 156
The court denied the request to continue this hearing for a third time. Please be prepared to update the court on this application.
12/5 Tentative Ruling:
The opposition to the application raises some serious issues, and the court notes that the duplicate entries acknowledged by counsel -- along with the lack of a plan or settled claims during counsel's tenure in this case -- would require a reduction of fees even setting aside the allegations made in the opposition. The
$2,500 reduction offered by counsel is a start.
Debtor(s):
Selfridge Partners, LLC Represented By William E. Winfield
Movant(s):
Selfridge Partners, LLC Represented By William E. Winfield
11:30 AM
RE: [147] Debtor's Proposed Chapter 11 Plan of Reorganization FR. 1-21-20, 3-3-20
Docket 147
Please update the court on the status of this case. Are there any ballots accepting the plan?
Debtor(s):
Selfridge Partners, LLC Represented By William E. Winfield
11:30 AM
Adv#: 9:18-01057 Corporate Recovery Associates, LLC v. Chen
RE: [1] Adversary case 9:18-ap-01057. Complaint by Corporate Recovery Associates, LLC against Lynn Chen. (Charge To Estate). Complaint to Avoid and Recover Preferential Transfers of Property [11 U.S.C.Sections 547, 550 and 551] Nature of Suit: (12 (Recovery of money/property - 547 preference)) (Levin, Andrew)
FR. 12-19-18, 2-12-19, 3-19-19, 11-13-19, 3-3-20
Docket 1
- NONE LISTED -
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
Lynn Chen Represented By
John P Byrne
Plaintiff(s):
Corporate Recovery Associates, Represented By Robert E Opera Andrew B Levin Joseph M Sholder Felicita A Torres Christian A Orozco
11:30 AM
Adv#: 9:19-01039 McBeth v. Platinum Investments Group, LLC et al
RE: [1] Adversary case 9:19-ap-01039. Complaint by Sandra K. McBeth against Platinum Investments Group, LLC, Idalid Byrns, Ryan Byrns. (Charge To Estate). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)) (Torres, Felicita)
FR. 10-10-19, ADVANCED FROM 12-12-19
FR. 12-5-19
Docket 1
- NONE LISTED -
Debtor(s):
Ventura M Juarez Represented By
Michael Grennier - INACTIVE -
Defendant(s):
Platinum Investments Group, LLC Represented By
Reed H Olmstead
Idalid Byrns Represented By
Reed H Olmstead
Ryan Byrns Represented By
Reed H Olmstead
Joint Debtor(s):
Catalina G Juarez Represented By
Michael Grennier - INACTIVE -
11:30 AM
Plaintiff(s):
Sandra K. McBeth Represented By Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
Adv#: 9:18-01045 Burcar et al v. Hamm, II
RE: [123] Motion for Attorney's Fees, Memorandum of Points and Authorities, and Proof of Service
Docket 123
- NONE LISTED -
Debtor(s):
Charles Ardeil Hamm II Pro Se
Defendant(s):
Charles Ardeil Hamm II Pro Se
Movant(s):
Shanna Burcar Represented By Jeffrey Belton
John C. Barlow Represented By Jeffrey Belton
Nancy Barlow Represented By Jeffrey Belton
Shanna Burcar Pro Se
John C. Barlow Pro Se
Nancy Barlow Pro Se
John C. Barlow Pro Se
Nancy Barlow Pro Se
11:30 AM
Shanna Burcar Pro Se
Plaintiff(s):
Shanna Burcar Represented By Jeffrey Belton
John C. Barlow Represented By Jeffrey Belton
Nancy Barlow Represented By Jeffrey Belton
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Adv#: 9:20-01027 Namba v. Rojas et al
Docket 1
- NONE LISTED -
Debtor(s):
Canyon Crest Ranch Partners- Represented By Dana M Douglas
Defendant(s):
James Rojas Pro Se
Sugira Limited, LLC, AKA Sugari Pro Se Texas Tart, LLC, a California Pro Se
Texas Tart, LLC, a Delaware Pro Se Texas Tart, a Delaware Corporation Pro Se Dru Peterson Pro Se
Susan Peterson Pro Se
Jodi A. Proud Pro Se
11:30 AM
Plaintiff(s):
Jerry Namba Represented By
Louis H Altman Vanessa M Haberbush
Trustee(s):
Jerry Namba (TR) Represented By Aaron E de Leest Brad Krasnoff
11:30 AM
Adv#: 9:19-01014 Williams v. Lytel
RE: [47] Motion For Summary Judgment Notice of Motion for Summary Judgment Against Plaintiff; Memorandum of Points and Authorities; Declaration of M. Jonathan Hayes in Support Thereof, with Proof of Service
Docket 47
- NONE LISTED -
Debtor(s):
Kipley James Lytel Represented By Matthew D. Resnik
Defendant(s):
Kipley James Lytel Represented By
M. Jonathan Hayes
Movant(s):
Kipley James Lytel Represented By
M. Jonathan Hayes
Plaintiff(s):
Oscar Williams Represented By William C Beall
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
Adv#: 9:19-01014 Williams v. Lytel
RE: [25] Amended Complaint with proof of service by William C Beall on behalf of Oscar Williams against Kipley James Lytel. (RE: related document(s)1 Adversary case 9:19-ap-01014. Complaint by Oscar Williams, Kipley James Lytel against Kipley James Lytel. (Beall, William)
FR. 12-5-19, 2-18-20
Docket 25
The parties have stipulated to continue the hearing on the motion for summary judgment to 6/16/20 at 11:30 a.m. See Docket No. 52.
Continue to 6/16/20 at 11:30. No appearances required on 5/5/20.
Debtor(s):
Kipley James Lytel Represented By Matthew D. Resnik
Defendant(s):
Kipley James Lytel Represented By
M. Jonathan Hayes
Plaintiff(s):
Oscar Williams Represented By William C Beall
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
Adv#: 9:20-01026 Faith v. Reed
Docket 1
- NONE LISTED -
Debtor(s):
Kevin B. Gilgallon Represented By Karen Ware
Defendant(s):
Kimberly Reed Pro Se
Plaintiff(s):
Jeremy Faith Represented By
David M Goodrich
Trustee(s):
Jeremy W. Faith (TR) Represented By David M Goodrich
2:30 PM
Fr.10-22-19,12-4-19, 2-5-20,3-23-19
Docket 1
Continue to 5/19/20. No appearances on 5/7/20.
Debtor(s):
Linda Jean Phillips Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
2:30 PM
Docket 90
There will be no apperances on this matter. The court's final ruling is below.
Pursuant to Local Bankruptcy Rule 9013-1(j), the court, in its discretion, may dispense with oral argument. Here, oral argument is not needed and the court will dispense with a hearing on the Motion. L. Bankr. R. 9013-1(j); See also In re Bibo, Inc., 76 F.3d 256, 258-59 (9th Cir. 1996) (holding that, under the Bankruptcy Code, "‘after notice and a hearing’, or a similar phrase . . . means after such notice as is appropriate in the particular circumstances, and such opportunity for a hearing as is appropriate in the particular circumstances").
The court has reviewed the motion, the opposition, the response of the creditors' committee, and the debtor's reply and is in a position to rule on the motion based on the papers and the record in this case.
A Chapter 11 debtor has the exclusive right to file a plan during the first 120 days of a bankruptcy case and obtain acceptance of its plan for the first 180 days of the case. See 11 U.S.C. § 1121(b) & (c). A bankruptcy court may reduce or increase, up to certain limits, the exclusivity periods for “cause.” See 11 U.S.C. § 1121(d). In determining whether to extend exclusivity, courts typically consider the following factors:
(1) the size and complexity of the case; (2) the necessity of sufficient time to permit the debtor to negotiate a plan of reorganization and prepare adequate information; (3) the existence of good faith progress toward reorganization; (4) the fact that the debtor is paying its bills as they become due; (5) whether the debtor has demonstrated reasonable prospects for filing a viable plan; (6) whether the debtor has made progress in negotiations with its creditors; (7) the amount of time which has elapsed in the case; (8) whether the debtor is seeking an extension of exclusivity in order to pressure creditors to submit to the debtor's reorganization demands; and (9) whether an unresolved
2:30 PM
contingency exists. In re Dow Corning Corp., 208 B.R. 661, 664-65 (Bankr.
E.D. Mich. 1997); see In re Henry Mayo Newhall Mem’l Hosp., 282 B.R. 444, 452 (B.A.P. 9th Cir. 2002) (citing approval of the factors used in In re Dow Corning Corp.).
The Dow Corning factors are non-exhaustive and the "transcendent consideration is whether adjustment of exclusivity will facilitate moving the case forward toward a fair and equitable resolution." In re Henry Mayo Newhall Mem'l Hosp., 282 B.R. at 453.
Here, the Dow Corning factors weigh in favor of granting the motion. This case is relatively large and complex—the Debtor had revenue of about $36 million in 2018 and 2019. It is reasonable for the Debtor to request more time to negotiate and propose a plan of reorganization, especially considering the recent impact of the COVID-19 pandemic on the real estate market and the Debtor’s business. This case has only been pending for a little over 3 months, and less than COVID-19 pandemic led to declarations of national and state emergencies and state and local stay-at-home orders. The Debtor appears to be in compliance with its obligations as a chapter 11 debtor and court orders in this case. There is no evidence that the Debtor is not proceeding in good faith.
The court also notes that the Committee does not oppose the requested extension, and the Debtor has indicated a willingness to work with the Committee regarding acceptable plan terms. See Reply at 3:20-22, Docket No. 108. The court sees nothing at this stage to suggest that the Debtor is requesting an extension of the exclusivity periods "in order to pressure creditors to submit to the debtor's reorganization demands." See Dow Corning Corp., 208 B.R. at 664-65.
The court finds that most, if not all, of the factors weigh in favor of granting the Debtor’s requested extension of the exclusivity periods.
Creditor and shareholder Scullin opposes the Motion, requesting denial or a shortened extension without refuting the Debtor's demonstration of cause for an extension under section 1121(d). Instead, Scullin argues that because of the COVID-19 disruption, "the exclusivity period should terminate thereby allowing all affected parties to have a seat at the table and try to formulate a
2:30 PM
creative and viable exit strategy for the Debtor." Id. at 3:14-19. Scullin argues that a 120-day extension is "unreasonable" because the Debtor’s value may be declining due to the COVID-19 pandemic, but Scullin offers no evidence in support of his speculation. See id. at 3:20-4:4. Nor does he offer any argument as to why his proposed shorter extension of 60-90 days is merited.
Because the Debtor has established "cause" under § 1121(d) (see Dow Corning Corp., 208 B.R. at 664-65) and the opposition fails to refute the arguments supporting an extension, the court will grant the motion and extend the exclusivity period deadlines by 120 days.
Movant to lodge order within seven days.
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
Movant(s):
NAI Capital, Inc. Represented By Ron Bender Ron Bender Ron Bender Todd M Arnold Todd M Arnold Todd M Arnold Lindsey L Smith Lindsey L Smith Lindsey L Smith
2:30 PM
Docket 91
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant all requested relief.
Movant to lodge order within seven days.
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
Movant(s):
NAI Capital, Inc. Represented By Ron Bender Ron Bender Ron Bender Todd M Arnold
2:30 PM
Todd M Arnold Todd M Arnold Lindsey L Smith Lindsey L Smith Lindsey L Smith
10:00 AM
Adv#: 9:17-01085 The Cambria Moonstone, LP v. First-Citizens Bank & Trust Company et al
RE: [24] Adversary case 9:17-ap-01085. Amended Complaint by The Cambria Moonstone, LP against FIRST CITIZENS BANK. (Charge To Estate). Nature of Suit: (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Beall, William)
Docket 1
Debtor(s):
The Cambria Moonstone, LP Represented By William C Beall
Defendant(s):
First-Citizens Bank & Trust Represented By
Tom Roddy Normandin
Plaintiff(s):
The Cambria Moonstone, LP Represented By William C Beall
10:30 AM
Adv#: 9:19-01035 Harandi v. Harandi
RE: [1] Adversary case 9:19-ap-01035. Complaint by Elizabeth Ann Harandi, Farshad Fasihi Harandi against Farshad Fasihi Harandi. priority or extent of lien or other interest in property)),(91 (Declaratory judgment)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(81 (Subordination of claim or interest))(Winston, Brandon)
Docket 1
Debtor(s):
Farshad Fasihi Harandi Represented By David A Tilem
Defendant(s):
Farshad Fasihi Harandi Represented By David A Tilem
Plaintiff(s):
Elizabeth Ann Harandi Represented By Brandon Winston
1:00 PM
Adv#: 9:19-01035 Harandi v. Harandi
RE: [1] Adversary case 9:19-ap-01035. Complaint by Elizabeth Ann Harandi, Farshad Fasihi Harandi against Farshad Fasihi Harandi. priority or extent of lien or other interest in property)),(91 (Declaratory judgment)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(81 (Subordination of claim or interest))(Winston, Brandon)
Docket 1
Debtor(s):
Farshad Fasihi Harandi Represented By David A Tilem
Defendant(s):
Farshad Fasihi Harandi Represented By David A Tilem
Plaintiff(s):
Elizabeth Ann Harandi Represented By Brandon Winston
11:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Carolina Guzman Meza Pro Se
Movant(s):
Easy Financial LLC Represented By
David I Brownstein
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 7
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Christa Soto Represented By
Vaughn C Taus
Movant(s):
American Honda Finance Represented By Vincent V Frounjian
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [75] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 971 VISALIA STREET, PISMO BEACH, CA 93449 . (Ferry, Sean)
FR. 1-29-20, 2-26-20, 3-25-20
FR. 5-6-20
Docket 75
Ruling for March 25, 2020
Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.
Ruling for February 26, 2020
Continued to March 25, 2020 at 10:30 a.m.
Ruling for 1/29/20: Continued to 2/26/20 at 10:30 a.m.
Debtor(s):
David Allen Yatsko Represented By Chris Gautschi
Movant(s):
Deutsche Bank National Trust Represented By Sean C Ferry Keith Labell
11:30 AM
Trustee(s):
Theron S Covey Eric P Enciso
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [79] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2289 East Marilyn Street, simi Valley, CA 93065 with proof of service. (Richey, Cassandra)
FR. 8-16-19, 9-18-19, 2-26-19, 2-26-20, 3-25-20
FR. 5-6-20
Docket 79
Ruling for March 25, 2020
Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.
Ruling for February 26, 2020
Tentative vacated. Continued to March 25, 2020 at 10:30 a.m. Movant to file and serve notice.
Tentative Ruling for February 26, 2020
Deny. The Debtor filed opposition to the Motion on July 31, 2019; Movant has failed to file any reply to the Debtor's opposition.
Ruling for December 18, 2019
Continued to February 26, 2020 at 10:30 a.m. Movant to give notice.
Ruling for 8/16/19: Stip to cont. lodged. Continued to 9/18/19 at 10:30 a.m.
11:30 AM
Debtor(s):
Carol M Shilkett Represented By Andy C Warshaw
Movant(s):
Wilmington Trust, National Represented By Shreena Augustin Sean C Ferry Madison C Wilson Can Guner Cassandra J Richey
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 28
- NONE LISTED -
Debtor(s):
Joshua D. Ganzhorn Represented By Nathan A Berneman
Joint Debtor(s):
Jennifer Ganzhorn Represented By Nathan A Berneman
Movant(s):
Honda Lease Trust Represented By Vincent V Frounjian
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [44] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 205 S Sage St, Lompoc, California 93436-6422 with Exhibits and Proof of Service. (Zahradka, Robert)
FR. 5-7-20
Docket 44
- NONE LISTED -
Debtor(s):
Rocelia Rodriguez Solis Represented By James C Ames
Movant(s):
Quicken Loans Inc. Represented By Robert P Zahradka
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [67] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 13973 Christian Barrett Drive, Moorpark, California 93021.
FR. 2-26-20, 3-25-20
FR. 5-6-20
Docket 67
REVISED Ruling for March 25, 2020
On March 23, 2020, Specialized Loan Servicing, LLC ("Secured Creditor") lodged an order (the "Proposed APO") approving an adequate protection stipulation (the "Stipulation") which, if entered, would resolve this Motion. The Court has concerns about paragraph 11 of the Proposed APO and will not approve the Stipulation in its current form.
Paragraph 11 provides that "in the event this case is converted to a Chapter 7 proceeding, the automatic stay shall be terminated as to the Debtors only without further notice, order, or proceedings of the court. If the automatic stay is terminated as a matter of law, the terms of this Order shall immediately cease in effect and Movant may proceed to enforce its remedies under applicable non-bankruptcy law against the property and/or against the Debtors." The Court believes that such a procedure lacks due process and prefers instead procedures in which the stay is terminated only upon order of the Court, after reasonable notice and an opportunity for objection by the chapter 7 trustee, the Debtor and other parties in interest.
If the parties amend their stipulation to address the Court’s concerns, the Court will approve it. Until such an amended stipulation is filed, the hearing on the Motion is continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 are waived. If an amended stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial
11:30 AM
of the motion for failure to prosecute.
Ruling for February 26, 2020
Continued to March 25, 2020 at 10:30 a.m.
Debtor(s):
Laurie Ann Jabbour Represented By James Studer
Movant(s):
Specialized Loan Servicing LLC Represented By
John Rafferty Erin M McCartney
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [37] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1023 Superior Street, Santa Maria, California 93458 with Exhibits and Proof of Service. (Zahradka, Robert)
FR. 3-25-20, 5-6-20
Docket 37
Ruling for March 25, 2020
Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.
Ruling for 2/10/20: Cont. to 3/25/20 at 10:30 a.m. Movant to file and serve a notice of continued hearing.
Tentative Ruling for February 10, 2020
Grant. No opposition filed. Movant to lodge an order by February 17, 2020. Appearances waived.
Debtor(s):
Susana C Novoa Represented By Michael B Clayton
Movant(s):
Bank of America, N.A. Represented By
11:30 AM
Trustee(s):
Robert P Zahradka
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [77] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 Audi SQ5 VIN No.WA1CGAFPXEA054890 with Proof of Service. (Jereza, Raymond)
FR. 12-18-19, 1-29-20, 2-26-20, 3-25-20, 5-6-20
Docket 77
- NONE LISTED -
Debtor(s):
Roy G Howat Represented By
John K Rounds
Movant(s):
JPMorgan Chase Bank, N.A. Represented By Josephine E Salmon Raymond Jereza
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [20] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1300 East Chestnut Avenue, Lompoc, CA 93436 . (Castle, Caren)
FR. 10-2-19, 11-6-19, 12-4-19, 1-29-20, 2-26-20, 3-25-20
FR. 5-6-20
Docket 20
Ruling for March 25, 2020
Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.
Ruling for February 26, 2020
Continued to March 25, 2020 at 10:30 a.m.
Ruling for 1/29/20: Continued to 2/26/20 at 10:30 a.m.
Ruling for December 4, 2019: Continued to 1/29/20 at 10:30 a.m.
Both sides may supplement the record no later than 1/17/20. On 1/24/20, parties may file a response. On 1/29/20, the Court will rule on this Motion. In the interim, the parties should seek to work out a stay current APO.
Ruling for 11/6/19: Continued to 12/4/19 at 10:30 a.m.
Ruling for October 2, 2019: Continued to 11/6/19 at 10:30 a.m.
11:30 AM
Tentative Ruling for October 2, 2019:
Appearances required.
Debtor(s):
Gilbert Ray De La Mora Represented By James C Ames
Movant(s):
Mortgage Solutions of Colorado, Represented By
Daniel K Fujimoto Caren J Castle
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 18
- NONE LISTED -
Debtor(s):
Debra Ann Moscaritolo Pro Se
Movant(s):
Ronald R. Dodson and Rose Marie Represented By
Don J Pool
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 17
- NONE LISTED -
Debtor(s):
RAUL H YANEZ Represented By
Ronda Baldwin-Kennedy
Movant(s):
Wilmington Trust, National Represented By Cassandra J Richey
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 400
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Emil Hashiman Pro Se
Movant(s):
Jill Lawler Represented By
Karen L Grant
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Docket 214
Continue for proper service.
The professional fee applicant must serve a copy of the application, together with all supporting documents on the chapter 11 trustee. LBR 2016-1(c)(3) (D). The applicant must also serve notice of the hearing on the fee application on the chapter 11 trustee. LBR 2016-1(c)(3)(C).
Here, the Applicant failed to serve the notice of the hearing and a copy of the full application on the recently appointed chapter 11 trustee, David Seror.
The chapter 11 trustee was appointed on 4/1/20 (Docket No. 211), and the Applicant filed the notice and fee application on 4/9/20. According to the Applicant’s proofs of service, Mr. Seror was never served with notice or the application. See Fee App. at 142-43, Docket No. 214; Notice of Fee App. at 3-6, Docket No. 215.
The court can set this matter at the same time as the status conference in the related adversary proceeding. Be sure to provide adequate notice under the rules and notice the continued hearing for June 23, 2020 at 11:30.
Debtor(s):
Farshad Fasihi Harandi Pro Se
Movant(s):
Farshad Fasihi Harandi Pro Se
Trustee(s):
David Seror (TR) Pro Se
10:00 AM
Adv#: 9:19-01035 Harandi v. Harandi
RE: [1] Adversary case 9:19-ap-01035. Complaint by Elizabeth Ann Harandi, Farshad Fasihi Harandi against Farshad Fasihi Harandi. priority or extent of lien or other interest in property)),(91 (Declaratory judgment)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(81 (Subordination of claim or interest))(Winston, Brandon)
Docket 1
Debtor(s):
Farshad Fasihi Harandi Represented By David A Tilem
Defendant(s):
Farshad Fasihi Harandi Represented By David A Tilem
Plaintiff(s):
Elizabeth Ann Harandi Represented By Brandon Winston
11:30 AM
Docket 44
- NONE LISTED -
Debtor(s):
Adriana Elizabeth Velazquez Represented By Reed H Olmstead
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Angie M Marth Erin Elam Jacky Wang Jenelle C Arnold
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 13
- NONE LISTED -
Debtor(s):
Cesar Arnoldo Gonzalez Pro Se
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [29] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: .
FR. 5-5-20
Docket 29
Section 362(d)(1) permits a bankruptcy court to grant relief from the automatic stay upon a showing of "cause." Although Congress did not define cause, "courts in the Ninth Circuit have granted relief from the stay under § 362(d)(1) when necessary to permit pending litigation to be concluded in another forum if the non-bankruptcy suit involves multiple parties or is ready for trial." Truebro, Inc. v. Plumberex Specialty Products, Inc. (In re Plumberex Specialty Products, Inc.), 311 B.R. 551, 556-57 (Bankr. C.D. Cal. 2004) (citing Christensen v. Tucson Estates, Inc. (In re Tucson Estates, Inc.), 912 F.2d 1162, 1166 (9th Cir. 1990) ("Where a bankruptcy court may abstain from deciding issues in favor of an imminent state court trial involving the same issues, cause may exist for lifting the stay as to the state court trial.")).
"Judicial economy is a factor to be considered by bankruptcy courts when deciding lift stay issues." Plumberex, 311 B.R. at 556 (citing Piombo Corp. v. Castlerock Prop. (In re Castlerock Prop.), 781 F.2d 159, 163 (9th Cir. 1986)). The B.A.P. of the Ninth Circuit has noted that "the legislative history of section 362(a) indicates that judicial economy provides sufficient cause to lift the stay to permit the prosecution of action pending elsewhere against a debtor." In re Quintrall, No. 06-1418-MoHB, 2007 WL 7540996, at *4 (B.A.P. 9th Cir. July 5, 2007) (citing In re Santa Clara Cty. Fair Ass’n, Inc., 180 B.R.
564, 566 (B.A.P. 9th Cir. 1995)).
"[I]t will often be more appropriate to permit proceedings to continue in their place of origin, when no great prejudice to the bankruptcy estate would result, in order to leave the parties to their chosen forum and to relieve the bankruptcy court from
11:30 AM
many duties that may be handled elsewhere."
Santa Clara Cty. Fair, 180 B.R. at 566 (citing H.R. Rep. No. 95–595, at 341 (1977); S.Rep. No. 95–989, at 50 (1978), reprinted in 1978 U.S.C.C.A.N.
5787, 5836 (emphasis added)).
Setting aside the issues related to the motion being heard concurrently at Matter #4, the court finds that the Movant has met its burden. The main argument proffered by the Debtor is that the Debtor is insolvent, so the Debtor should not be forced to defend itself against the state court lawsuit. But insolvency is not a sole justification to not grant relief from stay when there is "cause" present, and the Debtor provides no citation to support the proposition that the Motion should be denied on that basis.
The Debtor contends that the Movant has not satisfied its burden of proof, but the Debtor is wrong. The Movant has presented sufficient argument and evidence to show that relief from stay is warranted to allow the Movant to proceed to final judgment and liquidate its claim in the state court case. After all, other than proving the Debtor’s equity in property, the Debtor—not the Movant—bears the burden of proof on all issues regarding the opposition of a relief from stay motion under § 362(d)(1). See § 362(g)(2). The Debtor bears the burden to prove that relief from stay should not be granted to allow the Movant to proceed to final judgment in its state court case. Id.
The Debtor has failed to prove that the Movant should not be able to proceed with its state court action, especially when the Movant is seeking recovery against primarily third parties and the issues in the case are all Hawaii state law causes of action.
Grant.
Debtor(s):
AIS Construction Company Represented By William E. Winfield
11:30 AM
Movant(s):
Karen Lynn Grant Represented By Karen L Grant
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
11:30 AM
Docket 38
- NONE LISTED -
Debtor(s):
AIS Construction Company Represented By William E. Winfield
Movant(s):
Isaac Kinzie Represented By
Karen L Grant
Trustee(s):
John-Patrick McGinnis Fritz (TR) Pro Se
11:30 AM
Docket 75
The court doesn't want to make it difficult for counsel to be paid, but for the second time, the applicant's fee application has a number of procedural and substantive deficiencies. Please be prepared to discuss how to remedy the problems identified below.
Service and Notice Deficiencies
First, LBR 2016-1(a)(2)(A) requires that a professional fee applicant who seeks interim fees in a case where more than one professional person is employed by the estate give other professional persons not less than 45 days’ notice of the date and time for a hearing on the fee application. LBR
2016-1(a)(2)(A) also has specific language that must be included in the notice of the hearing.
Here, the Applicant did not give 45 days’ notice of the hearing on the fee application to other professional persons. The Applicant filed the notice of the hearing on 4/16/20, which is approximately 32 days before the scheduled hearing. See Docket No. 85.
Second, LBR 2016-1(a)(2)(B) requires that a professional fee applicant serve notice of the interim application on the debtor or debtor in possession, the debtor’s counsel, the trustee (if any), the 20 largest unsecured creditors, the U.S. Trustee, and any other party in interest under FRBP 2002.
Here, the Applicant failed to serve notice of the Application on the Debtor or the 20 largest unsecured creditors. See Notice at 3, Docket No. 85.
11:30 AM
Third, in addition to the notice, LBR 2016-1(a)(2)(C) requires a
professional fee applicant to serve a copy of the application, together with all supporting documents, on the debtor or debtor in possession.
Here, the Applicant failed to serve the debtor/debtor in possession with a copy of the Application. See Application at 34, Docket No. 75.
Fourth, LBR 2016-1(a)(2(B) also requires that the notice of the hearing identify the professional person requesting fees, state the period covered by the interim application, state the specific amounts requested for fees and reimbursement of expenses, and state the deadline for filing and serving a written opposition.
Here, the notice of the hearing (Docket No. 85) fails to include any of the required information under LBR 2016-1(a)(2)(B), except that the notice states the date, time, and place of the hearing.
Substantive Deficiency
Overall, the Application itself has fewer deficiencies than the first interim fee application of the Applicant that was denied without prejudice. The Applicant spent a little more time discussing some of the nature of the services performed, but the detail is still lacking in a way that makes it difficult for the court to analyze.
It is still difficult for the court to analyze the total time billed for the task at hand to determine whether it is reasonable and necessary under § 330 because little information is given regarding the type or nature of the services. The only detail the Application provides is that the Applicant represented the Debtor in an appeal of an adverse patent ruling before the Federal Circuit Court of Appeals, which is the same detail that was provided in the first application that the court denied. In the tentative ruling to deny, the court noted that simply stating that the Applicant represented the Debtor in the appeal of an adverse ruling before the Federal Circuit Court of Appeals was not enough detail for the court to determine whether the fees were necessary and reasonable. In the roughly two-page body of the Application under "Factors Relevant in Determining the Allowance of Fees," the Applicant broadly and generally states that the "legal services performed" were "both reasonable and necessary based upon the standards adopted by Courts in awarding attorneys’ fees." Application at 5, Docket No. 75. This is just a
11:30 AM
conclusory statement.
The court understands that the Applicant is probably unfamiliar with the requirements and standards for determining the necessity and reasonableness of fees by a bankruptcy court, but the Application is simply not sufficient to determine whether approximately 90 hours of legal services is reasonable and necessary under §§ 330, 331. While the court understands that patent appeals can be complicated work, there is no information that discusses or describes the nature of the appeal. The Applicant does not even mention the patent or the patent topic that is at issue. The Applicant provides no detail on the services rendered and the time expended in the body of the Application. See LBR 2016-1(a)(1)(D) (requiring fee applications to include "[a] brief narrative statement of the services rendered and the time expended during the period covered by the application"). The Application is still deficient for lack of detail regarding the services rendered and the time spent to allow the court to determine whether those services and time spent were a reasonable and necessary expense of the Debtor’s bankruptcy estate.
Debtor(s):
Advanced Media Networks, LLC Represented By
Peter T Steinberg
Movant(s):
Meister Seelig & Fein LLP Pro Se
11:30 AM
RE: [156] Application for Compensation - First and Final Application by Resnik Hayes Moradi LLP, Former General Bankruptcy Counsel for the Debtor, for Allowance of Fees and Reimbursement of Costs for the Period September 7, 2017 Through April 30, 2019; Declaration of Matthew D. Resnik in Support Thereof, with Proof of Service for Matthew D. Resnik, Debtor's Attorney, Period: 9/7/2017 to 4/30/2019, Fee: $96,786.50, Expenses: $1,913.34.
FR. 12-5-19, 1-7-20, 3-3-20, 5-5-20
Docket 156
- NONE LISTED -
Debtor(s):
Selfridge Partners, LLC Represented By William E. Winfield
Movant(s):
Selfridge Partners, LLC Represented By William E. Winfield
11:30 AM
RE: [147] Debtor's Proposed Chapter 11 Plan of Reorganization FR. 1-21-20, 3-3-20, 5-5-20
Docket 147
Please update the court on the status of this case. Are there any ballots accepting the plan?
Debtor(s):
Selfridge Partners, LLC Represented By William E. Winfield
11:30 AM
Telephonic Hearing
FR. 11-5-19, 1-6-20, 1-16-20, 1-23-20, 1-30-20, 3-16-20, 5-5-20
Docket 416
- NONE LISTED -
Debtor(s):
Aimee Nozzi Represented By
Stella A Havkin
11:30 AM
Adv#: 9:16-01076 Loebl, Trustee of the Racheal Mofya Distribution T v. McQueen et al
RE: [1] Adversary case 9:16-ap-01076. Complaint by Jeffrey Loebl, Tiffany Nelson against Michael Lee McQueen, Flavia McQueen. fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))
FR. 3-9-20
Docket 1
- NONE LISTED -
Debtor(s):
Michael Lee McQueen Represented By Larry D Webb
Defendant(s):
Michael Lee McQueen Represented By Larry D Webb
Flavia McQueen Represented By Larry D Webb
Joint Debtor(s):
Flavia McQueen Represented By Larry D Webb
Plaintiff(s):
Jeffrey Loebl, Trustee of the Represented By Peter Susi Darin Marx
11:30 AM
Tiffany Nelson,Conservator of the Represented By
Peter Susi Darin Marx
Trustee(s):
Jeremy W. Faith (TR) Represented By Claire K Wu Peter J Mastan
11:30 AM
Adv#: 9:18-01014 RS Construct, Inc. v. The Walt Disney Company et al
Pre-Trial Conference
RE: [1] Adversary case 9:18-ap-01014. Complaint by RS Construct, Inc. against The Walt Disney Company, Disney Incorporated, Walt Disney Parks and Resorts U.S., Inc.. (Charge To Estate). Complaint for Breach of Contract (Attachments: # 1 Adversary Cover Sheet) Nature of Suit: (14 (Recovery of money/property - other)) (Madoyan, Noreen)
FR. 8-13-19, 5-22-19, 8-14-19, 12-17-19
Docket 1
- NONE LISTED -
Debtor(s):
RS Construct, Inc. Represented By Jeremy Faith Monserrat Morales
Defendant(s):
The Walt Disney Company Pro Se
Disney Incorporated Pro Se
Walt Disney Parks and Resorts U.S., Represented By
Patrick Bollig Jeffrey W Griffith Robert P Goe
Plaintiff(s):
RS Construct, Inc. Represented By
11:30 AM
Trustee(s):
Noreen A Madoyan Monserrat Morales Mitchell B Ludwig
Jerry Namba (TR) Pro Se
11:30 AM
Adv#: 9:18-01051 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
Docket 133
- NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
California Franchise Tax Board Represented By John C Keith
Movant(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
D Edward Hays
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo
11:30 AM
Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Adv#: 9:18-01051 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
Docket 143
- NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
California Franchise Tax Board Represented By John C Keith
Movant(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
D Edward Hays
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo
11:30 AM
Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Adv#: 9:18-01051 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [145] Stipulation By THE OFFICIAL COMMITTEE OF UNSECURED
CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation and California Franchise Tax Board, Gurmeet Sahani, and Jasmine Sahani and Chapter 11 trustee, Sandra K. McBeth to Refrain from Prosecution of Certain Claims and Cross-Claims, with Proof of Service
Docket 145
The court thinks that this stipulation was intended to resolve the motions at no. 11 and 12 today, but the court set this for hearing because the court is confused about some things in the stipulation.
Why can't the parties simply agree either to the dismissal of claims and third- party claims (or portions thereof), or to the filing of amended pleadings?
They've made this more complicated than it needs to be and created some problems.
There are no cross claims; they're third party claims. This should be corrected.
Haven't the Committee and the Gurmeet Parties already done all their releasing in connection with the settlement motion? What else is there to release here (see para. 2)? If the parties think there is something being released, they should explain.
What does it mean for the court to approve an agreement to "not prosecute" certain claims? Why leave them pending?
As to the third-party complaint by the FTB, the stipulation refers to reliance on "the FTB’s agreement to refrain from prosecuting any cross-claim related to the Subject Claims." This has the same problem as referred to above with respect to not dismissing, but rather just "not prosecuting" claims. And there
11:30 AM
is no such agreement by the FTB in this stipulation – did they forget to put that in or do they think this oblique reference is a promise by the FTB? Counsel for the FTB signed the stipulation.
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
California Franchise Tax Board Represented By John C Keith
Movant(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
D Edward Hays
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Adv#: 9:18-01045 Burcar et al v. Hamm, II
RE: [123] Motion for Attorney's Fees, Memorandum of Points and Authorities, and Proof of Service
FR. 5-5-20
Docket 123
Rule 37(c)(2) of the Federal Rules of Civil Procedure states:
If a party fails to admit what is requested under Rule 36 and if the requesting party later proves a document to be genuine or the matter true, the requesting party may move that the party who failed to admit pay the reasonable expenses, including attorney's fees, incurred in making that proof. The court must so order unless:
the request was held objectionable under Rule 36(a);
the admission sought was of no substantial importance;
the party failing to admit had a reasonable ground to believe that it might prevail on the matter; or
there was other good reason for the failure to admit.
Fed. R. Civ. P. 37(c)(2).
11:30 AM
The Plaintiffs demonstrate how the Debtor fails to admit several requests for admission that were later proved to be true. Most of the requests that the Debtor failed to admit were not objectionable, the requested admissions were material, the Debtor had no reasonable ground to believe that he might prevail on the fact of the admission, and there is no other good reason for the Debtor to have failed to admit. See Fed. R. Civ. P. 37(c)(2).
The Debtor makes no attempt to challenge any law or authorities for why the Plaintiffs are entitled to attorney’s fees. The Debtor argues that he should have prevailed on the motion for summary judgment. The Debtor tries to make technical arguments, twisting the meaning of "personal knowledge" to something utterly absurd. The Debtor's attempts to justify his frivolous denials and objections to requests for admission are all unpersuasive, and none of those arguments explain why the Plaintiffs are not entitled to attorney’s fees for the continued litigation regarding their anti-SLAPP judgment.
The Plaintiffs explain with detailed and specific authority why and how they are entitled to attorney’s fees for having to defend the anti-SLAPP judgment in this court. The Debtor makes no attempt to argue or challenge the Plaintiffs’ entitlement to these fees under C.C.P. § 425.16. Rules 7054 and 54 allow the prevailing party to recover attorney’s fees if the attorney’s fees would be recoverable under applicable non-bankruptcy law. Travelers Cas. & Sur. Co. of Am. v. Pacific Gas & Elec. Co., 549 U.S. 443, 447-50 (2007).
In addition to the unopposed argument for entitlement to fees under California law, the Plaintiffs are entitled to attorney’s fees for the Debtor’s failures to admit facts that were known to him. Here, the Debtor knew of the transaction and he received a commission from the transaction. Despite the Debtor's best efforts to obfuscate, there's nothing unclear or confusing here.
The Plaintiffs are entitled to an award of attorney’s fees under California law and under Rule 37(c)(2) for the Debtor’s failure to properly answer material requests for admission. The Plaintiffs’ request is also made more reasonable
11:30 AM
by the voluntary reduction in total billed fees by over a one-third reduction. The court will award the Plaintiffs’ attorney’s fees of $60,000.00.
Debtor(s):
Charles Ardeil Hamm II Pro Se
Defendant(s):
Charles Ardeil Hamm II Pro Se
Movant(s):
Shanna Burcar Represented By Jeffrey Belton
John C. Barlow Represented By Jeffrey Belton
Nancy Barlow Represented By Jeffrey Belton
Shanna Burcar Pro Se
John C. Barlow Pro Se
Nancy Barlow Pro Se
John C. Barlow Pro Se
Nancy Barlow Pro Se
Shanna Burcar Pro Se
Plaintiff(s):
Shanna Burcar Represented By Jeffrey Belton
John C. Barlow Represented By Jeffrey Belton
Nancy Barlow Represented By
11:30 AM
Trustee(s):
Jeffrey Belton
Jerry Namba (TR) Pro Se
11:30 AM
Adv#: 9:20-01002 McBeth,Chapter 7 Trustee v. Limon
RE: [1] Adversary case 9:20-ap-01002. Complaint by Sandra K McBeth,Chapter 7 Trustee against Lori Limon. (Charge To Estate). Complaint for: (1) Avoidance of Preferential Transfers [11 U.S.C. § 547]; (2) Recovery of Avoided Transfers [11 U.S.C. § 550]; and (3) Disallowance of Claims [11 U.S.C. §502] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other)) (Triplett, Meghann)
FR. 3-9-20, 4-13-20
Docket 1
- NONE LISTED -
Debtor(s):
Mark Steven Limon Represented By John Sullivan
Defendant(s):
Lori Limon Pro Se
Plaintiff(s):
Sandra K McBeth,Chapter 7 Trustee Represented By
Meghann A Triplett
Trustee(s):
Sandra McBeth (TR) Represented By Meghann A Triplett
11:30 AM
Adv#: 9:20-01023 Namba, Chapter 7 Trustee v. Quinn Emanuel Urquhart & Sullivan, LLP
RE: [1] Adversary case 9:20-ap-01023. Complaint by Jerry Namba, Chapter 7 Trustee against Quinn Emanuel Urquhart & Sullivan, LLP. (Charge To Estate). Nature of Suit: (91 (Declaratory judgment)),(12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other)) (Tedford, John)
FR. 4-28-20
Docket 1
- NONE LISTED -
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Defendant(s):
Quinn Emanuel Urquhart & Represented By Jennifer L Nassiri
Plaintiff(s):
Jerry Namba, Chapter 7 Trustee Represented By
Sonia Singh
John N Tedford IV Eric P Israel
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
Adv#: 9:20-01004 Namba, Chapter 7 Trustee v. The Cardinal Collection Educational
RE: [1] Adversary case 9:20-ap-01004. Complaint by Jerry Namba, Chapter 7 Trustee against The Cardinal Collection Educational Foundation, a California non-profit public benefit corporation, Martin Logies, an individual, John Skirtich, an individual. (Charge To Estate). Complaint for Declaratory Relief, Subordination of Claims, Avoidance and Recovery of Preferential Transfer, and Disallowance of Claim Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(81 (Subordination of claim or interest)),(12 (Recovery of money/property - 547 preference)) (Tedford, John)
FR. 3-24-20
Docket 1
- NONE LISTED -
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Defendant(s):
The Cardinal Collection Educational Represented By
Todd C. Ringstad
Martin Logies, an individual Represented By Todd C. Ringstad
John Skirtich, an individual Represented By Todd C. Ringstad
Plaintiff(s):
Jerry Namba, Chapter 7 Trustee Represented By
John N Tedford IV
11:30 AM
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
Adv#: 9:19-01057 William G. Joiner, as Trustee of the William G. Jo v. Mahan et al
RE: [25] Amended Complaint First Amended Complaint by Meghan Canty Murphey on behalf of William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against Jeremy W. Faith, Chapter 7 Trustee, Legacy Effects, LLC, Shane Patrick Mahan. (RE: related document(s)1 Adversary case 9:19-
ap-01057. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, Shane Patrick Mahan, Legacy Effects, LLC, John D. Monte. (21 (Validity, priority or extent of lien or other interest in property)),(72 (Injunctive relief - other)) filed by Plaintiff William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02). (Attachments: # 1 Exhibit Exhibit 1 # 2 Exhibit Exhibit 2 # 3 Exhibit Exhibit 3 # 4 Affidavit Exhibit 4 # 5 Exhibit Exhibit 5 # 6 Exhibit
Exhibit 6 # 7 Exhibit Exhibit 7 - Part 2 # 8 Exhibit Exhibit 7 - Part 2 # 9 Exhibit
Exhibit 7 - Part 3 # 10 Exhibit Exhibit 7 - Part 4 # 11 Exhibit Exhibit 8) (Reynolds, Richard)
Docket 25
- NONE LISTED -
Debtor(s):
Shane Patrick Mahan Pro Se
Defendant(s):
Shane Patrick Mahan Pro Se
Legacy Effects, LLC Represented By Lee T Dicker
John D. Monte Pro Se
Jeremy W. Faith, Chapter 7 Trustee Pro Se
11:30 AM
Plaintiff(s):
William G. Joiner, as Trustee of the Represented By
Richard J Reynolds Meghan Canty Murphey
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:20-01015 Atkinson v. Luster et al
RE: [1] Adversary case 9:20-ap-01015. Complaint by Dora Atkinson against Joshua Michael Luster, Katherine Michelle Luster, Luster Construction, Hudson Insurance Company, Gary Luster, and DOES 1-10. willful and malicious injury)),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Kwasigroch, Michael)
FR. 4-13-20
AND
Status Hearing
RE: [6] Counterclaim by Joshua Michael Luster, Katherine Michelle Luster against Michael Kwasigroch, Dora Atkinson (Faucher, John)
Docket 6
- NONE LISTED -
Debtor(s):
Joshua Michael Luster Represented By John D Faucher
Defendant(s):
Joshua Michael Luster Represented By John D Faucher
Katherine Michelle Luster Represented By John D Faucher
Hudson Insurance Company Pro Se
Gary Luster Pro Se
11:30 AM
Luster Construction Services Corp. Pro Se DOES 1-10 Pro Se
Joint Debtor(s):
Katherine Michelle Luster Represented By John D Faucher
Plaintiff(s):
Dora Atkinson Represented By
Michael D Kwasigroch
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 50
No stay is in effect under § 362(c)(4)(A)(i). The court will confirm this in an order lodged by the movant.
Does the movant have any authority for relief under any provision of section 362(d) if there is no stay in place?
Debtor(s):
Linda Jean Phillips Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:00 AM
Fr.10-22-19,12-4-19, 2-5-20,3-23-19, 5-7-20
Docket 1
Please be prepared to discuss whether dismissal or conversion is the better option.
Debtor(s):
Linda Jean Phillips Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:00 AM
Docket 30
Deny. The court is very concerned about the undisclosed loan and the debtor's unwillingness to work with the trustee's recommendation (which does not even appear to go far enough).
Debtor(s):
Malibu California Model Drug Represented By
Michael H Raichelson
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
Docket 1
Be prepared to discuss whether conversion or expanded trustee duties would be the better option here.
Debtor(s):
Malibu California Model Drug Represented By
Michael H Raichelson
11:30 AM
Adv#: 1:20-01051 NAI Capital, Inc. v. Carranza In Her Capacity As Administrator For The
Docket 3
This will be a video hearing. The court understands that participants will not be in a formal setting. Business casual attire is fine.
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
Defendant(s):
Jovita Carranza In Her Capacity As Pro Se
Plaintiff(s):
NAI Capital, Inc. Represented By Ron Bender
Richard P Steelman Jr Lindsey L Smith
Beth Ann R Young Todd M Arnold
11:30 AM
Videoconference URL: https://www.zoomgov.com/j/1601425674 Meeting ID: 160 142 5674
Password: 654885
If a participant is unable to send and receive audio through his or her computer, the participant may connect to the audio of the Hearing by telephone using the following audioconference information:
Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666
Meeting ID: 160 142 5674
Password: 654885
Docket 1
- NONE LISTED -
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
9:00 AM
Adv#: 1:20-01051 NAI Capital, Inc. v. Carranza In Her Capacity As Administrator For The
fr.5-19-20
(hearing to be conducted via Zoom)
Videoconference URL: https://www.zoomgov.com/j/1601425674 Meeting ID: 160 142 5674
Password: 654885
Docket 3
This will be a video hearing. The court understands that participants will not be in a formal setting. Business casual attire is fine.
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
Defendant(s):
Jovita Carranza In Her Capacity As Represented By
Elan S Levey
Movant(s):
NAI Capital, Inc. Represented By Ron Bender
Richard P Steelman Jr Lindsey L Smith
9:00 AM
Beth Ann R Young Todd M Arnold
Plaintiff(s):
NAI Capital, Inc. Represented By Ron Bender
Richard P Steelman Jr Lindsey L Smith
Beth Ann R Young Todd M Arnold
9:00 AM
Videoconference URL: https://www.zoomgov.com/j/1601425674 Meeting ID: 160 142 5674
Password: 654885
If a participant is unable to send and receive audio through his or her computer, the participant may connect to the audio of the Hearing by telephone using the following audioconference information:
Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666
Meeting ID: 160 142 5674
Password: 654885
Docket 1
- NONE LISTED -
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
1:30 PM
#1.00 Hearing RE: [783] Motion to Compel Compliance with the Plan of Reorganization, for Contempt of the Confirmation Order and for Attorney's Fees and Expenses
Docket 783
- NONE LISTED -
Debtor(s):
SCI Real Estate Investments, LLC Represented By
Jeffrey W Dulberg Jeffrey N Pomerantz Scotta E McFarland Bruce J Zabarauskas
1:30 PM
Docket 787
Grant.
Debtor(s):
SCI Real Estate Investments, LLC Represented By
Jeffrey W Dulberg Jeffrey N Pomerantz Scotta E McFarland Bruce J Zabarauskas
1:30 PM
Adv#: 2:19-01519 3600 Ashe, LLC v. Koop
fr.2-26-20, 4-14-20
Docket 1
- NONE LISTED -
Debtor(s):
3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham
Defendant(s):
Ron Koop Pro Se
Plaintiff(s):
3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham
10:00 AM
Docket 1
Ruling for March 26, 2020
Continued to May 21, 2020 at 10:00 a.m.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for 9/19/19: Cont'd to 11/21/19.
Debtor(s):
Robert B. Haight Represented By Nicholas S Nassif
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Jorge Gutierrez Gonzalez Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Robert Gonzalez Represented By Bryan Diaz
Joint Debtor(s):
Ruth Gonzalez Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Rene Garcia-Ruelas Represented By Michael F Chekian
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Jonathan Charles Bay Represented By
Rabin J Pournazarian
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
FELIX KATZ Represented By Charles Shamash
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Lydia Marie Romp Represented By Tom A Moore
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 14
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Steven W. Korth Represented By Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
Charles Emilio DePaola Represented By Reed H Olmstead
Joint Debtor(s):
Veronica Castro DePaola Represented By Reed H Olmstead
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
Norma Delgado Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
Andrea Cara Silverman Represented By Anil Bhartia
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
Kamal Baquar Represented By
Richard Warren Shuben
Joint Debtor(s):
Shannon Baquar Represented By
Richard Warren Shuben
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
Marcelo Valdez Represented By Stephen S Smyth
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 11
- NONE LISTED -
Debtor(s):
Humberto M Martinez Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
Andres Mendez Represented By Todd J Mannis
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
RAUL H YANEZ Represented By
Ronda Baldwin-Kennedy
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
Thomas Martin Represented By
Michael D Kwasigroch
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
FR. 9-28-17, 11-30-17, 1-25-18, 3-22-18, FR. 5-24-18, 6-21-18, 9-27-18,
1-17-19, 3-21-19, 5-23-19, 6-20-19, 9-19-19, 11-21-19, 2-27-20
Docket 1
Ruling for February 27, 2020
Continued to May 21, 2020 at 10:00 a.m.
Ruling for 11/21/19: Continued to 2/27/20.
Ruling for 9/19/19:
Continued to 11/21/19.
Ruling for 6/20/19: Cont. to 9/19/19.
Ruling for May 23, 2019: Cont. to 8/15/19 at 10:00 a.m.
Ruling forMarch 21, 2019
Continued to May 23, 2019
Debtor(s):
Richard W. York Represented By Reed H Olmstead Mark Bernsley
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
(Hearing is set based upon Memorandum and Judgment entered by the BAP) FR. 9-19-19, 10-17-19, 11-21-19, 1-16-20, 3-26-20
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Tentative ruling for 5/21/20:
The confirmation hearing was continued from 1/16 to 3/26/20. On 1/16, the court noted that there had been multiple hearings since remand and that the SPS claim objection still had not been properly noticed. The trustee’s counsel noted that there was still no relevant plan because no amended plan had been filed since the remand. The prior plan was outdated because the Debtors had used the refunded plan payments and may have reduced claims while the case was dismissed. Counsel for the Debtors still had not come to a conclusion about the plan term, she had a "thinking" and didn’t understand why she couldn’t use the plan she had on file. The court noted that the existing pre-appeal plan didn’t match counsel’s "thinking." There was further colloquy between counsel and the court about properly noticing a new plan. Counsel also noted that she had no RARA. The court also told Ms. Lawson that she could always file a motion under § 529.
Confirmation was continued from 3/26 until today without being called at that
time.
10:00 AM
No post-appeal plan was filed until 4/10/20, more than six months after
remand (Docket No. 132). A filer error was entered the same day (Docket No 136) noting that the plan was filed on an out-of-date form – counsel used the 2012 plan form. The notice to filer instructed counsel to immediately re-file the correct document. This has not been done, so there is still no plan since prior to the dismissal and appeal.
An objection to confirmation has been filed by the Debtors’ first mortgage lienholder, by U.S. Bank, N.A., as trustee. U.S. Bank states that the proposed plan provides for arrearages of $7,265.60 while the actual arrearages are $30,327.25. The objection notes that the Debtors never properly noticed the claim objection filed eight months ago on 9/18/19.
There appears to be ample basis for dismissal here.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m. Dtrs are required to either set their claims objection for hearing or file an adversary proceeding.
Ruling for 11/21/19: Continued to 1/16/20. Also, Debtor should file a withdrawl of the SPS objection.
Ruling for October 17, 2019: Continued to 11/21/19.
Debtor(s):
Arnold W Gross Represented By Stuart R Simone Janet A Lawson
Joint Debtor(s):
Laurie E Gross Represented By Stuart R Simone Janet A Lawson
10:00 AM
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 133
Claim Objection
According to section 502(a), "a claim or interest, proof of which is filed under section 501 of this title, is deemed allowed, unless a party in interest, including a creditor of a general partner in a partnership that is a debtor in a case under chapter 7 of this title, objects." 11 U.S.C. § 502(a). Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim. Fed. R. Bankr. P. 3001(f); Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). Rule 3001 only requires written evidence to be attached to the proof of claim if the claim is based on a writing. Fed. R. Bankr. P. 3001(c).
If a filed proof of claim complies with the rules, the burden shifts to the objecting party to "present evidence to overcome the prima facie case." United States
Offord Fin., Inc., (In re Medina), 205 B.R. 216, 222 (9th Cir. BAP 1996). Pursuant to LBR 3007-1(c)(1), "an objection to claim must be supported by admissible evidence sufficient to overcome the evidentiary effect of a properly documented proof of claim executed and filed in accordance with FRBP 3001. The evidence must demonstrate that the proof of claim should be disallowed, reduced, subordinated, re- classified, or otherwise modified." LBR 3007-1(c)(1). The objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. Ashford v. Consol. Pioneer Mort. (In re Consol. Pioneer Mort.), 178 B.R. 222, 226 (9th Cir. BAP 1995), aff’d, 91 F.3d 151 (9th Cir. 1996) (quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of
10:00 AM
persuasion remains at all times on the claimant. Lundell, 223 F.3d at 1039; Holm,
931 F.2d at 623.
The claim objection does not present any coherent basis to conclude that Claim 2-4 is insufficient to establish the prima facie validity and amount of the IRS’s claim. The IRS amended the claim and reduced the amount of the claim by
$9,375.29.
Overrule the objection.
Debtor(s):
Arnold W Gross Represented By Stuart R Simone Janet A Lawson
Joint Debtor(s):
Laurie E Gross Represented By Stuart R Simone Janet A Lawson
Movant(s):
Arnold W Gross Represented By Stuart R Simone Janet A Lawson
Laurie E Gross Represented By Stuart R Simone Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
FR. 8-23-18, 9-27-18, 11-15-18, 1-17-19, 3-21-19, 5-23-19, 8-15-19, 11-21-19,
1-16-20, 3-26-20
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Ruling for 11/21/19: Continued to 1/16/20.
Ruling for May 23, 2019: Continued to 8/15/19 at 10:00 a.m. x
Ruling on March 21, 2019
Continued to May 23, 2019.
Debtor(s):
Jeffrey Clay Hardy Represented By Matthew D. Resnik
Joint Debtor(s):
Tammy Lee Hardy Represented By
10:00 AM
Trustee(s):
Matthew D. Resnik
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
FR. 9-27-18, 10-25-18, 12-20-18, 2-21-19, 4-25-19, 5-23-19, 6-20-19, 8-15-19
FR. 9-19-19, 10-17-19, 12-19-19, 2-27-20, 3-26-20
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for December 19, 2019: Continued to 2/27/20.
Ruling for May 23, 2019:
Continued to June 20, 2019 at 10:00 a.m.
Debtor(s):
Jennifer Aryleen Hardy Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
FR. 2-21-19, 3-21-19, 5-23-19, 9-19-19, 11-21-19, 1-16-20, 3-26-20
Docket 3
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Ruling for 11/21/19: Continued to 1/16/20.
Ruling for 9/19/19:
Continued to 11/21/19
Ruling for May 23, 2019:
Continued to August 15, 2019 at 10:00 a.m.
Ruling on March 21, 2019
Continued to May 23, 2019 @ 10:00 a.m.
Debtor(s):
Jorge Ramirez Represented By Janet A Lawson
10:00 AM
Joint Debtor(s):
Amelia Ramirez Represented By Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
FR. 6-20-19, 8-15-19, 9-19-19, 11-21-19, 3-26-20, 4-16-20
Docket 1
Ruling for March 26, 2020
Continued to April 16, 2020 at 10:00 a.m.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for 11/21/19: Continued to 3/26/20.
Ruling for 9/19/19:
Continued to 11/21/19
Ruling for August 15, 2019
Continued to September 19, 2019.
Ruling for 6/20/19: Cont. to 8/15/19.
Debtor(s):
John Kenneth Reed Represented By Douglas E Klein
10:00 AM
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for February 27, 2020
Continued to May 21, 2020 at 10:00 a.m.
Ruling for October 17, 2019: Continued to 12/19/19 at 10:00 a.m.
Debtor(s):
Efren Sta Mina De Jesus III Represented By
Hasmik Jasmine Papian
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Ruling on January 16, 2020
Continued to February 27, 2020 at 10:00 a.m.
Debtor(s):
Donald Lucchesi Represented By
Michael D Kwasigroch
Joint Debtor(s):
Jeanne Lucchesi Represented By
Michael D Kwasigroch
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for February 27, 2020
Continued to March 26, 2020 at 10:00 a.m.
Ruling on January 16, 2020
Continued to February 27, 2020 at 10:00 a.m.
Ruling for 11/21/19: Continued to 1/16/20.
Debtor(s):
Gerardo Jaimes Represented By Reed H Olmstead
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for March 26, 2020
Continued to May 21, 2020 at 10:00 a.m. Debtor shall file and serve a declaration in support of the valuation by April 10, 2020. Both sides shall file declarations responding to the other side's valuation by May 8, 2020.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Robert Edward Baldwin Represented By John D Faucher
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 70
- NONE LISTED -
Debtor(s):
Robert Edward Baldwin Represented By John D Faucher
Movant(s):
Robert Edward Baldwin Represented By John D Faucher
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for March 26, 2020
Continued to May 21, 2020 at 10:00 a.m.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for February 27, 2020
Continued to March 26, 2020 at 10:00 a.m.
Ruling for December 19, 2019: Continued to 2/27/20.
Debtor(s):
Oscar Hernandez Rodriguez Represented By Claudia C Osuna
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 4
Ruling for March 26, 2020
Continued to May 21, 2020 at 10:00 a.m.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Fausto Garcia Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for March 26, 2020
Continued to May 21, 2020 at 10:00 a.m. The Court expects the Debtor to set her claims objection to be heard on May 21, 2020 and expects the plan to be amended as discussed on the record.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Tessa Jeanette Godinez Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Abdul Farid Azimi Represented By Kevin T Simon
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m. A new 35-day notice is required.
Debtor(s):
Christopher E Orloff Represented By Julie J Villalobos
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for March 26, 2020
Continued to May 21, 2020 at 10:00 a.m.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Thomas W. Riggs Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
Ruling for March 26, 2020
Continued to May 21, 2020 at 10:00 a.m.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Jacqueline Loi Maddalena Represented By Ali R Nader
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
Lourie Dudman Represented By Chris Gautschi
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
DL Knight Represented By
Dennis A Rasmussen
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
Matthew Joseph Berban Represented By Ali R Nader
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [73] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 2-27-20, 4-16-20
Docket 73
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Debtor(s):
Howard Geoffrey Gorbis Represented By
Raj T Wadhwani
Joint Debtor(s):
Randi Rose Gorbis Represented By
Raj T Wadhwani
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [68] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 4-16-20
Docket 68
- NONE LISTED -
Debtor(s):
Manuel Rodrigues Represented By William C Beall
Joint Debtor(s):
Diana M. Rodrigues Represented By William C Beall
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [80] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 11-21-19, 12-19-19, 2-27-20
Docket 80
Ruling for February 27, 2020
Continued to May 21, 2020 at 10:00 a.m.
Ruling for December 19, 2019: Continued to 2/27/20.
Ruling for 11/21/19: Continued to 12/19/19.
Debtor(s):
Julie Witt Bowles Represented By Steven A Alpert
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 68
- NONE LISTED -
Debtor(s):
Jose Roberto Toledo Represented By Todd J Mannis
Joint Debtor(s):
Gabriela Zambrano Represented By Todd J Mannis
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [50] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 2-27-20
Docket 50
- NONE LISTED -
Debtor(s):
Rebecca Jolene Borchers Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
FR. 3-26-20
Docket 56
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Mervlyn Thelma Kerr Represented By Charles Shamash Joseph E. Caceres
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [82] Trustee's Motion to Dismiss Case for Failure to Submit All Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 82
- NONE LISTED -
Debtor(s):
Judy Gordon Represented By
Richard E Rossi
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 46
- NONE LISTED -
Debtor(s):
Richard Wayne Baltes Represented By
Rabin J Pournazarian
Joint Debtor(s):
Ruby Elvira Baltes Represented By
Rabin J Pournazarian
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [47] Trustee's Motion to Dismiss Case for Failure to Submit All Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 47
- NONE LISTED -
Debtor(s):
Thomas E Dowling Represented By Louis J Esbin
Joint Debtor(s):
Teresa R Dowling Represented By Louis J Esbin
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 124
- NONE LISTED -
Debtor(s):
Gabriel Rocha Represented By William L Redell
Joint Debtor(s):
Tanya K Rocha Represented By William L Redell
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 70
- NONE LISTED -
Debtor(s):
Susan Jean Byrne Represented By Russ W Ercolani
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [62] Trustee's Motion to Dismiss Case for Failure to Submit All Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 62
- NONE LISTED -
Debtor(s):
Elvira Sanchez Valdovinos Represented By Michael B Clayton
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 60
- NONE LISTED -
Debtor(s):
Kathleen Menard Represented By Vaughn C Taus
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [50] Trustee's Motion to Dismiss Case for Failure to Submit All Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 50
- NONE LISTED -
Debtor(s):
Aurora Holly Palmer Lewis Represented By Carissa N Horowitz
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [76] Trustee's Motion to Dismiss Case for Failure to Submit All Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 76
- NONE LISTED -
Debtor(s):
Nicola Allegretta Represented By Carissa N Horowitz
Joint Debtor(s):
Carmen J. Escobdo Represented By Carissa N Horowitz
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 117
- NONE LISTED -
Debtor(s):
Kari Lee Represented By
Leon D Bayer Jeffrey N Wishman Marcus G Tiggs
Movant(s):
Kari Lee Represented By
Leon D Bayer Jeffrey N Wishman Marcus G Tiggs
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 69
- NONE LISTED -
Debtor(s):
Ronald W. Katt Represented By Nathan A Berneman
Joint Debtor(s):
Evelyn K. Katt Represented By Nathan A Berneman
Movant(s):
Ronald W. Katt Represented By Nathan A Berneman
Evelyn K. Katt Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 63
- NONE LISTED -
Debtor(s):
Joseph Harry Geiger Represented By Craig G Margulies
Noreen A Madoyan
Joint Debtor(s):
Victoria Mary Geiger Represented By Craig G Margulies
Noreen A Madoyan
Movant(s):
Joseph Harry Geiger Represented By Craig G Margulies
Noreen A Madoyan
Victoria Mary Geiger Represented By Craig G Margulies
Noreen A Madoyan
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 81
- NONE LISTED -
Debtor(s):
Albert Maxwell Goldberg Represented By
Richard Mark Garber
Movant(s):
Albert Maxwell Goldberg Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
$375.00.
Docket 39
- NONE LISTED -
Debtor(s):
Jose A. Parra Represented By
R Grace Rodriguez
Movant(s):
Jose A. Parra Represented By
R Grace Rodriguez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
RE: [48] Motion Notice of Motion and Motion by Debtor To Convert Chapter 13 Case to Chapter 11 Under 11 U.S.C. 1307(d); Memorandum of Points and Authorities and Declarations of Tammy Jo English, Christopher English and Declaration of David S. Shevitz (Doc 42) in Support Thereof.
Docket 48
- NONE LISTED -
Debtor(s):
Tammy Jo English Represented By
David Samuel Shevitz
Movant(s):
Tammy Jo English Represented By
David Samuel Shevitz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 83
- NONE LISTED -
Debtor(s):
Manuel Rodrigues Represented By William C Beall
Joint Debtor(s):
Diana M. Rodrigues Represented By William C Beall
Movant(s):
Manuel Rodrigues Represented By William C Beall
Diana M. Rodrigues Represented By William C Beall
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
#58.00 Hearing
RE: [66] Motion United States Trustees Notice Of Motion And Motion For Account Reconciliation Statement And Waiver And/Or Refund Of Unnoticed Mortgage Payment Changes Relating To Guild Mortgage Companys Claim 6-1; Declaration Of Joyce Hong In Support Thereof (Bunker, Katherine)
Docket 66
- NONE LISTED -
Debtor(s):
Jorge Aguirre Represented By Michael B Clayton
Movant(s):
United States Trustee (ND) Represented By Katherine Bunker
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [49] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3862 Celestial Way, Lompoc, California 93436 with Proof of Service. (Martinez, Kirsten)
Docket 49
Debtor(s):
Boun Saikeo Represented By
Michael B Clayton
Joint Debtor(s):
Jenny Saikeo Represented By
Michael B Clayton
Movant(s):
The Bank of New York Mellon fka Represented By
Kirsten Martinez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [92] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 470 N 3rd St, Grover Beach, California 93433 . (Ferry, Sean)
Docket 92
Debtor(s):
Deborah Ann Rogers Represented By Carissa N Horowitz
Movant(s):
Deutsche Bank National Trust Represented By Sean C Ferry Eric P Enciso
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [71] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 13973 Christian Barrett Drive, Moorpark, CA 93021-2816 . (Jafarnia, Merdaud)
FR. 3-11-20, 4-15-20
Docket 71
Debtor(s):
Laurie Ann Jabbour Represented By James Studer
Movant(s):
JPMorgan Chase Bank, National Represented By
Nancy L Lee Merdaud Jafarnia
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [56] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2781 Calle Bienvenido, Thousand Oaks, CA 91360 .
Docket 56
Debtor(s):
Rebecca Jolene Borchers Represented By Matthew D. Resnik
Movant(s):
Citibank, N.A., as Trustee for Represented By Katherine S Walker
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [73] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 Lincoln MKC, VIN: 5LMCJ1A92FUJ23726 . (Ith, Sheryl)
Docket 73
Debtor(s):
Roni Burks Represented By
Matthew D. Resnik
Movant(s):
Lincoln Automotive Financial Represented By Sheryl K Ith
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [19] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 GMC Sierra, VIN: 3GTP1PEC7JG457408 . (Wang, Jennifer)
Docket 19
Debtor(s):
William E. Reinhart Represented By Janet L Mertes
Joint Debtor(s):
Lois Ewing Reinhart Represented By Janet L Mertes
Movant(s):
ACAR Leasing LTD d/b/a GM Represented By Jennifer H Wang
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Filed by United States Trustee. (united states trustee (fsy))
Docket 39
Debtor(s):
Gary Lee Sullivan Represented By William E. Winfield
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 29
Debtor(s):
Carolyn Zsadanyi Represented By Vaughn C Taus
Trustee(s):
Sandra McBeth (TR) Represented By Reed H Olmstead
11:30 AM
Docket 61
Debtor(s):
Hrach Nick Muradyan Represented By
Raj T Wadhwani
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 47
Debtor(s):
Stephanie Rodriguez Represented By Lenelle C Castille
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
(BNC-PDF) (Related Doc # [7]) Signed on 4/30/2020 (Bertelsen, Susan)
Docket 26
Debtor(s):
Laurie Ann Jones Pro Se
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
(BNC-PDF) (Related Doc # [7]) Signed on 5/5/2020 (Bertelsen, Susan)
Docket 13
Debtor(s):
Jeanette M. Porter Pro Se
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [126] SECOND MOTION AUTHORIZING CHAPTER 7 TRUSTEE TO CLOSE CASE WHILE RESERVING AN UNADMINISTERED ASSET;
DECLARATION OF SANDRA K. MCBETH; with Proof of Service
Docket 126
Debtor(s):
Sharp Bookkeepers, Inc. dba Represented By James Studer
Movant(s):
Sandra McBeth (TR) Represented By Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Felicita A Torres
11:30 AM
RE: [340] Motion to Approve Compromise Under Rule 9019 with The Glen Development Company; Declarations in Support (Gasteier, Philip)
FR. 5-5-20
Docket 340
Debtor(s):
Off The Grid, LLC Represented By Shaune B Arnold Lewis R Landau Tal C. Finney
Joint Debtor(s):
Centrally Grown Holdings, LLC Represented By
Lewis R Landau
Red Mountain Farms, LLC Represented By Lewis R Landau
Movant(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
Trustee(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
11:30 AM
RE: [342] Motion to Consolidate Lead Case Off the Grid, LLC (Case No. 9:18- bk-11352-DS) with Centrally Grown Holdings, LLC (Case No. 9:18-bk-11353- DS); and Red Mountain Farms, LLC (Case No. 9:18-bk-11354-DS) (Gasteier, Philip)
FR. 5-5-20
Docket 342
Debtor(s):
Off The Grid, LLC Represented By Shaune B Arnold Lewis R Landau Tal C. Finney
Joint Debtor(s):
Centrally Grown Holdings, LLC Represented By
Lewis R Landau
Red Mountain Farms, LLC Represented By Lewis R Landau
Movant(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
Trustee(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
11:30 AM
RE: [347] Motion to Approve Compromise Under Rule 9019 with GJD Holdings, LLC, Including Related Relief Regarding Sale; Declarations in Support (Attachments: # 1 Part 2 # 2 Part 3) (Gasteier, Philip)
FR. 5-5-20
Docket 347
Debtor(s):
Off The Grid, LLC Represented By Shaune B Arnold Lewis R Landau Tal C. Finney
Joint Debtor(s):
Centrally Grown Holdings, LLC Represented By
Lewis R Landau
Red Mountain Farms, LLC Represented By Lewis R Landau
Movant(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
Trustee(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
11:30 AM
RE: [355] Motion to Approve Compromise Under Rule 9019 with Bruce Leak; Declarations in Support (Gasteier, Philip)
Docket 355
Debtor(s):
Off The Grid, LLC Represented By Shaune B Arnold Lewis R Landau Tal C. Finney
Joint Debtor(s):
Centrally Grown Holdings, LLC Represented By
Lewis R Landau
Red Mountain Farms, LLC Represented By Lewis R Landau
Movant(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
Trustee(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
11:30 AM
Docket 39
Debtor(s):
Robert Antonio Gonzalez Represented By Edisson Seropian Bryan Diaz
Joint Debtor(s):
Ruth M Bazaldua de Gonzalez Represented By Edisson Seropian Bryan Diaz
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [210] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 5081 Alvarado Road, Carpinteria, CA 93013-1401 with Proof of Service. (Martinez, Kirsten)
FR. 4-28-20
Docket 210
Debtor(s):
Luis D. Martinez Represented By
Eric Bensamochan
Movant(s):
Wilmington Trust, National Represented By Kirsten Martinez
11:30 AM
RE: [224] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Mercedes-Benz GLS450W4; VIN# 4JGDF6EE4HA942951 .
Docket 224
Debtor(s):
Farshad Fasihi Harandi Pro Se
Movant(s):
Daimler Trust Represented By
Randall P Mroczynski
Trustee(s):
David Seror (TR) Pro Se
11:30 AM
RE: [408] Motion to Abandon [Chapter 11 Trustee's Motion for an Order Approving (1) Abandonment of Property in Storage Unit; and (2) Destruction of Records; Memorandum of Points and Authorities in Support] with Proof of Service,. David)
Docket 408
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Emil Hashiman Pro Se
Movant(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
#22.00 Post-Confirmation Status Conference ADVANCED FR. 2-19-20, 2-18-20
Docket 244
Debtor(s):
iE, Inc Represented By
Andrew Goodman
11:30 AM
Adv#: 9:16-01094 Ramirez v. WELLS FARGO BANK, N.A.
RE: [15] Motion to reopen adversary case and prof of service (Lawson, Janet)
Docket 15
Debtor(s):
Amelia Ramirez Represented By Janet A Lawson
Defendant(s):
WELLS FARGO BANK, N.A. Represented By Matthew J Pero Michael Rapkine
Movant(s):
Amelia Ramirez Represented By Janet A Lawson
Plaintiff(s):
Amelia Ramirez Represented By Janet A Lawson
11:30 AM
Adv#: 9:20-01030 Namba v. Phillips
RE: [1] Adversary case 9:20-ap-01030. Complaint by Jerry Namba against Robert J. Phillips. (Charge To Estate). COMPLAINT AGAINST DEBTOR FOR DENIAL OF DISCHARGE Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Olmstead, Reed)
Docket 1
Debtor(s):
Robert J. Phillips Represented By Matthew D. Resnik
Defendant(s):
Robert J. Phillips Represented By Matthew D. Resnik
Plaintiff(s):
Jerry Namba Represented By
Reed H Olmstead
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
11:30 AM
Adv#: 9:19-01057 William G. Joiner, as Trustee of the William G. Jo v. Mahan et al
RE: [1] Adversary case 9:19-ap-01057. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, Shane Patrick Mahan, Legacy Effects, LLC, John D. Monte. (21 (Validity, priority or extent of lien or other interest in property)),(72 (Injunctive relief - other)) (Reynolds, Richard)
FR. 12-17-19. 2-18-20
Docket 1
Debtor(s):
Shane Patrick Mahan Pro Se
Defendant(s):
Shane Patrick Mahan Pro Se
Legacy Effects, LLC Represented By Lee T Dicker
John D. Monte Pro Se
Jeremy W. Faith, Chapter 7 Trustee Pro Se
Plaintiff(s):
William G. Joiner, as Trustee of the Represented By
Richard J Reynolds Meghan Canty Murphey
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:00 AM
Docket 81
The motion is unopposed and shows cause for the requested relief. Grant.
Debtor(s):
Ketab Corporation Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:00 AM
Inc.
fr.3-23-20
Docket 1
- NONE LISTED -
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
11:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
NSK Group, Inc. Represented By Kateryna Bilenka
11:00 AM
Docket 30
This hearing was set as a holding date to allow the parties to file a stipulated
order.
Debtor(s):
Malibu California Model Drug Represented By
Michael H Raichelson
Trustee(s):
Mark M Sharf (TR) Pro Se
11:30 AM
RE: [20] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 20458 Pacific Coast Highway, Malibu, CA 90265 with Exhibits "A" through "B" and Proof of Service of Document.
FR. 8-16-19, 9-18-19, 10-16-19, 12-4-19, 1-29-20, 2-26-20, 3-25-20
Docket 20
May 28, 2020
The motion is unopposed and shows cause under section 362(d)(1) for the requested relief. Grant unless the debtor has evidence that he is current or the parties have agreed to an APO.
Ruling for March 25, 2020
Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.
Ruling for February 26, 2020
Continued to March 25, 2020 at 10:30. Movant to file and serve notice.
Debtor(s):
Robert B. Haight Represented By Nicholas S Nassif
Movant(s):
11:30 AM
DJ Development,LLC Represented By Abel Ortiz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [36] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3452 Rucker Rd, Lompoc, California 93436 with Proof of Service. (Jereza, Raymond)
FR. 4-15-20
Docket 36
- NONE LISTED -
Debtor(s):
Ernest Joe Terrones Represented By Nicholas M Wajda
Movant(s):
Wells Fargo Bank, N.A. Represented By Raymond Jereza
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [46] Amended Motion for Relief (related document(s) [45] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 Chevrolet Silverado, VIN: 3GCPCREC0FG238061 (Ith, Sheryl)
Docket 46
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Matthew A. Kolkowski Represented By Bryan Diaz
11:30 AM
Joint Debtor(s):
Holli Kolkowski Represented By Bryan Diaz
Movant(s):
Santander Consumer USA Inc. Represented By Sheryl K Ith
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 120
- NONE LISTED -
Debtor(s):
Monique Janel Mansfield Represented By Carissa N Horowitz William C Beall
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [147] Application for Compensation for Vaughn C Taus, Debtor's Attorney, Period: 4/11/2018 to 3/31/2020, Fee: $71732.00, Expenses: $736.56.
FR. 4-28-20
Docket 147
Two objections have been filed since the April 28 hearing was continued.
4/28/20 tentative ruling:
Fee applications require a separately filed declaration from the client that states the client has reviewed the fee application and does not object to the application. LBR 2016-1(a)(1)(J). If the client refuses to provide a declaration, then "the professional must file a declaration describing the steps that were taken to obtain the client’s declaration and the client’s responses thereto." Id. Here, the Applicant fails to include a declaration from either of the Debtors and the Applicant fails to file a declaration regarding why the client declaration was not obtained. Thus, the Application is deficient for failure to comply with LBR 2016-1(a)(1)(J), made applicable to final fee applications by LBR 2016-1(c)(2).
Further, professional fee applications are required to include "[a] statement that the applicant has reviewed the requirements of [LBR 2016-1] and that the application complies with [LBR 2016-1]." LBR 2016-1(a)(1)(K). Here, the Applicant does not state in the Application nor in his attached declaration that he has reviewed LBR 2016-1 or that the Application complies with the rule.
Thus, the Application is deficient for failing to comply with LBR 2016-1(a)(1) (K).
Please comply with the rules discused above.
11:30 AM
Debtor(s):
Maurice Leo Wedell Represented By Leslie A Cohen
Joint Debtor(s):
Susan Elizabeth Wedell Represented By Leslie A Cohen
Movant(s):
Maurice Leo Wedell Represented By Leslie A Cohen Leslie A Cohen
Susan Elizabeth Wedell Represented By Leslie A Cohen
11:30 AM
RE: [65] U.S. Trustee Motion to dismiss or convert Convert Case; Declaration of Alfred Cooper IIIConvert Case; Declaration of Alfred Cooper III with proof of service . (Attachments: # 1 Declaration of Brian D. Fittipaldi)(Fittipaldi, Brian)
FR. 4-28-20
Docket 65
There is ample cause to dismiss (indeed, the debtor has now filed a motion to dismiss as well). Please be prepared to discuss the terms of the order granting the U.S. Trustee's motion, including whether a bar to refiling is appropriate.
Debtor(s):
Erich Lee Russell Represented By Kari L Ley
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
Docket 100
This motion will be moot. The court will grant the U.S. Trustee's motion to dismiss.
Debtor(s):
Erich Lee Russell Represented By Kari L Ley
Movant(s):
Erich Lee Russell Represented By Kari L Ley Kari L Ley
11:30 AM
FR. 2-18-20, 3-24-20, 4-28-20
Docket 1
Case to be dismissed.
Debtor(s):
Erich Lee Russell Represented By Kari L Ley
11:30 AM
RE: [10] U.S. Trustee Motion to dismiss or convert case; Declaration of Maria D. Marquez with proof of service . (Fittipaldi, Brian)
FR. 3-3-20, 3-24-20
Docket 10
- NONE LISTED -
Debtor(s):
AIS Construction Company Represented By William E. Winfield
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
FR. 3-3-20, 3-24-20
Docket 1
- NONE LISTED -
Debtor(s):
AIS Construction Company Represented By William E. Winfield
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [174] Amended Chapter 11 Plan (FIRST AMENDED), with Proof of Service 149 Chapter 11 Plan of Reorganization , with Proof of Service . (Moradi-Brovia, Roksana)
FR. 10-2-18, 11-13-18, 12-18-18, 1-15-19, 2-5-19,
FR. 3-11-19 (STATUS CONFERENCE/HOLDING DATE), FR. 5-14-19, 7-3-19, 9-26-19, 12-17-19, 3-3-20, 3-24-20
Docket 174
Does the debtor need another continuance? Any objections?
Debtor(s):
Jonathan David Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:30 AM
RE: [13] Emergency motion OF DEBTORS FOR THE ENTRY OF AN ORDER:
AUTHORIZING DEBTORS TO (A) CONTINUE TO OPERATE THEIR CASH MANAGEMENT SYSTEM, (B) MAINTAIN EXISTING BUSINESS FORMS, AND
(C) CONTINUE INTERCOMPANY ARRANGEMENTS; (II) GRANTING AN EXTENSION OF TIME TO COMPLY WITH REQUIREMENTS OF 11 U.S.C. § 345(b); AND (III) GRANTING RELATED RELIEF; MEMORANDUM OF POINTS AND AUTHORITIES (Salzman, Ryan)
FR. 4-30-20
Docket 13
- NONE LISTED -
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
11:30 AM
RE: [14] Emergency motion OF DEBTORS FOR INTERIM AND FINAL ORDERS (I) AUTHORIZING DEBTORS TO (A) CONTINUE INSURANCE PROGRAMS AND (B) PAY ALL OBLIGATIONS WITH RESPECT THERETO; AND (II) GRANTING RELATED RELIEF; MEMORANDUM OF POINTS AND
AUTHORITIES (Salzman, Ryan) FR. 4-30-20
Docket 14
- NONE LISTED -
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
11:30 AM
Lead case no. 9:20-bk-10554-DS
Community Provider of Enrichment Services, Inc.,
dba CPES Inc., dba Counseling and Consulting Services,
and
Member case no. 9:20-bk-10553-DS Novelles Developmental Services, Inc.
Docket 1
There are pending objections to the notice of insider compensation and counsel's employment application. Why hasn't the debtor set these for hearing?
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
11:30 AM
RE: [127] Motion For Sale of Property of the Estate under Section 363(b) - No Fee (Salzman, Ryan)
Docket 127
- NONE LISTED -
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
11:30 AM
Adv#: 9:19-01042 Cloud Mountain, LLC et al v. Graff
false pretenses, false representation
actual fraud, dischargeability, fraud as fiduciary
embezzlement, larceny
fr. 10/16/19, 11/20/19, 5-28-2020 (MB Calendar)
Docket 1
- NONE LISTED -
Debtor(s):
Jeffrey S Graff Represented By Jeffrey S Graff
Defendant(s):
Jeffrey S Graff Pro Se
Plaintiff(s):
Cloud Mountain, LLC Represented By Jonathan M Dickey
Linda Thompson Represented By Jonathan M Dickey
Tony Nicholson Represented By Jonathan M Dickey
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Adv#: 9:20-01014 McBeth v. Mai
RE: [1] Adversary case 9:20-ap-01014. Complaint by Sandra K. McBeth against Rick Louis Mai. (Charge To Estate). (Attachments: # 1 Exhibit 1, Part 1 # 2 Exhibit 1, Part 2 # 3 Exhibit 1, Part 3 # 4 Adv. Proc. Cover Sheet) Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)) (Sholder, Joseph)
FR. 3-24-20
Docket 1
- NONE LISTED -
Debtor(s):
Julie Mai Represented By
Vaughn C Taus
Defendant(s):
Rick Louis Mai Represented By Matthew S Kennedy
Plaintiff(s):
Sandra K. McBeth Represented By Joseph M Sholder
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder
11:30 AM
Adv#: 9:20-01003 Namba, Chapter 7 Trustee v. Bentham IMF 1 LLC, a Delaware limited
RE: [14] Motion to Dismiss Adversary Proceeding FR. 4-28-20
Docket 14
- NONE LISTED -
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Defendant(s):
Bentham IMF 1 LLC, a Delaware Represented By
Tobias S Keller Dara L Silveira
Security Finance 1 LLC, a Delaware Represented By
Tobias S Keller Dara L Silveira
Movant(s):
Bentham IMF 1 LLC, a Delaware Represented By
Tobias S Keller Dara L Silveira
Security Finance 1 LLC, a Delaware Represented By
Tobias S Keller Dara L Silveira
11:30 AM
Plaintiff(s):
Jerry Namba, Chapter 7 Trustee Represented By
John N Tedford IV
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
Adv#: 9:20-01003 Namba, Chapter 7 Trustee v. Bentham IMF 1 LLC, a Delaware limited
RE: [1] Adversary case 9:20-ap-01003. Complaint by Jerry Namba, Chapter 7 Trustee against Bentham IMF 1 LLC, a Delaware limited liability company, Security Finance 1 LLC, a Delaware limited liability company. (Charge To Estate). Complaint for Declaratory Relief, and Avoidance and Recovery of Preferential Transfer Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(12 (Recovery of money/property - 547 preference)) (Tedford, John)
FR. 3-24-20, 4-28-20
Docket 1
- NONE LISTED -
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Defendant(s):
Bentham IMF 1 LLC, a Delaware Represented By
Tobias S Keller Dara L Silveira
Security Finance 1 LLC, a Delaware Represented By
Tobias S Keller Dara L Silveira
Plaintiff(s):
Jerry Namba, Chapter 7 Trustee Represented By
John N Tedford IV
11:30 AM
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
Adv#: 9:19-01065 Faith, Chapter 7 Trustee v. Valerio Rivera
RE: [1] Adversary case 9:19-ap-01065. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Luis Emmanuel Valerio Rivera. (Charge To Estate). Complaint for: (1) Avoidance of Actual Fraudulent Transfers [11 U.S.C. § 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfers [11 U.S.C. § 548(a)(1)(B); (3) Recovery of Avoided Transfer [11 U.S.C. § 550]; and (4) Turnover [11 U.S.C. § 542] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)) (Madoyan, Noreen)
FR. 1-7-20, 3-24-20
Docket 1
Plaintiff to file and serve motion for default judgment.
Debtor(s):
Virginia Rivera Pro Se
Defendant(s):
Luis Emmanuel Valerio Rivera Represented By Christian J Younger
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Noreen A Madoyan
Trustee(s):
Jeremy W. Faith (TR) Represented By
11:30 AM
Noreen A Madoyan
1:30 PM
Docket 0
- NONE LISTED -
Debtor(s):
3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham
1:30 PM
Docket 554
- NONE LISTED -
Debtor(s):
John Edward Hertz Represented By Stella A Havkin
M. Jonathan Hayes
Joint Debtor(s):
Diane Gamroth Hertz Represented By Stella A Havkin
M. Jonathan Hayes
Trustee(s):
Elissa Miller (TR) Represented By Daniel A Lev
11:00 AM
Docket 41
The court withdraws its OSC and sets a continued status conference for July 1, 2020 at 1:30 p.m.
Debtor to file status report no later than June 24, 2020.
Debtor(s):
Pari F Kermani Represented By Dana M Douglas
11:00 AM
Docket 474
The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
11:00 AM
Movant(s):
Levene Neale Bender Yoo Brill LLP Represented By
Jeffrey S Kwong Ron Bender
11:00 AM
$6,015.00,
Docket 475
The applicant should lodge a signature page for the declaration with an appropriate signature (Docusign and other electronic signatures do not suffice), or an explanation as to why this is not possible currently.
Once lodged:
The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Valley Economic Development Represented By
11:00 AM
Movant(s):
Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
Keen-Summit Capital Partners LLC Pro Se
11:00 AM
Docket 476
The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian
11:00 AM
Movant(s):
Lindsey L Smith
Linzer Law Group Pro Se
11:00 AM
$504,463.00, Expenses: $40,486.64.
Docket 477
The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
11:00 AM
Movant(s):
Sherwood Partners, Inc. Pro Se
11:00 AM
$531,687.50, Expenses: $19.15.
Docket 478
The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
11:00 AM
Movant(s):
Gottlieb K. David Pro Se
11:00 AM
Docket 479
Please file an executed copy of the "Notes Receivable Assignment Agreement," attached to the Motion as Exhibit 5. Once filed,
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant all requested relief. Movant to lodge order within seven days after filing agreement.
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
Movant(s):
Valley Economic Development Represented By
11:00 AM
Ron Bender Ron Bender Ron Bender Ron Bender Ron Bender Ron Bender Ron Bender Ron Bender Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik
Krikor J Meshefejian
Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith
11:00 AM
Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith
11:00 AM
Docket 484
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant. Movant to lodge order within seven days.
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
Movant(s):
Valley Economic Development Represented By Ron Bender Ron Bender Ron Bender
11:00 AM
Ron Bender Ron Bender Ron Bender Ron Bender Ron Bender Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik
Krikor J Meshefejian
Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith
11:00 AM
Lindsey L Smith
11:30 AM
Docket 0
- NONE LISTED -
Debtor(s):
3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham
11:30 AM
RE: [49] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3862 Celestial Way, Lompoc, California 93436 with Proof of Service. (Martinez, Kirsten)
FR. 5-27-20
Join by Computer
Meeting URL: https://cacb.zoomgov.com/j/1617776639
Meeting ID: 161 777 6639
Password: 413137
Join by Telephone
For higher quality, dial a number based on your current location.
Dial: US: +1 669 254 5252 or +1 646 828 7666
Meeting ID: 161 777 6639
Password: 413137
Docket 49
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to
11:30 AM
LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
Debtor(s):
Boun Saikeo Represented By
Michael B Clayton
Joint Debtor(s):
Jenny Saikeo Represented By
Michael B Clayton
Movant(s):
The Bank of New York Mellon fka Represented By
Kirsten Martinez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [92] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 470 N 3rd St, Grover Beach, California 93433 . (Ferry, Sean)
FR. 5-27-20
Join by Computer
Meeting URL: https://cacb.zoomgov.com/j/1617776639
Meeting ID: 161 777 6639
Password: 413137
Join by Telephone
For higher quality, dial a number based on your current location.
Dial: US: +1 669 254 5252 or +1 646 828 7666
Meeting ID: 161 777 6639
Password: 413137
Docket 92
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to
11:30 AM
LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
Debtor(s):
Deborah Ann Rogers Represented By Carissa N Horowitz
Movant(s):
Deutsche Bank National Trust Represented By Sean C Ferry Eric P Enciso
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [71] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 13973 Christian Barrett Drive, Moorpark, CA 93021-2816 . (Jafarnia, Merdaud)
FR. 3-11-20, 4-15-20, 5-27-20
Docket 71
- NONE LISTED -
Debtor(s):
Laurie Ann Jabbour Represented By James Studer
Movant(s):
JPMorgan Chase Bank, National Represented By
Nancy L Lee Merdaud Jafarnia Jennifer C Wong
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [56] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2781 Calle Bienvenido, Thousand Oaks, CA 91360.
FR. 5-27-20
Docket 56
- NONE LISTED -
Debtor(s):
Rebecca Jolene Borchers Represented By Matthew D. Resnik
Movant(s):
Citibank, N.A., as Trustee for Represented By Katherine S Walker
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [19] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 GMC Sierra, VIN: 3GTP1PEC7JG457408 . (Wang, Jennifer)
FR. 5-27-20
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Docket 19
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to
11:30 AM
LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
William E. Reinhart Represented By Janet L Mertes
Joint Debtor(s):
Lois Ewing Reinhart Represented By Janet L Mertes
Movant(s):
ACAR Leasing LTD d/b/a GM Represented By Jennifer H Wang
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
FR. 5-27-20
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Docket 39
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written
11:30 AM
opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v.
Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Gary Lee Sullivan Represented By William E. Winfield
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
FR. 5-27-20
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Docket 29
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written
11:30 AM
opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v.
Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Carolyn Zsadanyi Represented By Vaughn C Taus
Trustee(s):
Sandra McBeth (TR) Represented By Reed H Olmstead
11:30 AM
FR. 5-27-20
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Docket 61
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written
11:30 AM
opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v.
Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Hrach Nick Muradyan Represented By
Raj T Wadhwani
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
FR. 5-27-20
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Docket 47
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written
11:30 AM
opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v.
Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Stephanie Rodriguez Represented By Lenelle C Castille
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
(BNC-PDF) (Related Doc # [7]) Signed on 4/30/2020 (Bertelsen, Susan) FR. 5-27-20
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Docket 26
Dismiss if filing fee is not paid by hearing.
Debtor(s):
Laurie Ann Jones Pro Se
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
(BNC-PDF) (Related Doc # [7]) Signed on 5/5/2020 (Bertelsen, Susan) FR. 5-27-20
Docket 13
- NONE LISTED -
Debtor(s):
Jeanette M. Porter Pro Se
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [126] SECOND MOTION AUTHORIZING CHAPTER 7 TRUSTEE TO CLOSE CASE WHILE RESERVING AN UNADMINISTERED ASSET;
DECLARATION OF SANDRA K. MCBETH; with Proof of Service FR. 5-27-20
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Docket 126
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to
11:30 AM
LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
The court thanks the trustee for filing this second motion with a discussion of the applicable case law and the basis for granting the requested relief here.
Grant all requested relief. Movant to lodge order within seven days.
Debtor(s):
Sharp Bookkeepers, Inc. dba Represented By James Studer
Movant(s):
Sandra McBeth (TR) Represented By Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Felicita A Torres
11:30 AM
RE: [340] Motion to Approve Compromise Under Rule 9019 with The Glen Development Company; Declarations in Support (Gasteier, Philip)
FR. 5-5-20, 5-27-20
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Docket 340
- NONE LISTED -
Debtor(s):
Off The Grid, LLC Represented By
11:30 AM
Shaune B Arnold Lewis R Landau Tal C. Finney
Joint Debtor(s):
Centrally Grown Holdings, LLC Represented By
Lewis R Landau
Red Mountain Farms, LLC Represented By Lewis R Landau
Movant(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
Trustee(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
11:30 AM
RE: [342] Motion to Consolidate Lead Case Off the Grid, LLC (Case No. 9:18- bk-11352-DS) with Centrally Grown Holdings, LLC (Case No. 9:18-bk-11353-DS); and Red Mountain Farms, LLC (Case No. 9:18-bk-11354-DS) (Gasteier, Philip)
FR. 5-5-20, 5-27-20
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Docket 342
- NONE LISTED -
11:30 AM
Debtor(s):
Off The Grid, LLC Represented By Shaune B Arnold Lewis R Landau Tal C. Finney
Joint Debtor(s):
Centrally Grown Holdings, LLC Represented By
Lewis R Landau
Red Mountain Farms, LLC Represented By Lewis R Landau
Movant(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
Trustee(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
11:30 AM
RE: [347] Motion to Approve Compromise Under Rule 9019 with GJD Holdings, LLC, Including Related Relief Regarding Sale; Declarations in Support (Attachments: # 1 Part 2 # 2 Part 3) (Gasteier, Philip)
FR. 5-5-20, 5-27-20
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Docket 347
- NONE LISTED -
11:30 AM
Debtor(s):
Off The Grid, LLC Represented By Shaune B Arnold Lewis R Landau Tal C. Finney
Joint Debtor(s):
Centrally Grown Holdings, LLC Represented By
Lewis R Landau
Red Mountain Farms, LLC Represented By Lewis R Landau
Movant(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
Trustee(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
11:30 AM
RE: [355] Motion to Approve Compromise Under Rule 9019 with Bruce Leak; Declarations in Support (Gasteier, Philip)
FR. 5-27-20
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Docket 355
- NONE LISTED -
Debtor(s):
Off The Grid, LLC Represented By
11:30 AM
Shaune B Arnold Lewis R Landau Tal C. Finney
Joint Debtor(s):
Centrally Grown Holdings, LLC Represented By
Lewis R Landau
Red Mountain Farms, LLC Represented By Lewis R Landau
Movant(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
Trustee(s):
Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo
11:30 AM
FR. 5-27-20
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Docket 39
- NONE LISTED -
Debtor(s):
Robert Antonio Gonzalez Represented By Edisson Seropian
11:30 AM
Bryan Diaz
Joint Debtor(s):
Ruth M Bazaldua de Gonzalez Represented By Edisson Seropian Bryan Diaz
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [210] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 5081 Alvarado Road, Carpinteria, CA 93013-1401 with Proof of Service. (Martinez, Kirsten)
FR. 4-28-20, 5-27-20
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Docket 210
6/10 tentative ruling:
This matter was continued to allow the parties to negotiate an APO. If no agreement has been reached, the evidence supports granting the motion.
11:30 AM
4/28 tentative ruling:
There are multiple problems with the debtor's opposition: (1) the declaration of the broker offering a BPO value of $1,205,000 is not properly signed -- it is a DocuSign signature; (2) the offered $1,205,000 valuation does not leave equity of 20%, as the opposition claims; it leaves equity of 16.8% (1,205,000 - 1,003,017.44 = 201,982.56 / 1,205,000 = 0.1676); and (3) the broker's valuation is higher than almost all of the offered comps without explanation (the higher comps, one of which is just a list price, are for larger homes).
Debtor(s):
Luis D. Martinez Represented By
Eric Bensamochan
Movant(s):
Wilmington Trust, National Represented By Kirsten Martinez
11:30 AM
RE: [224] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Mercedes-Benz GLS450W4; VIN# 4JGDF6EE4HA942951 .
FR. 5-27-20
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Docket 224
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to
11:30 AM
LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Farshad Fasihi Harandi Pro Se
Movant(s):
Daimler Trust Represented By
Randall P Mroczynski
Trustee(s):
David Seror (TR) Pro Se
11:30 AM
RE: [408] Motion to Abandon [Chapter 11 Trustee's Motion for an Order Approving
(1) Abandonment of Property in Storage Unit; and (2) Destruction of Records; Memorandum of Points and Authorities in Support] with Proof of Service,.
FR. 5-27-20
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Docket 408
- NONE LISTED -
11:30 AM
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Movant(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
RE: [75] Application for Compensation Application for Payment of First Interim Fees and Expenses (11 U.S.C. Section 331), with Statement in Support of First Interim Application for Attorney's Fees and Reimbursement of Costs of Meister Seelig & Fein, LLP; Exhibits A and B; Declaration of Seth H. Ostrow; Declaration of Richard Agostinelli; and Proof of Service for Meister Seelig & Fein LLP, Special Counsel, Period: 5/13/2019 to 9/30/2019, Fee: $33107.75, Expenses: $17.40.
FR. 5-18-20
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Docket 75
The court thanks the applicant for the supplemental information.
11:30 AM
The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs 2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
5/18 tentative ruling:
The court doesn't want to make it difficult for counsel to be paid, but for the second time, the applicant's fee application has a number of procedural and substantive deficiencies. Please be prepared to discuss how to remedy the problems identified below.
Service and Notice Deficiencies
First, LBR 2016-1(a)(2)(A) requires that a professional fee applicant who seeks interim fees in a case where more than one professional person is employed by the estate give other professional persons not less than 45 days’ notice of the date and time for a hearing on the fee application. LBR 2016-1(a) (2)(A) also has specific language that must be included in the notice of the hearing.
11:30 AM
Here, the Applicant did not give 45 days’ notice of the hearing on the fee application to other professional persons. The Applicant filed the notice of the hearing on 4/16/20, which is approximately 32 days before the scheduled hearing. See Docket No. 85.
Second, LBR 2016-1(a)(2)(B) requires that a professional fee applicant serve notice of the interim application on the debtor or debtor in possession, the debtor’s counsel, the trustee (if any), the 20 largest unsecured creditors, the U.S. Trustee, and any other party in interest under FRBP 2002.
Here, the Applicant failed to serve notice of the Application on the Debtor or the 20 largest unsecured creditors. See Notice at 3, Docket No. 85.
Third, in addition to the notice, LBR 2016-1(a)(2)(C) requires a professional fee applicant to serve a copy of the application, together with all supporting documents, on the debtor or debtor in possession.
Here, the Applicant failed to serve the debtor/debtor in possession with a copy of the Application. See Application at 34, Docket No. 75.
Fourth, LBR 2016-1(a)(2(B) also requires that the notice of the hearing identify the professional person requesting fees, state the period covered by the interim application, state the specific amounts requested for fees and reimbursement of expenses, and state the deadline for filing and serving a written opposition.
Here, the notice of the hearing (Docket No. 85) fails to include any of the required information under LBR 2016-1(a)(2)(B), except that the notice states the date, time, and place of the hearing.
Substantive Deficiency
Overall, the Application itself has fewer deficiencies than the first interim fee application of the Applicant that was denied without prejudice. The Applicant spent a little more time discussing some of the nature of the services performed, but the detail is still lacking in a way that makes it difficult for the court to analyze.
It is still difficult for the court to analyze the total time billed for the task at hand to determine whether it is reasonable and necessary under § 330 because little information is given regarding the type or nature of the services. The only detail the Application provides is that the Applicant represented the Debtor in an
11:30 AM
appeal of an adverse patent ruling before the Federal Circuit Court of Appeals, which is the same detail that was provided in the first application that the court denied. In the tentative ruling to deny, the court noted that simply stating that the Applicant represented the Debtor in the appeal of an adverse ruling before the Federal Circuit Court of Appeals was not enough detail for the court to determine whether the fees were necessary and reasonable. In the roughly two-page body of the Application under "Factors Relevant in Determining the Allowance of Fees," the Applicant broadly and generally states that the "legal services performed" were "both reasonable and necessary based upon the standards adopted by Courts in awarding attorneys’ fees." Application at 5, Docket No. 75. This is just a conclusory statement.
The court understands that the Applicant is probably unfamiliar with the requirements and standards for determining the necessity and reasonableness of fees by a bankruptcy court, but the Application is simply not sufficient to determine whether approximately 90 hours of legal services is reasonable and necessary under §§ 330, 331. While the court understands that patent appeals can be complicated work, there is no information that discusses or describes the nature of the appeal. The Applicant does not even mention the patent or the patent topic that is at issue. The Applicant provides no detail on the services rendered and the time expended in the body of the Application. See LBR 2016-1(a)(1)(D) (requiring fee applications to include "[a] brief narrative statement of the services rendered and the time expended during the period covered by the application"). The Application is still deficient for lack of detail regarding the services rendered and the time spent to allow the court to determine whether those services and time spent were a reasonable and necessary expense of the Debtor’s bankruptcy estate.
Debtor(s):
Advanced Media Networks, LLC Represented By
Peter T Steinberg
Movant(s):
Meister Seelig & Fein LLP Pro Se
11:30 AM
Adv#: 9:20-01030 Namba v. Phillips
RE: [1] Adversary case 9:20-ap-01030. Complaint by Jerry Namba against Robert
J. Phillips. (Charge To Estate). COMPLAINT AGAINST DEBTOR FOR DENIAL OF DISCHARGE Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Olmstead, Reed)
FR. 5-27-20
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Docket 1
- NONE LISTED -
11:30 AM
Debtor(s):
Robert J. Phillips Represented By Matthew D. Resnik
Defendant(s):
Robert J. Phillips Represented By Matthew D. Resnik
Plaintiff(s):
Jerry Namba Represented By
Reed H Olmstead
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
11:30 AM
Adv#: 9:19-01057 William G. Joiner, as Trustee of the William G. Jo v. Mahan et al
RE: [1] Adversary case 9:19-ap-01057. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, Shane Patrick Mahan, Legacy Effects, LLC, John D. Monte. (21 (Validity, priority or extent of lien or other interest in property)),(72 (Injunctive relief - other)) (Reynolds, Richard)
FR. 12-17-19. 2-18-20, 5-27-20
Docket 1
- NONE LISTED -
Debtor(s):
Shane Patrick Mahan Pro Se
Defendant(s):
Shane Patrick Mahan Pro Se
Legacy Effects, LLC Represented By Lee T Dicker
John D. Monte Pro Se
Jeremy W. Faith, Chapter 7 Trustee Represented By
Todd A Frealy Lindsey L Smith
Plaintiff(s):
William G. Joiner, as Trustee of the Represented By
Richard J Reynolds
11:30 AM
Trustee(s):
Meghan Canty Murphey
Jeremy W. Faith (TR) Represented By Todd A Frealy Lindsey L Smith
11:00 AM
Docket 34
NONE LISTED -
Debtor(s):
Brigham G. Field Represented By
D Edward Hays Tinho Mang
11:30 AM
RE: [53] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 4052 Capella Street, Lompoc, CA 93436 . (Lee, Nancy)
FR. 4-15-20
Docket 53
NONE LISTED -
Debtor(s):
Chad W. Myers Represented By Matthew D. Resnik
Movant(s):
Wells Fargo Bank NA Represented By Tavon Taylor Nancy L Lee
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [44] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1734 Gillespie Street / 835 West Islay Street, Santa Barbara, California 93101 with Proof of Service.
FR. 5-18-20
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Docket 44
NONE LISTED -
11:30 AM
Debtor(s):
Adriana Elizabeth Velazquez Represented By Reed H Olmstead
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Angie M Marth Erin Elam Jacky Wang Jenelle C Arnold
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [24] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 21 Dickenson Ave., Newbury Park, CA 91320
Docket 24
NONE LISTED -
Debtor(s):
Lisa Jan Cerrotta Represented By Allan S Williams
Movant(s):
Maple Leaf Capital Co. Represented By David S Hagen
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [26] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 4920 W Breeze Cir, Palm Harbor, FL, 34683 UNDER 11 U.S.C. § 362. (Exnowski, Dane)
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Docket 26
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
11:30 AM
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
Debtor(s):
Carrie Rose Dietsch Represented By Jeffrey J Hagen
Joint Debtor(s):
Nathan Edward Dietsch Represented By Jeffrey J Hagen
Movant(s):
Freedom Mortgage Corporation Represented By
Dane W Exnowski
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [108] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1027 Marsh Street, San Luis Obispo, California 93401 with Proof of Service. (Salmon, Josephine)
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Docket 108
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
11:30 AM
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
Debtor(s):
Robert Woods Takken Represented By Leslie A Tos
Joint Debtor(s):
Linda Henry Takken Represented By Leslie A Tos
Movant(s):
Newtek Small Business Finance, Represented By
Josephine E Salmon
Trustee(s):
Jeremy W. Faith (TR) Represented By Aram Ordubegian Annie Y Stoops
M Douglas Flahaut
11:30 AM
RE: [110] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Pending Lawsuit in San Luis Obispo Superior Court
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Docket 110
NONE LISTED -
Debtor(s):
Robert Woods Takken Represented By Leslie A Tos
11:30 AM
Joint Debtor(s):
Linda Henry Takken Represented By Leslie A Tos
Movant(s):
Pacific Western Bank Represented By William J Sexton
J. Alexandra Rhim
Trustee(s):
Jeremy W. Faith (TR) Represented By Aram Ordubegian Annie Y Stoops
M Douglas Flahaut
11:30 AM
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Docket 84
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h);
11:30 AM
Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Melissa Graves Represented By David L Hagan
Trustee(s):
Jeremy W. Faith (TR) Represented By Eric P Israel Sonia Singh
11:30 AM
Adv#: 9:19-01026 Pastora v. Rosenthal
FR. 8-14-19, 10-29-19, 2-4-20, 4-7-20
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Docket 14
Motion for summary judgment set for 6/30. Opposition due today. The defendant is no longer represented by counsel. Has the defendant retained new counsel, and does she plan to file a timely opposition?
11:30 AM
Debtor(s):
Rochelle S. Rosenthal Represented By Reed H Olmstead
Defendant(s):
Rochelle S. Rosenthal Represented By Reed H Olmstead
Plaintiff(s):
Eva Pastora Represented By
William E. Winfield
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:19-01014 Williams v. Lytel
RE: [55] Motion to compl discovery responses and to continue motion for summary judgment with proof of service
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Docket 55
NONE LISTED -
Debtor(s):
Kipley James Lytel Represented By Matthew D. Resnik
11:30 AM
Defendant(s):
Kipley James Lytel Represented By
M. Jonathan Hayes
Movant(s):
Oscar Williams Represented By William C Beall
Plaintiff(s):
Oscar Williams Represented By William C Beall
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
Adv#: 9:19-01014 Williams v. Lytel
RE: [25] Amended Complaint with proof of service by William C Beall on behalf of Oscar Williams against Kipley James Lytel. (RE: related document(s)1 Adversary case 9:19-ap-01014. Complaint by Oscar Williams, Kipley James Lytel against Kipley James Lytel. (Beall, William)
FR. 12-5-19, 2-18-20, 5-5-20
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Docket 25
NONE LISTED -
11:30 AM
Debtor(s):
Kipley James Lytel Represented By Matthew D. Resnik
Defendant(s):
Kipley James Lytel Represented By
M. Jonathan Hayes
Plaintiff(s):
Oscar Williams Represented By William C Beall
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
Adv#: 9:19-01014 Williams v. Lytel
RE: [47] Motion For Summary Judgment Notice of Motion for Summary Judgment Against Plaintiff; Memorandum of Points and Authorities; Declaration of M. Jonathan Hayes in Support Thereof, with Proof of Service
FR. 5-5-20
Docket 47
NONE LISTED -
Debtor(s):
Kipley James Lytel Represented By Matthew D. Resnik
Defendant(s):
Kipley James Lytel Represented By
M. Jonathan Hayes
Movant(s):
Kipley James Lytel Represented By
M. Jonathan Hayes
Plaintiff(s):
Oscar Williams Represented By William C Beall
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
11:30 AM
Adv#: 9:18-01071
Wilson v. United States Department of Education
Telephonic Hearing
#12.00 CONT'D Status Hearing
RE: [1] Adversary case 9:18-ap-01071. Complaint by Christopher Scott Wilson against United States Department of Education. Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)),(72 (Injunctive relief - other)) (Ridley, Eric)
FR. 2-12-19, 5-28-19, 10-15-19, 2-18-20
Docket 1
NONE LISTED -
Debtor(s):
Christopher Scott Wilson Represented By Eric Ridley
Defendant(s):
United States Department of Represented By Elan S Levey
Plaintiff(s):
Christopher Scott Wilson Represented By Eric Ridley
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:20-01023 Namba, Chapter 7 Trustee v. Quinn Emanuel Urquhart & Sullivan, LLP
RE: [1] Adversary case 9:20-ap-01023. Complaint by Jerry Namba, Chapter 7 Trustee against Quinn Emanuel Urquhart & Sullivan, LLP. (Charge To Estate). Nature of Suit: (91 (Declaratory judgment)),(12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other)) (Tedford, John)
FR. 4-28-20, 5-18-20
Docket 1
NONE LISTED -
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Defendant(s):
Quinn Emanuel Urquhart & Represented By Jennifer L Nassiri
Plaintiff(s):
Jerry Namba, Chapter 7 Trustee Represented By
Sonia Singh
John N Tedford IV Eric P Israel
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
11:30 AM
Adv#: 9:19-01046 Kapitus Servicing, Inc., formerly known as Colonia v. McMahon et al
RE: [1] Adversary case 9:19-ap-01046. Complaint by Kapitus Servicing, Inc., formerly known as Colonial Funding Network, Inc., as servicing agent for Cashio against Kenneth L. McMahon, Jacqueline Lee McMahon. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Harvey, Brian)
FR: 10-29-19, 2-4-20, 4-7-20
Docket 1
NONE LISTED -
Debtor(s):
Kenneth L. McMahon Represented By Andrew S Mansfield
Defendant(s):
Kenneth L. McMahon Represented By Christina Vanarelli
Jacqueline Lee McMahon Represented By Christina Vanarelli
Joint Debtor(s):
Jacqueline Lee McMahon Represented By Andrew S Mansfield
Plaintiff(s):
Kapitus Servicing, Inc., formerly Represented By
Brian T Harvey
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [9] Reaffirmation Agreement Between Debtor and BMW Bank of North America
FR. 4-7-20
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Docket 9
NONE LISTED -
Debtor(s):
Rosario Tobon Represented By
11:30 AM
Trustee(s):
Todd J Mannis
Jerry Namba (TR) Pro Se
11:30 AM
RE: [10] Reaffirmation Agreement Between Debtor and TD Auto Finance LLC (2017 Hyundai Elantra)
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Docket 10
NONE LISTED -
Debtor(s):
Rogeio Avila Represented By
Todd J Mannis
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [8] Reaffirmation Agreement Between Debtor and JPMorgan Chase Bank,
N.A. (Jereza, Raymond)
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Docket 8
NONE LISTED -
Debtor(s):
James Tanner Brewer Represented By Brian Nomi
11:30 AM
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [12] Reaffirmation Agreement Between Debtor and WELLS FARGO AUTO
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Docket 12
NONE LISTED -
Debtor(s):
Jose Fortino Ayala Garcia Represented By Daniel A Higson
11:30 AM
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [13] Pro se Reaffirmation Agreement Between Debtor and JPMorgan Chase Bank, N.A. (Arnold, Jenelle)
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Docket 13
NONE LISTED -
Debtor(s):
Kristina Jolene Negrete Pro Se
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [22] Reaffirmation Agreement Between Debtor and VW Credit Inc (Rafferty, John)
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Docket 22
NONE LISTED -
Debtor(s):
Jonathan Eli Herrick Represented By Reed H Olmstead
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [12] Reaffirmation Agreement Between Debtor and Bridgecrest Credit Company, LLC
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Docket 12
NONE LISTED -
Debtor(s):
Joseph V. Leon Represented By Susan Salehi
11:30 AM
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [7] Reaffirmation Agreement Between Debtor and Twenty-One-Eighty-Five, LLC
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Docket 7
NONE LISTED -
Debtor(s):
Jacob David Mcmonagle Represented By Shawn S White
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [11] Pro se Reaffirmation Agreement Between Debtor and Golden 1 Credit Union
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Docket 11
NONE LISTED -
Debtor(s):
Jose Hurtado Ibarra Represented By William E. Winfield
11:30 AM
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [12] Pro se Reaffirmation Agreement Between Debtor and Americredit Financial Services, Inc. Dba GM Financial (Nunez, Lorenzo)
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Docket 12
NONE LISTED -
Debtor(s):
Christina Marie Quigley Represented By William E. Winfield
11:30 AM
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [15] Reaffirmation Agreement Between Debtor and CarMax Auto Finance
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Docket 15
NONE LISTED -
Debtor(s):
Christina Marie Quigley Represented By William E. Winfield
11:30 AM
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [13] Reaffirmation Agreement Between Debtor and USC Credit Union
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Docket 13
NONE LISTED -
Debtor(s):
Debra Diane Ott Represented By Cynthia L Gonzalez
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [17] Pro se Reaffirmation Agreement Between Debtor and American Honda Finance Corporation
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Docket 17
NONE LISTED -
Debtor(s):
Christina Marie Buchanan Represented By Reed H Olmstead
11:30 AM
Joint Debtor(s):
Jason Patrick Buchanan Represented By Reed H Olmstead
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [20] Reaffirmation Agreement Between Debtor and Bank of America, N.A.
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Docket 20
NONE LISTED -
Debtor(s):
Christina Marie Buchanan Represented By Reed H Olmstead
11:30 AM
Joint Debtor(s):
Jason Patrick Buchanan Represented By Reed H Olmstead
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [14] Reaffirmation Agreement Between Debtor and Fifth Third Bank N.A. (Rafferty, John)
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Docket 14
NONE LISTED -
Debtor(s):
Kindra E Deleon Represented By Kenneth H J Henjum
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [11] Pro se Reaffirmation Agreement Between Debtor and Ford Motor Credit Company LLC (2015 Ford Flex)
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Docket 11
NONE LISTED -
Debtor(s):
Diane Elizabeth Alliston Represented By Jeffrey J Hagen
11:30 AM
Joint Debtor(s):
John Michael Alliston Represented By Jeffrey J Hagen
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [18] Pro se Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc.
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Docket 18
NONE LISTED -
Debtor(s):
Diane Elizabeth Alliston Represented By Jeffrey J Hagen
11:30 AM
Joint Debtor(s):
John Michael Alliston Represented By Jeffrey J Hagen
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [11] Pro se Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc., dba Chrysler Capital
Join by Computer
Meeting URL: https://cacb.zoomgov.com/j/1602413554
Meeting ID: 160 241 3554
Password: 694958
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Dial: US: +1 669 254 5252 or +1 646 828 7666
Meeting ID: 160 241 3554
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Docket 11
NONE LISTED -
Debtor(s):
Adrianna De Santos Santillan Pro Se
11:30 AM
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [13] Pro se Reaffirmation Agreement Between Debtor and TD Auto Finance LLC (2014 Honda Civic)
Join by Computer
Meeting URL: https://cacb.zoomgov.com/j/1602413554
Meeting ID: 160 241 3554
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Meeting ID: 160 241 3554
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Docket 13
NONE LISTED -
Debtor(s):
Reyes A. Alfaro Represented By Michael B Clayton
11:30 AM
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [12] Reaffirmation Agreement Between Debtor and Logix Federal Credit Union
Join by Computer
Meeting URL: https://cacb.zoomgov.com/j/1602413554
Meeting ID: 160 241 3554
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Docket 12
NONE LISTED -
Debtor(s):
Adrian B. Ceniceros Represented By Janet A Lawson
11:30 AM
Joint Debtor(s):
Monique M. Ceniceros Represented By Janet A Lawson
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [10] Reaffirmation Agreement Between Debtor and Ford Motor Credit Company LLC (2018 Ford Escape)
Join by Computer
Meeting URL: https://cacb.zoomgov.com/j/1602413554
Meeting ID: 160 241 3554
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Docket 10
NONE LISTED -
Debtor(s):
Hassan Raza Mirza Represented By Brian Nomi
11:30 AM
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [4384] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 748 Venice Way, Inglewood, CA 90302 . (Wilkinson, Reilly)
Join by Computer
Meeting URL: https://cacb.zoomgov.com/j/1602413554
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Meeting ID: 160 241 3554
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Docket 4384
NONE LISTED -
Debtor(s):
Estate Financial Inc Represented By Robert B Orgel
11:30 AM
Movant(s):
Robyn B Sokol
Ajax Mortgage Loan Trust 2018-G, Represented By
Reilly D Wilkinson
Trustee(s):
Thomas P Jeremiassen (TR) Represented By Samuel R Maizel Robert B Orgel Roger Frederickson David M Poitras Jeffrey L Kandel Kelly A Woodruff Steven T Gubner Corey R Weber Larry W Gabriel David A Juhnke Peter Susi
Brutzkus Gubner Rozansky Seror Weber LLP
10:30 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Sergio Hernandez Espinosa Represented By
R Grace Rodriguez
Joint Debtor(s):
Alma M Hernandez Represented By
R Grace Rodriguez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Lisa Jan Cerrotta Represented By Allan S Williams
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Ruling for March 26, 2020
Continued to June 18, 2020 at 10:00 a.m.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Barkev Bob Mazmanian Represented By Leon D Bayer
Joint Debtor(s):
Maria Fennell Mazmanian Represented By Leon D Bayer
Trustee(s):
Sandra McBeth (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Sandra Soto Represented By
Randall V Sutter
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Consuelo Vargas Represented By Christian J Younger
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Carrie Rose Dietsch Represented By Jeffrey J Hagen
Joint Debtor(s):
Nathan Edward Dietsch Represented By Jeffrey J Hagen
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 7
NONE LISTED -
Debtor(s):
David Edward Nelson Represented By Louis J Esbin
Joint Debtor(s):
Corina Ivonne Nelson Represented By Louis J Esbin
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Serafin Buhain Represented By Patricia Rodriguez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Margaret Onita Malcolm Represented By David Joel Follin
Joint Debtor(s):
Lincoln Malcolm Represented By David Joel Follin
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Jeremy B Sacolles Represented By Matthew D. Resnik
Joint Debtor(s):
Lyndee Alma Olosan Sacolles Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Nyla Lee Oyler Represented By Ali R Nader
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Annelie K Messina Represented By Julie J Villalobos
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
George J Rangel Represented By Joshua L Sternberg
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Sumaira Rahman Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Angeles Lara Represented By
Robert E Traylor
Joint Debtor(s):
Ruben Lara Jr Represented By Robert E Traylor
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Francisco J Gomez Lino Represented By Todd J Mannis
Joint Debtor(s):
Socorro Perez Gomez Represented By Todd J Mannis
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 22
NONE LISTED -
Debtor(s):
Martin Jaime Cervantes Represented By Susan Salehi
Joint Debtor(s):
Rosaura Banuelos Represented By Susan Salehi
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Brenton Gregory Davis Represented By Joseph A Weber
Joint Debtor(s):
Dania Beleiro-Davis Represented By Joseph A Weber
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Duane Arthur Bowers Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Craig Carabajal Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Samuel Lawrence Dodd Represented By Vaughn C Taus
Joint Debtor(s):
Jamie Marie Dodd Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 11
NONE LISTED -
Debtor(s):
Francisco Robles Jr Represented By Bryan Diaz
Joint Debtor(s):
Rosa Elena Robles Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Lupe Glover Represented By
Julie J Villalobos
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Stephanie Anne Buller Represented By Karen L Grant
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Teresa Guitron Avina Represented By Todd J Mannis
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Andres Mendez Represented By Todd J Mannis
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Kevine Wayne Bozarth Represented By Michael B Clayton
Joint Debtor(s):
Jeri Dawn Bozarth Represented By Michael B Clayton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Henry D Richardson Represented By Michael B Clayton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Herbert David Friedman Represented By David Joel Follin
Joint Debtor(s):
Margaret Dawn Friedman Represented By David Joel Follin
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 7
NONE LISTED -
Debtor(s):
Heather M. Barreras Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Wayne Allen Ybarra Represented By Michael B Clayton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Nelson Castillo Represented By Todd J Mannis
Joint Debtor(s):
Linda Ulloa Represented By
Todd J Mannis
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Victor Hernandez Represented By Rebecca Tomilowitz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 8-23-18, 9-27-18, 11-15-18, 1-17-19, 3-21-19, 5-23-19, 8-15-19, 11-21-19,
1-16-20, 3-26-20, 5-21-20
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Ruling for 11/21/19: Continued to 1/16/20.
Ruling for May 23, 2019: Continued to 8/15/19 at 10:00 a.m. x
Ruling on March 21, 2019
Continued to May 23, 2019.
Debtor(s):
Jeffrey Clay Hardy Represented By Matthew D. Resnik
10:30 AM
Joint Debtor(s):
Tammy Lee Hardy Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 45
Ruling on January 16, 2020
Continued to February 27, 2020 at 10:00 a.m.
Debtor(s):
Garland Chester Represented By Vaughn C Taus
Joint Debtor(s):
Juliet Chester Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for 11/21/19: Continued to 1/16/20.
Debtor(s):
Warren Johnson Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 9-19-19, 11-21-19, 12-19-19, 2-27-20, 3-26-20, 4-16-20
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for February 27, 2020
Continued to March 26, 2020 at 10:00 a.m.
Ruling for December 19, 2019: Continued to 2/27/20.
Ruling for 11/21/19: Continued to 12/19/19.
Ruling for 9/19/19:
Cont'd to 11/21/19
Debtor(s):
Larry E. Greene Represented By Matthew D. Resnik
10:30 AM
Joint Debtor(s):
Roxanne Greene Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 10-17-19, 11-21-19, 12-19-19, 1-16-20, 3-26-20, 4-16-20
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m. Dtr to file supplemental evidence re: the potential sales of real property by the former mother-in-law by March 12, 2020.
Ruling for December 19, 2019: Continued to 1/16/20.
Ruling for 11/21/19:
Ruling for October 17, 2019: Continued to 11/21/19 at 10:00 a.m.
Debtor(s):
Adriana Elizabeth Velazquez Represented By Reed H Olmstead
10:30 AM
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 4
Ruling for March 26, 2020
Continued to May 21, 2020 at 10:00 a.m.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Fausto Garcia Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Ruling for March 26, 2020
Continued to June 18, 2020 at 10:00 a.m.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Jonathan Bravo Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Debtor(s):
Denise Lynn Vreeland Represented By Ali R Nader
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Ruling for March 26, 2020
Continued to May 21, 2020 at 10:00 a.m. The Court expects the Debtor to set her claims objection to be heard on May 21, 2020 and expects the plan to be amended as discussed on the record.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Tessa Jeanette Godinez Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Ruling for March 26, 2020
Continued to April 16, 2020 at 10:00 a.m. If the Debtor is not current on plan payments and mortgage payments, the Court will dismiss this case.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Gabriel C. Estrada Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [25] Motion to Avoid Lien Junior Lien with Desolina Le Blanc (Berneman, Nathan)
Docket 25
What's the debtor asking for here? It seems to be two mutually exclusive things.
If the debtor wants an order stating that the short form deed is evidence of a fraudulent claim, then this relief can't be obtained by motion; the request must be brought as an adversary proceeding under Rule 7001(1). If the debtor is requesting § 506 relief, then the evidence supports that, but there will be an unsecured claim of approximately $35,000.
Debtor(s):
Gabriel C. Estrada Represented By Nathan A Berneman
Movant(s):
Gabriel C. Estrada Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Ruling on January 16, 2020
Continued to February 27, 2020 at 10:00 a.m.
Debtor(s):
William E Solomon Represented By Kenneth H J Henjum
Joint Debtor(s):
Mindy Hibler-Solomon Represented By Kenneth H J Henjum
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m. Debtor must file a new 35-day notice.
Debtor(s):
Anabel Hernandez Munoz Represented By Stephen L Burton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m. A new 35-day notice is required.
Debtor(s):
Christopher E Orloff Represented By Julie J Villalobos
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Ruling for March 26, 2020
Continued to May 21, 2020 at 10:00 a.m.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Thomas W. Riggs Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Shelly Lynn Kowalewski-Grindell Represented By
Tom A Moore
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
DL Knight Represented By
Dennis A Rasmussen
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Terry Lane Represented By
Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Josef Obermeier Represented By Kevin T Simon
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [107] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 9-19-19, 10-17-19, 12-19-19, 2-27-20, 4-16-20
Docket 107
Ruling for December 19, 2019: Continued to 2/27/20.
Ruling for October 17, 2019: Continued to 12/19/19.
Ruling for 9/19/19: Continued to 10/17/19
Debtor(s):
Michael Harry Lesseos Represented By Michael F Chekian
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [100] Trustee's Motion to Dismiss Case Trustee Motion for Failure to Submit All Tax Refunds
Docket 100
NONE LISTED -
Debtor(s):
Rocelie Alejo Represented By Kevin T Simon
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 31
NONE LISTED -
Debtor(s):
Irene Orange Represented By
Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 46
NONE LISTED -
Debtor(s):
Sean D. McGinty Represented By Andrew S Mansfield
Joint Debtor(s):
Paula S. Ainsworth Represented By Andrew S Mansfield
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [49] Trustee's Motion to Dismiss Case for Failure to Submit All Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 49
NONE LISTED -
Debtor(s):
Christy Garcia Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [60] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 1-16-20, 3-26-20
Docket 60
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Claudia Nunez Represented By Andrew S Mansfield Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [44] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 2-27-20, 4-16-20
Docket 44
NONE LISTED -
Debtor(s):
Raymond Sandford Jr. Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [44] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20
Docket 44
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Jamie Luna Represented By
Matthew D. Resnik
Joint Debtor(s):
Brandy Marie Luna Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [91] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20
Docket 91
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Scott Rosson Represented By
Michael D Kwasigroch
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 4-16-20
Docket 62
NONE LISTED -
Debtor(s):
Cristina Marie Pagan Nowling Represented By Kevin T Simon
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 11-21-19, 1-16-20, 3-26-20
Docket 48
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Kristine Marie Stanley Represented By Kevin T Simon
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 2-27-20, 4-16-20
Docket 50
NONE LISTED -
Debtor(s):
Chad W. Myers Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [31] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 2-27-20, 4-16-20
Docket 31
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Debtor(s):
Gilbert Ray De La Mora Represented By James C Ames
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [35] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20
Docket 35
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Jason Bruce Leaseburg Represented By Matthew D. Resnik
Joint Debtor(s):
Melanie Kate Leaseburg Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 3-26-20
Docket 31
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Timothy Gyle Abels Represented By Larry D Webb
Joint Debtor(s):
Laura Kathleen ABELS Represented By Larry D Webb
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [56] Trustee's Motion to Dismiss Case . (Rojas (TR), Elizabeth (ND))
Docket 56
NONE LISTED -
Debtor(s):
Robert J Ybarra Represented By Ellen M. Cheney Randall V Sutter
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [49] Trustee's Motion to Dismiss Case for Failure to Submit All Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 49
NONE LISTED -
Debtor(s):
Christy Garcia Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [86] Motion for Approval of Settlement Agreement with Proof of Service
Docket 86
NONE LISTED -
Debtor(s):
Terry Andrew Stanard Jr. Represented By Nathan A Berneman
Joint Debtor(s):
Lanett Diane Stanard Represented By Nathan A Berneman
Movant(s):
Terry Andrew Stanard Jr. Represented By Nathan A Berneman
Lanett Diane Stanard Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [69] Motion notice of motion and motion for hardship discharge and declaration of Ronald Katt in support thereof
FR. 5-21-20
Docket 69
NONE LISTED -
Debtor(s):
Ronald W. Katt Represented By Nathan A Berneman
Joint Debtor(s):
Evelyn K. Katt Represented By Nathan A Berneman
Movant(s):
Ronald W. Katt Represented By Nathan A Berneman
Evelyn K. Katt Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 76
NONE LISTED -
Debtor(s):
Maria Teresa Chavez Represented By Charles W Oaks
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [57] Motion and Notice of Motion TO REINSTATE ORDER AND AUTOMATIC STAY UNDER THE ADEQUATE PREOTCTION AGREEMENT WITH THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR REGISTERED HOLDERS OF CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2005-7 DATED AUGUST 16, 2019, with
Proof of Service
Docket 57
NONE LISTED -
Debtor(s):
Valerie Michelle Romo Represented By Nathan A Berneman
Movant(s):
Valerie Michelle Romo Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [81] Application for Compensation for Richard Mark Garber, Debtor's Attorney, Period: 11/6/2019 to 3/1/2020, Fee: $5,840.00, Expenses: $1,013.90.
FR. 5-21-20
Docket 81
The court reviewed the papers and heard extensive argument on this application on May 21, 2020. At the end of the hearing, the debtor and counsel suggested that the matter may be able to be resolved with the debtor’s signature on the application. The court continued the matter to today and informed the parties that if the debtor did not sign the application before the hearing, the court would review the application to determine the reasonableness of the requested fees and expenses.
The debtor has not signed the application or otherwise indicated agreement with the requested fees and costs. The court, having considered the application and arguments made in the papers and at oral argument, makes the following determinations regarding the requested fees and expenses.
Counsel has a $6,000 RARA. The court previously approved counsel supplemental fees and expenses of $2,204. By this application, counsel now seeks $5,840 in fees and $1,013.90 in expenses related to a stay motion and lien avoidance. $2,680 of the $5,840 is for 3.1 hours and 3.6 hours billed separately for motions to avoid one lien and to cram down another. These motions were almost identical. The declarations were identical (or very nearly so), and the memoranda attached were substantially the same. There is no basis for the court to conclude that counsel separately drafted each motion from scratch – or that it would have been reasonable to do so. Counsel also
10:30 AM
seeks payment of expenses for unnecessary service of both of those motions on all creditors (copy charges for the two motions alone totaled $588 and postage was $288.75). The court will allow 65% of the requested fees related to the two lien motions, and will allow expenses related to the necessary service of the two motions. This is reasonable compensation for what the court believes to be a reasonable amount of time spent and a reasonable hourly rate for the work benefitting the estate. The amounts allowed will be fees of $1,742 and expenses of $569.89.
On 6/4/20, counsel filed a rather argumentative declaration asserting that the debtor had not yet returned a signed application and complaining at length about the time expended in connection with the application. The declaration appears to imply that counsel should be entitled to the time and CourtCall costs associated with the prior hearing and this hearing, which is contrary to the Supreme Court’s holding regarding counsel employed under § 327 of the Bankruptcy Code in Baker Botts LLP v. ASARCO LLC, 576 U.S. 521 (2015). No additional fees or expenses related to this application will be allowed.
The court will enter an order approving the fees and expenses outlined above, allowing total fees of $4,902 and expenses of $707.04. Counsel and the debtor are not to appear today. This matter will be vacated and will not be called.
Debtor(s):
Albert Maxwell Goldberg Represented By
Richard Mark Garber
Movant(s):
Albert Maxwell Goldberg Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
10:30 AM
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [79] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2289 East Marilyn Street, simi Valley, CA 93065 with proof of service. (Richey, Cassandra)
FR. 8-16-19, 9-18-19, 2-26-19, 2-26-20, 3-25-20, 5-6-20, 5-13-20
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Docket 79
Please update the court on the loan modification.
Ruling for March 25, 2020
11:30 AM
Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.
Ruling for February 26, 2020
Tentative vacated. Continued to March 25, 2020 at 10:30 a.m. Movant to file and serve notice.
Tentative Ruling for February 26, 2020
Deny. The Debtor filed opposition to the Motion on July 31, 2019; Movant has failed to file any reply to the Debtor's opposition.
Ruling for December 18, 2019
Continued to February 26, 2020 at 10:30 a.m. Movant to give notice.
Ruling for 8/16/19: Stip to cont. lodged. Continued to 9/18/19 at 10:30 a.m.
Debtor(s):
Carol M Shilkett Represented By Andy C Warshaw
Movant(s):
Wilmington Trust, National Represented By Shreena Augustin Sean C Ferry Madison C Wilson Can Guner Cassandra J Richey
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [40] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2185 Belhaven Avenue, Simi Valley, California 93063-3967 with Certificate of Service. (Arnold, Jenelle)
Docket 40
NONE LISTED -
Debtor(s):
Hector Aguayo Mercado Sr. Represented By Gregory M Shanfeld
Joint Debtor(s):
Coreen Maria Mercado Represented By Gregory M Shanfeld
Movant(s):
U.S. Bank National Association, as Represented By
Jenelle C Arnold
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [49] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 612 Manzanita Dr., Fillmore, CA 93015
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Docket 49
If the parties are looking for a continuance of about 60 days, the court has the following options available:
August 25 at 11:30
September 1 at 11:30
11:30 AM
September 8 at 11:30
Debtor(s):
Jamie Luna Represented By
Matthew D. Resnik
Joint Debtor(s):
Brandy Marie Luna Represented By Matthew D. Resnik
Movant(s):
U.S. Bank Trust National Represented By
Erin M McCartney
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [73] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 Lincoln MKC, VIN: 5LMCJ1A92FUJ23726 (Ith, Sheryl)
FR. 5-27-20
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Docket 73
The court has some questions about the cause for relief and the proposed APO.
11:30 AM
Debtor(s):
Roni Burks Represented By
Matthew D. Resnik
Movant(s):
Lincoln Automotive Financial Represented By Sheryl K Ith
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [43] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2011 Kia Optima LX
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Docket 43
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie
11:30 AM
case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Jorge Antonio Zamarron Represented By Reed H Olmstead
Movant(s):
Consumer Portfolio Services, Inc. Represented By
Lemuel Bryant Jaquez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [71] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2282 Torrance Street, Simi Valley, California 93065
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Docket 71
Appearances required. Please be prepared to address the debtor's request for additional time.
Debtor(s):
Kristine Marie Stanley Represented By
11:30 AM
Movant(s):
Kevin T Simon
US Bank Trust NA as Trustee of Represented By
Lemuel Bryant Jaquez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [29] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3323 View Pointe Drive, Westlake Village, CA 91361 (Lee, Nancy)
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Docket 29
Appearances required. No opposition was filed, but the court would like some more information, including confirmation that the proof of insurance has not been provided and an update on whether the debtor is current postpetition.
11:30 AM
Debtor(s):
James L Cinney Sr. Represented By Julie J Villalobos
Movant(s):
American Advisors Group Represented By Nancy L Lee
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [26] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 12104 Timberpointe Drive, Bakersfield, CA 93312 (Lee, Nancy)
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Docket 26
The case was dismissed under section 109(g) at the June 18, 2020 confirmation hearing. The only issue before the court today is whether there is cause for in rem relief under section 362(d)(4). Please be prepared to discuss this.
11:30 AM
Debtor(s):
Sumaira Rahman Pro Se
Movant(s):
MTGLQ Investors, LP Represented By Nancy L Lee
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [402] Motion RE: Objection to Claim Number 8 by Claimant Nasser Ahdoot
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Docket 402
No tentative ruling. This is a FINAL RULING. The objection to claim # 8 was set for hearing on the notice required by FRBP 3007 and Local Bankruptcy Rules (“LBR”) 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief requested by the moving party and for which a
11:30 AM
prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). The claimant’s default will be entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all requested relief. The claim is disallowed in its entirety. Movant to submit order within seven days.
Debtor(s):
Firooz Payan Pro Se
Movant(s):
Cartwright Termite & Pest Control, Represented By
Shalem Shem-Tov Nathaniel R Cowden
Overland Direct, Inc. Represented By Shalem Shem-Tov
CTPC, LLC Represented By
Shalem Shem-Tov
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
RE: [341] Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) (Torres, Felicita)
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Docket 341
Please review your sale notices. Some of the information required by the LBRs is missing from the notice, which is the only document that was served on all creditors:
A notice of hearing on a motion to sell estate property must state: (1) the date, time, and place of the hearing on the proposed sale; (2) the name and address of the proposed buyer; (3) a description of the property to be sold; (4) the terms and
11:30 AM
conditions of the proposed sale, including the price and all contingencies; (5) whether the proposed sale is free and clear of liens, claims, or interests, or subject to them, including a description of the encumbrances; (6) whether the proposed sale is subject to higher and better bids; (7) the consideration to be received by the estate, including estimated commissions, fees, and other costs of sale; (8) the information about any professional who is seeking a commission from the sale; (9) a description of the estimated or possible tax consequences to the estate, if known; and (10) the date by which an objection must be filed and served. LBR 6004-1(c)(3)(A)-(J).
This Notice does not state the address of the proposed buyer and doesn't even properly identify the buyer (the Notice states that "Brendan Tully" is the buyer, but the actual proposed buyer is the GWC Trust Dated June 15, 2018, which Mr. Tully serves as trustee).
The Notice fails to include a description of the liens, claims, or interests against the Property.
The Notice also fails to include the consideration that is estimated to be received by the estate for the sale, including the estimated commissions, fees, and other costs of sale.
The Notice lacks any information about fees or commissions to be received by professionals as a result of the sale.
Finally, the Notice lacks any information about the estate’s potential tax consequences resulting from this sale.
As to the motion itself: "A motion for an order authorizing the sale of estate property . . . must be supported by a declaration of the movant establishing the value of the property and that the terms and conditions of the proposed sale, including the price and all contingencies are in the best interest of the estate." LBR 6004-1(c)(2)(A). The trustee's declaration doesn't mention the contingency of the sale (it is only mentioned in the motion itself). And the motion doesn't provide an estimate of the consideration expected for the estate and creditors. It's difficult for the court to conclude that the proposed sale is in the best interest of the estate without this information (the court can do the calculations, but this is the sort of thing that should be provided).
11:30 AM
Debtor(s):
John M. Carroll III Pro Se
Movant(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
RE: [72] Motion to File Claim After Claims Bar Date , or in the alternative Motion to File Amended Proof of Claim styled as Motion for an Order Determining Proof of Claim Was Timely Filed, with proof of service (Kautz, Ezra)
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Docket 72
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is
11:30 AM
granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant. The claim will be deemed timely filed. The court makes no findings here regarding leave to file a class claim.
Debtor(s):
La Cuesta Farming Co., Inc. Represented By Jerry Namba
Movant(s):
Juana Velasco-Torres Represented By Cynthia Rice
Cecilia Guevara Zamora Ezra Kautz
Gabriela Rendon-Vasquez Represented By Cynthia Rice
Cecilia Guevara Zamora Ezra Kautz
Cesar Jimenez-Mendoza Represented By Cynthia Rice
Cecilia Guevara Zamora Ezra Kautz
Benito Perez-Reyes Represented By Cynthia Rice
Cecilia Guevara Zamora Ezra Kautz
Luis Morales-Garcia Represented By Cynthia Rice
Cecilia Guevara Zamora
11:30 AM
Trustee(s):
Ezra Kautz
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
RE: [316] Motion to Disallow Claims Motion for Disallowance of Proof of Claim 16
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Docket 316
NONE LISTED -
Debtor(s):
RS Construct, Inc. Represented By Monserrat Morales Noreen A Madoyan
11:30 AM
Randolph Robert Sall Represented By Jeremy Faith Monserrat Morales Gregory K Jones Noreen A Madoyan
Joint Debtor(s):
Angela Marie Sall Represented By Jeremy Faith Monserrat Morales Gregory K Jones Noreen A Madoyan
Movant(s):
Randolph Robert Sall Represented By Jeremy Faith Jeremy Faith Jeremy Faith Monserrat Morales Monserrat Morales Monserrat Morales Gregory K Jones Gregory K Jones Gregory K Jones Noreen A Madoyan Noreen A Madoyan Noreen A Madoyan
Angela Marie Sall Represented By Jeremy Faith Jeremy Faith Monserrat Morales Monserrat Morales Gregory K Jones Gregory K Jones Noreen A Madoyan Noreen A Madoyan
11:30 AM
11:30 AM
RE: [319] Motion to Disallow Claims Motion for Disallowance of Proof of Claim 3
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Docket 319
NONE LISTED -
Debtor(s):
Randolph Robert Sall Represented By Jeremy Faith Monserrat Morales Gregory K Jones
11:30 AM
Noreen A Madoyan
RS Construct, Inc. Represented By Monserrat Morales Noreen A Madoyan
Joint Debtor(s):
Angela Marie Sall Represented By Jeremy Faith Monserrat Morales Gregory K Jones Noreen A Madoyan
Movant(s):
Randolph Robert Sall Represented By Jeremy Faith Jeremy Faith Jeremy Faith Monserrat Morales Monserrat Morales Monserrat Morales Gregory K Jones Gregory K Jones Gregory K Jones Noreen A Madoyan Noreen A Madoyan Noreen A Madoyan
Angela Marie Sall Represented By Jeremy Faith Jeremy Faith Monserrat Morales Monserrat Morales Gregory K Jones Gregory K Jones Noreen A Madoyan Noreen A Madoyan
11:30 AM
RE: [321] Motion to Disallow Claims Motion for Disallowance of Proof of Claim 15
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Docket 321
NONE LISTED -
Debtor(s):
Randolph Robert Sall Represented By Jeremy Faith Monserrat Morales Gregory K Jones
11:30 AM
Noreen A Madoyan
RS Construct, Inc. Represented By Monserrat Morales Noreen A Madoyan
Joint Debtor(s):
Angela Marie Sall Represented By Jeremy Faith Monserrat Morales Gregory K Jones Noreen A Madoyan
Movant(s):
Randolph Robert Sall Represented By Jeremy Faith Jeremy Faith Jeremy Faith Monserrat Morales Monserrat Morales Monserrat Morales Gregory K Jones Gregory K Jones Gregory K Jones Noreen A Madoyan Noreen A Madoyan Noreen A Madoyan
Angela Marie Sall Represented By Jeremy Faith Jeremy Faith Monserrat Morales Monserrat Morales Gregory K Jones Gregory K Jones Noreen A Madoyan Noreen A Madoyan
11:30 AM
RE: [323] Motion to Disallow Claims Motion for Disallowance of Proof of Claim 6
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Docket 323
NONE LISTED -
Debtor(s):
Randolph Robert Sall Represented By Jeremy Faith Monserrat Morales Gregory K Jones
11:30 AM
Noreen A Madoyan
RS Construct, Inc. Represented By Monserrat Morales Noreen A Madoyan
Joint Debtor(s):
Angela Marie Sall Represented By Jeremy Faith Monserrat Morales Gregory K Jones Noreen A Madoyan
Movant(s):
Randolph Robert Sall Represented By Jeremy Faith Jeremy Faith Jeremy Faith Monserrat Morales Monserrat Morales Monserrat Morales Gregory K Jones Gregory K Jones Gregory K Jones Noreen A Madoyan Noreen A Madoyan Noreen A Madoyan
Angela Marie Sall Represented By Jeremy Faith Jeremy Faith Monserrat Morales Monserrat Morales Gregory K Jones Gregory K Jones Noreen A Madoyan Noreen A Madoyan
11:30 AM
RE: [325] Motion to Disallow Claims Motion for Disallowance of Proof of Claim 5
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Docket 325
NONE LISTED -
Debtor(s):
Randolph Robert Sall Represented By Jeremy Faith Monserrat Morales Gregory K Jones
11:30 AM
Noreen A Madoyan
RS Construct, Inc. Represented By Monserrat Morales Noreen A Madoyan
Joint Debtor(s):
Angela Marie Sall Represented By Jeremy Faith Monserrat Morales Gregory K Jones Noreen A Madoyan
Movant(s):
Randolph Robert Sall Represented By Jeremy Faith Jeremy Faith Jeremy Faith Monserrat Morales Monserrat Morales Monserrat Morales Gregory K Jones Gregory K Jones Gregory K Jones Noreen A Madoyan Noreen A Madoyan Noreen A Madoyan
Angela Marie Sall Represented By Jeremy Faith Jeremy Faith Monserrat Morales Monserrat Morales Gregory K Jones Gregory K Jones Noreen A Madoyan Noreen A Madoyan
11:30 AM
RE: [327] Motion to Disallow Claims Motion for Disallowance of Proof of Claim 23
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Docket 327
NONE LISTED -
Debtor(s):
Randolph Robert Sall Represented By Jeremy Faith Monserrat Morales Gregory K Jones
11:30 AM
Noreen A Madoyan
RS Construct, Inc. Represented By Monserrat Morales Noreen A Madoyan
Joint Debtor(s):
Angela Marie Sall Represented By Jeremy Faith Monserrat Morales Gregory K Jones Noreen A Madoyan
Movant(s):
Randolph Robert Sall Represented By Jeremy Faith Jeremy Faith Jeremy Faith Monserrat Morales Monserrat Morales Monserrat Morales Gregory K Jones Gregory K Jones Gregory K Jones Noreen A Madoyan Noreen A Madoyan Noreen A Madoyan
Angela Marie Sall Represented By Jeremy Faith Jeremy Faith Monserrat Morales Monserrat Morales Gregory K Jones Gregory K Jones Noreen A Madoyan Noreen A Madoyan
11:30 AM
Adv#: 9:18-01014
RS Construct, Inc. v. The Walt Disney Company et al Telephonic Hearing
RE: [1] Adversary case 9:18-ap-01014. Complaint by RS Construct, Inc. against The Walt Disney Company, Disney Incorporated, Walt Disney Parks and Resorts U.S., Inc.. (Charge To Estate). Complaint for Breach of Contract (Attachments: # 1 Adversary Cover Sheet) Nature of Suit: (14 (Recovery of money/property - other)) (Madoyan, Noreen)
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Docket 1
NONE LISTED -
11:30 AM
Debtor(s):
RS Construct, Inc. Represented By Jeremy Faith Monserrat Morales
Defendant(s):
The Walt Disney Company Pro Se
Disney Incorporated Pro Se
Walt Disney Parks and Resorts U.S., Represented By
Patrick Bollig Jeffrey W Griffith Robert P Goe
Plaintiff(s):
RS Construct, Inc. Represented By Noreen A Madoyan Monserrat Morales Mitchell B Ludwig
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [214] Application for Compensation for David A Tilem, Debtor's Attorney, Period: 3/26/2019 to 3/31/2020, Fee: $103827.50, Expenses: $3025.30.
FR. 5-13-20
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Docket 214
The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the
11:30 AM
hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Farshad Fasihi Harandi Pro Se
Movant(s):
Farshad Fasihi Harandi Pro Se
Trustee(s):
David Seror (TR) Pro Se
11:30 AM
Adv#: 9:19-01035
Harandi v. Harandi
Telephonic Hearing
RE: [1] Adversary case 9:19-ap-01035. Complaint by Elizabeth Ann Harandi, Farshad Fasihi Harandi against Farshad Fasihi Harandi. priority or extent of lien or other interest in property)),(91 (Declaratory judgment)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(81 (Subordination of claim or interest))(Winston, Brandon)
FR: 10-29-19, 2-18-20
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Docket 1
11:30 AM
The bankruptcy case has been converted but no trustee has been appointed yet. Continue approximately 60 days to allow time for a trustee to be appointed and review the case file.
The court has availability on August 25 at 11:30, September 1 at 11:30, and September 8 at 11:30.
Debtor(s):
Farshad Fasihi Harandi Pro Se
Defendant(s):
Farshad Fasihi Harandi Represented By David A Tilem
Plaintiff(s):
Elizabeth Ann Harandi Represented By Brandon Winston
Trustee(s):
David Seror (TR) Pro Se
11:30 AM
RE: [97] and [101] Application to Employ - Application of Debtors Pursuant to 11
U.S.C. § 327(a), Fed. R. Bankr. P. 2014(a) and 2016, and L.B.R. 2014-1 for Authority to Retain and Employ Faegre Drinker Biddle & Reath LLP as Attorneys for the Debtors Effective as of the Petition Date with Compensation to be Determined Pursuant to 11 U.S.C. § 330 (Salzman, Ryan)
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Docket 101
NONE LISTED -
11:30 AM
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
11:30 AM
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Docket 107
NONE LISTED -
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
11:30 AM
FR. 7-3-19, 9-26-19, 12-17-19, 3-24-20
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Docket 1
The debtor suggests a plan and disclosure statement deadline of 9/23/20 (90 days), and the debtor requests that the court continue this status conference for 90 days.
The court has availability on October 6 at 11:30 and October 14 at 11:30, if a continued status conference is necessary.
11:30 AM
Debtor(s):
Advanced Media Networks, LLC Represented By
Peter T Steinberg
11:30 AM
RE: [1] Chapter 11 Voluntary Petition Individual
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Docket 1
The court can set some deadlines today for a bar date, claims objection deadline, and plan/disclosure statement deadline.
Debtor(s):
Brigham G. Field Represented By
D Edward Hays Tinho Mang
11:30 AM
David Wood
11:30 AM
Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [132] Notice of Motion and Motion for Award of Attorney Fees and Costs as Prevailing Party on Expungement with Proof of Service.
FR. 4-22-20
Docket 132
More briefing is needed on whether the doctrine of quasi-judicial immunity bars an award of attorney's fees and costs.
The Committee seems to intend to argue for quasi-judicial immunity when it raises the Barton doctrine in opposition to the Motion. The Barton doctrine is a jurisdictional matter and requires that "a party must first obtain leave of the bankruptcy court before it initiates an action in another forum against a bankruptcy trustee or other officer appointed by the bankruptcy court for acts done in the officer’s official capacity." Beck v. Fort James Corp. (In re Crown Vantage, Inc.), 421 F.3d 963, 970 (9th Cir. 2005). If required leave is not sought from the bankruptcy court, the other forum lacks jurisdiction to hear the action. Id. at 971. Part of the rationale behind the Barton doctrine in bankruptcy is that the bankruptcy court has in rem subject matter jurisdiction over estate property, and an unauthorized suit would usurp the powers of the bankruptcy court. See Id. at 970-71 (citing Barton v. Barbour, 104 U.S. 126, 127 (1881)). Here, there is no other forum, so the Barton doctrine has no application to the Motion. As the Defendants note, the Committee makes no argument that leave of the court was required before the Motion was filed. Such a claim would make no sense because this is the appointing court.
Closely linked to the Barton doctrine is the concept of quasi-judicial immunity, which, rather than Barton, seems to be what the Committee means to invoke. Whether a not a party would have quasi-judicial immunity is one of the factors a
11:30 AM
court considers in deciding whether to apply the Barton doctrine. "A non-judicial officer is entitled to quasi-judicial immunity if: (1) the individual has, under common law, been afforded immunity and the public interest behind it supports such immunity; and (2) the individual’s function is within the scope of that immunity." Mortgages Ltd., 2013 WL 1336830, at *5 (citing Antoine v. Byers & Anderson, 508 U.S. 429 (1993) and Curry v. Castillo (In re Castillo), 297 F.3d 940, 946-47 (9th Cir. 2002)). The first issue is uncontroversial – as the Committee notes, creditors’ committee have been found to be covered by quasi- judicial immunity. See, e.g., Blixseth v. Brown (In re Yellowstone Mountain Club, LLC), 840 F.3d 1090. 1095 (9th Cir. 2016) (applying the Barton doctrine to a committee chair, which would have to be based on the factor for application of the Barton doctrine that asks whether the officer is entitled to quasi-judicial or derived judicial immunity). The Defendants do not appear to dispute that, if quasi-judicial immunity would apply to this factual context, it would not extend to the Committee specifically.
The Committee’s Opposition falls short, however, of establishing that quasi- judicial immunity bars an award of prevailing party fees and costs, whether specifically under CCP § 405.38 or otherwise. The Opposition merely argues for the existence of quasi-judicial immunity in the bankruptcy context and its extension to the Committee. The Opposition does not address the elements a court must consider in determining whether quasi-judicial immunity applies, including whether: "(1) their acts were within the scope of their authority; (2) the debtor had notice of their proposed acts; (3) they candidly disclosed their proposed acts to the bankruptcy court; and (4) the bankruptcy court approved their acts." Harris v. Wittman (In re Harris), 590 F.3d 730, 742 (9th Cir. 2009) (citing Bennett v. Williams, 892 F.2d 822, 823, 825 (9th Cir. 1989)).
The Defendants cite In re Ybarra, 424 F.3d 1018 (9th Cir. 2005), and In re Taggart, 888 F.3d 438 (9th Cir. 2018), in response to the quasi-judicial immunity argument, but neither case is analogous to this case. The issue before the Ybarra court was whether the litigation had been "continuous litigation" as opposed to litigation commenced postpetition. Ybarra, 424 F.3d at 1026-27. The Defendants provide no explanation of how this discharge question applies to a quasi-judicial immunity analysis. And Taggart also addresses a discharge issue, not quasi-judicial immunity. Moreover, Taggart has been reversed and
11:30 AM
remanded by the Supreme Court (as the Defendants note in their brief).
The Defendants cite no authority for their claim that quasi-judicial immunity should not bar an award because the "same reasoning would apply to a sanction award under Rule 11" and therefore "plaintiff trustee, debtors and committees in bankruptcy cases could assert frivolous positions under the protection of quasi- judicial immunity." It does not necessarily follow from extension of immunity here that such immunity would extend to conduct as extreme as that which would lead to Rule 11 sanctions. First, the Defendants make no claim that a lis pendens ultimately expunged under the rigorous standard for lis pendens under California law is conduct of the same quality as a Rule 11 violation or other sanctionable conduct. Second, there are limitations on the scope of quasi-judicial immunity. The BAP has held that a bankruptcy appointee "is allowed to make reasonable mistakes where discretion is allowed," but "may be sued for intentional or negligent actions which amount to violations of the duties imposed upon the [appointee] by law." Kashani v. Fulton (In re Kashani), 190 B.R. 875, 883 (B.A.P. 9th Cir. 1995).
At this point, the parties have not presented any clearly relevant and binding or persuasive authority on the question of whether quasi-judicial immunity protects a bankruptcy appointee from an adverse party’s claim of prevailing party attorney’s fees for postpetition litigation. Without authority from either the Defendants or the Committee, the court isn't in a position to rule on this motion.
Please have a schedule in mind for supplemental briefing.
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
11:30 AM
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Movant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Chad V Haes
D Edward Hays Tinho Mang
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [1] Adversary case 9:18-ap-01040. Complaint by The Official Committee of Unsecured Creditors against Gurpreet Sahani, Gurpreet Gurpreet Sahani as Trustee of The Green Acres Trust Dated May 10, 2017, Rajinder Sahani, Amarjit Sahani, Shaheen Sahani. Recovery, and Preservation of Preferential Transfers; (2) Avoidance, Recovery, and Preservation of Intentional Fraudulent Transfers; (3) Avoidance, Recovery, and Preservation of Constructive Fraudulent Transfers; (4) Breach of Fiduciary Duty; (5) Conversion/Misappropriation; (6) Civil Liability Under Penal Code § 496; (7) Unfair Business Practices (Business and
Professions Code § 17200); (8) Misappropriation of Trade Secrets; (9) Declaratory Relief; (10) Quiet Title; and (11) Turnover (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))(Haes, Chad)
FR. 10-24-18, 4-16-19, 6-12-19, 7-23-19, 3-24-20
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11:30 AM | ||
CONT... | Rajysan, Inc. | |
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Docket 1
NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Chad V Haes
D Edward Hays Tinho Mang
11:30 AM
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Adv#: 9:18-01048 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [1] Adversary case 9:18-ap-01048. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against State of New Jersey Department of the Treasury, Taxation Division. Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551; (2) Avoidance, Recovery, and
Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance of Claims Held by Defendant [11
U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)
FR. 11-28-18, 4-16-19, 6-12-19, 7-23-19, 3-24-20
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Docket 1
11:30 AM
NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
State of New Jersey Department of Represented By
Heather Lynn Anderson
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Adv#: 9:18-01049 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v. Los
RE: [1] Adversary case 9:18-ap-01049. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against Los Angeles County Treasurer and Tax Collector. Recovery, and Preservation of Fraudulent Transfers [11 U.S.C.
§§ 548, 550, and 551; (2) Avoidance, Recovery, and Preservation of Fraudulent
Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance of Claims Held by Defendant [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)
FR. 11-28-18, 6-12-19, 7-23-19, 3-24-20
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Docket 1
11:30 AM
NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Los Angeles County Treasurer and Represented By
Jacquelyn H Choi
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Adv#: 9:18-01051 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [1] Adversary case 9:18-ap-01051. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against California Franchise Tax Board. Recovery, And Preservation Of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551]; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C.
§§ 544, 550, and 551]; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance Of Claims Held by Defendant [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)
AND
Status Hearing
RE: [22] Third-Party Complaint by California Franchise Tax Board against Jasmine Sahani, Gurmeet Sahani, Shaneen Sahani, Gurpreet Sahani, Rajinder Sahani, Amarjit Sahani For 1) Unjust Enrichment (Claims 1-6), 2) Constructive Trust (Claims 7-12), 3) Equitable Lien (Claims 13-18), and 4) Equitable Indemnity (Claims
19-24).
FR. 1-30-19, 4-16-19, 6-12-19, 7-23-19, 3-24-20
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11:30 AM
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Docket 1
NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
California Franchise Tax Board Represented By John C Keith
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Adv#: 9:18-01052 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [1] Adversary case 9:18-ap-01052. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against Department of the Treasury, Internal Revenue Service. Recovery, and Preservation of Fraudulent Transfers [11
U.S.C. §§ 548, 550, and 551]; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance of Claims Held by Defendants [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)
FR. 11-28-18, 1-9-19, 4-16-19, 6-12-19, 7-23-19, 3-24-20
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Docket 1
11:30 AM
NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Department of the Treasury Pro Se
Internal Revenue Service Represented By Najah J Shariff
UNITED STATES OF AMERICA Represented By
Najah J Shariff
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Adv#: 9:17-01062 Faith, Chapter 7 Trustee v. Rains et al
RE: [1] Adversary case 9:17-ap-01062. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Robert Lee Rains, Betty Sue Rains. (Charge To Estate). Complaint Against Debtors for Revocation of Discharge (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Madoyan, Noreen)
FR. 7-18-18, 11-28-18, 4-16-19, 8-14-19, 12-17-19
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Docket 1
11:30 AM
June dates include June 1 (video hearing; appearances permitted in Los Angeles and Santa Barbara), June 16, and June 23.
Debtor(s):
Robert Lee Rains Represented By Jonathan Gura Reed H Olmstead
Defendant(s):
Robert Lee Rains Pro Se
Betty Sue Rains Pro Se
Joint Debtor(s):
Betty Sue Rains Represented By Jonathan Gura Reed H Olmstead
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Noreen A Madoyan Meghann A Triplett
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan Meghann A Triplett Craig G Margulies
11:30 AM
Adv#: 9:17-01091
Masuda v. Lewis
Telephonic Hearing
RE: [1] Adversary case 9:17-ap-01091. Complaint by Adam Masuda against Gary Charles Lewis. Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Wallin, Michael)
FR. 12-19-18, 1-29-19, 2-11-19, 3-12-19, 7-16-19, 9-3-19, 10-10-19, 12-17-19,
3-16-20, 4-28-20
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Docket 1
At the last status conference, counsel indicated this matter had settled. Why
11:30 AM
hasn't the plaintiff requested dismissal yet?
Debtor(s):
Gary Charles Lewis Represented By Matthew D. Resnik
Defendant(s):
Gary Charles Lewis Represented By Matthew D. Resnik
Plaintiff(s):
Adam Masuda Represented By Michael A Wallin
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:19-01052 Colebrook et al v. Bowen Gardner et al
FR. 11-19-19, 12-5-19, 2-18-20, 4-7-20
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Docket 9
11:30 AM
There has been no docket activity since April. Have the defendants retained counsel? They need to set the motion to dismiss for hearing. Does the plaintiff intend to correct the errors in attempting to add plaintiffs?
Debtor(s):
Andrea Bowen-Gardner Represented By Reed H Olmstead
Defendant(s):
Andrea Bowen Gardner Pro Se
Philip Gardner Pro Se
Joint Debtor(s):
Philip Gardner Represented By Reed H Olmstead
Plaintiff(s):
Colleen Craig Pro Se
Kevin Rock Pro Se
Richard Viar Pro Se
Teena Colebrook Pro Se
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:19-01057 William G. Joiner, as Trustee of the William G. Jo v. Mahan et al
RE: [28] Motion to Dismiss Adversary Proceeding Defendant Legacy Effects LLC
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Docket 28
NONE LISTED -
Debtor(s):
Shane Patrick Mahan Pro Se
11:30 AM
Defendant(s):
Shane Patrick Mahan Pro Se
Legacy Effects, LLC Represented By Lee T Dicker
John D. Monte Pro Se
Jeremy W. Faith, Chapter 7 Trustee Represented By
Todd A Frealy Lindsey L Smith Richard P Steelman Jr
Movant(s):
Legacy Effects, LLC Represented By Lee T Dicker
Plaintiff(s):
William G. Joiner, as Trustee of the Represented By
Richard J Reynolds Meghan C Murphey Joseph P Buchman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy Lindsey L Smith
11:30 AM
Adv#: 9:19-01057 William G. Joiner, as Trustee of the William G. Jo v. Mahan et al
RE: [25] Amended Complaint First Amended Complaint by Meghan Canty Murphey on behalf of William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against Jeremy W. Faith, Chapter 7 Trustee, Legacy Effects, LLC, Shane Patrick Mahan. (RE: related document(s)1 Adversary case 9:19-ap-01057.
Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, Shane Patrick Mahan, Legacy Effects, LLC, John D. Monte. (21 (Validity, priority or extent of lien or other interest in property)),(72 (Injunctive relief - other)) filed by Plaintiff William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02). (Attachments: # 1 Exhibit Exhibit 1 # 2 Exhibit Exhibit 2 # 3 Exhibit Exhibit 3 # 4
Affidavit Exhibit 4 # 5 Exhibit Exhibit 5 # 6 Exhibit Exhibit 6 # 7 Exhibit Exhibit 7 -
Part 2 # 8 Exhibit Exhibit 7 - Part 2 # 9 Exhibit Exhibit 7 - Part 3 # 10 Exhibit Exhibit
7 - Part 4 # 11 Exhibit Exhibit 8) (Reynolds, Richard)
FR. 5-18-20
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Docket 25
NONE LISTED -
Debtor(s):
Shane Patrick Mahan Pro Se
Defendant(s):
Shane Patrick Mahan Pro Se
Legacy Effects, LLC Represented By Lee T Dicker
John D. Monte Pro Se
Jeremy W. Faith, Chapter 7 Trustee Represented By
Todd A Frealy Lindsey L Smith Richard P Steelman Jr
Plaintiff(s):
William G. Joiner, as Trustee of the Represented By
Richard J Reynolds Meghan C Murphey Joseph P Buchman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy Lindsey L Smith
11:30 AM
Adv#: 9:19-01057 William G. Joiner, as Trustee of the William G. Jo v. Mahan et al
RE: [1] Adversary case 9:19-ap-01057. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, Shane Patrick Mahan, Legacy Effects, LLC, John D. Monte. (21 (Validity, priority or extent of lien or other interest in property)),(72 (Injunctive relief - other)) (Reynolds, Richard)
FR. 12-17-19. 2-18-20, 5-27-20
Docket 1
NONE LISTED -
Debtor(s):
Shane Patrick Mahan Pro Se
Defendant(s):
Shane Patrick Mahan Pro Se
Legacy Effects, LLC Represented By Lee T Dicker
John D. Monte Pro Se
Jeremy W. Faith, Chapter 7 Trustee Represented By
Todd A Frealy Lindsey L Smith Richard P Steelman Jr
Plaintiff(s):
William G. Joiner, as Trustee of the Represented By
11:30 AM
Trustee(s):
Richard J Reynolds Meghan C Murphey Joseph P Buchman
Jeremy W. Faith (TR) Represented By Todd A Frealy Lindsey L Smith
11:00 AM
Docket 558
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v.
Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
John Edward Hertz Represented By Stella A Havkin
M. Jonathan Hayes
Joint Debtor(s):
Diane Gamroth Hertz Represented By Stella A Havkin
M. Jonathan Hayes
11:00 AM
Trustee(s):
Elissa Miller (TR) Represented By Daniel A Lev
1:30 PM
RE: [341] Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) (Torres, Felicita)
FR. 6-23-20
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Docket 341
1:30 PM
Debtor(s):
John M. Carroll III Pro Se
Movant(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
RE: [75] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 971 VISALIA STREET, PISMO BEACH, CA 93449 . (Ferry, Sean)
FR. 1-29-20, 2-26-20, 3-25-20, 5-6-20, 5-13-20
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Docket 75
Ruling for March 25, 2020
Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an
11:30 AM
adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.
Ruling for February 26, 2020
Continued to March 25, 2020 at 10:30 a.m.
Ruling for 1/29/20: Continued to 2/26/20 at 10:30 a.m.
Debtor(s):
David Allen Yatsko Represented By Chris Gautschi
Movant(s):
Deutsche Bank National Trust Represented By Sean C Ferry Keith Labell Theron S Covey Eric P Enciso
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [20] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1300 East Chestnut Avenue, Lompoc, CA 93436 . (Castle, Caren)
FR. 10-2-19, 11-6-19, 12-4-19, 1-29-20, 2-26-20, 3-25-20, 5-6-20, 5-13-20
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Docket 20
Ruling for March 25, 2020
Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an
11:30 AM
adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.
Ruling for February 26, 2020
Continued to March 25, 2020 at 10:30 a.m.
Ruling for 1/29/20: Continued to 2/26/20 at 10:30 a.m.
Ruling for December 4, 2019: Continued to 1/29/20 at 10:30 a.m.
Both sides may supplement the record no later than 1/17/20. On 1/24/20, parties may file a response. On 1/29/20, the Court will rule on this Motion. In the interim, the parties should seek to work out a stay current APO.
Ruling for 11/6/19: Continued to 12/4/19 at 10:30 a.m.
Ruling for October 2, 2019: Continued to 11/6/19 at 10:30 a.m.
Tentative Ruling for October 2, 2019:
Appearances required.
Debtor(s):
Gilbert Ray De La Mora Represented By James C Ames
Movant(s):
Mortgage Solutions of Colorado, Represented By
Daniel K Fujimoto Caren J Castle
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
11:30 AM
RE: [53] Motion to Approve Compromise Under Rule 9019 Motion for (1) Approval of Settlement with Laurence H. Levine and (2) Authority to Pay Danning, Gill, Israel & Krasnoff, LLP, on an Interim Basis Pursuant to Contingency Fee Arrangement; and Memorandum of Points and Authorities, Declarations of Jerry Namba and John
N. Tedford, IV, and Request for Judicial Notice in Support Thereof with Proof of Service (Tedford, John)
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Docket 53
The subordination clause of the settlement agreement doesn't pass muster under Jevic or the language of section 726(a). The settling defendant can agree to
11:30 AM
subordinate his own claims, but not the claims of other parties.
Does the trustee mean to request approval of the settlement without this subordination clause? Without notice to all creditors? What would be the basis for approval now? Would the objecting parties agree to approval today?
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
RE: [17] Application to Employ Beall & Burkhardt, APC as Attorney for the Trustee with proof of service (Beall, William)
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Docket 17
The Debtor, who is appearing without an attorney, has made a number of arguments in opposition to the trustee's application to retain counsel. The court will address every argument here and explain to the Debtor why her arguments are without merit. If the Debtor has any questions at the hearing, the court will endeavor to answer them, but it is important for the Debtor to understand that the proposed employment of counsel is justified under section 327 of the bankruptcy
11:30 AM
code, with compensation to be paid pursuant to section 330 (with court approval).
There is nothing wrong with the notice of the application or proof of service. The Debtor received proper notice. There is no violation of LBR 9013-3 or other "violation of federal law," as the Debtor claims. When anyone is making an argument of this sort, they need to support that argument with an explanation of the violation (and there is no explanation) as well as evidence (and there is no evidence). The court has spent some time attempting to understand what the Debtor could possibly be arguing, and it appears that there may be a technical deficiency in the proof of service in that it does not identify, along with the name of each party served, that party's relationship to the estate (i.e., whether an entity is a "creditor" or the "Debtor" and so on). This requirement has nothing to do with the adequacy of the notice and the court certainly would not deny approval of an employment application for failure to comply with a technical provision such as LBR 9013-3(d).
The Debtor claims a violation of attorney-client privilege because the Debtor claims to have shared confidential information with the Trustee (who is an attorney) about the debtor's lawsuit with a creditor. The Trustee is not the Debtor's attorney. There is no evidence that the Trustee ever indicated in any way that she was acting as the Debtor's attorney. The Trustee does not owe the Debtor any duty of confidentiality. The duties of the Trustee are to the bankruptcy estate and creditors. If the Debtor believed otherwise, that belief was not reasonable.
There is ample cause to approve the application. The Trustee's testimony is that counsel is needed to investigate potentially avoidable transfers and liquidate assets of the estate. Nothing in the Debtor's opposition refutes the cause demonstrated. In fact, the court can't help noting that the Debtor, in her opposition, appears to make admissions regarding constructive or actual fraudulent transfers as well as misrepresentations regarding Social Security eligibility. The court must warn the Debtor that making further statements at the hearing could be against her interest in connection with this case. The court must also advise the Debtor to consult the Fifth Amendment before commenting at the hearing.
Grant the application.
11:30 AM
Debtor(s):
Anita Louise Laux Pro Se
Movant(s):
Sandra McBeth (TR) Represented By William C Beall
Trustee(s):
Sandra McBeth (TR) Represented By William C Beall
11:30 AM
RE: [61] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 23501 Ladrillo Street, Woodland Hills, CA 91367 . (Kaufmann, Kelly)
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Docket 61
The only issue before the court is whether relief is proper under section 362(d) (4), since the case has been dismissed. The court has considered all of the papers filed, including the Debtor's surreply.
Section 362(d)(4) provides that the court shall grant relief under this section if it
11:30 AM
finds that the filing of the petition was part of a scheme to delay, hinder, or defraud creditors that involved either (1) a transfer of all or part ownership of, or other interest in, such real property without the consent of the secured creditor or court approval; or (2) multiple bankruptcy filings affecting such real property.
Because relief granted under § 362(d)(4) may be binding and effective in the future if recorded properly, the dismissal of the Debtor’s bankruptcy case does not preclude a ruling under § 362(d)(4).
The Movant asserts two unauthorized transfers as well as seven bankruptcy filings as part of a scheme to hinder, delay, or defraud creditors. First, on or about 1/15/16, an unauthorized Grant Deed in violation of the original Deed of Trust was executed whereby Christina Harris purported to transfer interest in the Property to Christina Harris and Tomas Flores with 20% as joint tenants as a gift for no consideration (Motion, Docket No. 61-1, ECF p. 80-90). Second, on or about 6/15/13, a Short Form Deed of Trust and Assignment of Rents was made whereby the Debtor and Christina Harris purported to grant a lien on the property in the amount of $5,700.00 to Amparo Calispa Granja and Senovio P. Palomera as beneficiaries (Motion, Docket No. 61-1, ECF p. 80-90). The Movant also asserts bankruptcy filings in which interest in the Property was asserted by: (1) Steven A Harris dba Steve Harris Construction in 2009; (2) Jaime Marcelo Calispa and Amparito Isabel Granja in 2010; (3) Steve A Harris in 2011; (4) Jaime Marcelo Calispa and Amparito Isabel Granja in 2015; (5) Tomas Flores in 2016; (6) Amparo Calispa Granja in 2016; and (7) Senovio P. Palomera in 2016 (Motion, Docket No. 61, ECF p. 13-14 and Docket No. 61-1, ECF p. 91-97). The Movant asserts that these filings were in bad faith to delay, hinder, or defraud the Movant.
According to the Debtor’s response, neither the Debtor nor his wife were aware of the transfers of interests relating to some of the bankruptcies filed. The Debtor claims they did not sign the documents for the transfers. The Debtor claims he was represented during the period beginning in 2011 by an attorney whom he later learned had engaged in various mortgage schemes and was ultimately disbarred for those activities. The Debtor’s sur-reply reemphasizes that the Debtor had no knowledge of the unauthorized transfers and that the Debtor and his wife did not knowingly sign paperwork authorizing the transfers. The Debtor acknowledges filing the referenced chapter 7 case in 2009 in which he received a
11:30 AM
discharge, but claims that the mortgage on the Property was not delinquent at that time. The Debtor also acknowledges filing a chapter 11 case in 2011 that was dismissed in 2013 but makes no further comment about that case.
Although the Debtor disputes his involvement in the unauthorized transfers, by July 2013, the Debtor had replaced his former disbarred lawyer, Norberto Reyes, with another attorney, Shawn White (noted in the Debtor’s motion to dismiss his prior case). It isn't clear how Mr. Reyes would be involved in the 2016 transfer to Tomas Flores and the two faxes attaching the deeds to stop the foreclosure sales in 2016 (Motion, Docket No. 61-1, ECF p. 80-86). The 2013 transfer was tied to various parties with bankruptcies that occurred in 2015 and 2016.
Notwithstanding the disputed involvement of the Debtor and his wife in the "hijacked cases," there appears to be at least one unauthorized transfer that does not implicate the Debtor’s disbarred attorney and his schemes, and it is clear that there have been multiple bankruptcies involving the Property. The Debtor does not assert any case law or authority to refute cause under § 362(d)(4). And although there are various forms of relief related to COVID-19 in effect, that is not reason to deny relief – whether or not the Movant can foreclose under nonbankruptcy law, and whether the Debtor and the Movant are able to work out some sort of forbearance, is not for this court to decide.
The Movant appears to have established cause for relief here.
Debtor(s):
Steven Allen Harris Represented By Dana M Douglas
11:30 AM
RE: [19] Application to Employ Sandro Dazzan as Real Estate Agent
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Docket 19
NONE LISTED -
Debtor(s):
Brigham G. Field Represented By
D Edward Hays Tinho Mang
11:30 AM
RE: [230] Motion to Borrow Requesting Interim And Final Approval To Enter Into Economic Injury Disaster Loan With Small Business Administration
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Docket 230
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie
11:30 AM
case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant. Movant to lodge order within seven days.
Debtor(s):
Green Pharmaceuticals, Inc. Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams
11:30 AM
RE: [228] Motion to Use Cash Collateral Sixth Supplement To Motion For Authority To Use Cash Collateral On A Final Basis Through December 31, 2020
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Docket 228
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie
11:30 AM
case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant. Movant to lodge order within seven days.
Debtor(s):
Green Pharmaceuticals, Inc. Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams
11:30 AM
FR. 6-23-20
Docket 107
NONE LISTED -
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
11:30 AM
RE: [86] Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) Chapter 7 Trustee's Motion for Order: (1) Authorizing Sale of Estate's Right, Title and Interest in Real Property Free and Clear of Lien of Cardinal Collection Educational Foundation, Martin Logies, and John Skirtich; (2) Approving Overbide Procedure; (3) Approving Payment of Commissions; (4) Finding Purchasers are Godo Faith Purchasers; (5) Waiving STay Under Rule 6004(h); and (6) Authorizing Abandonment of Personal Property; Declarations in Support. (Pagay, Carmela)
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Docket 86
The overbid procedures in the notice don't match the motion. Which are correct?
11:30 AM
Debtor(s):
Walter W. Knauss Represented By John D Faucher
Joint Debtor(s):
Catherine Lynn Knauss Represented By John D Faucher
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Carmela Pagay
11:30 AM
Adv#: 9:20-01001 Cardinal Collection Educational Foundation et al v. Knauss
RE: [12] Motion for Default Judgment Plaintiff's Motion for Default Judgment Under LBR 7055-1
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Docket 12
The motion appears satisfactory as to the 523(a)(4) cuse of action, but as to 523(a)(6), the court doesn't see evidence supporting a finding of willfulness.
Attorney fees and costs appear appropriate here in the amounts requested. Grant as to 523(a)(4), with fees and costs.
11:30 AM
Debtor(s):
Walter W. Knauss Represented By John D Faucher
Defendant(s):
Walter W. Knauss Represented By John D Faucher
Joint Debtor(s):
Catherine Lynn Knauss Represented By John D Faucher
Plaintiff(s):
John Skirtich Represented By
Todd C. Ringstad
Cardinal Collection Educational Represented By Todd C. Ringstad
Martin Logies Represented By Todd C. Ringstad
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Carmela Pagay
11:30 AM
Adv#: 9:20-01032 MUFG UNION BANK, N.A., a national banking associat v. Knauss et al
RE: [1] Adversary case 9:20-ap-01032. Complaint by MUFG UNION BANK, N.A., a national banking association against Walter W. Knauss, Catherine Lynn Knauss. false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a) (6), willful and malicious injury)) (Brody, David)
Docket 1
Continue to July 21, to line up with motion for default judgment filed by plaintiff.
No appearances on June 30. This matter will be taken off calendar.
Debtor(s):
Walter W. Knauss Represented By John D Faucher
Defendant(s):
Walter W. Knauss Pro Se
Catherine Lynn Knauss Pro Se
Joint Debtor(s):
Catherine Lynn Knauss Represented By John D Faucher
Plaintiff(s):
MUFG UNION BANK, N.A., a Represented By David W Brody
Trustee(s):
Sandra McBeth (TR) Represented By
11:30 AM
Timothy J Yoo Carmela Pagay
11:30 AM
Adv#: 9:20-01019 Faith v. Heringer Estate Winery
RE: [1] Adversary case 9:20-ap-01019. Complaint by Jeremy W. Faith against Heringer Estate Winery. (Charge To Estate). - Complaint (1) for Avoidance of Post- Petition Transfer; and (2) to Preserve Recovered Transfers for Benefit of Debtor's Estate [11 U.S.C. §§ 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)) (Friedman, Anthony)
FR. 4-28-20
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Docket 1
Has the defendant retained counsel?
11:30 AM
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Heringer Estate Winery Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:20-01020 Faith v. American Express Company
RE: [1] Adversary case 9:20-ap-01020. Complaint by Jeremy W. Faith against American Express Company. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; (2) Avoid and Recover Preferential Transfers; (3) Avoid and Recover Post-Petition Transfers; (4) to Preserve Recovered Transfers for Benefit of Debtors Estate; and (5) Disallowance of any Claims Held by Defendant [11 U.S.C. § 502(d)] [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 502, 547, 548, 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)) (Friedman, Anthony)
FR. 4-28-20
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Docket 1
11:30 AM
Continue to give the parties time for mediation.
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
American Express Company Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:20-01014 McBeth v. Mai
RE: [1] Adversary case 9:20-ap-01014. Complaint by Sandra K. McBeth against Rick Louis Mai. (Charge To Estate). (Attachments: # 1 Exhibit 1, Part 1 # 2 Exhibit 1, Part 2 # 3 Exhibit 1, Part 3 # 4 Adv. Proc. Cover Sheet) Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)) (Sholder, Joseph)
FR. 3-24-20, 6-1-20
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Docket 1
This matter settled, correct? Plaintiff needs to request dismissal.
11:30 AM
Debtor(s):
Julie Mai Represented By
Vaughn C Taus
Defendant(s):
Rick Louis Mai Represented By Matthew S Kennedy
Plaintiff(s):
Sandra K. McBeth Represented By Joseph M Sholder
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder
11:30 AM
Adv#: 9:19-01065 Faith, Chapter 7 Trustee v. Valerio Rivera
RE: [1] Adversary case 9:19-ap-01065. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Luis Emmanuel Valerio Rivera. (Charge To Estate). Complaint for:
Avoidance of Actual Fraudulent Transfers [11 U.S.C. § 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfers [11 U.S.C. § 548(a)(1)(B); (3) Recovery of Avoided Transfer [11 U.S.C. § 550]; and (4) Turnover [11 U.S.C. § 542] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)) (Madoyan, Noreen)
FR. 1-7-20, 3-24-20
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Docket 1
11:30 AM
This matter has settled, right? Trustee needs to request dismissal.
Debtor(s):
Virginia Rivera Pro Se
Defendant(s):
Luis Emmanuel Valerio Rivera Represented By Christian J Younger
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Noreen A Madoyan
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
Adv#: 9:18-01051 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [159] Motion to Dismiss Adversary Proceeding ; Notice of Motion and Motion to Dismiss Claims Premised on IRS 10-Year Statute of Limitations Based on IRS Amended Claim to Zero; Motion to Strike; Memorandum of Points and Authorities and Proof of Service
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Docket 159
Motion to Strike
The Motion is based on the request of the Movants (the "Intervenor
11:30 AM
Defendants") to strike ¶ 27 of the Second Amended Complaint (the "SAC"), which alleges a 10-year reach-back period relating to the IRS and the IRS’s pre- amendment claim filed on 8/30/17.
The Motion provides no legal argument for striking these allegations. Motions to strike are regarded with disfavor because striking is such a drastic remedy; as a result, such motions are infrequently granted. Freeman v. ABC Legal Servs., Inc., 877 F. Supp. 2d 919, 923 (N.D. Cal. 2012). A court may "may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Fed. R. Civ. P. 12(f). Ultimately, the court must determine if the allegations to be stricken are: "(1) an insufficient defense;
redundant; (3) immaterial; (4) impertinent; or (5) scandalous." Whittlestone, Inc. v. Handi-Craft Co., 618 F.3d 970, 973–74 (9th Cir. 2010). However, motions to strike are generally disfavored and "A motion to strike should not be granted unless the matter to be stricken clearly could have no possible bearing on the subject of the litigation." Platte Anchor Bolt, Inc. v. IHI, Inc., 352 F. Supp. 2d 1048, 1057 (N.D. Cal. 2004). Notably, "Some courts also refuse to grant Rule 12(f) motions unless prejudice would result to the moving party from denial of the motion." Id. When a court considers a motion to strike, "it must view the pleading in a light most favorable to the pleading party." In re 2TheMart.com, Inc. Sec. Litig., 114 F. Supp. 2d 955, 965 (C.D. Cal. 2000).
The implicit premise of the Motion is that the substance of a proof of claim filed after the adversary proceeding was filed so undermines the allegations of the complaint that the allegations must be stricken. The Motion provides no authority for this position. The Motion cites authorities noting that motions to strike allow a court to avoid litigation of spurious issues by eliminating immaterial matters. But the Defendants’ position is not that the allegations of the SAC are immaterial; it is that they are false. The Motion cites no authority supporting striking of allegations based on post-filing factual developments. The first authority cited in the Motion in support of the request to strike doesn’t even address a motion to strike allegations; it involved an attempt to strike a motion for reconsideration. Sidney-Vinstein v. A.H. Robins Co., 697 F.2d 880, 885-86.
The other authority cited by the Defendants is Fantasy, Inc. v. Fogerty, which was a posttrial review of the lower court’s decision to strike certain allegations as barred by the statute of limitations and res judicata. 984 F.2d 1524, 1527-28. The lower court had deemed the several pages of allegations an attempt to
11:30 AM
advance a non-enumerated cause of action and, in turn, determined that the cause of action was barred by limitations and by res judicata based on prior state-court litigation. Id. So, while Fantasy v. Fogerty also involved a limitations- related claim, the court had not stricken factual allegations based on the counterparty’s assertion that the allegations were false or had been demonstrated to be false by post-filing developments.
In their Reply, the Intervening Defendants take the position that the allegations of ¶ 27 are "immaterial or impertinent," but they do not elaborate on this argument. What they really argue is that the allegations are false. The Intervenor Defendants fail to show that their legal disagreement with the Committee as to the effect of amendment of the IRS’s claim more than two years into the case and well over a year after this action was filed renders the allegations of ¶ 27 subject to being stricken by the court. In the Reply, they just assert that the Committee’s position "ignores reality" and suggest that it is simply obvious that the amended proof of claim both contradicts the allegations of the TAC and undermines the Committee’s tolling theory. While the Defendants may be correct as to their ultimate legal position on the tolling argument, the Motion has not demonstrated that their position as to IRS tolling is correct, nor has it demonstrated any other basis to strike the Committee’s allegations.
In the Reply, the Intervenor Defendants take issue with the Committee’s argument that it would be "procedurally improper" to strike ¶ 27 based on citation to Whittlestone, Inc. v. Handi-Craft Co., 618 F.3d 970, 974-74 (9th Cir. 2010). The Intervenor Defendants argue that the Whittlestone decision is irrelevant because the court there was addressing a motion to strike a claim for damages, not a factual allegation. The cases cited by the Committee do address only the striking of requests for certain forms of relief. But whether or not the Committee’s "procedurally improper" argument is correct, the Intervenor Defendants have failed to meet their burden on this motion to show that ¶ 27 should be stricken.
Without striking ¶ 27 as requested in the Motion, there is no basis stated in the motion for relief under Rule 12(b)(6), but the Intervenor Defendants’ Motion also fails to meet the standard required by Rule 12(b)(6).
Motion to Dismiss
11:30 AM
Under FRCP 12(b)(6), applicable in adversary proceedings through FRBP 7012, a court may dismiss a complaint if it fails to "state a claim upon which relief can be granted." In considering a motion under Rule 12(b)(6), the court must accept as true all facts alleged in the complaint and draw all reasonable inferences in favor of the plaintiff. Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001). However, the court need not accept as true conclusory allegations in a complaint or legal characterizations cast in the form of factual allegations. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555–56 (2007); Hartman v. Gilead Scis., Inc. (In re Gilead Scis. Secs. Litig.), 536 F.3d 1049, 1055 (9th Cir. 2008).
To avoid dismissal under Rule 12(b)(6), a plaintiff must allege "sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 570). "Labels and conclusions" and "‘naked assertion[s]’ devoid of ‘further factual enhancement’" do not suffice. Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 555, 557). However, "dismissal on the pleadings is appropriate only if the complaint fails to plead facts sufficient ‘to raise a reasonable expectation that discovery will reveal evidence’ supporting relief. Charlie Y, Inc. v. Carey (In re Carey), 446 B.R. 384, 392 (B.A.P. 9th Cir. 2011) (quoting Twombly, 550 U.S.
at 556).
"A statute of limitations defense is permissibly asserted by Defendants in a motion to dismiss if the running of the statute is apparent on the face of the complaint or in documents outside of the pleadings that the Court is willing to consider." Wynn v. National Broad. Co. Inc., 234 F. Supp. 2d 1067, 1077 n.6 (C.D. Cal. 2002). As the movants, the Intervenor Defendants bear the burden of showing that applicable limitations periods serve as a bar to these claims on the face of the complaint.
A statute of limitations affirmative defense may be raised by a motion to dismiss, but only when the running of the statute is apparent from the face of the complaint. Jablon v. Dean Witter & Co., 614 F.2d 677, 682 (9th Cir. 1980).
When addressing a request to dismiss a complaint based on limitations, a court must determine what limitations law applies and determine whether the claims fall within the relevant limitations period. Huynh v. Chase Manhattan Bank, 465 F.3d 992, 996-97 (9th Cir. 2006).
11:30 AM
The Motion is plainly inadequate. The court cannot grant a motion to
dismiss based on limitations without knowing the applicable limitations period and applying the relevant allegations of the complaint. There are three claims alleged in the SAC. The Motion fails to state the limitations applicable to any of them. Without this information, regardless of whether there would be any tolling based on other allegations, the court cannot conclude that the Committee has failed to state a claim with respect to any of the claims. The court has to note here that the same was true of the similar motion filed by the movants in case no. 18-1040, and wonder whether this motion was filed as a good faith application of Rule 12.
In sum, the Motion falls far short of establishing, as is the Defendants’ burden, that, taking all alleged facts as true, the TAC cannot state a claim as a matter of law.
The Motion will be denied.
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
California Franchise Tax Board Represented By John C Keith
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold
11:30 AM
Carmela Pagay
11:30 AM
Adv#: 9:19-01069 Itkin v. ELO et al
RE: [1] Adversary case 9:19-ap-01069. Complaint by Robbin L Itkin against ELO, 3E EIGHT LLC, 3E ONE LLC, MIAMI SUPERCAR ROOMS, ELO TRUSTEES
LTD.. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)
FR. 3-24-20
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Docket 1
NONE LISTED -
11:30 AM
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
ELO Pro Se
3E EIGHT LLC Pro Se
3E ONE LLC Pro Se
MIAMI SUPERCAR ROOMS Pro Se
ELO TRUSTEES LTD. Pro Se
Plaintiff(s):
Robbin L Itkin Represented By David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01070 Itkin v. Shigenaga et al
RE: [1] Adversary case 9:19-ap-01070. Complaint by Robbin L Itkin against Monica Shigenaga, COCOJOR HAWAII, LLC, JADOO, LLC. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
FR. 3-24-20
Docket 1
NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Monica Shigenaga Pro Se
COCOJOR HAWAII, LLC Pro Se
JADOO, LLC Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By
11:30 AM
Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01072 Itkin v. Choudhury et al
RE: [1] Adversary case 9:19-ap-01072. Complaint by Robbin L Itkin against Lajwanti Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8-9 # 9 Exhibit 10) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
FR. 3-24-20
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Docket 1
11:30 AM
NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Lajwanti Choudhury Pro Se
Anurag Choudhury Pro Se
Rajashree Choudhury Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01073 Itkin v. Choudhury
RE: [1] Adversary case 9:19-ap-01073. Complaint by Robbin L Itkin against Anurag Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3
Exhibit 3 # 4 Exhibit # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8-10) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
FR. 3-24-20
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Docket 1
NONE LISTED -
11:30 AM
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Anurag Choudhury Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01074 Itkin v. Choudhury et al
RE: [1] Adversary case 9:19-ap-01074. Complaint by Robbin L Itkin against Rajashree Choudhury, The Rajashree Choudhury Family Trust Dated March 1, 2016. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 #
4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
FR. 3-24-20
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Docket 1
11:30 AM
NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Rajashree Choudhury Pro Se
The Rajashree Choudhury Family Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01075 Itkin v. Choudhury
RE: [1] Adversary case 9:19-ap-01075. Complaint by Robbin L Itkin against Bikram Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3
Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8 # 9
Exhibit 9 # 10 Exhibit 10 # 11 Exhibit 11 # 12 Exhibit 12 # 13 Exhibit 13 # 14 Exhibit
14 # 15 Exhibit 15) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
FR. 3-24-20
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Docket 1
11:30 AM
NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Bikram Choudhury Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:17-01074 Miracle Logistics, Inc. v. Jimenez et al
RE: [83] Motion For Summary Judgment
Docket 83
NONE LISTED -
Debtor(s):
Rafael Jimenez Represented By Bryan Diaz
Defendant(s):
Rafael Jimenez Represented By Bryan Diaz
One Call Logistics, Inc. Represented By Bryan Diaz
Plaintiff(s):
Miracle Logistics, Inc. Represented By James Studer
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:17-01074 Miracle Logistics, Inc. v. Jimenez et al
RE: [90] Motion For Summary Judgment
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Docket 90
The Plaintiff brings this Motion for summary judgment under § 523(a)(2)(A) and (a)(6) as to the Debtor, and based on alter ego liability, the Plaintiff seeks nondischargeability under § 523(a)(2)(A), (a)(4), and (a)(6) as to One Call. The Defendants received proper notice and they failed to file an opposition or a response to the Motion.
11:30 AM
Based on the undisputed facts alleged, the court finds that cause has been established to grant the Motion under § 523(a)(2)(A) as to the Debtor and One Call. However, the Plaintiff has failed to allege sufficient facts and argument in the Motion to support summary judgment on the § 523(a)(6) claim as to both the Defendants or the § 523(a)(4) claim as to One Call. The court also finds that One Call is the alter ego of the Debtor and is liable for the alleged debt.
Debtor(s):
Rafael Jimenez Represented By Bryan Diaz
Defendant(s):
Rafael Jimenez Represented By Bryan Diaz
One Call Logistics, Inc. Represented By Bryan Diaz
Plaintiff(s):
Miracle Logistics, Inc. Represented By James Studer
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:17-01074 Miracle Logistics, Inc. v. Jimenez et al
RE: [107] Motion for order under Rule 60
Docket 107
NONE LISTED -
Debtor(s):
Rafael Jimenez Represented By Bryan Diaz
Defendant(s):
Rafael Jimenez Represented By Bryan Diaz
One Call Logistics, Inc. Represented By Bryan Diaz
Plaintiff(s):
Miracle Logistics, Inc. Represented By James Studer
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:17-01074 Miracle Logistics, Inc. v. Jimenez et al
RE: [109] Motion for order under FRCP Rule 60(a), 60(b), 60(d) correcting oversights and omissions in Order 12/15/2017 re: Plaintiff's leave to amend rights re claim for embezzlement against Debtor, vacating resulting 5/15/2018 order dismissing Plaintiff's embezzlement claim against Debtor. and reinstating embezzlement claim
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Docket 109
The court has reviewed the record in this case, including the hearing before Judge Carroll. The court can discern no basis for the relief requested.
11:30 AM
Debtor(s):
Rafael Jimenez Represented By Bryan Diaz
Defendant(s):
Rafael Jimenez Represented By Bryan Diaz
One Call Logistics, Inc. Represented By Bryan Diaz
Plaintiff(s):
Miracle Logistics, Inc. Represented By James Studer
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:17-01074 Miracle Logistics, Inc. v. Jimenez et al
RE: [25] Amended Complaint Objecting to the Dischargeability of Debt by James Studer on behalf of Miracle Logistics, Inc. against all defendants Rafael Jimenez, and One Call Logistics, Inc.
FR. 4-11-18, 6-20-18, 7-18-18, 10-24-18, 1-16-19, 3-12-19, 7-3-19, 8-14-19,
9-26-19, 12-17-19, 2-18-20, 4-28-20
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Docket 25
NONE LISTED -
11:30 AM
Debtor(s):
Rafael Jimenez Represented By Bryan Diaz
Defendant(s):
Rafael Jimenez Represented By Bryan Diaz
One Call Logistics, Inc. Represented By Bryan Diaz
Plaintiff(s):
Miracle Logistics, Inc. Represented By James Studer
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:19-01026 Pastora v. Rosenthal
FR. 8-14-19, 10-29-19, 2-4-20, 4-7-20, 6-16-20
Docket 14
Motion for summary judgment set for 6/30. Opposition due today. The defendant is no longer represented by counsel. Has the defendant retained new counsel, and does she plan to file a timely opposition?
Debtor(s):
Rochelle S. Rosenthal Represented By Reed H Olmstead
Defendant(s):
Rochelle S. Rosenthal Represented By Reed H Olmstead
Plaintiff(s):
Eva Pastora Represented By
William E. Winfield
Trustee(s):
Jeremy W. Faith (TR) Pro Se
1:30 PM
Adv#: 9:19-01026 Pastora v. Rosenthal
RE: [37] Motion For Summary Judgment Notice of Motion and Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment
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Docket 37
The motion and record establish that collateral estoppel applies as to the 523(a) (2)(A) cause of action. Summary judgment in favor of the Plaintiff is appropriate.
Further, the Plaintiff’s request for nondischargeability of attorney’s fees and punitive damages stemming from the Debtor’s fraud is appropriate. Cohen v. de
1:30 PM
la Cruz, 523 U.S. 213, 223 (1998) (overturning Ninth Circuit law which had prevented § 523(a)(2)(A) from being grounds for attorney’s fees and punitive damages being declared nondischargeable).
However, the amount of requested damages is ambiguous or inconsistent with the facts alleged. The total damages requested in both the Motion (Docket No. 37) and in the Plaintiff’s Statement of Uncontroverted Facts and Conclusions of Law (Docket No. 40) is $52,187.84. But the only detail of these damages provided by the Debtor is $12,000 in compensatory damages, $6,000 in punitive damages, $10,000 in attorney’s fees for the state court action, and $7,575.34 in attorney’s fees and costs related to appeal—totaling $35,575.34. The Plaintiff does not sufficiently explain the $16,612.50 difference between the total damages requested ($52,187.84) and the total sum of the detail of damages provided ($35,575.34).
Grant but the court needs clarification as to the damages.
Debtor(s):
Rochelle S. Rosenthal Represented By Reed H Olmstead
Defendant(s):
Rochelle S. Rosenthal Represented By Reed H Olmstead
Plaintiff(s):
Eva Pastora Represented By
William E. Winfield
Trustee(s):
Jeremy W. Faith (TR) Pro Se
1:30 PM
Adv#: 9:19-01026 Pastora v. Rosenthal
FR. 8-14-19, 10-29-19, 2-4-20, 4-7-20, 6-16-20
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Docket 14
NONE LISTED -
1:30 PM
Debtor(s):
Rochelle S. Rosenthal Represented By Reed H Olmstead
Defendant(s):
Rochelle S. Rosenthal Represented By Reed H Olmstead
Plaintiff(s):
Eva Pastora Represented By
William E. Winfield
Trustee(s):
Jeremy W. Faith (TR) Pro Se
1:30 PM
Docket 1
Off calendar. No appearances.
The hearing set for 6/3/20 on the court's order to show cause re: dismissal due to the debtor's failure to appear at the 4/29/20 status conference was taken off calendar in response to counsel's written response to the OSC. The court did not want to penalize the debtor for counsel's error.
When the court took that matter off calendar, it directed the debtor (in the tentative ruling and in a docket entry) to file a status report no later than 6/24/20. As of 6/30/20 at 4:34 p.m., no status report has been filed.
The court is astonished that afer the court issued an order to show cause why this case should not be dismissed -- something the court rarely is forced to do in a chapter 11 case -- the debtor couldn't comply with the simple direction to file a status report a week before this status conference (or, indeed, any status report).
This matter will not be called on 7/1/20. It is a waste of time.
The court will issue another order to show cause why this case should not be dismissed. The OSC will also include sanctions. The debtor's written response must include a satisfactory explanation as well as a proposed scheduling order with a deadline for filing a plan and disclosure statement.
Debtor(s):
Pari F Kermani Represented By Dana M Douglas
1:30 PM
Docket 502
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant. Movant to lodge order within seven days.
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
1:30 PM
CA 90077
fr. 11-20-19, 1-7-20, 1-8-20
fr. 3-10-20, 4-29-20
Docket 29
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Nathan F Smith
1:30 PM
Docket 52
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
01 BH Partnership Represented By
Mark E Goodfriend
1:30 PM
Docket 42
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
01 BH Partnership Represented By
Mark E Goodfriend
1:30 PM
fr.9-10-19, 11-6-19, 11-20-19
fr. 1-7-20, 1-8-20,3-10-20
fr. 4-29-20
Docket 1
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:30 AM
RE: [56] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2781 Calle Bienvenido, Thousand Oaks, CA 91360.
FR. 5-27-20, 6-10-20
Docket 56
- NONE LISTED -
Debtor(s):
Rebecca Jolene Borchers Represented By Matthew D. Resnik
Movant(s):
Citibank, N.A., as Trustee for Represented By Katherine S Walker
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [55] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 66 West Garden Green, Port Hueneme, CA 93041 . (Khil, Christina)
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Docket 55
Appearances required. Please confirm that the Debtor hasn't cured the delinquency as of the hearing date.
11:30 AM
Debtor(s):
Carol Richardson Represented By James Studer
Movant(s):
Bank of New York Mellon Trust Represented By
Christina J Khil
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [31] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 8116 North Ventura Avenue, Ventura, CA 93001
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Docket 31
Appearances required.
The "forbearance plan" the Debtor references is a form that the Debtor filled out online. The form clearly states that filling out the form is only a request for a forbearance plan, as seen above the signature lines. See Opposition,
11:30 AM
Exhibit C. The bottom of the form makes even more clear that the form is a request by stating that processing time for the request is seven to ten business days. The Debtor has not attached a confirmation of the request.
The movant should be prepared to confirm the status of any forbearance approval or denial. The Debtor should be prepared to confirm what, if any, payments have been made since the forbearance request form was filled out.
Debtor(s):
Sandra Soto Represented By
Randall V Sutter
Movant(s):
Broker Solutions Inc. dba New Represented By
Erin M McCartney
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [12] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate Real Property & Personal Property
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Docket 12
Is there any opposition to the motion?
The presumption arises that this case was not filed in good faith. What is the clear and convincing evidence to rebut the presumption?
11:30 AM
Debtor(s):
Adrian Rosales Represented By Todd J Mannis
Joint Debtor(s):
Erika Cervantes Represented By Todd J Mannis
Movant(s):
Adrian Rosales Represented By Todd J Mannis
Erika Cervantes Represented By Todd J Mannis Todd J Mannis
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [24] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 825 Buckley Road, San Luis Obispo, CA with Points and Authorities and Proof of Service. (Horowitz, Carissa)
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Docket 24
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the
11:30 AM
motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
Deny extraordinary relief requested in paras. 9, 11, and 12 (no cause shown).
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Accuair Control Systems, LLC Represented By Paul F Ready
Movant(s):
SLO Buckley Properties, LLC, Represented By Carissa N Horowitz William C Beall
Trustee(s):
Jeremy W. Faith (TR) Represented By Meghann A Triplett
11:30 AM
RE: [12] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 Ford Mustang Vehicle Identification Number: 1FA6P8CF6F5303077 with proof of service. (Blackman, Mark)
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Docket 12
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the
11:30 AM
motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Joshua James Balding Represented By Karen Ware
Joint Debtor(s):
Andrea Balding Represented By Karen Ware
Movant(s):
Kinecta Federal Credit Union Represented By Mark S Blackman
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [193] Motion to Withdraw as Attorney ; Memorandum of Points and Authorities in Support (Metzger, Matthew)
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Docket 193
The motion did not attach a proof of service. Two proofs of service were separately filed improperly without caption pages (LBR 9013-3(c)).
The motion is based on the assertion that counsel had been unable to communicate with the debtor. The motion is based on citation to obsolete rules of professional conduct superseded as of 11/1/18. Counsel relies on
11:30 AM
RPC 3-700(c)(1)(d), which was superseded by RPC 1.16(b)(4), regarding conduct of the client that renders effective representation unreasonably difficult.
The motion asserts that the last communication received from the debtor was on 3/9/20. As to his efforts to reach the debtor, counsel testifies only that he made "repeated efforts via phone and email" to which the debtor had not responded -- but there is no indication of when these efforts were made. The motion appears to have been precipitated by 6/2/20 notice that the U.S. Trustee intended to file another motion to dismiss or convert. The motion to withdraw was filed on 6/5/20, leaving the court to wonder if counsel's efforts to contact the client were only in that three-day window. The declaration in support of the motion is insufficient to establish that the debtor has made effective representation unreasonably difficult.
The motion also makes a request of great concern to the court: that withdrawal be ordered nunc pro tunc to the date the motion was filed. Such a request undermines the requirement that counsel seek leave to withdraw -- why should the court rule now that counsel had no duties to the debtor before the court allowed him to withdraw? Does counsel believe he was relieved of his duties of counsel before this motion was decided? Otherwise, what could possibly be the point of nunc pro tunc effect of withdrawal?
The fact that bankrutpcy courts may grant nunc pro tunc relief in certain contexts, as reflected in the authorities cited by counsel, does not mean that such relief is appropriate for withdrawal of counsel. Counsel cites no authority supporting nunc pro tunc withdrawal of counsel.
The U.S. Trustee filed a motion to dismiss or convert on the same day counsel filed his motion to withdraw. Counsel filed an opposition to the motion, evidently without the debtor's consent. While counsel asserts that his "hands are tied," and he is doing what he can while his motion is pending, he was clearly not authorized by the debtor to file the response to the motion -- especially not a response made on the debtor's behalf.
To the extent counsel believed that he was required to file something in response to the UST's motion despite not being authorized to do so by the
11:30 AM
debtor, it is important to note that there was no need for counsel to set the withdrawal motion for hearing or to wait the notice period -- pursuant to LBR 2091-1(a), a motion for withdrawal may be made under LBR 9013-1(p).
The court needs to hear more details regarding counsel's efforts to contact the debtor. That will impact whether the court can grant this motion and whether the court should continue the U.S. Trustee's motion.
Debtor(s):
Leo Rito Sandoval Jr Represented By Matthew D Metzger
Amelia Puertas-Samara
Movant(s):
Leo Rito Sandoval Jr Represented By Matthew D Metzger Matthew D Metzger Matthew D Metzger Matthew D Metzger
Amelia Puertas-Samara Amelia Puertas-Samara Amelia Puertas-Samara Amelia Puertas-Samara
11:30 AM
RE: [200] U.S. Trustee Motion to dismiss or convert Notice Of Motion And Motion Under 11 U.S.C. § 1112(b) To Dismiss Or Convert Case; Declaration Of Alfred Cooper III . (Fittipaldi, Brian)
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Docket 200
- NONE LISTED -
Debtor(s):
Leo Rito Sandoval Jr Represented By Matthew D Metzger
11:30 AM
Movant(s):
Amelia Puertas-Samara
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
RE: [464] Motion for order confirming chapter 11 plan 7th Amended Plan; Declaratons of Aimee Nozzi and Stella Havkin
Docket 464
- NONE LISTED -
Debtor(s):
Aimee Nozzi Represented By
Stella A Havkin
Movant(s):
Aimee Nozzi Represented By
Stella A Havkin
11:30 AM
Adv#: 9:20-01023 Namba, Chapter 7 Trustee v. Quinn Emanuel Urquhart & Sullivan, LLP
RE: [19] Motion to Dismiss Adversary Proceeding (Nassiri, Jennifer)
Docket 19
- NONE LISTED -
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Defendant(s):
Quinn Emanuel Urquhart & Represented By Jennifer L Nassiri
Movant(s):
Quinn Emanuel Urquhart & Represented By Jennifer L Nassiri
Plaintiff(s):
Jerry Namba, Chapter 7 Trustee Represented By
Sonia Singh
John N Tedford IV Eric P Israel
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
Adv#: 9:20-01023 Namba, Chapter 7 Trustee v. Quinn Emanuel Urquhart & Sullivan, LLP
RE: [1] Adversary case 9:20-ap-01023. Complaint by Jerry Namba, Chapter 7 Trustee against Quinn Emanuel Urquhart & Sullivan, LLP. (Charge To Estate). Nature of Suit: (91 (Declaratory judgment)),(12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other)) (Tedford, John)
FR. 4-28-20, 5-18-20, 6-16-20
Docket 1
- NONE LISTED -
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Defendant(s):
Quinn Emanuel Urquhart & Represented By Jennifer L Nassiri
Plaintiff(s):
Jerry Namba, Chapter 7 Trustee Represented By
Sonia Singh
John N Tedford IV Eric P Israel
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:00 AM
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Docket 65
- NONE LISTED -
Debtor(s):
Robert Edward Baldwin Represented By John D Faucher
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:00 AM
11:30 AM
RE: [63] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Chevrolet Silverado, VIN: 3GCUKRER0HG479812 . (Ith, Sheryl)
Docket 63
- NONE LISTED -
Debtor(s):
Michael Carlson Represented By Todd J Mannis
Joint Debtor(s):
Christine Carlson Represented By Todd J Mannis
Movant(s):
Santander Consumer USA Inc. Represented By Sheryl K Ith
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [9] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 2699 N. Velarde Drive, Thousand Oaks, CA 91360 ; Declaration of Christopher John Sanchez in Support Thereof, with Proof of Service.
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Docket 9
- NONE LISTED -
Debtor(s):
Christopher John Sanchez Represented By
11:30 AM
Movant(s):
Matthew D. Resnik
Christopher John Sanchez Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 78
- NONE LISTED -
Debtor(s):
Manuel Rodrigues Represented By William C Beall
Joint Debtor(s):
Diana M. Rodrigues Represented By William C Beall
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
FR. 6-1-20
Docket 120
- NONE LISTED -
Debtor(s):
Monique Janel Mansfield Represented By Carissa N Horowitz William C Beall
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [16] Motion for fine and/or disgorgement of fees against bankruptcy petition preparer Notice Of Motion And Motion Under 11 U.S.C. § 110 For Disgorgement Of Fees And Fines Against Bankruptcy Petition Preparer American Bankruptcy Company/Easy Document Services; Memorandum Of Points And Authorities; Declaration Of Joyce Hong (Fittipaldi, Brian)
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Docket 16
- NONE LISTED -
11:30 AM
Debtor(s):
Arcelia Sanchez Jaime Pro Se
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [1] Chapter 7 Involuntary Petition Against an Individual. Charles W. Aarni Employee Profit Sharing Plan (attorney Beth Gaschen), Allan Chodor (attorney Beth Gaschen), Mary and Marvin Owen 1993 Trust (attorney Beth Gaschen), The McGowan Exemption Trust dated 03/26/2003 (attorney Beth Gaschen) .
FR. 11-7-17, FR. 12-5-17, 1-24-18, 2-1-18, 5-8-18, 8-7-18, 11-13-18, 2-11-19,
3-19-19, 11-5-19, 3-3-20
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Docket 1
The trustee must serve the debtor with all filed documents, as he is not
11:30 AM
represented by counsel. He wasn't served with the status report.
Dates for a continued status conference include October 27 and November 10.
Debtor(s):
Robert Hesselgesser M.D. Pro Se
Trustee(s):
Jeremy W. Faith (TR) Represented By Jeffrey I Golden Beth Gaschen
11:30 AM
RE: [48] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 11802 Ellice Street, Malibu, CA 90265 . Filed by Genova Capital, Inc.
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Docket 48
- NONE LISTED -
Debtor(s):
Brigham G. Field Represented By
D Edward Hays
11:30 AM
Movant(s):
Tinho Mang David Wood
Genova Capital, Inc. Represented By Andrew Mase Timothy M Ryan
11:30 AM
RE: [53] Motion for Relief from Stay Notice of Motion and Motion for Relief from the Automatic Stay Under 11 U.S.C. § 362 (with supporting declarations) (ACTION IN NONBANKRUPTCY FORUM) Filed by Helen Deeds (Name of Nonbankruptcy Action: Helena Deeds v. Colette Pelissier et al. Docket number: SC128336; Nonbankruptcy forum where Nonbankruptcy Action is pending: Superior Court of California, County of Los Angeles.)
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Docket 53
- NONE LISTED -
11:30 AM
Debtor(s):
Brigham G. Field Represented By
D Edward Hays Tinho Mang David Wood
Movant(s):
Helena Deeds Represented By Andrew C Jhun Aviv L Tuchman Michael C Dicecca Matthew A Lesnick
11:30 AM
RE: [13] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 10936 Pacific View Drive, Malibu, CA 90265 (with supporting declarations). Filed by Tsasu LLC
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Docket 13
- NONE LISTED -
Debtor(s):
Edgar Augusto Meinhardt Iturbe Pro Se
11:30 AM
Movant(s):
Sunny Acre Represented By
Peter J Mastan
Tsasu LLC Represented By
Peter J Mastan
11:30 AM
RE: [1] Chapter 11 Voluntary Petition Individual.
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Docket 1
- NONE LISTED -
Debtor(s):
Edgar Augusto Meinhardt Iturbe Pro Se
11:30 AM
RE: [906] Motion For Final Decree and Order Closing Case. Notice of Motion and Motion to Enter Discharge and Issue a Final Decree that the Chapter 11 Plan Has Been Substantially Consummated; Memorandum of Points and Authorities; Declaration in Support with Proof of Service Thereof
FR. 3-9-20
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Docket 906
The court has questions regarding payments to certain parties.
11:30 AM
As to Weiland Golden Goodrich LLP ("WGG"), the Debtor lodged an order on a stipulation with WGG regarding payment of fees not paid pursuant to the plan. Under the stipulation (Docket No. 905), the debtor was to pay the
$23,566.64 balance owed to WGG in installments over four months. The court rejected the order because the stipulation included a provision that the case "shall convert" to chapter 7 if one of the installment payments was not made. There are no set dates in the stipulation for the payments, and the court has received no information regarding whether the payments have been made.
And as to Classes 16 and 17, the underlying obligations mature in less than a month on 4/3/20. In the Plan, the Debtor committed to refinancing those obligations by 12/31/19, and, if he did not refinance, to selling the properties. The Motion provides no information regarding the status of refinancing or selling the properties, so the court doesn't know how treatment of Classes 16 and 17 has been implemented.
If the Debtor can demonstrate that WGG has been paid and that treatment of Classes 16 and 17 has been implemented in some manner, the court can grant the motion.
Debtor(s):
Kerry S Moriarty Represented By Robert E Hurlbett Reed H Olmstead James R Selth Felicita A Torres Eric Bensamochan Jeffrey I Golden
Movant(s):
Kerry S Moriarty Represented By Robert E Hurlbett Robert E Hurlbett Robert E Hurlbett
11:30 AM
Robert E Hurlbett Reed H Olmstead Reed H Olmstead Reed H Olmstead Reed H Olmstead James R Selth James R Selth James R Selth James R Selth Felicita A Torres Felicita A Torres Felicita A Torres Felicita A Torres Eric Bensamochan Eric Bensamochan Eric Bensamochan Eric Bensamochan Jeffrey I Golden Jeffrey I Golden Jeffrey I Golden Jeffrey I Golden
11:30 AM
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Docket 848
- NONE LISTED -
Debtor(s):
Kerry S Moriarty Represented By Robert E Hurlbett Reed H Olmstead
11:30 AM
James R Selth Felicita A Torres Eric Bensamochan Jeffrey I Golden
11:30 AM
RE: [174] Amended Chapter 11 Plan (FIRST AMENDED), with Proof of Service 149 Chapter 11 Plan of Reorganization , with Proof of Service . (Moradi-Brovia, Roksana)
FR. 10-2-18, 11-13-18, 12-18-18, 1-15-19, 2-5-19,
FR. 3-11-19 (STATUS CONFERENCE/HOLDING DATE),
FR. 5-14-19, 7-3-19, 9-26-19, 12-17-19, 3-3-20, 3-24-20, 6-1-20
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Docket 174
Does the debtor need another continuance? Any objections?
11:30 AM
Debtor(s):
Jonathan David Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:30 AM
FR. 6-23-20, 6-30-20
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Docket 107
- NONE LISTED -
11:30 AM
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
11:30 AM
Adv#: 9:19-01035
Harandi v. Harandi
Telephonic Hearing
RE: [1] Adversary case 9:19-ap-01035. Complaint by Elizabeth Ann Harandi, Farshad Fasihi Harandi against Farshad Fasihi Harandi. priority or extent of lien or other interest in property)),(91 (Declaratory judgment)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(81 (Subordination of claim or interest))(Winston, Brandon)
FR: 10-29-19, 2-18-20, 6-23-20
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Docket 1
11:30 AM
The bankruptcy case has been converted but no trustee has been appointed yet. Continue approximately 60 days to allow time for a trustee to be appointed and review the case file.
The court has availability on August 25 at 11:30, September 1 at 11:30, and September 8 at 11:30.
Debtor(s):
Farshad Fasihi Harandi Pro Se
Defendant(s):
Farshad Fasihi Harandi Represented By David A Tilem
Plaintiff(s):
Elizabeth Ann Harandi Represented By Brandon Winston
Trustee(s):
David Seror (TR) Pro Se
11:30 AM
Adv#: 9:19-01070 Itkin v. Shigenaga et al
RE: [1] Adversary case 9:19-ap-01070. Complaint by Robbin L Itkin against Monica Shigenaga, COCOJOR HAWAII, LLC, JADOO, LLC. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
FR. 3-24-20, 6-13-20
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AND
11:30 AM
Status Hearing
RE: [13] Counterclaim by Shigenega Shigenaga, et al against Robbin L Itkin
Docket 1
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Monica Shigenaga Pro Se
COCOJOR HAWAII, LLC Pro Se
JADOO, LLC Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:00 AM
Docket 0
- NONE LISTED -
11:00 AM
Docket 1
Any compliance issues?
Set bar date, claim objection deadline, plan/disclosure statement deadline.
Debtor(s):
33 Valley, LLC Represented By Raymond H. Aver
11:00 AM
Docket 47
Approve disclosure statement.
Please have dates in mind for sending out the solicitation package, confirmation hearing, and related deadlines.
A general note to counsel for all pleadings filed in their cases: please use the court's mandatory form proof of service going forward.
Debtor(s):
Michael John Bostic Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:00 AM
Docket 123
- NONE LISTED -
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
11:00 AM
Adv#: 1:20-01051 NAI Capital, Inc. v. Carranza In Her Capacity As Administrator For The
Docket 1
- NONE LISTED -
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
Defendant(s):
Jovita Carranza In Her Capacity As Represented By
Elan S Levey
Plaintiff(s):
NAI Capital, Inc. Represented By Ron Bender
Richard P Steelman Jr Lindsey L Smith
Beth Ann R Young Todd M Arnold
1:30 PM
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Docket 31
- NONE LISTED -
Debtor(s):
Megna Real Estate Holdings, Inc. Represented By
Mark T Young
1:30 PM
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Docket 346
- NONE LISTED -
1:30 PM
Debtor(s):
Yu Hua Long Investments LLC Represented By
M. Jonathan Hayes
Trustee(s):
Timothy Yoo (TR) Represented By Philip A Gasteier Jeffrey S Kwong Timothy J Yoo
1:30 PM
Adv#: 2:19-01519 3600 Ashe, LLC v. Koop
Docket 1
- NONE LISTED -
Debtor(s):
3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham
Defendant(s):
Ron Koop Pro Se
Plaintiff(s):
3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham
10:30 AM
FR. 9-19-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20
Docket 1
- NONE LISTED -
Debtor(s):
Robert B. Haight Represented By Nicholas S Nassif
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Sergio Hernandez Espinosa Represented By
R Grace Rodriguez
Joint Debtor(s):
Alma M Hernandez Represented By
R Grace Rodriguez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
FELIX KATZ Represented By Charles Shamash Joseph E. Caceres
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 14
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Steven W. Korth Represented By Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Consuelo Vargas Represented By Christian J Younger
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Steven John Luke Represented By
Michael H Raichelson
Joint Debtor(s):
Janelle Christine Luke Represented By
Michael H Raichelson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Angeles Lara Represented By
Robert E Traylor
Joint Debtor(s):
Ruben Lara Jr Represented By Robert E Traylor
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Robert L. Magee Represented By Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Brenton Gregory Davis Represented By Joseph A Weber
Joint Debtor(s):
Dania Beleiro-Davis Represented By Joseph A Weber
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Norma Guzman Parra Represented By
R Grace Rodriguez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Jason Isaac Ignacio Represented By Nicholas M Wajda
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Patricia Ellen Davidson Represented By Matin Rajabov
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Joint Debtor(s):
Holli Kolkowski Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Don Fitch Represented By
Eric Ridley
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
John M. Walker Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Humberto M Martinez Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
RAUL H YANEZ Represented By
Ronda Baldwin-Kennedy
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Thomas Martin Represented By
Michael D Kwasigroch
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 7
- NONE LISTED -
Debtor(s):
Heather M. Barreras Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Mark Alan Hazlewood Represented By Joshua L Sternberg
Joint Debtor(s):
Jeannine Hazlewood Represented By Joshua L Sternberg
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Briza O. Ramos Represented By Tom A Moore
Joint Debtor(s):
Hector Ramos Represented By Tom A Moore
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Nelson Castillo Represented By Todd J Mannis
Joint Debtor(s):
Linda Ulloa Represented By
Todd J Mannis
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Don Kissell Represented By
Todd Mannis
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Steven Phillip Rosen Represented By Vicki I Temkin
Joint Debtor(s):
Renee Terrie Rosen Represented By Vicki I Temkin
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Jessica Ann Rangel Represented By Christian J Younger
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Christina Sanchez Boswell Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Marcelline Affoue Kouamekan Represented By Ali R Nader
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Gina J Rea Represented By
Michael B Clayton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Carolyn Sue Curtis Represented By Julie J Villalobos
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Richard David Donald Represented By Reed H Olmstead
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Cynthia Ann Lovelace Represented By Reed H Olmstead
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Edward J. Zemaitis Represented By Michael B Clayton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Raymundo Badillo Flores Represented By Michael B Clayton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
(Hearing is set based upon Memorandum and Judgment entered by the BAP) FR. 9-19-19, 10-17-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Tentative ruling for 5/21/20:
The confirmation hearing was continued from 1/16 to 3/26/20. On 1/16, the court noted that there had been multiple hearings since remand and that the SPS claim objection still had not been properly noticed. The trustee’s counsel noted that there was still no relevant plan because no amended plan had been filed since the remand.
The prior plan was outdated because the Debtors had used the refunded plan payments and may have reduced claims while the case was dismissed. Counsel for the Debtors still had not come to a conclusion about the plan term, she had a "thinking" and didn’t understand why she couldn’t use the plan she had on file. The court noted that the existing pre-appeal plan didn’t match counsel’s "thinking." There was further colloquy between counsel and the court about properly noticing a new plan. Counsel also noted that she had no RARA. The court also told Ms. Lawson that she could always file a motion under § 529.
Confirmation was continued from 3/26 until today without being called at that
time.
10:30 AM
No post-appeal plan was filed until 4/10/20, more than six months after remand (Docket No. 132). A filer error was entered the same day (Docket No 136) noting that the plan was filed on an out-of-date form – counsel used the 2012 plan form. The notice to filer instructed counsel to immediately re-file the correct document. This has not been done, so there is still no plan since prior to the dismissal and appeal.
An objection to confirmation has been filed by the Debtors’ first mortgage lienholder, by U.S. Bank, N.A., as trustee. U.S. Bank states that the proposed plan provides for arrearages of $7,265.60 while the actual arrearages are $30,327.25. The objection notes that the Debtors never properly noticed the claim objection filed eight months ago on 9/18/19.
There appears to be ample basis for dismissal here.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m. Dtrs are required to either set their claims objection for hearing or file an adversary proceeding.
Ruling for 11/21/19: Continued to 1/16/20. Also, Debtor should file a withdrawl of the SPS objection.
Ruling for October 17, 2019: Continued to 11/21/19.
Debtor(s):
Arnold W Gross Represented By Stuart R Simone Janet A Lawson
Joint Debtor(s):
Laurie E Gross Represented By Stuart R Simone Janet A Lawson
10:30 AM
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 146
The court will overrule this objection without prejudice.
First, service is improper. The court won't sustain a claim objection with improper service. FRBP 3007(a)(2)(i) requires that an objection to a claim of the United States or any of its officers or agencies comply with Rule 7004(b)
(4) or (5). Since this objection is to a claim of an agency of the United States, the Debtors must comply with the service requirements of Rule 7004(b)(5), which requires service on the agency and service on United States under Rule 7004(b)(4). Service on the United States required the Debtors to send a copy to the civil process clerk at the office of the United States Attorney for the Central District of California, and to the Attorney General of the United States at Washington, D.C.
The proof of service document shows that the IRS was served via mail at the Philadelphia address required by the Court Manual. The Debtors did not comply with the requirement to serve the United States under Rule 7004(b) (4). The U.S. Attorney’s office for the Central District of California and the Attorney General were not served.
Second, the Debtors have not successfully shifted the burden back to the claimant to establish the validity of the claim. Section 502(a) provides that a "claim . . . filed under section 501 of this title, is deemed allowed, unless a party in interest objects." 11 U.S.C. § 502(a). Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim. Fed. R. Bankr. P. 3001(f); Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). Further, Rule 3001 only requires written evidence to be attached to the proof of claim if the claim is based on a
10:30 AM
writing. Fed. R. Bankr. P. 3001(c).
If a filed proof of claim complies with the rules, the burden shifts to the objecting party to "present evidence to overcome the prima facie case." United States v. Offord Fin., Inc., (In re Medina), 205 B.R. 216,222 (B.A.P. 9th Cir. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces evidence sufficient to negate one or more of the sworn facts in the proof of claim, the burden reverts to the claimant to prove the validity of the claim by a preponderance of the evidence. Ashford v. Consol. Pioneer Mort. (In re Consol. Pioneer Mort.), 178 B.R. 222, 226 (B.A.P. 9th Cir. 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)
(quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. Lundell, 223 F.3d at 1039; Holm, 931 F.2d at 623.
Here, the Debtors do not meet their burden of providing sufficient evidence of equal probative force as the allegations in the proof of claim. The IRS filed an amended proof of claim for $111,581.17 of general unsecured debt on 8/30/19. (ECF p. 14-15). The exhibits attached to the Motion only state that the IRS intercepted the Debtors’ (1) $6,917.29 federal tax refund from 2008 to pay off owed taxes from 2009; (2) $5,619.00 federal tax refund for 2018 to pay off $444.13 of owed taxes for 2008 and $5,174.87 for 2009; and (3)
$6,917.00 of 2018 state tax refund for purposes not mentioned. (ECF p. 8-10). Furthermore, the notices of the three tax refund interceptions were
dated on 4/15/19, 3/25/19, and 3/11/19. (ECF p. 8-10). The amended proof of claim filed by the IRS was filed on 8/30/19. (ECF p. 11). The objection then claims that the second and third interceptions should be deducted from the amount of unsecured debt requested. (ECF p. 6).
10:30 AM
The claim objection does not actually respond to any fact asserted in the IRS’s proof of claim, but instead states that these two intercepted tax refunds—which occurred prior to the amended proof of claim’s filing—need to be deducted from the IRS’s calculation of the $111,581.17. But the claim objection never makes any showing that it was not already deducted.
Therefore, the claim objection does not object to anything in the amended proof of claim, but instead states a fact that is not inherently inconsistent with the amended proof of claim. The claim objection also does not attempt to make any showing that the amended complaint does not account for the interceptions. Therefore, the Debtors do not meet their burden of proof.
The court also notes that the Debtors' exhibits do not make sense. Exhibit B is the state tax refund, and Exhibit A is apparently the federal tax refund, but only includes page 1 of 3 of the federal tax refund from 2018. (ECF p. 8-10). The first interception, from 2008, of $6,917.29 of federal tax refunds is recorded in Exhibit A but is never identified as an amount that should be deducted from the amount owed the IRS. The Debtors do not specify why this intercepted refund is included in the exhibits nor why it is not included in the amount requested to be deducted.
Debtor(s):
Arnold W Gross Represented By Stuart R Simone Janet A Lawson
Joint Debtor(s):
Laurie E Gross Represented By Stuart R Simone Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 147
- NONE LISTED -
Debtor(s):
Arnold W Gross Represented By Stuart R Simone Janet A Lawson
Joint Debtor(s):
Laurie E Gross Represented By Stuart R Simone Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 8-23-18, 9-27-18, 11-15-18, 1-17-19, 3-21-19, 5-23-19, 8-15-19, 11-21-19,
1-16-20, 3-26-20, 5-21-20, 6-18-20
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Ruling for 11/21/19: Continued to 1/16/20.
Ruling for May 23, 2019: Continued to 8/15/19 at 10:00 a.m. x
Ruling on March 21, 2019
Continued to May 23, 2019.
Debtor(s):
Jeffrey Clay Hardy Represented By Matthew D. Resnik
10:30 AM
Joint Debtor(s):
Tammy Lee Hardy Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 2-21-19, 3-21-19, 5-23-19, 9-19-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20
Docket 3
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Ruling for 11/21/19: Continued to 1/16/20.
Ruling for 9/19/19:
Continued to 11/21/19
Ruling for May 23, 2019:
Continued to August 15, 2019 at 10:00 a.m.
Ruling on March 21, 2019
Continued to May 23, 2019 @ 10:00 a.m.
Debtor(s):
Jorge Ramirez Represented By Janet A Lawson
10:30 AM
Joint Debtor(s):
Amelia Ramirez Represented By Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 104
The court must sustain the claim objection.
The time for filing a proof of claim in a chapter 13 case is prescribed by FRBP 3002(c) as 70 days after the order for relief. The rule enumerates a list of exceptions, none of which were invoked by the Creditor or appear to apply here. The rule allows a motion to extend the time, including based on insufficient notice, but such a motion must be filed before the expiration of the period. Fed. R. Bankr. P. 3002(c)(6). Fed. R. Bankr. P. 9006(b)(3). A late filed claim is generally disallowed under § 502(b)(9).
Under FRBP 9006(b) regarding enlargement of time, the time period to file a claim under FRBP 3002(c) is listed as one of those that may be enlarged "only to the extent and under the conditions stated in [that rule]." While extension under FRBP 9006(b) and based on equitable principles may be possible under chapter 11, the deadline in chapter 13 under FRBP 3002(c) is "rigid." Gardenhire v. IRS (In re Gardenhire), 209 F.3d 1145, 1148 (9th Cir. 2000). The Ninth Circuit has ruled that "a bankruptcy court lacks equitable discretion to enlarge the time to file proofs of claim; rather, it may only enlarge the filing time pursuant to the exceptions set forth in the Bankruptcy Code and Rules." Id.
Because the Creditor does not claim that any of the exceptions of FRBP 3002(c) applies to her or to Claim 5, the court lacks any discretion, regardless of the equities, to enlarge the time to file a claim such that Claim 5 may be considered timely.
Debtors to lodge order within seven days.
10:30 AM
Debtor(s):
Jorge Ramirez Represented By Janet A Lawson
Joint Debtor(s):
Amelia Ramirez Represented By Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 5-23-19, 9-19-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20
Docket 1
Ruling for May 23, 2019:
Continued to September 19, 2019
Debtor(s):
Susan Y McDermott Represented By Jerry Namba
Joint Debtor(s):
Michael J McDermott III Represented By Jerry Namba
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [48] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Leta Finch v. Susan and Michael McDermott . (Bertelsen, Susan)
FR. 6-21-19, 8-16-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20
Docket 48
Ruling for 6/21/19: Continued to 8/16/19 at 10:30 a.m. for proper service on the debtor per the local rules.
Debtor(s):
Susan Y McDermott Represented By Jerry Namba
Joint Debtor(s):
Michael J McDermott III Represented By Jerry Namba
Movant(s):
Leta Finch Represented By
David Stroud David P Stroud
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [53] Motion for Abstention Under Section 305 FR. 8-16-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20
Docket 53
- NONE LISTED -
Debtor(s):
Susan Y McDermott Represented By Jerry Namba
Joint Debtor(s):
Michael J McDermott III Represented By Jerry Namba
Movant(s):
Leta Finch Represented By
David Stroud David P Stroud
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 8-16-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20
Docket 45
- NONE LISTED -
Debtor(s):
Susan Y McDermott Represented By Jerry Namba
Joint Debtor(s):
Michael J McDermott III Represented By Jerry Namba
Movant(s):
Susan Y McDermott Represented By Jerry Namba
Michael J McDermott III Represented By Jerry Namba
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 9-19-19, 11-21-19, 1-16-20, 3-26-20, 4-16-20, 6-18-20
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for 11/21/19: Continued to 1/16/20.
Debtor(s):
Warren Johnson Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 9-19-19, 11-21-19, 12-19-19, 2-27-20, 3-26-20, 4-16-20, 6-18-20
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for February 27, 2020
Continued to March 26, 2020 at 10:00 a.m.
Ruling for December 19, 2019: Continued to 2/27/20.
Ruling for 11/21/19: Continued to 12/19/19.
Ruling for 9/19/19:
Cont'd to 11/21/19
Debtor(s):
Larry E. Greene Represented By Matthew D. Resnik
10:30 AM
Joint Debtor(s):
Roxanne Greene Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Ruling for February 27, 2020
Continued to July 16, 2020 at 10:00 a.m. The confirmation hearing may be further continued at the June 29, 2020 evidentiary hearing.
Ruling for December 19, 2019: Continued to 2/27/20.
Debtor(s):
Albert Maxwell Goldberg Represented By
Richard Mark Garber
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [57] Motion To Cram Down Mortgage Lien Of 1900 Capital Trust III, By US Bank, As Certificate Trustee; [58] Motion to Avoid Lien JUNIOR LIEN with First American Funding, LLC Filed by Debtor Albert Maxwell Goldberg
Docket 57
This evidentiary hearing can be conducted by the court on ZoomGov.
Please have some dates in mind for the hearing and related deadlines.
Debtor(s):
Albert Maxwell Goldberg Represented By
Richard Mark Garber
Movant(s):
Albert Maxwell Goldberg Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Robert Edward Baldwin Represented By John D Faucher
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
(zoomgov evi hrg re property value)
RE: [70] Motion to Avoid Lien Judicial Lien with First Resolution Investment Corp. (Faucher, John)
FR. 5-21-20
Docket 70
The court ruled, after an evidentiary hearing, that the Property value is
$450,000. No order has been lodged.
Debtor(s):
Robert Edward Baldwin Represented By John D Faucher
Movant(s):
Robert Edward Baldwin Represented By John D Faucher
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Ruling for March 26, 2020
Continued to May 21, 2020 at 10:00 a.m.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for February 27, 2020
Continued to March 26, 2020 at 10:00 a.m.
Ruling for December 19, 2019: Continued to 2/27/20.
Debtor(s):
Oscar Hernandez Rodriguez Represented By Claudia C Osuna
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Ruling for March 26, 2020
Continued to June 18, 2020 at 10:00 a.m.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Jonathan Bravo Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Jorge Gutierrez Gonzalez Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Debtor(s):
Denise Lynn Vreeland Represented By Ali R Nader
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m. Debtor must file a new 35-day notice.
Debtor(s):
Anabel Hernandez Munoz Represented By Stephen L Burton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 7
- NONE LISTED -
Debtor(s):
David Edward Nelson Represented By Louis J Esbin
Joint Debtor(s):
Corina Ivonne Nelson Represented By Louis J Esbin
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Jeremy B Sacolles Represented By Matthew D. Resnik
Joint Debtor(s):
Lyndee Alma Olosan Sacolles Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Marcelo Valdez Represented By Stephen S Smyth
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Francisco Robles Jr Represented By Bryan Diaz
Joint Debtor(s):
Rosa Elena Robles Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Kevine Wayne Bozarth Represented By Michael B Clayton
Joint Debtor(s):
Jeri Dawn Bozarth Represented By Michael B Clayton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Wayne Allen Ybarra Represented By Michael B Clayton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Victor Hernandez Represented By Rebecca Tomilowitz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 113
- NONE LISTED -
Debtor(s):
Baltazar R. Tapia Represented By Bryan Diaz
Joint Debtor(s):
Susan M. Tapia Represented By Bryan Diaz
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [33] Trustee's Motion to Dismiss Case Trustee Motion for Order Dismissing Case due to Failure to submit Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 33
- NONE LISTED -
Debtor(s):
Steven D. Barb Represented By Karen L Grant
Joint Debtor(s):
Terry L. Barb Represented By
Karen L Grant
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [73] Trustee's Motion to Dismiss Case for Failure to Submit All Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (SV))
Docket 73
- NONE LISTED -
Debtor(s):
Eric W Robinson Represented By Janet A Lawson
Joint Debtor(s):
Diane M Robinson Represented By Janet A Lawson
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 78
- NONE LISTED -
Debtor(s):
Eric W Robinson Represented By Janet A Lawson
Joint Debtor(s):
Diane M Robinson Represented By Janet A Lawson
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [107] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 9-19-19, 10-17-19, 12-19-19, 2-27-20, 4-16-20, 6-18-20
Docket 107
Ruling for December 19, 2019: Continued to 2/27/20.
Ruling for October 17, 2019: Continued to 12/19/19.
Ruling for 9/19/19: Continued to 10/17/19
Debtor(s):
Michael Harry Lesseos Represented By Michael F Chekian
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [58] Trustee's Motion to Dismiss Case Trustee Motion for Order Dismissing Case due to Failure to submit Tax Returns (AMENDED) F Rojas (TR) (Rojas (TR), Elizabeth (SV))
Docket 58
- NONE LISTED -
Debtor(s):
Fausto Navarro Represented By James C Ames
Joint Debtor(s):
Arlene Marie Navarro Represented By James C Ames
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [42] Trustee's Motion to Dismiss Case Trustee Motion to Dismiss Case for Failure to Submit All Tax Refunds (AMENDED) F Rojas (TR) (Rojas (TR), Elizabeth (SV))
Docket 42
- NONE LISTED -
Debtor(s):
Mostafa M Ashraf Represented By John K Rounds
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [43] Trustee's Motion to Dismiss Case Trustee Motion to Dismiss Case for Failure to Submit All Tax Returns (AMENDED) F Rojas (TR) (Rojas (TR), Elizabeth (SV))
Docket 43
- NONE LISTED -
Debtor(s):
Mostafa M Ashraf Represented By John K Rounds
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [80] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 11-21-19, 12-19-19, 2-27-20, 5-21-20
Docket 80
Ruling for February 27, 2020
Continued to May 21, 2020 at 10:00 a.m.
Ruling for December 19, 2019: Continued to 2/27/20.
Ruling for 11/21/19: Continued to 12/19/19.
Debtor(s):
Julie Witt Bowles Represented By Steven A Alpert
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 5-21-20
Docket 68
- NONE LISTED -
Debtor(s):
Jose Roberto Toledo Represented By Todd J Mannis
Joint Debtor(s):
Gabriela Zambrano Represented By Todd J Mannis
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [91] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20, 6-18-20
Docket 91
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Scott Rosson Represented By
Michael D Kwasigroch
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [50] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 2-27-20, 5-21-20
Docket 50
- NONE LISTED -
Debtor(s):
Rebecca Jolene Borchers Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 3-26-20, 5-21-20
Docket 56
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Mervlyn Thelma Kerr Represented By Charles Shamash Joseph E. Caceres
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
ORDER TO SHOW CAUSE RE: ENTRY OF SECOND DISCHARGE IN THIS CASE
FR. 6-18-20
Docket 76
- NONE LISTED -
Debtor(s):
Maria Teresa Chavez Represented By Charles W Oaks
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [57] Motion and Notice of Motion TO REINSTATE ORDER AND AUTOMATIC STAY UNDER THE ADEQUATE PREOTCTION AGREEMENT WITH THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR REGISTERED HOLDERS OF CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2005-7 DATED AUGUST 16, 2019, with
Proof of Service FR. 6-18-20
Docket 57
- NONE LISTED -
Debtor(s):
Valerie Michelle Romo Represented By Nathan A Berneman
Movant(s):
Valerie Michelle Romo Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [35] Objection to Claim Number 6 by Claimant MTGLQ INVESTORS LLP.
Docket 35
- NONE LISTED -
Debtor(s):
Sumaira Rahman Pro Se
Movant(s):
Sumaira Rahman Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
RE: [38] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 295 Monte Via, Oak View, California 93022
Docket 38
Please update the court on status.
Debtor(s):
John Gardener Mahon Represented By Matthew D. Resnik
Movant(s):
U.S. Bank Trust National Represented By Angie M Marth
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [53] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 4052 Capella Street, Lompoc, CA 93436 . (Lee, Nancy)
FR. 4-15-20, 6-16-20
Docket 53
Please update the court on status.
Debtor(s):
Chad W. Myers Represented By Matthew D. Resnik
Movant(s):
Wells Fargo Bank NA Represented By Tavon Taylor Nancy L Lee
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [52] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 541 Sherwood Way, Oxnard, CA 93033 .
Docket 52
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
Debtor(s):
Alfonso Serrato Cortez Represented By William E. Winfield
11:30 AM
Movant(s):
U.S. Bank National Association, not Represented By
Erin M McCartney
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [29] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3323 View Pointe Drive, Westlake Village, CA 91361 (Lee, Nancy)
FR. 6-23-20
Docket 29
Appearances required. No opposition was filed, but the court would like some more information, including confirmation that the proof of insurance has not been provided and an update on whether the debtor is current postpetition.
Debtor(s):
James L Cinney Sr. Represented By Julie J Villalobos
Movant(s):
American Advisors Group Represented By Nancy L Lee
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [17] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2123 Empresa Lane, Oxnard, CA 93036 with Proof of Service. (Richey, Cassandra)
FR. 5-13-20
Docket 17
The only question remaining is whether (d)(4) relief is appropriate. Has the movant shown cause?
Debtor(s):
RAUL H YANEZ Represented By
Ronda Baldwin-Kennedy
Movant(s):
Wilmington Trust, National Represented By Cassandra J Richey
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [9] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate .
Docket 9
There really isn't a strong showing (or any showing) by the debtor here.
With respect to the grounds for arguing that the presumption of bad faith under § 362(c)(3) has not arisen or has been overcome, the debtor only asserts generically that he has "been able to recover from the financial hardship" that led to dismissal of the prior case and can meet his plan obligations. This is insufficient for the court to be able to conclude that the debtor's financial condition changed in the five-day period between the two cases such that this case is likely to conclude with a confirmed and fully performed plan.
When the debtor filed the prior case, he claimed income of $6,000/month solely from rental income. He failed to include the required statement itemizing the elements of the rental income (Schedule I, 8a). The debtor identified no unexpired leases.
In the current case, the debtor claimed less income, again $5,000/month solely from rental income and without the required statement showing how net income was calculated. He also again disclosed no unexpired leases.
The debtor asserts in his declaration in support of the motion that dismissal of the prior case was due to a tenant's failure to pay rent. He does not say that the tenant has paid the past-due rent and/or resumed rent payments. He also does not explain why the amount of rental income has decreased. Given that there is no disclosed lease, the court has no way to conclude that this is reliable rental income sufficient to fund a plan for its full term. The debtor evidently has no other source of income.
11:30 AM
The debtor's SOFA undermines any claim that he has recovered financially. The SOFA filed in his 2/18/20 case stated that his income year-to-date was $15,000. The SOFA filed on 6/23/20 again states that his year-to-date income was still
$15,000 four months later.
The debtor's generic assertion of "recovery" is insufficient and is rebutted by his own case commencement documents. Unless he is able to present further information regarding his prior financial difficulty and what has changed since the prior case was dismissed (e.g., he claims the difficulty was because a tenant failed to pay rent, but doesn't say that the tenant is now paying rent), the court will have to deny the motion.
Two creditors were clearly not properly served:
Service on Idolina Harris was made at an address other than the one she used on the proof of claim filed in the prior case (and again in the proof of claim filed in this case after this motion was filed).
Service on another secured creditor, Capital One Auto Finance was made on an incomplete address -- it just says "Credit Bureau Dispute, Plano, TX 95025" with no street address or P.O. box. The debtor could easily have used the address given on the proof of claim filed in the prior case.
Debtor(s):
George J Rangel Represented By Joshua L Sternberg
Movant(s):
George J Rangel Represented By Joshua L Sternberg
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [56] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2781 Calle Bienvenido, Thousand Oaks, CA 91360.
FR. 5-27-20, 6-10-20, 7-8-20
Docket 56
- NONE LISTED -
Debtor(s):
Rebecca Jolene Borchers Represented By Matthew D. Resnik
Movant(s):
Citibank, N.A., as Trustee for Represented By Katherine S Walker
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [50] Motion to vacate order Motion for Relief From Stay, Hearing Date July 21, 2020 @ 10:30am in Ctrm 301, with proof of service
Docket 50
- NONE LISTED -
Debtor(s):
Pablo Valencia Represented By Matthew D. Resnik
Movant(s):
Pablo Valencia Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 48
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v.
Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
George Rankin Shepherd Jr Pro Se
Joint Debtor(s):
Janet Earline Shepherd Pro Se
Trustee(s):
Jerry Namba (TR) Represented By
11:30 AM
Brad Krasnoff Michael G D'Alba
11:30 AM
RE: [137] Motion RE: Objection to Claim Number 13,32,46,50,60 by Claimant STEVE BROOKS, GEORGE SAMPAS, BETHEL MATHER, JAMES D. HOUGHTON. [OMNIBUS] NOTICE OF MOTION AND MOTION FOR ORDER DISALLOWING CLAIM 50 OF STEVE BROOKS AND CLAIM 46 OF GEORGE SAMPAS AS DUPLICATIVE; SUBORDINATING CLAIM 60 OF BETHEL MATHER AS LATE FILED; AND DISALLOWING CLAIMS 13 AND 50 OF STEVE BROOKS AND CLAIM 32 OF JAMES D, HOUGHTON FOR FAILURE TO SUBMIT EVIDENCE SUPPORTING THE CLAIM; DECLARATION OF SANDRA
K. MCBETH IN SUPPORT THEREOF; with Proof of Service (Attachments: # 1 Exhibit) (McBeth (TR), Sandra)
Docket 137
- NONE LISTED -
Debtor(s):
Armando Gonzalez Pro Se
Joint Debtor(s):
Wendy Gonzalez Pro Se
Movant(s):
Sandra McBeth (TR) Represented By Sandra McBeth
Trustee(s):
Sandra McBeth (TR) Represented By Sandra McBeth
11:30 AM
FR. 5-27-20, 6-10-20
Docket 39
The court is astonished that after informing the court that the fees incurred would be lower than originally expected, counsel now claims more fees. The court won't consider an award of more than the $10,000 origianally requested.
$1,619.50 in fees and $24.20 in costs were incurred before 12/10/19. Further, the creditor is correct that many of the amounts claimed seem excessive, like the amount to file the motion to reopen.
The court is inclined to approve $10,000 in fees and $109.50 in costs to the debtors. This is a reasonable fee for the work done in the applicable time period.
Debtor(s):
Robert Antonio Gonzalez Represented By Edisson Seropian Bryan Diaz
Joint Debtor(s):
Ruth M Bazaldua de Gonzalez Represented By Edisson Seropian Bryan Diaz
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
#11.00 ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PAY FILING FEE IN INSTALLMENTS AS ORDERED BY COURT
Docket 15
- NONE LISTED -
Debtor(s):
Gonesico Joe Olivas Pro Se
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [210] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)
Docket 210
- NONE LISTED -
Debtor(s):
Selfridge Partners, LLC Represented By William E. Winfield
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
RE: [190] U.S. Trustee Motion to dismiss or convert case;Declaration of Alfred Cooper III . (Fittipaldi, Brian)
Docket 190
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
FR. 12-18-19, 4-24-19, 6-12-19, 7-3-19, 9-3-19, 10-29-19, 12-5-19, 3-24-20
Docket 1
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
11:30 AM
RE: [464] Motion for order confirming chapter 11 plan 7th Amended Plan; Declaratons of Aimee Nozzi and Stella Havkin
FR. 7-8-20
Docket 464
- NONE LISTED -
Debtor(s):
Aimee Nozzi Represented By
Stella A Havkin
Movant(s):
Aimee Nozzi Represented By
Stella A Havkin
11:30 AM
RE: [471] Stipulation By Aimee Nozzi and Creditor Stephen Nifong regarding Plan Treatment and Resolution of Adversary Case
Join by Computer
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Docket 471
The court is delighted that the parties have settled their dispute! The court set this for hearing because of the confusing papers submitted.
The parties did both a settlement agreement and a stipulation. There’s no motion to approve a settlement. The stipulation stipulates nonsensically that the attached settlement agreement "is approved," and the order she lodged states
11:30 AM
that the stipulation is approved and the settlement agreement is approved.
The court isn't aware of any basis to approve a settlement agreement without a motion, so it isn't clear why the court could do any more than approve the stipulation.
And the stipulation itself is problematic. The stipulation includes some of the terms of the settlement agreement, but far from all of them – it doesn’t even include all of the payment terms. Strangely it does more in the recitals, but the operative agreement language is very incomplete.
It also seems that the stipulation mischaracterizes the settlement agreement. The settlement agreement provides that Nifong will receive the full amount of his proposed plan treatment ($135,096.19) "irrespective of whether the Chapter 11 case is confirmed by July 31, 2020." (Provisions para. 4). This term implies that the 7/31/20 deadline is for confirmation. In the recitals of the stipulation, this provision is characterized as requiring the payment by 7/31/20. Also, there is nothing about this term in the operative language of the stipulation, only in the recitals.
So when do the parties anticipate that the $135k payment going to be made? If this is Nifong's plan treatment, is the debtor allowed to pay him before other creditors? Why?
The settlement agreement also calls for an additional payment of $67,403.81 "upon approval of the Plan Treatment and Resolution of the Adversary Case Stipulation as well as the receipt of the executed Stipulation for Dismissal of the 523 Complaint with prejudice." (Provisions para. 4). The settlement agreement then says that a stipulation for dismissal will be filed "upon receipt of the agreed upon funds." (Provisions para. 4). So will a stipulation for dismissal be filed after all of the funds are paid, or after the $135,096.19 is paid but before the
$67,403.81 is paid?
In sum, the court would like to approve what is necessary to allow the parties to implement their agreement, but there are a lot of issues. The settlement agreement terms of para. 4 are difficult to decipher themselves. These issues
11:30 AM
are exacerbated by putting some of them in the recitals of the stipulation and some of them in the terms of the stipulation, and generally describing things differently in the stipulation than in the settlement agreement.
Are the parties able to clarify what is meant by their settlement agreement? The court would then consider approving a much simpler stipulation attaching the settlement agreement.
Debtor(s):
Aimee Nozzi Represented By
Stella A Havkin
Movant(s):
Aimee Nozzi Represented By
Stella A Havkin
11:30 AM
Docket 1
Let's not spend too much time discussing the Portland procedures. This is a situation where a lot has changed, and a disclosure statement would be necessary.
Debtor(s):
Green Pharmaceuticals, Inc. Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams
11:30 AM
RE: [13] Emergency motion OF DEBTORS FOR THE ENTRY OF AN ORDER: (I) AUTHORIZING DEBTORS TO (A) CONTINUE TO OPERATE THEIR CASH MANAGEMENT SYSTEM, (B) MAINTAIN EXISTING BUSINESS FORMS, AND
(C) CONTINUE INTERCOMPANY ARRANGEMENTS; (II) GRANTING AN EXTENSION OF TIME TO COMPLY WITH REQUIREMENTS OF 11 U.S.C. § 345(b); AND (III) GRANTING RELATED RELIEF; MEMORANDUM OF POINTS AND AUTHORITIES (Salzman, Ryan)
FR. 4-30-20, 6-1-20
Docket 13
- NONE LISTED -
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
11:30 AM
RE: [97] and [101] Application to Employ - Application of Debtors Pursuant to 11
U.S.C. § 327(a), Fed. R. Bankr. P. 2014(a) and 2016, and L.B.R. 2014-1 for Authority to Retain and Employ Faegre Drinker Biddle & Reath LLP as Attorneys for the Debtors Effective as of the Petition Date with Compensation to be Determined Pursuant to 11 U.S.C. § 330 (Salzman, Ryan)
FR. 6-23-20
Docket 101
- NONE LISTED -
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
11:30 AM
Adv#: 9:20-01002 McBeth,Chapter 7 Trustee v. Limon
RE: [1] Adversary case 9:20-ap-01002. Complaint by Sandra K McBeth,Chapter 7 Trustee against Lori Limon. (Charge To Estate). Complaint for: (1) Avoidance of Preferential Transfers [11 U.S.C. § 547]; (2) Recovery of Avoided Transfers [11
U.S.C. § 550]; and (3) Disallowance of Claims [11 U.S.C. §502] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other)) (Triplett, Meghann)
FR. 3-9-20, 4-13-20, 5-18-20
Docket 1
- NONE LISTED -
Debtor(s):
Mark Steven Limon Represented By John Sullivan
Defendant(s):
Lori Limon Represented By
Jeffrey S Graff
Plaintiff(s):
Sandra K McBeth,Chapter 7 Trustee Represented By
Meghann A Triplett
Trustee(s):
Sandra McBeth (TR) Represented By Meghann A Triplett
11:30 AM
Adv#: 9:19-01005 Rosson v. CITIMORTGAGE, INC et al
RE: [40] Adversary case 9:19-ap-01005. Amended Complaint by Scott Rosson against CITIMORTGAGE, INC, Cenlar FSB. (Charge To Estate). and summons and B104 cover sheet Nature of Suit: (91 (Declaratory judgment)),(21 (Validity, priority or extent of lien or other interest in property)) (Kwasigroch, Michael)
FR. 4-29-19, 6-5-19, 6-21-19, 9-18-19, 12-6-19, 12-18-19, 3-25-20
Docket 40
Ruling for 3/25/20: Continued to 7/15/20 at 2:30 p.m. No updated status report needed.
March 25, 2020
Telephonic Hearing Only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT
(866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for December 18, 2019
The Court will conduct a status conference on March 25, 2020 at 2:30 p.m.
Ruling for 9/18/19: Continued to 12/6/19 at 1:30 p.m. Plaintiff to lodge the scheduling order. New status report is not required.
Ruling for 6/21/19: Continued to 9/18/19 at 1:30 p.m.
Ruling for June 5, 2019
The hearing is continued to June 21, 2019 at 2:30 p.m. No new status report is required.
11:30 AM
Debtor(s):
Scott Rosson Represented By
Michael D Kwasigroch
Defendant(s):
CITIMORTGAGE, INC Represented By Eddie R Jimenez Jillian A Benbow
Cenlar FSB Represented By
Eddie R Jimenez Jillian A Benbow
Plaintiff(s):
Scott Rosson Represented By
Michael D Kwasigroch
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Adv#: 9:20-01023 Namba, Chapter 7 Trustee v. Quinn Emanuel Urquhart & Sullivan, LLP
RE: [19] Motion to Dismiss Adversary Proceeding (Nassiri, Jennifer) FR. 7-8-20
Docket 19
The motion relies heavily on outside facts, the vast majority of which are not judicially noticeable. The documents submitted also aren't appropriate to incorporate by reference (the movant doesn't specifically request this, but if facts are not judicially noticeable -- "generally known" or "can accurately and readily be determined from sources whose accuracy cannot reasonably be questioned" -- this would be the only basis for the court to consider them), because they simply are part of an effort to create a defense to the allegations in the complaint -- allegations that, at this stage, must be accepted as true. We are at the pleading stage. This feels much more like a summary judgment motion.
Please focus at the hearing on the pleadings. Has the trustee adequately set forth enough facts to state a claim upon which relief can be granted?
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Defendant(s):
Quinn Emanuel Urquhart & Represented By Jennifer L Nassiri
Kenneth John Shaffer
Movant(s):
Quinn Emanuel Urquhart & Represented By
11:30 AM
Jennifer L Nassiri Kenneth John Shaffer
Plaintiff(s):
Jerry Namba, Chapter 7 Trustee Represented By
Sonia Singh
John N Tedford IV Eric P Israel
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
Adv#: 9:20-01023 Namba, Chapter 7 Trustee v. Quinn Emanuel Urquhart & Sullivan, LLP
RE: [1] Adversary case 9:20-ap-01023. Complaint by Jerry Namba, Chapter 7 Trustee against Quinn Emanuel Urquhart & Sullivan, LLP. (Charge To Estate). Nature of Suit: (91 (Declaratory judgment)),(12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other)) (Tedford, John)
FR. 4-28-20, 5-18-20, 6-16-20, 7-8-20
Docket 1
- NONE LISTED -
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Defendant(s):
Quinn Emanuel Urquhart & Represented By Jennifer L Nassiri
Kenneth John Shaffer
Plaintiff(s):
Jerry Namba, Chapter 7 Trustee Represented By
Sonia Singh
John N Tedford IV Eric P Israel
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
Adv#: 9:19-01079 William G. Joiner, as Trustee of the William G. Jo v. Mahan
RE: [1] Adversary case 9:19-ap-01079. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against Shane Patrick Mahan. (Nature of Suit: (41 - Objection / revocation of discharge - 727(c),(d),(e))). (Reynolds, Richard)
FR. 2-24-20, 3-16-20
Docket 1
- NONE LISTED -
Debtor(s):
Shane Patrick Mahan Pro Se
Defendant(s):
Shane Patrick Mahan Pro Se
Plaintiff(s):
William G. Joiner, as Trustee of the Represented By
Richard J Reynolds Meghan C Murphey Joseph P Buchman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy Lindsey L Smith
11:30 AM
Adv#: 9:20-01026 Faith v. Reed
RE: [1] Adversary case 9:20-ap-01026. Complaint by Jeremy Faith against Kimberly Reed. (Charge To Estate). Complaint: (1) To Avoid Preferential Transfers Pursuant to 11 U.S.C. § 547; (2) To Avoid Fraudulent Transfer Pursuant to 11 U.S.C. § 548(a)(1)(A); (3) To Avoid Fraudulent Transfer Pursuant to 11 U.S.C. § 548(a)(1) (B); (4) For Recovery of Avoided Transfers Under 11 U.S.C. § 550; (5) To Preserve Transfer for the Benefit of the Estate Pursuant to 11 U.S.C. § 551, (6) For Authorization to Sell Real Property in Which Co- Owner Holds Interest Pursuant to 11 U.S.C. § 363(h); and (7) For Turnover of Property of the Estate (with Proof of Service) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(31 (Approval of sale of property of estate and of a co-owner - 363(h))),(11 (Recovery of money/property - 542 turnover of property)) (Goodrich, David)
FR. 5-5-20
Docket 1
- NONE LISTED -
Debtor(s):
Kevin B. Gilgallon Represented By Karen Ware
Defendant(s):
Kimberly Reed Pro Se
Plaintiff(s):
Jeremy Faith Represented By
David M Goodrich
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Represented By David M Goodrich
11:30 AM
Adv#: 9:20-01032 MUFG UNION BANK, N.A., a national banking associat v. Knauss et al
RE: [7] Motion for Default Judgment Under LBR 7055-1 (Brody, David)
Docket 7
The motion, which was unopposed, appears to set forth adequate argument and evidence to support the causes of action under section 523(a)(2)(A) and (a)(6).
Debtor(s):
Walter W. Knauss Represented By John D Faucher
Defendant(s):
Walter W. Knauss Pro Se
Catherine Lynn Knauss Pro Se
Joint Debtor(s):
Catherine Lynn Knauss Represented By John D Faucher
Movant(s):
MUFG UNION BANK, N.A., a Represented By David W Brody
Plaintiff(s):
MUFG UNION BANK, N.A., a Represented By David W Brody
11:30 AM
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Carmela Pagay
11:30 AM
Adv#: 9:20-01032 MUFG UNION BANK, N.A., a national banking associat v. Knauss et al
RE: [1] Adversary case 9:20-ap-01032. Complaint by MUFG UNION BANK, N.A., a national banking association against Walter W. Knauss, Catherine Lynn Knauss. false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a) (6), willful and malicious injury)) (Brody, David)
FR. 6-30-20
Docket 1
Continue to July 21, to line up with motion for default judgment filed by plaintiff.
No appearances on June 30. This matter will be taken off calendar.
Debtor(s):
Walter W. Knauss Represented By John D Faucher
Defendant(s):
Walter W. Knauss Pro Se
Catherine Lynn Knauss Pro Se
Joint Debtor(s):
Catherine Lynn Knauss Represented By John D Faucher
Plaintiff(s):
MUFG UNION BANK, N.A., a Represented By David W Brody
11:30 AM
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Carmela Pagay
11:30 AM
Adv#: 9:20-01034 Credit 9 Inc v. Mackinga
RE: [1] Adversary case 9:20-ap-01034. Complaint by Credit 9 Inc against Derrick Mackinga. false pretenses, false representation, actual fraud)) (Hutchinson, George)
Docket 1
Has the defendant been served?
Debtor(s):
Derrick Mackinga Represented By Meghann A Triplett
Defendant(s):
Derrick Mackinga Pro Se
Plaintiff(s):
Credit 9 Inc Represented By
George C Hutchinson
Trustee(s):
Jerry Namba (TR) Pro Se
1:30 PM
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Docket 13
As of 7/20/20, the debtor has failed to respond to the Motion or to file the still missing case commencement documents.
Is dismissal or conversion/appointment of a trustee more appropriate here?
1:30 PM
Debtor(s):
Patricia Jane Herman Represented By Matthew D. Resnik
1:30 PM
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Docket 52
- NONE LISTED -
Debtor(s):
Pari F Kermani Represented By Dana M Douglas
1:30 PM
11:30 AM
RE: [147] Debtor's Proposed Chapter 11 Plan of Reorganization FR. 1-21-20, 3-3-20, 5-5-20, 5-18-20
Docket 147
Please update the court on the status of this case. Are there any ballots accepting the plan?
Debtor(s):
Selfridge Partners, LLC Represented By William E. Winfield
11:30 AM
RE: [156] Application for Compensation - First and Final Application by Resnik Hayes Moradi LLP, Former General Bankruptcy Counsel for the Debtor, for Allowance of Fees and Reimbursement of Costs for the Period September 7, 2017 Through April 30, 2019; Declaration of Matthew D. Resnik in Support Thereof, with Proof of Service for Matthew D. Resnik, Debtor's Attorney, Period: 9/7/2017 to 4/30/2019, Fee: $96,786.50, Expenses: $1,913.34.
FR. 12-5-19, 1-7-20, 3-3-20, 5-5-20, 5-18-20
Docket 156
- NONE LISTED -
Debtor(s):
Selfridge Partners, LLC Represented By William E. Winfield
Movant(s):
Selfridge Partners, LLC Represented By William E. Winfield
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Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
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RE: [193] Motion to Withdraw as Attorney ; Memorandum of Points and Authorities in Support (Metzger, Matthew)
FR. 7-8-20
Docket 193
Any update?
7/8/20 tentative ruling:
The motion did not attach a proof of service. Two proofs of service were separately filed improperly without caption pages (LBR 9013-3(c)).
The motion is based on the assertion that counsel had been unable to communicate with the debtor. The motion is based on citation to obsolete rules of professional conduct superseded as of 11/1/18. Counsel relies on RPC 3-700(c)(1)(d), which was superseded by RPC 1.16(b)(4), regarding conduct of the client that renders effective representation unreasonably difficult.
The motion asserts that the last communication received from the debtor was on 3/9/20. As to his efforts to reach the debtor, counsel testifies only that he made "repeated efforts via phone and email" to which the debtor had not responded -- but there is no indication of when these efforts were made. The motion appears to have been precipitated by 6/2/20 notice that the U.S. Trustee intended to file another motion to dismiss or convert. The motion to withdraw was filed on 6/5/20, leaving the court to wonder if counsel's efforts to contact the client were only in that three-day window. The declaration in support of the motion is insufficient to establish that the debtor has made effective representation unreasonably difficult.
The motion also makes a request of great concern to the court: that withdrawal be ordered nunc pro tunc to the date the motion was filed. Such a
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request undermines the requirement that counsel seek leave to withdraw -- why should the court rule now that counsel had no duties to the debtor before the court allowed him to withdraw? Does counsel believe he was relieved of his duties of counsel before this motion was decided? Otherwise, what could possibly be the point of nunc pro tunc effect of withdrawal?
The fact that bankrutpcy courts may grant nunc pro tunc relief in certain contexts, as reflected in the authorities cited by counsel, does not mean that such relief is appropriate for withdrawal of counsel. Counsel cites no authority supporting nunc pro tunc withdrawal of counsel.
The U.S. Trustee filed a motion to dismiss or convert on the same day counsel filed his motion to withdraw. Counsel filed an opposition to the motion, evidently without the debtor's consent. While counsel asserts that his "hands are tied," and he is doing what he can while his motion is pending, he was clearly not authorized by the debtor to file the response to the motion -- especially not a response made on the debtor's behalf.
To the extent counsel believed that he was required to file something in response to the UST's motion despite not being authorized to do so by the debtor, it is important to note that there was no need for counsel to set the withdrawal motion for hearing or to wait the notice period -- pursuant to LBR 2091-1(a), a motion for withdrawal may be made under LBR 9013-1(p).
The court needs to hear more details regarding counsel's efforts to contact the debtor. That will impact whether the court can grant this motion and whether the court should continue the U.S. Trustee's motion.
Debtor(s):
Leo Rito Sandoval Jr Represented By Matthew D Metzger
Amelia Puertas-Samara
Movant(s):
Leo Rito Sandoval Jr Represented By
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Matthew D Metzger Matthew D Metzger Matthew D Metzger Matthew D Metzger Amelia Puertas-Samara Amelia Puertas-Samara Amelia Puertas-Samara Amelia Puertas-Samara
11:30 AM
RE: [200] U.S. Trustee Motion to dismiss or convert Notice Of Motion And Motion Under 11 U.S.C. § 1112(b) To Dismiss Or Convert Case; Declaration Of Alfred Cooper III . (Fittipaldi, Brian)
FR. 7-8-20
Docket 200
Any update?
Debtor(s):
Leo Rito Sandoval Jr Represented By Matthew D Metzger
Amelia Puertas-Samara
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
Adv#: 9:18-01014 RS Construct, Inc. v. The Walt Disney Company et al
#3.00 ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO PROSECUTE
Docket 1
The court will dismiss for failure to prosecute.
Debtor(s):
RS Construct, Inc. Represented By Jeremy Faith Monserrat Morales
Defendant(s):
The Walt Disney Company Pro Se
Disney Incorporated Pro Se
Walt Disney Parks and Resorts U.S., Represented By
Patrick Bollig Jeffrey W Griffith Robert P Goe
Plaintiff(s):
RS Construct, Inc. Represented By Noreen A Madoyan Monserrat Morales Mitchell B Ludwig
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Adv#: 9:17-01091 Masuda v. Lewis
#4.00 ORDER TO SHOW CAUSE WHY THIS PROCEEDING SHOULD NOT BE DISMISSED AND WHY THE PLAINTIFF SHOULD NOT BE SANCTIONED
Docket 28
- NONE LISTED -
Debtor(s):
Gary Charles Lewis Represented By Matthew D. Resnik
Defendant(s):
Gary Charles Lewis Represented By Matthew D. Resnik
Plaintiff(s):
Adam Masuda Represented By Michael A Wallin
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:19-01066 Itkin v. Organizacion Ideal S. de R.L. de C.V.
RE: [1] Adversary case 9:19-ap-01066. Complaint by Robbin L Itkin against Princess Mundo Imperial Hotel. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(12 (Recovery of money/property - 547 preference)) (Riley, David)
FR. 3-24-20
Docket 1
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Organizacion Ideal S. de R.L. de Pro Se
Plaintiff(s):
Robbin L Itkin Represented By David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
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Adv#: 9:19-01067 Itkin v. SMANA HOTEL AL RAFFA et al
RE: [1] Adversary case 9:19-ap-01067. Complaint by Robbin L Itkin against SMANA HOTEL AL RAFFA, RAJESH BAHETI. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)
FR. 3-24-20
Docket 1
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
SMANA HOTEL AL RAFFA Pro Se
RAJESH BAHETI Pro Se
Plaintiff(s):
Robbin L Itkin Represented By David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley
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Robbin L. Itkin
11:30 AM
Adv#: 9:19-01068 Itkin v. Zen Co., Ltd
RE: [1] Adversary case 9:19-ap-01068. Complaint by Robbin L Itkin against Zen Co., Ltd. (Charge To Estate). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)
FR. 3-24-20
Docket 1
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Zen Co., Ltd Pro Se
Plaintiff(s):
Robbin L Itkin Represented By David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
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Adv#: 9:19-01071 Itkin v. Bhattachriya et al
RE: [1] Adversary case 9:19-ap-01071. Complaint by Robbin L Itkin against Sumanta Bhattachriya, Bikram Hotyoga Co. Ltd.. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
FR. 3-24-20
Docket 1
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Sumanta Bhattachriya Pro Se
Bikram Hotyoga Co. Ltd. Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By
11:30 AM
Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01013 Rosson v. JP MORGAN CHASE
#9.00 ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO PROSECUTE
Docket 6
A response was due on 7/14/20. As of 7/24/20, no response has been filed. No summons has been requested.
Dismiss the adversary proceeding.
Debtor(s):
Scott Rosson Represented By
Michael D Kwasigroch
Defendant(s):
JP MORGAN CHASE Pro Se
Plaintiff(s):
Scott Rosson Represented By
Michael D Kwasigroch
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [8] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate All Property including 5573 Rushmore Street, Ventura California
Docket 8
Notice and Service Deficiency
LBR 4001-1(d) states that a party in interest seeking an extension of the stay under 11 U.S.C. § 362(c)(3)(B) or imposition of the stay under 11
U.S.C. § 362(c)(4)(B) must file a motion and serve the motion, notice of hearing, and supporting documents as provided in subsection (c)(1) of this rule and upon all other parties in interest against whom extension or imposition of the stay is sought.
No proof of service was attached to the Motion as required by LBR 9013-1. Rather, four days after the motion was filed, counsel for the Debtor filed a declaration purporting to evidence service of the Motion. (Docket No. 11). The declaration does not explain why no proof of service was attached to the Motion or why the declaration was not filed until several days after the Motion was filed. The declaration also does not comply with the form or substance requirements of LBR 9013-3. In addition to not being on the mandatory proof of service form, the declarant, Ms. Horowitz, does not testify that she served the Motion. Rather, she testifies in the passive voice that the Motion "was served" on 7/9/20. LBR 9013-3(b) requires that a proof of service bear the "signature of the person who performed the service."
In addition, based on the service list attached to that declaration, service was not proper on:
(1) U.S. Bank and Bank of the Sierra – Neither of these institutions was served as a federally insured depository institution pursuant to
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FRBP 7004(h). Bank of the Sierra was not served at the addresses for notice given on the proofs of claim in the Previous Case (U.S. Bank was served at the proof of claim address from the Previous Case).
The IRS – the Court Manual requires service on the IRS at a specific P.O. Box address. The Debtor served some other address.
Counsel really needs to complete and file a proper proof of service for all motions.
The court can only grant as to those creditors properly served, and continue as to the rest.
Debtor(s):
Brendan J Searls Represented By Carissa N Horowitz William C Beall
Movant(s):
Brendan J Searls Represented By Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz William C Beall William C Beall William C Beall William C Beall
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Trustee(s):
William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall
Elizabeth (ND) F Rojas (TR) Pro Se
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FR. 6-1-20, 7-13-20
Docket 120
BACKGROUND:
The Debtor filed a chapter 13 petition on 7/23/18. Her chapter 13 plan was confirmed on 10/7/18.
On 10/1/18, a proof of claim ("Claim 7") was filed by Shellpoint Mortgage Servicing ("Shellpoint") on behalf of The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders of CWALT, Inc. Alternative Loan Trust 2007-OH2, Mortgage Pass-Through Certificates, Series 2007-OH2 ("BONY"). Claim 7 asserts a claim of $758,973.72 secured by real property located at 1032 Olive Street, Santa Barbara, California 93101 (the "Property").
COMMENT
The court doesn't understand why this document was filed, why it is so lacking in support, and why counsel ignored so many procedural requirements.
Rather than present evidence to rebut the amount or validity of Claim 7, the Objection is a list of perceived grievances against BONY often based on unsupported assumptions by the Debtor. Most of the requested relief is
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relief that may be sought only by adversary proceeding. There is little resembling a claim objection in the Debtor’s filing. Even in the Reply, the Debtor struggles to explain how the court could dispose of the myriad issues in the context of the amount in which to allow Claim 7.
The Objection was also sloppily prepared, filed, and served, which is surprising given that the hearing date was given at the request of the Debtor (not self-calendared), so there could be no excuse of rushing to meet a deadline.
The Opposition, for its part, is also thin on evidence and legal support.
In her Reply, the Debtor pounces on the Opposition with over-the-top indignance and even accusations that BONY has filed falsified documents and is lying to the court. The histrionics of the Debtor’s papers do not amount to legal and factual support to rebut the validity or amount of Claim 7. In addition, the Debtor repeatedly asserts in the Reply that BONY does not dispute facts – both generally and specifically as to certain of the Debtor’s claims – when the Opposition obviously disputes those facts. The Debtor cannot make matters undisputed by claiming they are so.
Service
Service of the Objection was not proper, but defects as to Shellpoint appear to have been waived by the stipulated continuance. Nonetheless, the court will point out the errors made by the Debtor in service to ensure that these mistakes aren't made in the future.
First, there was no proof of service attached to the Objection or the accompanying request for judicial notice (the "RJN," Docket No. 121). LBR 9013-1(e) and 9013-3 required a proof of service attached to each document. Instead, apparently realizing her failure later, the Debtor filed a supplemental proof of service two days later (Docket No. 122). This proof of service is also improper, as it purports to evidence service of two separately filed documents. Moreover, the proof of service does not comply with LBR 9013-3(b), which requires the "exact title of the document being served." Because the Debtor failed to comply with LBR 9013-1 and 9013-3, the court has no valid proof that the Objection or the RJN were served at all.
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Second, even if the late-filed proof of service were proper, it would not indicate proper service on the claimant. Under LBR 3007-1(a), a claim objection is a contested matter under Rule 9014. Therefore, a claim objection must be served in accordance with Rule 7004. Pursuant to LBR 3007-1(b), in addition to service as required by Rule 7004, a claim objection must be served on the address on the proof of claim.
Shellpoint was served at the proof of claim address, but it was not served properly as a corporation pursuant to Rule 7004(b)(3), which requires service on an officer, managing or general agent, or any other agent authorized to receive service of process.
BONY was not properly served because service was sent to "Bank of New York," not to BONY’s full name as the claimant. The court also noted that the address used is not the address of The Bank of New York Mellon listed on the FDIC website or the bank’s website, but BONY does not raise this as a defect.
Notice
The Debtor’s failure to comply with the requirements for a claim objection continued with respect to the form of notice. LBR 3007-1(b) includes specific notice requirements for claim objections. Pursuant to LBR 3007(b)(3), notice must be on or substantially conform to form F
3007-1.1.NOTICE.OBJ.CLAIM. Notice must advise the claimant of the date, time, and place of the hearing, the time to respond, and that if a response is not timely filed and served, that the court may grant the relief requested.
Similarly, LBR 9013-1(c)(2) requires every motion to be accompanied by a notice including the response deadline.
There is not any formal notice of the Objection. The Objection is addressed to the court, not to Shellpoint or BONY, and there is nothing notifying Shellpoint or BONY of the time to respond or that failure to timely respond may result in granting the relief requested. Therefore, notice of the Objection was not proper.
Finally, the Objection fails to attach a copy of the Claim, as required by LBR 3007-1(c)(2). It also fails to include the declaration required by that rule
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stating that the attached copy of the Claim is a true and complete copy of the proof of claim on file with the court. The Debtor attached a copy of the Claim to her RJN, but she did not comply with LBR 3007-1(c)(2).
Evidentiary Objections
Based on the parties’ failure to comply with LBR 9013-1(i)(2), the court overrules all evidentiary objections.
BONY purports to object to evidence in its Opposition, but it does not refer to specific evidence, and its objections are not set forth in a separately filed document in compliance with LBR 9013-1(i)(2).
The Debtor did set forth her evidentiary objections in a separate document but failed to refer to any applicable rule of the Federal Rules of Evidence, which is also a requirement of LBR 9013-1(i)(2). The Debtor’s objections are also so summary and non-specific as to not merit specific rulings by the court. To the extent counsel for the Debtor persists at the hearing in insisting that none of BONY’s records can be considered because the declaration "fails to identify declarant as custodian of records," the court points counsel to look at paragraphs 2 and 3 of BONY’s Dockter Declaration, specifically where Ms. Dockter testifies regarding her knowledge of the maintenance of business records and says "[i]t is my business practice to maintain these records in the regular course of business." The Debtor does not offer authority for the position that Ms. Dockter’s testimony is insufficient to establish a foundation for her knowledge of the authenticity of the attached records.
Merits
Section 502(a) provides that a "claim . . . filed under section 501 of this title, is deemed allowed, unless a party in interest objects." 11 U.S.C. § 502(a). Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim. Fed. R. Bankr. P. 3001(f); Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).
If a filed proof of claim complies with the rules, the burden shifts to the objecting party to "present evidence to overcome the prima facie case."
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United States v. Offord Fin., Inc., (In re Medina), 205 B.R. 216, 222 (B.A.P. 9th Cir. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting Wright v. Holm (In re Holm), 931 F.2d 620, 623 (9th Cir.
1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces evidence sufficient to negate one or more of the sworn facts in the proof of claim, the burden reverts to the claimant to prove the validity of the claim by a preponderance of the evidence. Ashford v. Consol. Pioneer Mort. (In re Consol. Pioneer Mort.), 178 B.R. 222, 226 (B.A.P. 9th Cir. 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)
(quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. Lundell, 223 F.3d at 1039; Holm, 931 F.2d at 623.
THRESHOLD AND PROCEDURAL ISSUES
Validity and Amount of Claim 7
Nowhere in the Objection does the Debtor assert that the Claim fails to constitute prima facie evidence of the validity and amount of the claim. At one point the Debtor seems to criticize the completeness of the "Mortgage Proof of Claim Attachment" (the "Claim Attachment"), offering her own "statement from Shellpoint" (Exhibit E) that she attempts to authenticate without explanation (Declaration of Monique Mansfield (the "Mansfield Declaration," attached to the Motion), ¶ 14). There is no foundation for the Debtor’s ability to authenticate the servicer’s records. But the Debtor also makes no clear argument that specific information in the Claim Attachment is incorrect, and she does not take the position that the Claim Objection does not comply with the requirements of Rule 3001(c)(2)(C) with respect to a claim asserting a security interest in property that is a debtor’s principal residence.
There are points in the Objection where the Debtor might be making an argument about the amount or validity of the prepetition claim asserted by the Claim, such as with respect to amounts "forgiven" or written off by BONY or a predecessor in connection with the Modification. However, the Debtor makes
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myriad factual assertions from page 3 through 7 of the Objection without citation to factual support. It is not incumbent upon the court to parse the declarations and the record in this case to cobble together admissible evidence that might support the Debtor’s factual assertions. "[J]udges are not like pigs, hunting for truffles buried in briefs." Indep. Towers of Wash. v.
Washington, 350 F.3d 925, 929 (9th Cir. 2003) (quoting United States v.
Dunkel, 927 F.2d 955, 956 (7th Cir. 1991)).
Because of the Debtor’s lack of citations to evidence, the court is also unable to tell what the Debtor might claim is basis to object to Claim 7 and what is a "counterclaim" or claim for damages or sanctions. The Objection is titled "Objection and Counterclaim," but the text does not specify what is in the form of an "objection" and what is a "counterclaim." The Objection is also a jumble of references to pre- and post-petition conduct and to Countrywide, SPS, Bank of America, RTR, Shellpoint, and BONY as if it is established that they are interchangeable.
Even if, arguendo, the court were to undertake digging through the record to see if the Debtor’s position were supported, it’s far from clear that the record would support her position, and it is certainly not clear that the Debtor’s Objection would overcome the prima facie validity of Claim 7.
Whether the Debtor’s Allegations/Requests for Relief Are Properly Raised by a Claim Objection
There are several matters that have been thrown into the Debtor’s grab-bag style Objection that are not properly part of a claim objection. At the very least they are things for which the Debtor has offered no authority for requesting in connection with a claim objection. As noted above, the Objection does not present arguments one would expect in a claim objection to dispute or rebut the prima facie validity of a claim. Rather, it reads as a complaint for damages and motions for sanctions relating to the LMM procedures/orders and the automatic stay.
In the Opposition, BONY argues that the issues raised in the Objection are adversary proceedings pursuant to Rule 7001 but fails to specify which portions of the Objection or which provisions of Rule 7001 require an adversary proceeding here. The Debtor pounces on this failure in the Reply,
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but her only substantive response is to categorically deny that any of her relief requires an adversary proceeding, arguing without authority that no adversary proceeding is necessary because she "seeks an offset against the proof of claim."
The Debtor cites no authority in the Objection or the Reply for her ability to "seek an offset" by claim objection, much less that every one of the myriad and varied allegations in the Objection would be suitable for setoff under bankruptcy or applicable state law. Given the confidence and indignance with which the Debtor proclaims in the Reply that "[t]he matter is procedurally proper," one would think she could provide some legal authority for even some of the relief she seeks by the Objection. (Reply, 3:14-25).
Possibly recognizing that the court may conclude that some of the matters raised in the Objection are not appropriately raised on a claim objection, the Debtor concedes that some relief should be sought by an order to show cause re: contempt, but instructs the court that it should hear the issues "concerning indisputably appropriate claim objection matters," giving a single example. (Reply, 3:26-4:4). But the Objection is full of matters inappropriate for disposition on a claim objection, not just those relating to alleged contempt. The court should not have to participate in the Debtor’s "spaghetti approach," and try to find the procedurally proper aspects of the Objection among inappropriate ones with no legal authority cited in support of any of them. See Indep. Towers of Wash., 350 F.3d at 929 (calling out a party’s "spaghetti approach" in "heav[ing] he entire contents of a pot against the wall in hopes that something would stick," and declining to "sort through the noodles" in search of its claim).
The relief sought in the "Damages" section of the Objection includes:
For "creating default" and "forcing" the filing of this case reduction of Claim 7 by:
foreclosure-related fees of $2,795.22
post-filing attorney’s fees of $900
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"Setoff" against Claim 7 of costs incurred by the Debtor in this case, including the RARA fee, filing fee, and awarded supplemental fees, including those for the objection
A declaration that refused payments are deemed paid, reducing the amount of arrears
Reduction of escrow deficiency to extent of excess property taxes
Damages of $36,367.11 for "failure to credit the Debtors [sic] payments for 2018 and 2019"
Damages for creation of tax obligation by failure to properly credit interest payments
For alleged failure to participate in the LMM program in good faith, sanctions in the amount of all fees incurred related to the LMM at counsel’s claimed billing rate of $475, not his $300 rate pursuant to the RARA
For stay violations – these amounts to be paid directly to the debtor, not offset against plan payments:
Costs of motion
Emotional distress damages - $20,000
Punitive damages - $50,000 (and a suggestion that the court order Shellpoint to create 529 account for the Debtor’s daughter, referencing Sundquist v. Bank of America, N.A. The Debtor does not provide any citation to this award in Sundquist, and the court has found no reference to it. Perhaps the Debtor merely means to suggest a "creative approach," creating an account for her daughter. The punitive damages in Sundquist were
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not for the benefit of the debtors or their family members. The court initially ordered punitive damages to be in the form of payment to fund education in consumer law and delivery of legal services to consumers. 566 B.R. 563, 620-21 (Bankr. E.D. Cal. 2017). This award was adjusted pursuant to a settlement in a later disposition. Sundquist
v. Bank of Amer., N.A., 580 B.R. 536, 556 (Bankr. E.D. Cal. 2018). Or perhaps the Debtor simply mentions Sundquist to suggest that the facts of this case are similar to the shocking facts of that case).
⦁
For breach of the modification agreement:
$132,201.78 in additional loan forgiveness "should be subtracted from the claim"
All fees incurred, at counsel’s higher billing rate, for defending the RTR claim
RTR also deserves a claim against Bank of America or BONY – the Debtor will seek discovery to determine RTR’s damages
The court struggles to figure out which of these demands does not require an adversary proceeding or some other procedure to obtain the requested relief. "A party in interest shall not include a demand for relief of a kind specified in Rule 7001 in an objection to the allowance of a claim." Fed.
R. Bankr. P. 3007(b).
A "proceeding to recover money or property" is an adversary proceeding under Rule 7001(1). The Debtor offers no authority for raising breach of contract and a demand for consequential and punitive damages by means of a claim objection instead of an adversary proceeding. Neither the Objection nor the Reply include any argument or legal support for the Debtor’s bald claim that these are "offsets" or "reductions" permitted on a claim objection. As to the claims of damages for stay violations, the Debtor outright
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demands direct payment of damages to "be paid by Shellpoint to the Debtor," not offset against plan payments. (Opposition, 13:16-18).
A "proceeding to determine the validity, priority, or extent of a lien or other interest in property" is an adversary proceeding under Rule 7001(2). The Debtor’s claims relating to the 2014 modification, including the claims that she was not given all contracted loan forgiveness, that the second mortgage was combined with the first into one loan by the modification, and that therefore the second lien was wiped out by the modification, are all claims disputing the "validity, priority, or extent" of both BONY’s claim and the RTR claim. These issues require an adversary proceeding.
A proceeding to "obtain an injunction or other equitable relief" and a proceeding "to obtain a declaratory judgment" are also adversary proceedings under Rule 7001(7)and (9). To the extent the relief sought in the Objection requires injunctive or declaratory relief regarding the status of the first and second mortgages based on the 2014 modification, an adversary proceeding is required. In addition, the Debtor’s demand for an order "deeming" refused payments to have been made appears to be "injunctive or other equitable relief" or related declaratory relief, and also requires an adversary proceeding (the Debtor also offers no authority for this relief regardless of the procedure by which it was sought).
Even as to those matters not necessarily within the scope of Rule 7001 (or also within the scope of that rule), the Objection seeks relief not properly sought by a claim objection. A proof of claim necessarily represents a claim for prepetition amounts due. The Objection seeks relief from several alleged actions that occurred postpetition. Among these are allegations that the Debtor claims constitute violations of the automatic stay, violations of the court’s LMM program, and improper denial of a modification through the LMM program. The Debtor cites no authority in the Objection or the Reply for seeking relief for postpetition conduct, including conduct allegedly in violation of this court’s orders, by claim objection.
In response to BONY pointing out in the Opposition that these allegations do not support a claim objection, the Debtor concedes that such relief is "typically" sought through an order to show cause, but suggests strangely that there is no difference because both an OSC and a claim
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objection are contested matters. The Debtor goes on to suggest that the court simply issue an OSC. No OSC was requested by the Objection, and the Debtor has not complied with the requirements for such a request. The court should not simply issue an OSC for the benefit of the Debtor because the Debtor failed to seek relief by the proper procedure.
Unable herself to articulate clearly what she has requested properly by the Objection, the Debtor asks in the Reply that the court "determine upon which arguments she has prevailed, and set a further hearing on damages." (Reply, 8:7-8). But the court can’t determine that the Debtor has sought any relief properly sought as part of a claim objection, much less than any of her "damages" would properly be offset against Claim 7.
Emotional Distress and Punitive Damages
The Opposition provides legal arguments disputing the availability of emotional distress damages and punitive damages demanded by the Debtor in the Objection.
Because the Objection does not plainly set forth any matter that appears to be appropriate for resolution on a claim objection, and the court cannot figure out which of the myriad issues raised by the Debtor is/are the basis for her demands for emotional distress and punitive damages, the court need not address the availability of such damages at this point. There could be matters as to which the Debtor can make a procedurally proper claim objection. If and when the Debtor makes such an objection, if she seeks emotional distress damages or punitive damages, the parties and the court can address these issues at that time.
FACTUAL AND SUBSTANTIVE ISSUES
The court is unable to parse the Objection in a way that leaves it able to analyze any part as a properly made claim objection. But the procedural defects are not the only problems with the Objection. The Debtor also makes numerous allegations that are insufficiently supported by the record.
The 2014 Modification
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The Debtor’s claims regarding the 2014 Modification are based on
unsupported conclusions and speculative reading of incomplete account history. According to the Debtor, in 2007 she obtained a first mortgage loan and the HELOC Second Loan (which she says was fully drawn upon to fund the purchase of the Property). She testifies that she and her then-husband entered into a modification agreement in 2014, which is attached to Claim 7 (the "Modification Agreement"). That is the entirety of the Debtor’s testimony regarding the 2014 Modification.
The Modification Agreement refers to the "Loan Documents" as a single security interest and to a single note. It does not reference any second set of documents or any HELOC credit agreement. The Modification Agreement provides that the post-modification combined principal balance, including the existing principal balance and arrears and other amounts owed, would be $1,218,306.15. $441,816.11 of that amount was to be forgiven, resulting in a "New Principal Balance" of $776,490.03.
There is no reference in the Modification Agreement to the Second Loan or to anything other than a single note and security instrument associated with the modified loan. The Debtor provides no testimony or evidence that the Modification Agreement included the Second Loan debt. Yet the Objection is based on the Debtor’s instruction that the Court must "understand that the Modification must have applied to both loans" and that by the modification "the entire loan secured by the Second Trust Deed was permanently forgiven." (Objection, 3:17-20). A substantial portion of the Objection is based on these completely unsupported claims. As much as the Debtor may like to believe that her entire Second Loan debt was forgiven by the Modification Agreement, the Debtor provides no evidence whatsoever that it was the case, and the evidence the Debtor does provide, the Modification Agreement, undermines her position. Any argument in the Objection based on the claim that the Second Loan was forgiven or the related lien extinguished must be overruled.
The Debtor claims it is "undisputed" that the lender only forgave
$309,614.33 of the promised $441,816.11. This is disputed, even if BONY does not specifically refer to the Debtor’s $309,614.33 figure. (Opposition, 8:16-25). Moreover, the Debtor’s claimed evidence of this alleged error is only a 7/25/16 entry on a loan history showing a principal adjustment of
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$309,614.33. (Objection, Exhibit E, ECF p. 18 of 42). The Debtor just jumps to the conclusion that this 2016 transaction is authoritative proof of how her 2014 modification was implemented.
The Modification Agreement plainly describes the amount being forgiven. "Unpaid and deferred interest, fees, charges, escrow advances, and other costs" would be added to the principal balance (the Modification calls this the "Unpaid Amounts"). That forgiveness was then made of "$441,816.11 of the Combined Principal Balance." (Claim 7, ECF p. 19 of 53, ¶ 3(A)).
There is no reason to believe that a statement showing the Debtor’s principal balance would show a reduction of $441,816.11. One would expect it to show a reduction in the amount of $411,816.11 less the Unpaid Amounts. But the Debtor does not offer any evidence or even an unsupported assertion of the balance of Unpaid Amounts, so the court cannot reach any conclusion about how much of the principal balance as of immediately before the Modification would have been forgiven or if the various documents presented by the Debtor show that an incorrect amount was forgiven.
In addition, by the modification, the Debtor agreed that as of the effective date "the principal balance of the loan that remains due and payable is $776,490.03." (Claim 7, ECF p. 19 of 53, ¶ 3(B)). The document she claims shows that the principal forgiveness was misapplied shows a resulting principal balance of $736,155.30 – so if the Debtor’s Exhibit E is taken to accurately reflect the modification adjustment, as she presents it, it shows that her resulting principal balance is lower than the one she agreed to. It is evident that Exhibit E does not tell the whole story, so it certainly does not demonstrate that the Claim is invalid because the Debtor was denied contracted-to loan forgiveness. To the extent the Objection claims breach of contract as to the Modification Agreement or any "offset" based on such a claim, the Objection should be overruled.
In addition, as discussed above, these arguments appear to relate to the validity, priority, or extent of the lien associated with the modified loan, and therefore they must be made in an adversary proceeding.
Even if this issue were appropriate for a claim objection, because the Debtor has failed to meet her burden to present sufficient evidence to rebut the validity or amount of Claim 7, the court need not address BONY’s
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arguments regarding whether or not a modification like the one the Debtor imagines she entered into would violate the FDCPA (which the Opposition fails to support with specific legal authority).
RTR Litigation
The Debtor makes other claims of damage arising out of her unsupported claim that she was deprived of contracted-to loan forgiveness and that the Modification and loan forgiveness included the Second Loan.
The Debtor raises the lien avoidance proceedings with RTR as to the Second Loan claim it had acquired and filed in this case. The Debtor argues that she was "compelled" to seek to avoid the RTR lien, implying that this need was brought about by BONY. She also complains that, even after obtaining an order avoiding the lien, she had to litigate with RTR regarding whether an unsecured claim existed after her 2012 chapter 7 discharge.
As there is no evidence in the Objection that the Modification Agreement included the Second Loan or extinguished the lien or any claim associated with the Second Loan, there is no basis for a claim objection against BONY with respect to the costs incurred by the Debtor in litigating against RTR. The Debtor’s own filings with respect to the RTR claim undermine her assertion – her motion to avoid RTR’s lien makes no claim that the lien was extinguished by the Modification Agreement. (Docket No. 23).
Similarly, the stipulation regarding treatment of RTR’s claim in this case does not mention the Modification Agreement. In fact, the stipulation between the Debtor and RTR specifically reserves RTR’s "right for the full amount owed" in the event this case is dismissed or converted or if the Debtor fails to complete her plan. (Docket No. 84, ¶ 3).
The Debtor also makes the outlandish assertion on behalf of RTR that RTR must have been defrauded as to the "forgiven note" by whoever it acquired its claim from, and that she will seek discovery on this issue. (Objection, 13:26-14:2). This is irrelevant to her Objection, but the court has to wonder on what basis the Debtor believes she is entitled to discovery on a third party’s alleged claim.
Because there is no evidence to support the Debtor’s conclusion that
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the Modification Agreement "forgave" all liability and the lien on the Second Loan, her arguments that Claim 7 must be disallowed in any way on account of the cost of her litigation with RTR should be overruled.
Additionally, even if there were some relationship between BONY’s claim and the Debtor’s litigation with RTR, it would require a proceeding to determine the validity, priority, or extent of the RTR lien, and therefore would have to be brought as an adversary proceeding.
Prepetition Property Tax Adjustments
The Debtor states that she received a property tax adjustment mid-year for the 2016-2017 tax year and provides an undated property tax bill purportedly showing a reduced total amount of $6,820.88 and an adjusted second installment amount of $2,356.54. (Objection, Exhibit F).
The Debtor testifies that she promptly gave notice to the lender of the change. Her evidence is a fax cover sheet dated 1/27/17. (Objection, Exhibit A). It says that a tax bill is attached, but none is included in the exhibit attached to the Objection. The fax cover sheet is directed to Bank of America, who she says was her lender at the time, but she, somewhat confusingly also says that "at this time the loan was being sold," so it is unclear whether this fax, and whatever might have been attached to it, were received by anyone that then serviced the Debtor’s loan.
The Debtor also testifies that she "informed the new lender through its servicer" of the tax change, but she does not testify who that lender or servicer was or when this notice was given. (Mansfield Declaration, ¶ 7).
BONY notes in the Opposition that escrow adjustments are calculated just once a year, and attaches an escrow statement dated 6/30/17, which would have been after the Debtor’s claimed notice of the changed liability. (Opposition, ECF p. 19 of 59). The Opposition incorrectly asserts, however, that the 6/30/17 statement reflects the "new tax payment" of $4,464.34. (Opposition, 9:4-5). Based on the 2016-2017 tax bill provided by the Debtor, that is the old tax payment, not the new one.
It appears, based on the 6/30/17 escrow statement that the Debtor is
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correct that Shellpoint’s 2017-2018 escrow amount was based on an outdated and higher property tax liability. Because the Debtor never testifies that she gave notice to BONY or Shellpoint of the change, however, it’s not clear whether BONY or Shellpoint had notice of the adjusted tax amount. BONY’s response to the Objection is puzzling, though, as it seems to think it knew of and made the change, when the 6/30/17 escrow statement fails to reflect changed tax liability.
BONY also attaches to the Opposition what it identifies as the next escrow analysis, dated 6/7/18. The Debtor reacts by accusing BONY of fabricating this document for the sole purpose of opposing the Objection to cover its alleged conduct. Based on this accusation, the Debtor tells the court that it should look at all of BONY’s documents with suspicion. (Reply,
6:19-28).
The Debtor’s bold accusation against BONY is based entirely on the fact that there is another escrow statement attached to Claim 7, dated 7/23/18 with different amounts. Given that 7/23/18 is the petition date, it seems reasonable to think that the 7/23/18 document was generated specifically due to the bankruptcy filing and for purposes of attaching to the proof of claim.
Instead, the Debtor immediately jumps to the conclusion that BONY has falsified documents and is lying to the court. The Debtor points out that there are differences between the two documents, but it does not follow that, therefore, the one attached to the Opposition is a fabricated document created for the Opposition.
The Debtor complains that there is "no allegation that [the 6/7/18 escrow statement] was ever sent to Ms. Mansfield, and for good reason" because, as the Debtor describes it, the 6/7/18 escrow statement "admits that Claimant overcharged her significantly and owes her a refund." (Reply,
6:10-12). At the same time, Ms. Mansfield does not deny receiving the 6/7/18 escrow statement. Given that the 2017 escrow statement was sent in June, one would expect her to have received one in 2018 before her 7/23/18 petition date. She does not claim that she received some other escrow statement for 2018-2019.
The 7/23/18 escrow statement attached to the proof of claim is incomplete – unlike the other escrow statements, it does not show the prior
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year history. This, too, suggests this document was generated specially for the bankruptcy case.
The 6/7/18 escrow statement, which the Debtor both claims is falsified but also holds out as true, reflects actual tax payments for 2017-2018 in two installments of $3,571.56, not the installments of $4,464.34 projected in the 6/30/17 escrow statement. Accordingly, if BONY had collected all payments during that year, the Debtor would have paid more than was needed to cover her obligations. However, the 6/17/18 escrow statement also shows that the Debtor had not made any payments between August 2017 and June 2018.
So, while BONY/Shellpoint may have been billing her more than was needed to cover the tax amounts (whether or not it should have known the right amount at the time of the 6/30/17 escrow statement), the Debtor had not actually been paying those amounts because she wasn’t making her mortgage payments at all.
The Debtor claims that the 6/7/18 escrow statement proves that she was overcharged and was owed money by Shellpoint. The statement does show an escrow surplus of $3,799.63. It is not clear where this surplus came from. Neither party puts into the record a statement reflecting how much Shellpoint paid for the April 2017 taxes, but given that Shellpoint appeared to believe that the amount due was $4,464.34, and the tax bill showed liability of
$2,356.54, that could account for some of the surplus. But the 6/7/18 escrow statement also states that the surplus would be paid to the Debtor if her loan was current. By all accounts, the Debtor’s loan was not current as of 6/7/18, just over a month before the petition date. The Debtor portrays this as the bank forcing her into default first, then admitting it overcharged her, and refusing to repay the overcharge because of the default. But, as discussed herein with respect to refused payments, the Debtor has not established that the default was "created" by BONY/Shellpoint rather than by her failure to make mortgage payments.
There is one matter on which the court can agree with the Debtor – the escrow statements and other history available in the record are confusing and make it difficult to determine what happened with respect to the Debtor’s property tax adjustment. The Opposition handles these documents poorly, giving very little illuminating information. It is possible that the Debtor could have an argument that the $8,357.09 negative escrow balance as of the
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petition date is not an accurate figure – that would be a proper basis for a claim objection. But the Debtor does not make that argument (at least not in any clear and coherent manner). Instead, she goes over-the-top making assertions without evidence and asking the court to engage in conjecture.
Rejection of Payments
The Objection asserts that "[p]ayments for July, August and September 2017 were returned by Shellpoint, creating a default." Based on her allegation that Shellpoint "created a default," the Debtor argues that BONY should be held liable for everything that has happened since, including all costs of this case and assorted other forms of alleged damages.
None of the text at page 4, line 27 to page 5, line 7 of the Objection is supported by a single citation to evidence. Many of the assertions in that paragraph lack dates or other information from which a responded could be expected to understand to which payments the Debtor refers. On this basis alone, the Objection is plainly insufficient.
Forcing the court to dig for her evidence for her, the Debtor’s declaration just refers to an eleven-page exhibit she says shows returned payments. (Mansfield Declaration, ¶ 9, Exhibit H). This exhibit is a combination of several documents appearing to show different things. The first two pages are letters on U.S. Bank letterhead dated 7/12/17 and 7/19/17 saying that U.S. Bank (presumably the bank from which the Debtor attempted to make payments, though no evidence is offered) received notification of a "Bill Pay" payment to Shellpoint Mortgage Servicing and that the payments were returned "as Account Closed." The next three pages appear to be portions of a bank statement for an "M & M Realty Services LLC" account which presumably show the initial attempts to make, and then the refunds of, the payments referred to in the 7/12/17 and 7/19/17 letters. The following pages are similar, including two more letters from U.S. Bank, dated 8/16/17 and 9/19/17, indicating payments returned as "Account Closed," and partial "M & M Realty Services LLC" statements showing the same returned payments.
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It’s not clear why the Debtor thinks these payments were wrongfully
returned. She doesn’t explain why she believes they were correctly made. She seems to imply that this has something to do with her property tax reassessment, but she doesn’t make any clear connection (and none makes obvious sense). On the face of the Objection, the Debtor does not articulate any basis for the court to conclude that Exhibit H is evidence that Shellpoint wrongfully refused payments, creating a default.
In the Opposition, BONY blames the Debtor for the returned payments, asserting that she used the wrong account number, resulting in rejected payments. (Opposition, 9:15-19). The Debtor denies this in the Reply, asserting that she has "downloaded the payment confirmations" showing that the correct loan number was used. She attaches what she claims is a "download from the Bill Pay section of [her] bank" showing that she used the right account number. (Declaration of Monique Mansfield (the "Mansfield Reply Declaration," attached to the Reply), ¶ 2). This document shows dates and amounts that correspond to the dates and amounts of two of the attempted payments purportedly shown on Exhibit H to the Opposition, but the "Biller" is listed as "Olive Mt … 1975." The Debtor says that the correct account number for her loan payments ended in 1975 (and this matches the number on BONY’s proof of claim), but she does not explain what "Olive Mt" referred to. The Debtor also does not explain why she has offered information only as to two payments when she claims at least four improperly refused payments.
The Debtor’s argument is also puzzling because she filed the petition in July 2018, but provides no explanation of why she made no payments between the last returned payment in September 2017 and that date. Since the Debtor received prompt notice that these payments were returned, one has to wonder why she didn’t investigate the reason for the returned payments and take any action to submit payments. She just claims, without specifics that "[s]he continued to try to make payments, Shellpoint continued to refuse them." (Objection, 5:6-7). Her claims about when and how she made payments are vague and leave the court unable to conclude that any particular payments were wrongfully refused.
While the documents offered by the Debtor raise questions about why
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at least two of these payments were rejected, the evidence offered certainly does not rise to proving, as the Debtor asserts, that the payments were wrongfully rejected and therefore that BONY should be held responsible for the filing of this bankruptcy case and the various kinds of resulting damages alleged by the Debtor. In addition, to the extent the debtor seeks to recover damages and also seeks an order "deeming" the rejected payments made, this is relief that must be sought by an adversary proceeding.
Alleged Stay Violation: Advertisement of Sale
The Objection alleges that "[f]or months after the case was filed, Shellpoint [] continually advertised its upcoming sale on online real estate sites," and "placed Zillow advertisements advertising an imminent foreclosure sale." The Debtor claims that the first advertisement was (prepetition) in the 7/2/18 notice of sale with a "sale price" of $759,041.31, and that subsequent postpetition advertisements were made in various amounts.
The Debtor’s claimed evidence that Shellpoint was taking postpetition action in violation of the stay by advertising a sale on Zillow consists of Zillow printouts sent to the Debtor’s counsel by his wife, a real estate agent. (Declaration of William C. Beall (the "Beall Declaration," attached to the Objection), ¶ 7). The Debtor offers no evidence from Zillow regarding where this information comes from or any other evidence that would show that the information on the Zillow website came from Shellpoint or BONY or is attributable to postpetition conduct by them. The Debtor impliedly asks the court to assume that it is there because Shellpoint or BONY "advertised" postpetition.
First (and this will be repeated as to other claimed stay violations below), the remedy for a stay violation, which would constitute contempt of a court order, is to seek an order to show cause regarding the alleged contempt, not a claim objection. BONY notes this in the Opposition, but, even in the Reply, the Debtor fails to provide any authority for alleged postpetition contempt to constitute a basis to offset a prepetition mortgage claim. To the extent the Debtor suggests that the court could just construe the Objection to constitute a motion for order to show cause: (1) she has not complied with the procedures for such a request; and (2) the multiple problems with the Objection make it clear that it is not in the interests of judicial efficiency to ignore the Debtor’s multiple procedural mistakes and lack of evidentiary
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support and convert this claim objection into whatever the Debtor thinks might get her the relief she wants.
While the court need not address the merits of the factual claim improperly raised here, the Debtor offers no competent witness or other evidence from which the court can conclude that the information posted on the Zillow website reflects conduct of BONY in violation of the stay. In the Opposition, BONY asserts that its foreclosure agents do not advertise on Zillow, that its foreclosure agent Peak Foreclosure has not advertised a foreclosure sale since 7/19/18, and that, in any event, the amount of the debt listed on the notice of sale is not a "value." (Opposition, 11:10-18). The Debtor offers no rebuttal, describing this response as "asking the Court to believe that Zillow fabricated a proposed opening bid." (Reply, 7:20-24). The Debtor’s incredulity is not a substitute for her burden to provide evidence. If the Debtor truly wanted to know if advertising activity in violation of the stay had taken plan, she might have sought discovery on this matter, as this contested matter makes discovery available to her. Evidently, she has not sought discovery that might lead to evidence to support her claim.
Alleged Stay Violation: Inspections/People at the Property
As to each of the alleged stay violations, the same caveat to this discussion applies as is set forth above – there is no apparent basis for the court to consider any of the alleged stay violations in the context of a claim objection.
The Debtor dramatically paints a picture of "strangers" who photographed her house, knocked on her door, and asked about the upcoming sale. To the extent this is meant to be an extension of her argument about alleged postpetition advertisement, that issue is discussed above. But the Debtor is also making an additional claim that BONY/Shellpoint sent people to her house who "bothered" her and "terrified" her and her minor daughter.
While BONY’s response that the Debtor cannot prove that people who came to her property were there at the direction of or as agents of BONY seems glib, the fact is that the Debtor makes no effort to show that any "bothersome" or "terrifying" behavior resulting in emotional distress was associated in any way with BONY or Shellpoint. The fact that BONY or Shellpoint may have conducted inspections of the Property does not establish
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that any particular person about whom the Debtor complains was associated with BONY or Shellpoint. In the Reply, the Debtor argues that if only one party charges the Debtor for inspections (presumably Shellpoint, though there is no evidence offered to support this), "it is a fair inference for the Court to take that the inspector on the property violating the stay was employed by that party." (Reply, 7:28-8:2). There are multiple problems with this argument.
First, as discussed below, the Debtor doesn’t offer any evidence that Shellpoint or BONY has charged her for any postpetition inspections. Second, the Debtor has not presented evidence that anyone who was an "inspector" violated the stay – he argument is vague as to dates and incidents that she alleges caused her emotional distress, and it doesn’t follow that people who would knock on the door inquiring about a sale or saying they would "see her at the courthouse" were inspectors. Finally, it is not a "fair inference" for the court to jump to the Debtor’s suggested conclusion (and to find that it is probative evidence) when she has not established either that Shellpoint was charging her for postpetition inspections or that any postpetition visitor to the Property of whom she complains was an inspector. The Debtor lacks evidence and simply asks the court to ignore that deficiency and jump to her suggested conclusion.
Moreover, Debtor’s list of "inspection fees" that she implies proves that Shellpoint was responsible for her claimed emotional distress includes "September of 2016 (11 times) October of 2016 (5 times), May, July, August, September, October, November, and December of 2017, February March, May, June and July of 2018." (Objection, 7:25-27). The Debtor filed her petition on 7/23/18, so this list of dates has no apparent relationship to any postpetition inspection by Shellpoint. The Objection self-servingly states that, although those dates are prepetition, the Debtor’s declaration "establishes that the visitations have continued post-filing." (Objection, 7:28-8:1). It establishes no such thing. It doesn’t establish that the people of whom the Debtor complains were inspectors at all, much less that they were affiliated with Shellpoint or BONY. The Debtor can testify that people were at her house and that she observed them doing certain things, but she does not provide any testimony establishing who those people were or with whom they may have been affiliated. When someone said he would "see [the Debtor] at the courthouse," she "took [it] to mean he was from Shellpoint." (Mansfield Declaration, ¶ 12). The Debtor’s conjecture doesn’t make it so. Again, this is
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a point on which the Debtor might have sought discovery if this were a proper claim objection and if she wanted admissible evidence to support her claim, but she evidently has not sought any discovery.
Alleged Stay Violation: Escrow Deficiency and Notice of Mortgage Payment Change
As to each of the alleged stay violations, the same caveat to this discussion applies as is set forth above – there is no apparent basis for the court to consider any of the alleged stay violations in the context of a claim objection.
The Debtor argues that the 7/11/19 Notice of Mortgage Payment Change ("NOPC") shows that BONY violated the automatic stay by collecting prepetition arrears though postpetition escrow payments. The 6/26/19 Annual Escrow Account Disclosure Statement attached to the 7/11/19 NOPC shows a "starting balance" in the Debtor’s escrow account as of August 2018 as
$8,357.09. The Debtor observes that this amount matches the escrow deficiency as of the petition date shown on the Mortgage Proof of Claim Attachment to Claim 7. The Debtor argues that the 6/26/19 escrow statement shows that Shellpoint reduced the escrow deficiency from $8,357.09 to
$2,114.10 between August 2018 and June 2019, thereby collecting prepetition arrears through postpetition mortgage payments in violation of the stay.
BONY’s response to this claim is that the Debtor should have filed an objection to the NOPC, as provided for in FRBP 3002.1. BONY also argues that RESPA requires the running balance in the escrow account to be included in the escrow analysis. Finally, BONY asserts that it was not collecting for prepetition arrears, but rather charging monthly escrow payments based on 1/12 of the projected needs for taxes and insurance.
The 6/26/19 escrow account statement is a bit difficult to read, but it appears that the Debtor’s interpretation that the escrow deficiency as of the petition date was reduced by $6,242.99 between the petition date and the date of the statement is based on an obvious misreading of the statement.
The statement attached to the 7/11/19 NOPC shows anticipated and actual payments to and disbursements from escrow. The actual payments
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during the covered period total $6,811.17 (eight payments of $674.34, and one payment each of $742.11, $674.33, and $0.01). Actual disbursements from escrow during that period total $8,660.32 (two tax payments of
$3,802.66 each and an insurance payment of $1055.00). Contrary to the Debtor’s conclusion, the statement appears to show that the actual escrow deficiency increased during this period. The difference between the actual payments and the actual disbursements is $1,849.15, which is the difference between the statement’s running balances shown at the beginning and for July 2019 – ($8,357.09) and ($10,206.24). The only reason the statement shows that ($2,114.10) balance at the bottom about which the Debtor is apoplectic is because of two payments designated with a "P" footnote in the amounts of $7,417.80 and $674.34. The statement indicates that the "P" means that the payment has not yet occurred, but is estimated. The Debtor offers no evidence that any payments of $7,417.80 and $674.34 occurred in July 2019, and therefore, the ($2,114.10) balance upon which her entire argument is based is meaningless.
The Reply includes argument that the 6/30/20 NOPC filed after the Objection was filed also fails to comply with FRBP 3002.1. This argument just claims to not understand the NOPC filed after the Objection was filed, and the Debtor throws up her hands and concludes that the NOPC must violate 3002.1.
This is not part of the Objection, as the 6/20 NOPC was filed after the Objection was filed. Moreover, as BONY notes in the Opposition, FRBP 3002.1 provides for the procedure to object to a NOPC. Fed. R. Bankr. P.
3002.1(b)(2). The Debtor provides no authority for the premise that, even if this NOPC had been the subject of her claim objection, that it is an appropriate basis to object to a proof of claim.
LMM Program Conduct
The Debtor makes multiple complaints about the conduct of BONY/Shellpoint in the context of the postpetition Loan Modification Management Pilot Program ("LMM") in which the Debtor participated. She argues that Shellpoint failed to participate in the LMM program in good faith because it:
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filed every document late, failed to pay its fees timely, did everything it could to attenuate the process, and then denied the requested modification based upon an asserted value for the property inconsistent with everything all parties knew about the property, and inconsistent with its own valuation.
(Objection, 5:23-26).
Pursuant to the court’s LMM Procedures, published on the court’s website, parties are required to act in good faith throughout the entirety of the LMM Period (as defined in the LMM Procedures). The remedy for failure to participate in good faith is not a claim objection, but "sanctions and/or dismissal of the LMM after notice and a hearing." (LMM Procedures, 7(a)(i)). A party wishing to resolve any dispute that may have arisen in connection with the LMM Program is directed to "fil[e] a motion and schedul[e] a hearing pursuant to the Court’s Local Bankruptcy Rules." (LMM Procedures, § 7(a) (x)). The Debtor’s inclusion of these LMM Program allegations in a claim objection was procedurally improper. She offers no authority for the premise that postpetition conduct in the LMM Program is a basis for reduction or disallowance of a prepetition claim.
With respect to the substance of the allegations, BONY denies bad faith in its participation and argues that the Debtor’s raising these allegations almost a year after the conclusion of the LMM Program is not timely, practical, or equitable. BONY acknowledges some delays but argues that the delays did not impact the outcome of the program. BONY also argues that it did not improperly require additional self-employment documentation, but rather that such documentation was needed due to the Debtor’s tax returns with a Schedule C which requires profit-and-loss statements.
On 7/12/19, the Debtor filed a final report for the LMM Program attaching the full history of the LMM process between the Debtor and BONY/Shellpoint (the "LMM Report," Docket No. 64). That report includes detailed information regarding deadlines and participation. It indicates that the creditor’s acknowledgment of the initial package and payment of the fee were late (on 1/23/19 and 1/28/19, respectively when the LMM Order (Docket No. 33) required them by 1/17/19). The LMM Report shows that the servicer
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was warned about these missed deadlines and advised that continued failure to comply would result in a Certification of Non-Compliance being filed with the court. The package was eventually acknowledged and the fee paid, and no Certification of Non-Compliance was ever filed. The Debtor’s decision to raise these issues nearly a year and a half later, and by procedurally improper means, is puzzling.
The LMM Report also documents the back-and-forth between the Debtor and Shellpoint regarding documentation and a couple instances of Shellpoint communicating outside the portal. Shellpoint was admonished by the Program Manager for communicating outside the portal and again advised that failure to correct the issue would result in a Certification of Non- Compliance. Again, no Certification of Non-Compliance was actually issued.
If the Debtor was troubled by Shellpoint’s conduct during the LMM Program, there was a procedure outlined in the LMM Procedures for her to follow. She did not follow those procedures. Instead, she waited a year, and then added these complaints to a procedurally improper claim objection.
There is no action the court should take regarding these allegations on the Objection.
LMM Outcome
Relatedly, the Debtor also asserts that Shellpoint improperly denied the Debtor a modification through the LMM Program. The arguments made by the Debtor suggest that Shellpoint’s participation was all a ruse, and that there was never a good faith effort to consider the Debtor’s application.
The Debtor asserts that the denial was based on a NPV analysis with a value of $755,000. The Debtor appealed the decision offering an appraisal of
$720,000, comparable sales, and a property tax valuation. The Debtor asserts that "Shellpoint refused to accept any of this evidence." (Objection, 6:22-24). The Debtor also argues that the alleged "advertisements" on Zillow showed decreasing bids, suggesting that the advertised bid amounts reflected the Property’s value. The Debtor makes the unsupported claim that the NPV "could not, in fact be greater than the amount [BONY] would receive at a foreclosure sale." (Objection, 6:27-7:2). But a Zillow foreclosure sale opening bid is not evidence of the fair market value of real property or even the price
11:30 AM
that the Property would actually sell for at a foreclosure sale.
In the Opposition, BONY describes the appeal procedure through the LMM Program, arguing that the Debtor repeatedly failed to follow the appeal requirements. BONY states that, based on the documents the Debtor submitted with her appeal, the value of the Property was increased, making the NPV more negative. BONY asserts that the Debtor tried to appeal again, but was reminded that only one appeal regarding value was allowed. BONY also asserts that the Debtor’s claim that she was not advised of the outcome of the appeal is false, as a letter was sent to her on 8/8/19.
The Debtor largely ignores the Opposition as to her modification denial. She merely asserts, without elaboration, that the denial was "for a reason that was not justified under the facts." (Reply, 7:14-15).
The Debtor fails to provide sufficient evidence to show that her LMM Program modification was wrongly denied. Even if it were, a claim objection would not be the proper means by which to contest the denial.
2018-2019 Payments
Under the title "Tax Accounting," the Debtor disputes postpetition payments. The court is unable to follow the Debtor’s patched-together arithmetic, but in any event, this issue is not appropriate for a claim objection. As noted above as to other matters, this addresses postpetition payments, not any prepetition amount due set forth in Claim 7. The Debtor gives no authority for reducing or disallowing a proof of claim based on her confusion about the amounts she has paid on postpetition obligations.
"Creation of a Tax Obligation"
Among the items listed in the Debtor’s "Damages" section of the Objection, she states: "as the declaration of Monique Mansfield describes, she has been damaged in the creation of a tax obligation by Shellpoint’s failure to properly credit her interest payments." This appears to be a reference to paragraphs 14 and 15 of the Mansfield Declaration, which are not discussed in the Objection except to demand damages.
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In those paragraphs of her declaration, the Debtor claims that she has had to pay higher income tax because Shellpoint failed to credit payments and send appropriate tax forms.
These allegations are not specific and certainly do not present sufficient evidence to demonstrate that any tax forms were in inappropriate amounts, much less that they caused any specific increased tax liability.
Moreover, to the extent this is based on matters discussed above regarding alleged returned payments or postpetition overpayments, those matters are not established as discussed herein. Finally, as also discussed herein, the Debtor does not provide authority as to how such a claim would be appropriate in the context of a claim objection.
RULING:
Overrule without prejudice to filing another claim objection as to those matters which are appropriate for a claim objection but not established by this objection, or to seeking relief as appropriate by adversary proceeding, a motion for order to show cause, or a motion pursuant to the LMM Procedures.
Debtor(s):
Monique Janel Mansfield Represented By Carissa N Horowitz William C Beall
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Adv#: 9:20-01015 Atkinson v. Luster et al
RE: [16] Motion for Judgment on Pleadings
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Docket 16
- NONE LISTED -
Debtor(s):
Joshua Michael Luster Represented By John D Faucher
11:30 AM
Defendant(s):
Joshua Michael Luster Represented By John D Faucher
Katherine Michelle Luster Represented By John D Faucher
Luster Construction Services Corp. Pro Se DOES 1-10 Pro Se
Joint Debtor(s):
Katherine Michelle Luster Represented By John D Faucher
Movant(s):
Joshua Michael Luster Represented By John D Faucher
Katherine Michelle Luster Represented By John D Faucher
Joshua Michael Luster Represented By John D Faucher
Katherine Michelle Luster Represented By John D Faucher
Plaintiff(s):
Dora Atkinson Represented By
Michael D Kwasigroch
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
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Docket 519
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to
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LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant all requested relief. Movant to lodge order within seven days.
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
11:30 AM
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Docket 525
11:30 AM
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant all requested relief. Movant to lodge order within seven days.
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
11:30 AM
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Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
RE: [20] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 20458 Pacific Coast Highway, Malibu, CA 90265 with Exhibits "A" through "B" and Proof of Service of Document.
FR. 8-16-19, 9-18-19, 10-16-19, 12-4-19, 1-29-20, 2-26-20, 3-25-20, 6-1-20
Docket 20
August 4, 2020
Any progress? This matter has been continued many times.
May 28, 2020
The motion is unopposed and shows cause under section 362(d)(1) for the requested relief. Grant unless the debtor has evidence that he is current or the parties have agreed to an APO.
Ruling for March 25, 2020
Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.
Ruling for February 26, 2020
Continued to March 25, 2020 at 10:30. Movant to file and serve notice.
11:30 AM
Debtor(s):
Robert B. Haight Represented By Nicholas S Nassif
Movant(s):
DJ Development,LLC Represented By Abel Ortiz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 1
Continue to 8/25, to be heard with motion to modify plan. No appearances for 8/4.
Debtor(s):
Maurice Leo Wedell Represented By Leslie A Cohen
Joint Debtor(s):
Susan Elizabeth Wedell Represented By Leslie A Cohen
11:30 AM
Adv#: 9:19-01039 McBeth v. Platinum Investments Group, LLC et al
RE: [1] Adversary case 9:19-ap-01039. Complaint by Sandra K. McBeth against Platinum Investments Group, LLC, Idalid Byrns, Ryan Byrns. (Charge To Estate). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)) (Torres, Felicita)
FR. 10-10-19, 12-5-19, 5-5-20
Docket 1
- NONE LISTED -
Debtor(s):
Ventura M Juarez Represented By
Michael Grennier - INACTIVE -
Defendant(s):
Platinum Investments Group, LLC Represented By
Reed H Olmstead
Idalid Byrns Represented By
Reed H Olmstead
Ryan Byrns Represented By
Reed H Olmstead
Joint Debtor(s):
Catalina G Juarez Represented By
Michael Grennier - INACTIVE -
11:30 AM
Plaintiff(s):
Sandra K. McBeth Represented By Felicita A Torres
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
Adv#: 9:20-01035 Faith v. Bay Area Bottling, LLC
RE: [1] Adversary case 9:20-ap-01035. Complaint by Jeremy W. Faith against Bay Area Bottling, LLC. (Charge To Estate). - Complaint for (1) Avoidance of Post-Petition Transfer; and (2) to Preserve Recovered Transfers for Benefit of Debtor's Estate [11 U.S.C. §§ 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)) (Friedman, Anthony)
Docket 1
- NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Bay Area Bottling, LLC Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:19-01037 McBeth v. Chavez
RE: [1] Adversary case 9:19-ap-01037. Complaint by Sandra K. McBeth against Javier Chavez. (Charge To Estate). Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Sholder, Joseph)
FR. 9-26-19, 12-17-19, 3-24-20
Docket 1
- NONE LISTED -
Debtor(s):
Carolina Chavez Represented By Andrew S Mansfield
Defendant(s):
Javier Chavez Represented By Larry D Webb
Plaintiff(s):
Sandra K. McBeth Represented By Joseph M Sholder
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
Docket 15
- NONE LISTED -
Debtor(s):
Ryan Michael Smith Represented By Reed H Olmstead
Joint Debtor(s):
Shalon Varian Edwards Represented By Reed H Olmstead
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 26
- NONE LISTED -
Debtor(s):
Adrian B. Ceniceros Represented By Janet A Lawson
Joint Debtor(s):
Monique M. Ceniceros Represented By Janet A Lawson
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 22
- NONE LISTED -
Debtor(s):
Laura Anne Porzio Pro Se
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Christopher Nathan Lichtman Represented By Daniel A Higson
Joint Debtor(s):
Carrie Anne Lichtman Represented By Daniel A Higson
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Curley Everett Gorley Represented By Michael B Clayton
Joint Debtor(s):
Robin Elizabeth Watt-Gorley Represented By Michael B Clayton
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Erik Inoscencio Carrera Represented By Maria C Hehr
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Elias Aceves Murillo Jr. Represented By Maria C Hehr
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 19
- NONE LISTED -
Debtor(s):
Juan Antonio Duarte Pro Se
Joint Debtor(s):
Imelda Maria Duarte Pro Se
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 12
- NONE LISTED -
Debtor(s):
Deborah Ruth Mueller Represented By Ashkan Ashour
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 7
- NONE LISTED -
Debtor(s):
Eusebio Garcia Represented By Todd J Mannis
Joint Debtor(s):
Teresa De Jesus Garcia Represented By Todd J Mannis
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
James Allen Dunning Represented By Karen L Grant
Joint Debtor(s):
Heather Rae Dunning Represented By Karen L Grant
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [9] Reaffirmation Agreement Between Debtor and Navy Federal Credit Union (RE RE 2008 Lexus EX)
Docket 9
- NONE LISTED -
Debtor(s):
Daniel Louis Menna Represented By Karen L Grant
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [10] Reaffirmation Agreement Between Debtor and Navy Federal Credit Union (RE 2009 Lexus RX 350)
Docket 10
- NONE LISTED -
Debtor(s):
Daniel Louis Menna Represented By Karen L Grant
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Dina Marie Burnett Represented By Daniel King
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Reaffirmation Hearing Date Set
RE: [11] Pro se Reaffirmation Agreement Between Debtor and Kia Motors Finance
FR. 7-15-20
Docket 11
- NONE LISTED -
Debtor(s):
Ann Marie McCarthy Represented By Daniel A Higson
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Reaffirmation Hearing Date Set
RE: [12] Reaffirmation Agreement Between Debtor and TD Auto Finance LLC (2012 Honda CR-V)
FR. 7-15-20
Docket 12
- NONE LISTED -
Debtor(s):
Joseph Alberto Garcia Represented By Linda S Blonsley
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Reaffirmation Hearing Date Set
RE: [13] Reaffirmation Agreement Between Debtor and Wells Fargo Auto FR. 7-15-20
Docket 13
- NONE LISTED -
Debtor(s):
James Joseph Fariello Represented By Shawn S White
Joint Debtor(s):
Terri Lynn Hintz Fariello Represented By Shawn S White
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Reaffirmation Hearing Date Set
RE: [14] Pro se Reaffirmation Agreement Between Debtor and OneMain FR. 7-15-20
Docket 14
- NONE LISTED -
Debtor(s):
James Joseph Fariello Represented By Shawn S White
Joint Debtor(s):
Terri Lynn Hintz Fariello Represented By Shawn S White
Trustee(s):
Sandra McBeth (TR) Pro Se
11:00 AM
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Docket 54
Continue to allow the state court to rule.
Debtor(s):
Studio Production Center, Inc. Represented By Mark E Brenner Mark E Brenner
11:00 AM
U.S.C. § 506(a), FRBP 3012]: 4201 Fleethaven Road, Lakewood, CA 90712 fr.4-6-20
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Docket 29
The court is aware that the parties have resolved this matter. Please upload an order so the court can take this matter off calendar.
Debtor(s):
Michael John Bostic Represented By
11:00 AM
Movant(s):
Matthew D. Resnik Roksana D. Moradi-Brovia
Michael John Bostic Represented By Matthew D. Resnik Matthew D. Resnik
Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia
11:00 AM
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Docket 10
The court has questions, in particular regarding the rental income actually being received and the debtor's ability to make adequate protection payments. The cash collateral budget is materially different from the schedules filed the same day.
Is this rental property even estate property?
11:00 AM
The court will need independent evidence of rental income and expenditures made on the property beyond what has been already provided.
Debtor(s):
Hilary Taylor Johnson Represented By Onyinye N Anyama
11:00 AM
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Docket 143
- NONE LISTED -
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold
11:00 AM
Lindsey L Smith
11:00 AM
fr.7-14-20
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Docket 123
- NONE LISTED -
Debtor(s):
NAI Capital, Inc. Represented By
11:00 AM
Ron Bender Todd M Arnold Lindsey L Smith
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
RE: [53] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 15226 Campus Park Drive, Unit #A, Moorpark, CA 93021 with proof of service. (Richey, Cassandra)
Docket 53
Any update on APO?
Debtor(s):
Gary William Brinkmeyer Represented By Kevin T Simon
Movant(s):
The Bank of New York Mellon, et al Represented By
Cassandra J Richey
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [75] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 971 VISALIA STREET, PISMO BEACH, CA 93449 . (Ferry, Sean)
FR. 1-29-20, 2-26-20, 3-25-20, 5-6-20, 5-13-20, 6-30-20
Docket 75
At the June 30 hearing, counsel indicated the parties had negotiated an APO.
Ruling for March 25, 2020
Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.
Ruling for February 26, 2020
Continued to March 25, 2020 at 10:30 a.m.
Ruling for 1/29/20: Continued to 2/26/20 at 10:30 a.m.
Debtor(s):
David Allen Yatsko Represented By Chris Gautschi
Movant(s):
Deutsche Bank National Trust Represented By Sean C Ferry
11:30 AM
Trustee(s):
Keith Labell Theron S Covey Eric P Enciso
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [67] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 311 S Oakglen Avenue, Nipomo, CA 93444 with Proof of Service. (Martinez, Kirsten)
Docket 67
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
Debtor(s):
Jose Santiago Murguia Represented By Nicholas M Wajda
11:30 AM
Joint Debtor(s):
Piedad Murguia Represented By Nicholas M Wajda
Movant(s):
MEB Loan Trust III Represented By Kirsten Martinez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [92] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 470 N 3rd St, Grover Beach, California 93433 . (Ferry, Sean)
FR. 5-27-20, 6-10-20
Docket 92
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
11:30 AM
Debtor(s):
Deborah Ann Rogers Represented By Carissa N Horowitz
Movant(s):
Deutsche Bank National Trust Represented By Sean C Ferry Eric P Enciso
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 50
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Marjorie Johnson Represented By Vaughn C Taus
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
11:30 AM
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 59
Is the debtor current?
Debtor(s):
Juan Manuel Aguilar Represented By Steven Trolard
Movant(s):
TOYOTA MOTOR CREDIT Represented By Kirsten Martinez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [20] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1300 East Chestnut Avenue, Lompoc, CA 93436 . (Castle, Caren)
FR. 10-2-19, 11-6-19, 12-4-19, 1-29-20, 2-26-20, 3-25-20, 5-6-20, 5-13-20,
6-30-20
Docket 20
At the 6/30 hearing, the parties indicated they were negotiating an APO.
Ruling for March 25, 2020
Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.
Ruling for February 26, 2020
Continued to March 25, 2020 at 10:30 a.m.
Ruling for 1/29/20: Continued to 2/26/20 at 10:30 a.m.
Ruling for December 4, 2019: Continued to 1/29/20 at 10:30 a.m.
Both sides may supplement the record no later than 1/17/20. On 1/24/20, parties may file a response. On 1/29/20, the Court will rule on this Motion. In the interim, the parties should seek to work out a stay current APO.
11:30 AM
Ruling for 11/6/19: Continued to 12/4/19 at 10:30 a.m.
Ruling for October 2, 2019: Continued to 11/6/19 at 10:30 a.m.
Tentative Ruling for October 2, 2019:
Appearances required.
Debtor(s):
Gilbert Ray De La Mora Represented By James C Ames
Movant(s):
Mortgage Solutions of Colorado, Represented By
Daniel K Fujimoto Austin P Nagel Kirsten Martinez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 49
Is the movant the servicer for the beneficiary, or the holder (MERS appears to be the beneficiary so the motion may have the wrong box checked)?
Debtor(s):
Frank Joseph Heller Represented By Eric Ridley
Joint Debtor(s):
Marlo Marie Heller Represented By Eric Ridley
Movant(s):
Select Portfolio Servicing Inc., as Represented By
Jenelle C Arnold
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 12
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Victoria Lee Bohn Represented By Ali R Nader
Movant(s):
THE DUNNING LAW FIRM APC Represented By
James MacLeod
11:30 AM
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 14
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant all requested relief. Movant to lodge order within seven days.
Debtor(s):
Hernan A. Udaeta Represented By Nathan A Berneman
Movant(s):
Hernan A. Udaeta Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 95
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
The Movants are correct that the automatic stay was terminated pursuant to § 362(c)(2)(C) and case law including Watson v. City National Bank (In re Watson), 78 B.R. 232, 234 (B.A.P. 9th Cir. 1987) ("the creditor may pursue its non-dischargeable judgment, albeit only upon property not within the bankruptcy estate, such as property acquired after bankruptcy"); see also Cady v. Klapperman (In re Cady), 266 B.R. 172, 180 (B.A.P. 9th Cir. 2001), aff’d, 315 F.3d 1121 (9th Cir. 2003) (affirming the rationale of In re Watson); (Mem. P. & A., at 11-12). Further, the Movants have demonstrated that there is cause for relief from the stay, to the extent it has not terminated, under section 362(d)(1).
Grant all requested relief. Movants to lodge order within seven days.
Debtor(s):
Walter W. Knauss Represented By
11:30 AM
John D Faucher
Joint Debtor(s):
Catherine Lynn Knauss Represented By John D Faucher
Movant(s):
John Skirtich Represented By
Todd C. Ringstad
Martin Logies Represented By Todd C. Ringstad
Cardinal Collection Educational Represented By Todd C. Ringstad
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Carmela Pagay
11:30 AM
Docket 41
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
The trustee has indicated no opposition to the requested relief. Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Accuair Control Systems, LLC Represented By Paul F Ready
Movant(s):
CDS Business Services, Inc. d/b/a Represented By
Bruce J Zabarauskas
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Represented By Meghann A Triplett
11:30 AM
RE: [47] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 888 Ricardo Court San Luis Obispo, CA 93401 with Proof of Service. (Callahan, Drew)
Docket 47
- NONE LISTED -
Debtor(s):
Accuair Control Systems, LLC Represented By Paul F Ready
Movant(s):
Accuair Control Systems, LLC Represented By Drew A Callahan
Trustee(s):
Jeremy W. Faith (TR) Represented By Meghann A Triplett
11:30 AM
Docket 50
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Accuair Control Systems, LLC Represented By Paul F Ready
Movant(s):
Newtek Small Business Finance, Represented By
Drew A Callahan
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Represented By Meghann A Triplett
11:30 AM
Docket 19
The motion is unopposed. Grant. Please confirm that relief is being sought only as to Salvatore Espresso Systems, Inc.
Debtor(s):
Salvatore Cisaria Represented By Roy M Holland
Joint Debtor(s):
Wendy Carolyn Stephen Represented By Roy M Holland
Movant(s):
Carol A. Orton, Trustee of the Orton Represented By
Reed H Olmstead
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 10
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT. The Movant may proceed with the Non-bankruptcy Action defined in the motion. Movant may proceed to final judgment in the District Court, with the stay to remain in effect as to enforcement against the debtor or property of the estate. Deny all extraordinary relief; no cause shown.
Movant to submit order within seven days.
Debtor(s):
BIG F COMPANY, INC. Represented By Hagop T Bedoyan
11:30 AM
Movant(s):
Juana Velasco-Torres Represented By Ezra Kautz
Gabriela Rendon-Vasquez Represented By Ezra Kautz
Cesar Jimenez-Mendoza Represented By Ezra Kautz
Benito Perez-Reyes Represented By Ezra Kautz
Luis Morales-Garcia Represented By Ezra Kautz
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 54
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Randall Wayne Ward Jr. Pro Se
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
11:30 AM
RE: [154] Motion RE: Objection to Claim Number 1 by Claimant City National Bank. -- Chapter 7 Trustee's Motion For An Order Disallowing Claim No. 1-1 Filed By City National Bank For Lack Of Supporting Documents; Memorandum Of Points And Authorities; Declaration Of Annie Y. Stoops In Support Thereof, With Proof Of Service (Stoops, Annie)
Docket 154
- NONE LISTED -
Debtor(s):
Robert John Samuel Fowler Represented By David L Oberg
Movant(s):
Jeremy W. Faith (TR) Represented By
M Douglas Flahaut Annie Y Stoops Aram Ordubegian
Trustee(s):
Jeremy W. Faith (TR) Represented By
M Douglas Flahaut Annie Y Stoops Aram Ordubegian
11:30 AM
Docket 157
Was the Movant unaware of the bankruptcy case or that it had been reopened? When did the Movant learn of the bar date? Something more specific than "way later in the case," please.
The Movant argues, citing City of New York v. New York, New Haven & Hartford R.R., 344 U.S. 293 (1953), that not deeming its claims timely would violate "constitutional due process." In that case, a creditor was aware of a pending reorganization case, but it was not barred from filing a late claim because even a creditor with knowledge of the case has a "right to assume the statutory ‘reasonable notice’ will be given them before their claims are forever barred." City of New York, 344 U.S. at 297.
Cases applying City of New York in this circuit and more recently have refused to read City of New York as a bright-line rule requiring actual notice. For example, in Zidell, Inc. v. Forsch (In re Coastal Alaska Lines, Inc.), 920 F.3d 1428 (9th Cir. 1990), the Ninth Circuit affirmed a decision to deny enlargement of time and sustain a claim objection based on timeliness where the creditor had received notice of the creditors’ meeting and therefore knew that, if assets existed from which a dividend could be paid, creditors would have an opportunity to file claims. Coastal Alaska Lines, 920 F.2d at
1430-31. Effectively, the Coastal Alaska Lines court held that inquiry notice was sufficient to satisfy due process and distinguish a case from City of New York. Id. at 1431.
The Movant also cites, without pincite or discussion, the decision in In re First Magnus Financial Corp., 415 B.R. 416 (Bankr. D. Ariz. 2009). In First Magnus, the creditor had knowledge neither of the bar date nor of the pending bankruptcy case. Id., 415 B.R. at 423. As noted above, the court does not know whether the Movant was aware of the reopened bankruptcy case or when it learned of the notice of possible dividend and the bar date.
11:30 AM
The Movant’s failure to provide any evidence except the assertion that it was not aware of the bar date at the time notice was given or at the time of the bar date leaves the court unable to evaluate whether the Movant’s due process rights would be impaired if the court were not to deem the Claims timely filed. The court needs more information to grant relief here.
Debtor(s):
Robert John Samuel Fowler Represented By David L Oberg
Movant(s):
Peter De Witte Represented By Shalom Rubanowitz
Trustee(s):
Jeremy W. Faith (TR) Represented By
M Douglas Flahaut Annie Y Stoops Aram Ordubegian
11:30 AM
Docket 279
This case is nearly three years old. The basis for the U.S. Trustee's motion is the debtor's repeated delay and the fact that the confirmation hearing has been continued over 12 times. The debtor's response is not to refute any of the points made in the motion, but rather to ask whether this motion can be continued. The court is sympathetic to the debtor's situation, particularly in light of his health issues, but the parties need to address whether it is time to dismiss this case.
Debtor(s):
Jonathan David Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
Docket 30
It appears that the Debtor, while addressing some specifics of the U.S. Trustee's motion, does not oppose dismissal. The court agrees that dismissal is appropriate. Please be prepared to address whether a bar to refiling is appropriate based on the multiple filings related to this real property.
Debtor(s):
Edgar Augusto Meinhardt Iturbe Pro Se
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
RE: [1] Chapter 11 Voluntary Petition Individual. FR. 7-13-20
Docket 1
- NONE LISTED -
Debtor(s):
Edgar Augusto Meinhardt Iturbe Pro Se
11:30 AM
RE: [48] Emergency Motion To Stay Pending Appeal (EDB Filing) (related documents 42 Notice of Appeal and Statement of Election (Official Form 417A))
Docket 48
- NONE LISTED -
Debtor(s):
Edgar Augusto Meinhardt Iturbe Pro Se
Movant(s):
Edgar Augusto Meinhardt Iturbe Pro Se
11:30 AM
Adv#: 9:19-01019 Corporate Recovery Associates, LLC v. Grant Thornton, LLP
RE: [1] Adversary case 9:19-ap-01019. Complaint by Corporate Recovery Associates, LLC against Grant Thornton, LLP. (Charge To Estate). Complaint to
(1) Avoid and Recover Unauthorized Post-Petition Transfers; (2) Avoid and Recover Fraudulent Transfers Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer), (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)) (Torres, Felicita).
Docket 1
- NONE LISTED -
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
Grant Thornton, LLP Represented By Ian Landsberg
Plaintiff(s):
Corporate Recovery Associates, Represented By Felicita A Torres Christian A Orozco Edward J Dennis
11:30 AM
Adv#: 9:20-01018 Faith v. Digital Dogma Corp.
RE: [1] Adversary case 9:20-ap-01018. Complaint by Jeremy W. Faith against Digital Dogma Corp.. (Charge To Estate). - Complaint (1) for Avoidance of Post- Petition Transfer; and (2) to Preserve Recovered Transfers for Benefit of Debtor's Estate [11 U.S.C. §§ 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)) (Friedman, Anthony)
FR. 4-28-20
Docket 1
- NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Digital Dogma Corp. Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:20-01012 Hamm II v. Namba
RE: [1] Adversary case 9:20-ap-01012. Complaint by Charles A Hamm II against Jerry Namba . Adversary Complaint to Determine Interest in Property (Federal Rule of Bankruptcy Procedure 7001(a) and (9)) (Fee Not Paid/Charge To Estate). Nature of Suit: (91 (Declaratory judgment)) (Rust, Kam).
FR. 3-24-20
Docket 1
No appearances on 8/10/20.
Continued to 2/24/21 by agreement of the parties. Please submit a joint status report no later than 2/17/21.
Debtor(s):
Charles Ardeil Hamm II Pro Se
Defendant(s):
Jerry Namba Represented By
Jerry Namba
Plaintiff(s):
Charles A Hamm II Pro Se
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Adv#: 9:20-01027 Namba v. Rojas et al
RE: [1] Adversary case 9:20-ap-01027. Complaint by Jerry Namba against James Rojas, Sugira Limited, LLC, AKA Sugari Limited, LLC, Texas Tart, LLC, a California Limited Liability Company, Texas Tart, LLC, a Delaware Limited Liability Company, Texas Tart, a Delaware Corporation, Dru Peterson, Susan Peterson, Jodi A. Proud. (Charge To Estate). (Attachments: # 1 Exhibit A) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Altman, Louis)
FR. 5-5-20
Docket 1
Continued to 10/14/20 at the Plaintiff's request (Defendant has not appeared or answered).
No appearances on 8/10/20 unless counsel would like to request another date.
Debtor(s):
Canyon Crest Ranch Partners- Represented By Dana M Douglas
Defendant(s):
James Rojas Pro Se
Sugira Limited, LLC, AKA Sugari Pro Se Texas Tart, LLC, a California Pro Se
Texas Tart, LLC, a Delaware Pro Se Texas Tart, a Delaware Corporation Pro Se
11:30 AM
Dru Peterson Pro Se
Susan Peterson Pro Se
Jodi A. Proud Pro Se
Plaintiff(s):
Jerry Namba Represented By
Louis H Altman Vanessa M Haberbush
Trustee(s):
Jerry Namba (TR) Represented By Aaron E de Leest Brad Krasnoff
11:30 AM
Adv#: 9:19-01015 KELLY v. IVERSON et al
RE: [1] Adversary case 9:19-ap-01015. Complaint by Sandra K. McBeth against Cathy Iverson. (Charge To Estate). Notice of Removal of Lawsuit Pending in State Court to Bankruptcy Court Nature of Suit: (01 (Determination of removed claim or cause)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Simons, Larry)
FR. 6-12-19, 7-16-19, 10-15-19, 12-17-19, 3-24-20
Docket 1
- NONE LISTED -
Debtor(s):
Charolette D.W. Iverson Represented By Jeremy Faith
Defendant(s):
CHAROLETTE IVERSON Pro Se
Cathy Iverson Represented By
Candice Candice Bryner Jeremy Faith
Plaintiff(s):
AEOLAN KELLY Represented By Diane Goldman
Trustee(s):
Sandra McBeth (TR) Represented By Larry D Simons
11:00 AM
Join by Computer
Meeting URL: https://cacb.zoomgov.com/j/1606502573
Meeting ID: 160 650 2573
Password: 532288
Join by Telephone
For higher quality, dial a number based on your current location.
Dial: US: +1 669 254 5252 or +1 646 828 7666
Meeting ID: 160 650 2573
Password: 532288
Docket 1
Debtor(s):
Patricia Jane Herman Represented By Matthew D. Resnik
11:00 AM
Adv#: 2:13-01720 New Meatco Provisions, LLC v. Greenberg Cheese Company, Inc.
Docket 63
- NONE LISTED -
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut Michael S Cryan
Defendant(s):
Greenberg Cheese Company, Inc. Pro Se
Plaintiff(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut Lindsey L Smith Anthony A Friedman
Trustee(s):
Howard B Grobstein Represented By Lindsey L Smith Larry W Gabriel Reagan E Boyce Anthony A Friedman Eve H Karasik
11:00 AM
11:00 AM
Adv#: 2:13-01720 New Meatco Provisions, LLC v. Greenberg Cheese Company, Inc.
fr.10-3,12-11-13,1-9-14,3-20-14,5-20-14, 8-19-2014
fr. 11-18-14,9-18-19, 2-24-15, 6-9-15,8-25-15
fr.12-15-15,4-19-16, 7-26-16, 10-25-16, 2-7-17
fr.5-23-17,5-30-17,9-5-17,9-12-17,3-14-18
fr. 6-27-18,11-7-18,1-23-19, 5-22-19
fr. 9-18-19, 12-3-19
TELEPHONIC APPEARANCE ONLY
fr.3-11-20
Docket 1
- NONE LISTED -
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut
Defendant(s):
Greenberg Cheese Company, Inc. Pro Se
Plaintiff(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
11:00 AM
M Douglas Flahaut
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:00 AM
Adv#: 2:13-01896 New Meatco Provisions, LLC v. Marquez Brothers Enterprises, Inc.
fr.10-3,12-11-13,1-9-14,3-20-14,5-20-14,
8-19-2014 fr. 11-18-14, 2-24-15,6-9-15,8-25-15
fr.12-15-15,4-19-16,7-26-16,10-25-16
fr.2-7-17,5-23-17,5-30-17,9-5-17,9-12-17
fr.3-14-18, 6-27-18,11-7-18,1-23-19
fr. 5-22-19,9-18-19,12-3-19, fr.3-11-20
Docket 1
- NONE LISTED -
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut
Defendant(s):
Marquez Brothers Enterprises, Inc. Pro Se
Plaintiff(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
11:00 AM
M Douglas Flahaut
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:00 AM
Adv#: 2:13-01910 New Meatco Provisions, LLC v. Richmoore Holding, Inc.
fr.10-3,12-11-13,1-9-14,3-20-14,5-20-14, 8-19-2014
fr. 11-18-14, 2-24-15,6-9-15,8-25-15,12-15-15
fr.4-19-16, 7-26-16,10-25-16, 2-7-17,5-23-17
fr.5-30-17,9-5-17,9-12-17,3-14-18, 6-27-18
fr.11-7-18, 1-23-19, 5-22-19,9-18-19,12-3-19,3-11-20
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Docket 1
11:00 AM
- NONE LISTED -
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut
Defendant(s):
Richmoore Holding, Inc. Pro Se
Plaintiff(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:00 AM
Adv#: 2:13-02202 New Meatco Provisions, LLC v. AA Meat Products Corporation
fr.3-20-14,5-20-14, 8-19-2014,11-18-14
fr. 2-24-15,6-9-15,8-25-15,12-15-15
fr.4-19-16,7-26-16,10-25-16,2-7-17,5-23-17
fr.5-30-17,9-5-17,9-12-17,3-14-18
fr. 6-27-18,11-7-18,1-23-19, 5-22-19
9-18-19, 12-3-19,3-11-20
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Docket 1
The court has conducted evidentiary hearings using zoom. Before the court continues this matter pending an in-person trial at some unknown date in the
11:00 AM
future, perhaps the parties should discuss a trial conducted over zoom.
How many witnesses and exhibits are expected? How long would the parties expect trial to be?
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut Michael S Cryan
Defendant(s):
AA Meat Products Corporation Pro Se
Plaintiff(s):
New Meatco Provisions, LLC Represented By Mette H Kurth Michael S Cryan M Douglas Flahaut
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:00 AM
Adv#: 2:15-01238 Grobstein v. Bay Area Seafood, Inc.
fr.7-7-15,8-11-15,12-15-15,4-19-16
fr.7-26-16,10-25-16,2-7-17,5-23-17
fr.5-30-17,9-5-17,9-12-17,3-14-18
fr. 6-27-18,11-7-18,1-23-19, 5-22-19
9-18-19, 12-3-19,3-11-20
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Docket 1
- NONE LISTED -
11:00 AM
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut Michael S Cryan
Defendant(s):
Bay Area Seafood, Inc. Pro Se
Plaintiff(s):
Howard Grobstein Represented By Lindsey L Smith
Trustee(s):
Howard B Grobstein Represented By Lindsey L Smith
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:00 AM
Adv#: 2:15-01244 Grobstein v. Maike Loehr & Company, Inc., dba Landmark Foods
fr.7-7-15,8-11-15,12-15-15,4-19-16
fr.7-26-16,10-25-16,2-7-17,5-23-17
fr.5-30-17,9-5-17,9-12-17,3-14-18
fr. 6-27-18,11-7-18,1-23-19, 5-22-19
9-18-19, 12-3-19,3-11-20
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Docket 1
- NONE LISTED -
11:00 AM
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut Michael S Cryan
Defendant(s):
Maike Loehr & Company, Inc., dba Pro Se
Plaintiff(s):
Howard Grobstein Represented By Anthony A Friedman Lindsey L Smith Gary E Klausner
Trustee(s):
Howard B Grobstein Represented By Lindsey L Smith
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:00 AM
Adv#: 2:19-01014 Gotfredson v. Wong et al
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Docket 1
The court won't consider remand without a noticed motion and opportunity to respond. FRBP 9027(d), 9014.
Debtor(s):
Eliminator Custom Boats, Inc. Represented By James E Till
11:00 AM
Defendant(s):
James Y Wong Pro Se
Armory Consulting Co. Pro Se
Eliminator Custom Boats, Inc. Represented By James E Till
Plaintiff(s):
Elliott Gotfredson Represented By
E Jay Gotfredson James E Till
11:00 AM
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Docket 0
The court thanks the plan administrator for the second status report.
Please update the court on anticipated timing and when/whether there should be another status conference.
Debtor(s):
3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
RE: [44] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 205 S Sage St, Lompoc, California 93436-6422 with Exhibits and Proof of Service. (Zahradka, Robert)
FR. 5-7-20, 5-13-20
Docket 44
At the hearing on 5/13/20, the Movant reported that the Debtor had received forbearance through July. The Movant requested a continuance to August to see whether the Debtor would be able to pay arrears at that point.
Please update the court.
Debtor(s):
Rocelia Rodriguez Solis Represented By James C Ames
Movant(s):
Quicken Loans Inc. Represented By Robert P Zahradka
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [56] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2781 Calle Bienvenido, Thousand Oaks, CA 91360.
FR. 5-27-20, 6-10-20, 7-8-20, 7-21-20
Docket 56
- NONE LISTED -
Debtor(s):
Rebecca Jolene Borchers Represented By Matthew D. Resnik
Movant(s):
Citibank, N.A., as Trustee for Represented By Katherine S Walker
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 75
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
Debtor(s):
Robert B. Haight Represented By Nicholas S Nassif
11:30 AM
Movant(s):
CitiMortgage, Inc. Represented By Robert P Zahradka
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [20] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 20458 Pacific Coast Highway, Malibu, CA 90265 with Exhibits "A" through "B" and Proof of Service of Document.
FR. 8-16-19, 9-18-19, 10-16-19, 12-4-19, 1-29-20, 2-26-20, 3-25-20, 6-1-20,
8-4-20
Docket 20
This matter has been continued many times. The court has a final ruling to grant the real property motion for relief.
May 28, 2020
The motion is unopposed and shows cause under section 362(d)(1) for the requested relief. Grant unless the debtor has evidence that he is current or the parties have agreed to an APO.
Ruling for March 25, 2020
Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.
Ruling for February 26, 2020
Continued to March 25, 2020 at 10:30. Movant to file and serve notice.
11:30 AM
Debtor(s):
Robert B. Haight Represented By Nicholas S Nassif
Movant(s):
DJ Development,LLC Represented By Abel Ortiz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 54
Is the debtor current?
Debtor(s):
Alfonso Serrato Cortez Represented By William E. Winfield
Movant(s):
Kia Motors Finance Represented By Sheryl K Ith
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [31] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 8116 North Ventura Avenue, Ventura, CA 93001
FR. 7-8-20
Docket 31
At the 7/8/20 hearing, the movant reported that they were working on an APO and requested a continuance. Please update the court.
7/8/20 Tentative Ruling:
Appearances required.
The "forbearance plan" the Debtor references is a form that the Debtor filled out online. The form clearly states that filling out the form is only a request for a forbearance plan, as seen above the signature lines. See Opposition, Exhibit C. The bottom of the form makes even more clear that the form is a request by stating that processing time for the request is seven to ten business days. The Debtor has not attached a confirmation of the request.
The movant should be prepared to confirm the status of any forbearance approval or denial. The Debtor should be prepared to confirm what, if any, payments have been made since the forbearance request form was filled out.
Debtor(s):
Sandra Soto Represented By
Randall V Sutter
11:30 AM
Movant(s):
Broker Solutions Inc. dba New Represented By
Erin M McCartney
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [9] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate .
FR. 7-21-20
Docket 9
This matter was continued for proper service on certain creditors. An amended proof of service was filed on 7/23/20 (Docket No. 15). It attaches the original proof of service and an amended proof of service, but the amended proof of service says that the document served was the "amended proof of service," not the notice and motion. There is still no proof of service showing that service of the notice and motion were made properly on Idolina Harris and Capital One Auto Finance.
7/21/20 Tentative Ruling:
There really isn't a strong showing (or any showing) by the debtor here.
With respect to the grounds for arguing that the presumption of bad faith under § 362(c)(3) has not arisen or has been overcome, the debtor only asserts generically that he has "been able to recover from the financial hardship" that led to dismissal of the prior case and can meet his plan obligations. This is insufficient for the court to be able to conclude that the debtor's financial condition changed in the five-day period between the two cases such that this case is likely to conclude with a confirmed and fully performed plan.
When the debtor filed the prior case, he claimed income of $6,000/month solely from rental income. He failed to include the required statement itemizing the elements of the rental income (Schedule I, 8a). The debtor identified no unexpired leases.
In the current case, the debtor claimed less income, again $5,000/month solely
11:30 AM
from rental income and without the required statement showing how net income was calculated. He also again disclosed no unexpired leases.
The debtor asserts in his declaration in support of the motion that dismissal of the prior case was due to a tenant's failure to pay rent. He does not say that the tenant has paid the past-due rent and/or resumed rent payments. He also does not explain why the amount of rental income has decreased. Given that there is no disclosed lease, the court has no way to conclude that this is reliable rental income sufficient to fund a plan for its full term. The debtor evidently has no other source of income.
The debtor's SOFA undermines any claim that he has recovered financially. The SOFA filed in his 2/18/20 case stated that his income year-to-date was $15,000. The SOFA filed on 6/23/20 again states that his year-to-date income was still
$15,000 four months later.
The debtor's generic assertion of "recovery" is insufficient and is rebutted by his own case commencement documents. Unless he is able to present further information regarding his prior financial difficulty and what has changed since the prior case was dismissed (e.g., he claims the difficulty was because a tenant failed to pay rent, but doesn't say that the tenant is now paying rent), the court will have to deny the motion.
Two creditors were clearly not properly served:
Service on Idolina Harris was made at an address other than the one she used on the proof of claim filed in the prior case (and again in the proof of claim filed in this case after this motion was filed).
Service on another secured creditor, Capital One Auto Finance was made on an incomplete address -- it just says "Credit Bureau Dispute, Plano, TX 95025" with no street address or P.O. box. The debtor could easily have used the address given on the proof of claim filed in the prior case.
Debtor(s):
George J Rangel Represented By Joshua L Sternberg
11:30 AM
Movant(s):
George J Rangel Represented By Joshua L Sternberg
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 10
Appearances required.
After reviewing the papers, the court doesn't see that the movant has established cause for relief here.
Debtor(s):
Bradley Jay Herman Represented By Khachik Akhkashian
Movant(s):
Sterling Center Drive, LLC Represented By Brian Nomi
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 20
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
Deny the extraordinary relief requested under paragraphs 7, 9, 10. No cause has been shown.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Gary Herbert Ast Represented By Sara E Razavi
Movant(s):
Cynga, Inc. Represented By
Brian Nomi
11:30 AM
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 35
Deny without prejudice.
While a debtor is entitled to testify as a lay witness regarding a property's value, the court can't overlook the self-serving nature of the debtor's declaration here and obvious shortcomings in the debtor's credibility. The court is also concerned that the purpose of this case is to effectuate a constructive fraudulent transfer of the property.
Perhaps additional evidence can be introduced at a future time to convince the court that there is cause for the requested relief. At a minimum, more credible evidence of value, such as an appraisal, would be needed.
Debtor(s):
Bruce Matthew Burke Represented By Arasto Farsad
Joint Debtor(s):
Jasmine Jaruda Burke Represented By Arasto Farsad
Movant(s):
Bruce Matthew Burke Represented By Arasto Farsad Arasto Farsad
Jasmine Jaruda Burke Represented By Arasto Farsad Arasto Farsad
11:30 AM
Docket 1
The goal of this case is to transfer real property to the Debtors' daughter for no consideration?
Debtor(s):
Bruce Matthew Burke Represented By Arasto Farsad
Joint Debtor(s):
Jasmine Jaruda Burke Represented By Arasto Farsad
11:30 AM
RE: [253] Motion Pursuant to Section 105(a) of the Bankruptcy Code for an Order Directing that Certain Orders in the Chapter 11 Case of Community Provider of Enrichment Services, Inc. d/b/a CPES Inc., et al. Be Made Applicable to the Additional Debtor's Subsequently Filed Case (Salzman, Ryan)
Docket 253
The court will handle this matter last, after cal no. 14.
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
11:30 AM
Adv#: 9:18-01057 Corporate Recovery Associates, LLC v. Chen
RE: [1] Adversary case 9:18-ap-01057. Complaint by Corporate Recovery Associates, LLC against Lynn Chen. (Charge To Estate). Complaint to Avoid and Recover Preferential Transfers of Property [11 U.S.C.Sections 547, 550 and 551] Nature of Suit: (12 (Recovery of money/property - 547 preference)) (Levin, Andrew)
FR. 12-19-18, 2-12-19, 3-19-19, 11-13-19, 3-3-20, 5-5-20
Docket 1
- NONE LISTED -
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
Lynn Chen Represented By
John P Byrne
Plaintiff(s):
Corporate Recovery Associates, Represented By Robert E Opera Andrew B Levin Joseph M Sholder Felicita A Torres Christian A Orozco
11:30 AM
Adv#: 9:19-01046 Kapitus Servicing, Inc., formerly known as Colonia v. McMahon et al
RE: [1] Adversary case 9:19-ap-01046. Complaint by Kapitus Servicing, Inc., formerly known as Colonial Funding Network, Inc., as servicing agent for Cashio against Kenneth L. McMahon, Jacqueline Lee McMahon. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Harvey, Brian)
FR: 10-29-19, 2-4-20, 4-7-20, 6-16-20
Docket 1
- NONE LISTED -
Debtor(s):
Kenneth L. McMahon Represented By Andrew S Mansfield
Defendant(s):
Kenneth L. McMahon Represented By Christina Vanarelli
Jacqueline Lee McMahon Represented By Christina Vanarelli
Joint Debtor(s):
Jacqueline Lee McMahon Represented By Andrew S Mansfield
Plaintiff(s):
Kapitus Servicing, Inc., formerly Represented By
Brian T Harvey
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:19-01035 Harandi v. Harandi
Docket 33
The Trustee claims to be entitled to intervention as of right. The Ninth Circuit has adopted a four-part test for intervention as of right under Rule 24(a)(2):
An order granting intervention as of right is appropriate if (1) the applicant's motion is timely; (2) the applicant has asserted an interest relating to the property or transaction which is the subject of the action;
(3) the applicant is so situated that without intervention the disposition may, as a practical matter, impair or impede its ability to protect that interest; and (4) the applicant's interest is not adequately represented by the existing parties.
U.S. ex rel. McGough v. Covington Technologies, 967 F.2d 1391, 1394 (9th Cir. 1992); see also Educational Credit Mgmt. Corp. v. Bernal (In re Bernal), 223 B.R. 542, 547 (B.A.P. 9th Cir. 1998). "Although the party seeking to intervene bears the burden of showing those four elements are met, ‘the requirements for intervention are broadly interpreted in favor of intervention.’" Prete v. Bradbury, 438 F.3d 949, 954 (9th Cir. 2006) (quoting United States v. Alisal Water Corp., 370 F.3d 915, 919 (9th Cir. 2004)). The test is conjunctive, so each of these four requirements must be satisfied. League of Unied Latin Am. Citizens v. Wilson, 131 F.3d 1297, 1302 (9th Cir. 1997).
Assuming the Trustee seeks to intervene as a defendant to this action, he meets the test for intervention as of right. As to the first factor, his application is timely, as he has promptly sought to intervene after being appointed. As to the second factor, the Trustee asserts an interest in the subject of the action – both the effect of the Deed on rights to the Property and the Plaintiff’s claim for postpetition spousal support. As to the third factor, whether the Trustee is so situated that disposition may impair his ability to protect his interest, it’s not entirely clear that the dispute between the Plaintiff and the
11:30 AM
Debtor, if disposed of pursuant to the first cause of action, would impair the Trustee’s interest. If the Plaintiff’s position is that she should retain a community property interest, that, the Trustee’s position is that it would change nothing – he would still be entitled to dispose of the Property whether it is the Debtor’s separate property or the community property of the Debtor and the Plaintiff. However, given that the Plaintiff seeks declaratory relief as to the extent of her interest in property of the estate, consistent with the Trustee’s duties as to estate property under § 704, it would be appropriate to allow the Trustee to intervene to protect the estate’s interest in the Property. Finally, as to the fourth factor, the Trustee’s interest is not adequately represented by the existing parties because the Debtor is no longer a debtor-in-possession and does not represent the interests of the estate in the bankruptcy case.
All of the factors for intervention as of right favor allowing the Trustee to intervene as a defendant to this proceeding.
Debtor(s):
Farshad Fasihi Harandi Pro Se
Defendant(s):
Farshad Fasihi Harandi Represented By David A Tilem
Movant(s):
David Seror (TR) Represented By Jessica L Bagdanov
Plaintiff(s):
Elizabeth Ann Harandi Represented By Brandon Winston
Trustee(s):
David Seror (TR) Represented By Jessica L Bagdanov
11:30 AM
Adv#: 9:20-01030 Namba v. Phillips
RE: [1] Adversary case 9:20-ap-01030. Complaint by Jerry Namba against Robert
J. Phillips. (Charge To Estate). COMPLAINT AGAINST DEBTOR FOR DENIAL OF DISCHARGE Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Olmstead, Reed)
FR. 5-27-20, 6-10-20
Docket 1
The plaintiff needs to lodge an order regarding the stipulation to dismiss the adversary proceeding.
Debtor(s):
Robert J. Phillips Represented By Matthew D. Resnik
Defendant(s):
Robert J. Phillips Represented By Matthew D. Resnik
Plaintiff(s):
Jerry Namba Represented By
Reed H Olmstead
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
10:00 AM
FR. 9-28-17, 11-30-17, 1-25-18, 3-22-18, FR. 5-24-18, 6-21-18, 9-27-18,
1-17-19, 3-21-19, 5-23-19, 6-20-19, 9-19-19, 11-21-19, 2-27-20, 5-21-20
Docket 1
Ruling for February 27, 2020
Continued to May 21, 2020 at 10:00 a.m.
Ruling for 11/21/19: Continued to 2/27/20.
Ruling for 9/19/19:
Continued to 11/21/19.
Ruling for 6/20/19: Cont. to 9/19/19.
Ruling for May 23, 2019: Cont. to 8/15/19 at 10:00 a.m.
Ruling forMarch 21, 2019
Continued to May 23, 2019
Debtor(s):
Richard W. York Represented By Reed H Olmstead Mark Bernsley
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
Kamal Baquar Represented By
Richard Warren Shuben
Joint Debtor(s):
Shannon Baquar Represented By
Richard Warren Shuben
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Lisa Jan Cerrotta Represented By Allan S Williams
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 2
- NONE LISTED -
Debtor(s):
Sandra Soto Represented By
Randall V Sutter
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Kamal Baquar Represented By
Richard Warren Shuben
Joint Debtor(s):
Shannon Baquar Represented By
Richard Warren Shuben
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Jason Isaac Ignacio Represented By Nicholas M Wajda
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Don Fitch Represented By
Eric Ridley
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Roberto Magno Cerna Represented By
Timothy L McCandless
Joint Debtor(s):
Nenita Vidal Cerna Represented By
Timothy L McCandless
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Humberto M Martinez Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Robert Barberie Represented By Patricia Rodriguez Eric Rasmussen
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Herbert David Friedman Represented By David Joel Follin
Joint Debtor(s):
Margaret Dawn Friedman Represented By David Joel Follin
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Marcelline Affoue Kouamekan Represented By Ali R Nader
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Victoria Lee Bohn Represented By Ali R Nader
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Lynda Louise Hinz Represented By Nicholas M Wajda
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Ann M Markonis Represented By Michael B Clayton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Alexandra Dostrow Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Daniel James Greding Represented By Julie J Villalobos
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Marcia Thompson Represented By Julie J Villalobos
Joint Debtor(s):
Donald Thompson Represented By Julie J Villalobos
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Gregory Scott Franklin Represented By Edwin J Rambuski
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Mario Flores-Cevada Represented By
Leroy Bishop Austin
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Robert Davis Hoshaw Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [17] Motion for Setting Property Value Notice of Motion and Motion for Order Determining Value of Collateral [11 U.S.C. § 506(a), FRBP 3012]: 2012 Honda Accord EX Sedan 4D, with Proof of Service
Docket 17
- NONE LISTED -
Debtor(s):
Robert Davis Hoshaw Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Movant(s):
Robert Davis Hoshaw Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 9-28-17, 11-30-17, 1-25-18, 3-22-18, FR. 5-24-18, 6-21-18, 9-27-18,
1-17-19, 3-21-19, 5-23-19, 6-20-19, 9-19-19, 11-21-19, 2-27-20, 5-21-20
Docket 1
Ruling for February 27, 2020
Continued to May 21, 2020 at 10:00 a.m.
Ruling for 11/21/19: Continued to 2/27/20.
Ruling for 9/19/19:
Continued to 11/21/19.
Ruling for 6/20/19: Cont. to 9/19/19.
Ruling for May 23, 2019: Cont. to 8/15/19 at 10:00 a.m.
Ruling forMarch 21, 2019
Continued to May 23, 2019
Debtor(s):
Richard W. York Represented By Reed H Olmstead Mark Bernsley
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 45
Ruling on January 16, 2020
Continued to February 27, 2020 at 10:00 a.m.
Debtor(s):
Garland Chester Represented By Vaughn C Taus
Joint Debtor(s):
Juliet Chester Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 9-19-19, 11-21-19, 1-16-20, 3-26-20, 4-16-20, 6-18-20, 7-16-20
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for 11/21/19: Continued to 1/16/20.
Debtor(s):
Warren Johnson Represented By Nathan Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 9-19-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20, 7-16-20
Docket 1
- NONE LISTED -
Debtor(s):
Robert B. Haight Represented By Nicholas S Nassif
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 10-17-19, 11-21-19, 12-19-19, 1-16-20, 3-26-20, 4-16-20, 6-18-20
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m. Dtr to file supplemental evidence re: the potential sales of real property by the former mother-in-law by March 12, 2020.
Ruling for December 19, 2019: Continued to 1/16/20.
Ruling for 11/21/19:
Ruling for October 17, 2019: Continued to 11/21/19 at 10:00 a.m.
Debtor(s):
Adriana Elizabeth Velazquez Represented By Reed H Olmstead
10:30 AM
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Ruling for March 26, 2020
Continued to June 18, 2020 at 10:00 a.m.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Jonathan Bravo Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Ruling for March 26, 2020
Continued to April 16, 2020 at 10:00 a.m. If the Debtor is not current on plan payments and mortgage payments, the Court will dismiss this case.
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Gabriel C. Estrada Represented By Nathan Berneman Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Ruling on January 16, 2020
Continued to February 27, 2020 at 10:00 a.m.
Debtor(s):
William E Solomon Represented By Kenneth H J Henjum
Joint Debtor(s):
Mindy Hibler-Solomon Represented By Kenneth H J Henjum
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 27
- NONE LISTED -
Debtor(s):
Steven W. Korth Represented By Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Terry Lane Represented By
Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Nyla Lee Oyler Represented By Ali R Nader
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Annelie K Messina Represented By Julie J Villalobos
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Norma Guzman Parra Represented By
R Grace Rodriguez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Samuel Lawrence Dodd Represented By Vaughn C Taus
Joint Debtor(s):
Jamie Marie Dodd Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Kevine Wayne Bozarth Represented By Michael B Clayton
Joint Debtor(s):
Jeri Dawn Bozarth Represented By Michael B Clayton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 24
- NONE LISTED -
Debtor(s):
Heather M. Barreras Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Mark Alan Hazlewood Represented By Joshua L Sternberg
Joint Debtor(s):
Jeannine Hazlewood Represented By Joshua L Sternberg
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Steven Phillip Rosen Represented By Vicki I Temkin
Joint Debtor(s):
Renee Terrie Rosen Represented By Vicki I Temkin
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Gina J Rea Represented By
Michael B Clayton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Carolyn Sue Curtis Represented By Julie J Villalobos
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Richard David Donald Represented By Reed H Olmstead
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Edward J. Zemaitis Represented By Michael B Clayton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Raymundo Badillo Flores Represented By Michael B Clayton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [62] Trustee's Motion to Dismiss Case Trustee Motion for Order Dismissing Case due to Failure to submit Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (SV))
Docket 62
- NONE LISTED -
Debtor(s):
Marialuisa Izabel Chavarria Represented By Todd J Mannis
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [65] Trustee's Motion to Dismiss Case Trustee Motion to Dismiss Case for Failure to Submit All Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (SV))
Docket 65
- NONE LISTED -
Debtor(s):
Terry R Bailey Represented By Andrew S Mansfield Matthew D. Resnik
Joint Debtor(s):
Sally J Bailey Represented By
Andrew S Mansfield Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [181] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 181
- NONE LISTED -
Debtor(s):
Lance Darren Milatz Represented By
Richard Mark Garber
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [78] Trustee's Motion to Dismiss Case for Failure to Submit All Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 7-16-20
Docket 78
- NONE LISTED -
Debtor(s):
Eric W Robinson Represented By Janet A Lawson
Joint Debtor(s):
Diane M Robinson Represented By Janet A Lawson
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [57] Trustee's Motion to Dismiss Case for Failure to Submit All Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (SV))
Docket 57
- NONE LISTED -
Debtor(s):
Mark Torrey Represented By
Shawn S White
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [100] Trustee's Motion to Dismiss Case Trustee Motion for Failure to Submit All Tax Refunds
FR. 6-18-20
Docket 100
- NONE LISTED -
Debtor(s):
Rocelie Alejo Represented By Kevin T Simon
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [49] Trustee's Motion to Dismiss Case for Failure to Submit All Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 6-18-20
Docket 49
- NONE LISTED -
Debtor(s):
Christy Garcia Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [60] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 1-16-20, 3-26-20, 6-18-20
Docket 60
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Claudia Nunez Represented By Andrew S Mansfield Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [44] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20, 6-18-20
Docket 44
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Jamie Luna Represented By
Matthew D. Resnik
Joint Debtor(s):
Brandy Marie Luna Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [91] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20, 6-18-20, 7-16-20
Docket 91
- NONE LISTED -
Debtor(s):
Scott Rosson Represented By
Michael D Kwasigroch
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [62] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 62
- NONE LISTED -
Debtor(s):
Melissa Lynn Macneill Represented By Joshua L Sternberg
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [38] Trustee's Motion to Dismiss Case Trustee Motion for Order Dismissing Case due to Failure to submit Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (SV))
Docket 38
- NONE LISTED -
Debtor(s):
Ernest Valle Represented By
Karen Ware
Joint Debtor(s):
Christina Valle Represented By Karen Ware
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 4-16-20, 6-18-20
Docket 62
- NONE LISTED -
Debtor(s):
Cristina Marie Pagan Nowling Represented By Kevin T Simon
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 11-21-19, 1-16-20, 3-26-20, 6-18-20
Docket 48
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Kristine Marie Stanley Represented By Kevin T Simon
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 2-27-20, 4-16-20, 6-18-20
Docket 50
- NONE LISTED -
Debtor(s):
Chad W. Myers Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 25
- NONE LISTED -
Debtor(s):
Sherilyn Ann Nelson Represented By Christian J Younger
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [31] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 2-27-20, 4-16-20, 6-18-20
Docket 31
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Debtor(s):
Gilbert Ray De La Mora Represented By James C Ames
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [35] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20, 6-18-20
Docket 35
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Jason Bruce Leaseburg Represented By Matthew D. Resnik
Joint Debtor(s):
Melanie Kate Leaseburg Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 27
- NONE LISTED -
Debtor(s):
Elizabeth Rivera Represented By Steven A Alpert
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 3-26-20, 6-18-20
Docket 31
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Debtor(s):
Timothy Gyle Abels Represented By Larry D Webb
Joint Debtor(s):
Laura Kathleen ABELS Represented By Larry D Webb
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 39
- NONE LISTED -
Debtor(s):
Timothy Gyle Abels Represented By Larry D Webb
Joint Debtor(s):
Laura Kathleen ABELS Represented By Larry D Webb
Movant(s):
Timothy Gyle Abels Represented By Larry D Webb
Laura Kathleen ABELS Represented By Larry D Webb
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [23] Motion to Avoid Lien JUDICIAL LIEN with Ted Silverberg Notice of Motion and Motion to Avoid Lien Under 11 U.S.C. § 522(f) (Real Property): 2699 North Velarde Drive, Thousand Oaks, CA 91360; Declarations of Christopher John Sanchez and Jennifer Landon in Support Thereof, with Proof of Service
Docket 23
- NONE LISTED -
Debtor(s):
Christopher John Sanchez Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Movant(s):
Christopher John Sanchez Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 120
- NONE LISTED -
Debtor(s):
Adam Jay Greenberg Represented By Kevin T Simon
Movant(s):
Adam Jay Greenberg Represented By Kevin T Simon Kevin T Simon Kevin T Simon
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [57] Motion and Notice of Motion TO REINSTATE ORDER AND AUTOMATIC STAY UNDER THE ADEQUATE PREOTCTION AGREEMENT WITH THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR REGISTERED HOLDERS OF CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2005-7 DATED AUGUST 16, 2019, with
Proof of Service
FR. 6-18-20, 7-16-20
Docket 57
- NONE LISTED -
Debtor(s):
Valerie Michelle Romo Represented By Nathan Berneman
Movant(s):
Valerie Michelle Romo Represented By Nathan Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [111] Motion to Withdraw as Attorney; Filed by Richard Mark Garber
Docket 111
- NONE LISTED -
Debtor(s):
Albert Maxwell Goldberg Represented By
Richard Mark Garber
Movant(s):
Albert Maxwell Goldberg Represented By
Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
ORDER TO SHOW CAUSE RE: ENTRY OF SECOND DISCHARGE IN THIS CASE
FR. 6-18-20, 7-16-20
Docket 76
- NONE LISTED -
Debtor(s):
Maria Teresa Chavez Represented By Charles W Oaks
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
RE: [38] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 295 Monte Via, Oak View, California 93022
FR. 7-21-20
Docket 38
Please update the court on status.
Debtor(s):
John Gardener Mahon Represented By Matthew D. Resnik
Movant(s):
U.S. Bank Trust National Represented By Angie M Marth
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [49] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 612 Manzanita Dr., Fillmore, CA 93015
FR. 6-23-20
Docket 49
If the parties are looking for a continuance of about 60 days, the court has the following options available:
August 25 at 11:30
September 1 at 11:30
September 8 at 11:30
Debtor(s):
Jamie Luna Represented By
Matthew D. Resnik
Joint Debtor(s):
Brandy Marie Luna Represented By Matthew D. Resnik
Movant(s):
U.S. Bank Trust National Represented By
Erin M McCartney
11:30 AM
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [44] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 745 Shorthorn Ct, Paso Robles, CA 93446 .
Docket 44
No tentative ruling. This is a FINAL RULING. This motion was set for
hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
Debtor(s):
Roland F. Remigio Represented By Carissa N Horowitz
11:30 AM
Joint Debtor(s):
Ruby Remigio Represented By Carissa N Horowitz
Movant(s):
Wilmington Savings Fund Society, Represented By
Angie M Marth
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 63
The Movant has not provided caselaw showing that failure to make postpetition HOA assessment payments constitutes "cause" under § 362(d) (1). The court understands from the motion that the Debtors have only missed two payments of $112 each.
Debtor(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Joint Debtor(s):
Holli Kolkowski Represented By Bryan Diaz
Movant(s):
Simi Village Homeowners Represented By
Misty A Perry Isaacson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [8] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate All Property including 5573 Rushmore Street, Ventura California
FR. 7-28-20
Docket 8
Service has been corrected.
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant. Movant to lodge order within seven days.
Debtor(s):
Brendan J Searls Represented By Carissa N Horowitz William C Beall
Movant(s):
Brendan J Searls Represented By
11:30 AM
Trustee(s):
Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Filed by United States Trustee. (united states trustee (fsy))
Docket 98
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Laurie S. Todt Pro Se
Trustee(s):
Jeremy W. Faith (TR) Represented By
M Douglas Flahaut Aram Ordubegian
11:30 AM
Docket 76
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant. Movant to lodge order within seven days.
Debtor(s):
AIS Construction Company Represented By William E. Winfield
Movant(s):
AIS Construction Company Represented By William E. Winfield
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 180
The proposed modification runs afoul of section 1129(a)(9)(A).
Can the parties resolve this consensually?
Debtor(s):
Maurice Leo Wedell Represented By Leslie A Cohen
Joint Debtor(s):
Susan Elizabeth Wedell Represented By Leslie A Cohen
Movant(s):
Maurice Leo Wedell Represented By Leslie A Cohen Leslie A Cohen
Susan Elizabeth Wedell Represented By Leslie A Cohen
11:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Maurice Leo Wedell Represented By Leslie A Cohen
Joint Debtor(s):
Susan Elizabeth Wedell Represented By Leslie A Cohen
11:30 AM
RE: [210] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)
FR. 7-21-20
Docket 210
- NONE LISTED -
Debtor(s):
Selfridge Partners, LLC Represented By William E. Winfield
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
RE: [156] Application for Compensation - First and Final Application by Resnik Hayes Moradi LLP, Former General Bankruptcy Counsel for the Debtor, for Allowance of Fees and Reimbursement of Costs for the Period September 7, 2017 Through April 30, 2019; Declaration of Matthew D. Resnik in Support Thereof, with Proof of Service for Matthew D. Resnik, Debtor's Attorney, Period: 9/7/2017 to 4/30/2019, Fee: $96,786.50, Expenses: $1,913.34.
FR. 12-5-19, 1-7-20, 3-3-20, 5-5-20, 5-18-20, 7-23-20
Docket 156
- NONE LISTED -
Debtor(s):
Selfridge Partners, LLC Represented By William E. Winfield
Movant(s):
Selfridge Partners, LLC Represented By William E. Winfield
11:30 AM
RE: [147] Debtor's Proposed Chapter 11 Plan of Reorganization FR. 1-21-20, 3-3-20, 5-5-20, 5-18-20, 7-23-20
Docket 147
Please update the court on the status of this case. Are there any ballots accepting the plan?
Debtor(s):
Selfridge Partners, LLC Represented By William E. Winfield
11:30 AM
Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et
RE: [1] and [156] Amended Complaint First by Christian A Orozco on behalf of Corporate Recovery Associates, LLC against all defendants. (RE: related document(s)1 Adversary case 9:18-ap-01058. Complaint by Corporate Recovery Associates, LLC against Blue Wolf Capital Partners, LLC, Blue Wolf Capial Fund II, L.P., Gladstone Investment Corporation, Blue Wolf Capital Advisors L.P., BW Piezo Holdings, LLC, Fidus Investment Corporation, Fidus Mezzanine Capital II, L.P., Avante Mezzanine Partners SBIC, LP, Avante Mezzanine Partners II, Inc., Pengdi Han, Dhan, LLC, Grant Thornton, LLP, CTG Advanced Materials, LLC, CTS Corporation, Electro Optical Industries, Duff & Phelps, and CIT Bank, N.A. (Charge To Estate). Original Complaint Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) filed by Plaintiff Corporate Recovery Associates, LLC). (Orozco, Christian)
FR. 2-11-19, 3-18-19, 5-14-19, 6-12-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19
ADVANCED FROM 1-8-20, 1-7-20, 2-4-20, 4-28-20
Docket 156
- NONE LISTED -
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
Blue Wolf Capital Partners, LLC Represented By
Christopher O Rivas Howard Steinberg
Blue Wolf Capial Fund II, L.P. Represented By
11:30 AM
Christopher O Rivas Howard Steinberg
Gladstone Investment Corporation Represented By
Cheryl S Chang Craig N Haring
Blue Wolf Capital Advisors L.P. Represented By
Christopher O Rivas Howard Steinberg
BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg
CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin
CTS Corporation Represented By Jonathan Boustani Paul J Laurin
Electro Optical Industries Represented By Peter J Benvenutti Tobias S Keller David A Taylor
Duff & Phelps Represented By Christopher O Rivas
CIT BANK, N.A. Pro Se
Plaintiff(s):
Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia
11:30 AM
Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [132] Notice of Motion and Motion for Award of Attorney Fees and Costs as Prevailing Party on Expungement with Proof of Service.
FR. 4-22-20, 6-23-20
Docket 132
More briefing is needed on whether the doctrine of quasi-judicial immunity
bars an award of attorney's fees and costs.
The Committee seems to intend to argue for quasi-judicial immunity when it raises the Barton doctrine in opposition to the Motion. The Barton doctrine is a jurisdictional matter and requires that "a party must first obtain leave of the bankruptcy court before it initiates an action in another forum against a bankruptcy trustee or other officer appointed by the bankruptcy court for acts done in the officer’s official capacity." Beck v. Fort James Corp. (In re Crown Vantage, Inc.), 421 F.3d 963, 970 (9th Cir. 2005). If required leave is not sought from the bankruptcy court, the other forum lacks jurisdiction to hear the action. Id. at 971. Part of the rationale behind the Barton doctrine in bankruptcy is that the bankruptcy court has in rem subject matter jurisdiction over estate property, and an unauthorized suit would usurp the powers of the bankruptcy court. See Id. at 970-71 (citing Barton v. Barbour, 104 U.S. 126, 127 (1881)). Here, there is no other forum, so the Barton doctrine has no application to the Motion. As the Defendants note, the Committee makes no argument that leave of the court was required before the Motion was filed.
Such a claim would make no sense because this is the appointing court.
Closely linked to the Barton doctrine is the concept of quasi-judicial immunity, which, rather than Barton, seems to be what the Committee means to invoke. Whether a not a party would have quasi-judicial immunity is one of the factors a court considers in deciding whether to apply the Barton doctrine. "A non- judicial officer is entitled to quasi-judicial immunity if: (1) the individual has,
11:30 AM
under common law, been afforded immunity and the public interest behind it supports such immunity; and (2) the individual’s function is within the scope of that immunity." Mortgages Ltd., 2013 WL 1336830, at *5 (citing Antoine v.
Byers & Anderson, 508 U.S. 429 (1993) and Curry v. Castillo (In re Castillo), 297 F.3d 940, 946-47 (9th Cir. 2002)). The first issue is uncontroversial – as the Committee notes, creditors’ committee have been found to be covered by quasi-judicial immunity. See, e.g., Blixseth v. Brown (In re Yellowstone Mountain Club, LLC), 840 F.3d 1090. 1095 (9th Cir. 2016) (applying the Barton doctrine to a committee chair, which would have to be based on the factor for application of the Barton doctrine that asks whether the officer is entitled to quasi-judicial or derived judicial immunity). The Defendants do not appear to dispute that, if quasi-judicial immunity would apply to this factual context, it would not extend to the Committee specifically.
The Committee’s Opposition falls short, however, of establishing that quasi- judicial immunity bars an award of prevailing party fees and costs, whether specifically under CCP § 405.38 or otherwise. The Opposition merely argues for the existence of quasi-judicial immunity in the bankruptcy context and its extension to the Committee. The Opposition does not address the elements a court must consider in determining whether quasi-judicial immunity applies, including whether: "(1) their acts were within the scope of their authority; (2) the debtor had notice of their proposed acts; (3) they candidly disclosed their proposed acts to the bankruptcy court; and (4) the bankruptcy court approved their acts." Harris v. Wittman (In re Harris), 590 F.3d 730, 742 (9th Cir. 2009) (citing Bennett v. Williams, 892 F.2d 822, 823, 825 (9th Cir. 1989)).
The Defendants cite In re Ybarra, 424 F.3d 1018 (9th Cir. 2005), and In re Taggart, 888 F.3d 438 (9th Cir. 2018), in response to the quasi-judicial immunity argument, but neither case is analogous to this case. The issue before the Ybarra court was whether the litigation had been "continuous litigation" as opposed to litigation commenced postpetition. Ybarra, 424 F.3d at 1026-27. The Defendants provide no explanation of how this discharge question applies to a quasi-judicial immunity analysis. And Taggart also addresses a discharge issue, not quasi-judicial immunity. Moreover, Taggart has been reversed and remanded by the Supreme Court (as the Defendants note in their brief).
The Defendants cite no authority for their claim that quasi-judicial immunity
11:30 AM
should not bar an award because the "same reasoning would apply to a sanction award under Rule 11" and therefore "plaintiff trustee, debtors and committees in bankruptcy cases could assert frivolous positions under the protection of quasi-judicial immunity." It does not necessarily follow from extension of immunity here that such immunity would extend to conduct as extreme as that which would lead to Rule 11 sanctions. First, the Defendants make no claim that a lis pendens ultimately expunged under the rigorous standard for lis pendens under California law is conduct of the same quality as a Rule 11 violation or other sanctionable conduct. Second, there are limitations on the scope of quasi-judicial immunity. The BAP has held that a bankruptcy appointee "is allowed to make reasonable mistakes where discretion is allowed," but "may be sued for intentional or negligent actions which amount to violations of the duties imposed upon the [appointee] by law." Kashani v. Fulton (In re Kashani), 190 B.R. 875, 883 (B.A.P. 9th Cir.
1995).
At this point, the parties have not presented any clearly relevant and binding or persuasive authority on the question of whether quasi-judicial immunity protects a bankruptcy appointee from an adverse party’s claim of prevailing party attorney’s fees for postpetition litigation. Without authority from either the Defendants or the Committee, the court isn't in a position to rule on this motion.
Please have a schedule in mind for supplemental briefing.
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By
11:30 AM
Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Movant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Chad V Haes
D Edward Hays Tinho Mang
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Adv#: 9:19-01069 Itkin v. ELO et al
RE: [1] Adversary case 9:19-ap-01069. Complaint by Robbin L Itkin against ELO, 3E EIGHT LLC, 3E ONE LLC, MIAMI SUPERCAR ROOMS, ELO
TRUSTEES LTD.. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)
FR. 3-24-20, 6-30-20
Join by Computer
Meeting URL: https://cacb.zoomgov.com/j/1601793090
Meeting ID: 160 179 3090
Password: 507177
Join by Telephone
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Dial: US: +1 669 254 5252 or +1 646 828 7666
Meeting ID: 160 179 3090
Password: 507177
Docket 1
- NONE LISTED -
11:30 AM
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
ELO Pro Se
3E EIGHT LLC Pro Se
3E ONE LLC Pro Se
MIAMI SUPERCAR ROOMS Pro Se
ELO TRUSTEES LTD. Pro Se
Plaintiff(s):
Robbin L Itkin Represented By David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01070 Itkin v. Shigenaga et al
RE: [1] Adversary case 9:19-ap-01070. Complaint by Robbin L Itkin against Monica Shigenaga, COCOJOR HAWAII, LLC, JADOO, LLC. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
FR. 3-24-20, 6-13-20, 7-13-20
Join by Computer
Meeting URL: https://cacb.zoomgov.com/j/1602302770
Meeting ID: 160 230 2770
Password: 791334
Join by Telephone
For higher quality, dial a number based on your current location.
Dial: US: +1 669 254 5252 or +1 646 828 7666
Meeting ID: 160 230 2770
Password: 791334
AND
Status Hearing
RE: [13] Counterclaim by Shigenega Shigenaga, et al against Robbin L Itkin
11:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Monica Shigenaga Pro Se
COCOJOR HAWAII, LLC Pro Se
JADOO, LLC Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01072 Itkin v. Choudhury
RE: [1] Adversary case 9:19-ap-01072. Complaint by Robbin L Itkin against Lajwanti Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit
8-9 # 9 Exhibit 10) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
FR. 3-24-20, 6-30-20
Join by Computer
Meeting URL: https://cacb.zoomgov.com/j/1601793090
Meeting ID: 160 179 3090
Password: 507177
Join by Telephone
For higher quality, dial a number based on your current location.
Dial: US: +1 669 254 5252 or +1 646 828 7666
Meeting ID: 160 179 3090
Password: 507177
Docket 1
11:30 AM
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Lajwanti Choudhury Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01073 Itkin v. Choudhury
RE: [1] Adversary case 9:19-ap-01073. Complaint by Robbin L Itkin against Anurag Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit
8-10) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
FR. 3-24-20, 6-30-20
Join by Computer
Meeting URL: https://cacb.zoomgov.com/j/1601793090
Meeting ID: 160 179 3090
Password: 507177
Join by Telephone
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Dial: US: +1 669 254 5252 or +1 646 828 7666
Meeting ID: 160 179 3090
Password: 507177
Docket 1
11:30 AM
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Anurag Choudhury Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01074 Itkin v. Choudhury et al
RE: [1] Adversary case 9:19-ap-01074. Complaint by Robbin L Itkin against Rajashree Choudhury, The Rajashree Choudhury Family Trust Dated March 1, 2016. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3
# 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
FR. 3-24-20, 6-30-20
Join by Computer
Meeting URL: https://cacb.zoomgov.com/j/1601793090
Meeting ID: 160 179 3090
Password: 507177
Join by Telephone
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Dial: US: +1 669 254 5252 or +1 646 828 7666
Meeting ID: 160 179 3090
Password: 507177
Docket 1
11:30 AM
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Rajashree Choudhury Pro Se
The Rajashree Choudhury Family Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01075 Itkin v. Choudhury
RE: [1] Adversary case 9:19-ap-01075. Complaint by Robbin L Itkin against Bikram Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8
# 9 Exhibit 9 # 10 Exhibit 10 # 11 Exhibit 11 # 12 Exhibit 12 # 13 Exhibit 13 # 14
Exhibit 14 # 15 Exhibit 15) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
FR. 3-24-20, 6-30-20
Join by Computer
Meeting URL: https://cacb.zoomgov.com/j/1601793090
Meeting ID: 160 179 3090
Password: 507177
Join by Telephone
For higher quality, dial a number based on your current location.
Dial: US: +1 669 254 5252 or +1 646 828 7666
Meeting ID: 160 179 3090
Password: 507177
Docket 1
11:30 AM
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Bikram Choudhury Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:18-01045 Burcar et al v. Hamm, II
Docket 185
Matters on the general calendar are heard for 15 minutes. Each side has 7.5 minutes. The court will hear from the movant first, then the opposing party, and will give the movant an additional 2 minutes to respond to anything if he believes that is necessary.
Debtor(s):
Charles Ardeil Hamm II Pro Se
Defendant(s):
Charles Ardeil Hamm II Pro Se
Movant(s):
Charles Ardeil Hamm II Pro Se
Charles Ardeil Hamm II Pro Se
Charles Ardeil Hamm II Pro Se
Plaintiff(s):
Shanna Burcar Represented By Jeffrey Belton
John C. Barlow Represented By Jeffrey Belton
Nancy Barlow Represented By Jeffrey Belton
11:30 AM
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Adv#: 9:20-01010 Namba v. Vazquez
RE: [1] Adversary case 9:20-ap-01010. Complaint by Jerry Namba against Miguel Vazquez. (Charge To Estate). COMPLAINT TO DETERMINE BANKRUPTCY ESTATES INTEREST IN REAL PROPERTY; FOR SALE OF REAL PROPERTY FREE AND CLEAR OF INTERESTS OF CO-OWNER Nature
of Suit: (91 (Declaratory judgment)),(31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Olmstead, Reed)
FR. 3-24-20, 4-28-20
Docket 1
- NONE LISTED -
Debtor(s):
Aurea Chavez Navarrete Represented By Charles W Oaks
Defendant(s):
Miguel Vazquez Represented By Charles W Oaks
Plaintiff(s):
Jerry Namba Represented By
Reed H Olmstead
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
11:30 AM
Adv#: 9:19-01052 Colebrook et al v. Bowen Gardner et al
RE: [28] Motion (for Joinder of Additional Parties) (Rust, Kam)
Docket 28
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCES FOR 8/25/20. This matter will be taken off calendar.
The court will prepare and enter an appropriate order.
Debtor(s):
Andrea Bowen-Gardner Pro Se
Defendant(s):
Andrea Bowen Gardner Pro Se
Philip Gardner Pro Se
Joint Debtor(s):
Philip Gardner Pro Se
11:30 AM
Movant(s):
Teena Colebrook Pro Se
Plaintiff(s):
Colleen Craig Pro Se
Kevin Rock Pro Se
Richard Viar Pro Se
Teena Colebrook Pro Se
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:20-01015 Atkinson v. Luster et al
RE: [1] Adversary case 9:20-ap-01015. Complaint by Dora Atkinson against Joshua Michael Luster, Katherine Michelle Luster, Luster Construction, Hudson Insurance Company, Gary Luster, and DOES 1-10. willful and malicious injury)),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Kwasigroch, Michael)
FR. 4-13-20, 5-18-20
AND
Status Hearing
RE: [6] Counterclaim by Joshua Michael Luster, Katherine Michelle Luster against Michael Kwasigroch, Dora Atkinson (Faucher, John)
Docket 6
- NONE LISTED -
Debtor(s):
Joshua Michael Luster Represented By John D Faucher
Defendant(s):
Joshua Michael Luster Represented By John D Faucher
Katherine Michelle Luster Represented By John D Faucher
Luster Construction Services Corp. Pro Se DOES 1-10 Pro Se
11:30 AM
Joint Debtor(s):
Katherine Michelle Luster Represented By John D Faucher
Plaintiff(s):
Dora Atkinson Represented By
Michael D Kwasigroch
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:20-01026 Faith v. Reed
RE: [1] Adversary case 9:20-ap-01026. Complaint by Jeremy Faith against Kimberly Reed. (Charge To Estate). Complaint: (1) To Avoid Preferential Transfers Pursuant to 11 U.S.C. § 547; (2) To Avoid Fraudulent Transfer Pursuant to 11 U.S.C. § 548(a)(1)(A); (3) To Avoid Fraudulent Transfer Pursuant to 11 U.S.C. § 548(a)(1)(B); (4) For Recovery of Avoided Transfers Under 11
U.S.C. § 550; (5) To Preserve Transfer for the Benefit of the Estate Pursuant to 11 U.S.C. § 551, (6) For Authorization to Sell Real Property in Which Co- Owner Holds Interest Pursuant to 11 U.S.C. § 363(h); and (7) For Turnover of Property of the Estate (with Proof of Service) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(31 (Approval of sale of property of estate and of a co- owner - 363(h))),(11 (Recovery of money/property - 542 turnover of property)) (Goodrich, David)
FR. 5-5-20, 7-21-20
Docket 1
- NONE LISTED -
Debtor(s):
Kevin B. Gilgallon Represented By Karen Ware
Defendant(s):
Kimberly Reed Pro Se
Plaintiff(s):
Jeremy Faith Represented By
David M Goodrich
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Represented By David M Goodrich
11:30 AM
Adv#: 9:20-01037 Griffith & Thornburgh, LLP et al v. Scheiblauer
Docket 1
- NONE LISTED -
Debtor(s):
Kiki Leigh Scheiblauer Pro Se
Defendant(s):
Kiki Leigh Scheiblauer Pro Se
Plaintiff(s):
Griffith & Thornburgh, LLP Represented By Felicita A Torres
Paul Capritto Represented By
Felicita A Torres
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Adv#: 9:20-01034 Credit 9 Inc v. Mackinga
Docket 1
At the initial status conference, the plaintiff failed to appear, and the plaintiff has still failed to file proof of service of the summons and the complaint on the defendant.
In response to the plaintiff's failure to prosecute this adversary proceeding, the court issued an order to show cause ("OSC") that required the plaintiff to appear at the OSC hearing and show cause why this case should not be dismissed. The OSC also required the plaintiff to file a response to the OSC at least 14 days before the hearing, or by 8/11/20. The OSC stated that failure to comply with the order may lead to dismissal of the case.
As of 8/24/20 at 3:08 p.m., the plaintiff has failed to file a response to the OSC. The court will enter an order dismissing this case for failure to prosecute.
Debtor(s):
Derrick Mackinga Represented By Meghann A Triplett
Defendant(s):
Derrick Mackinga Pro Se
Plaintiff(s):
Credit 9 Inc Represented By
George C Hutchinson
11:30 AM
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Adv#: 9:20-01036 MARTINEZ v. Hunt
Docket 1
- NONE LISTED -
Debtor(s):
Clayton Dow Hunt Represented By Reed H Olmstead
Defendant(s):
Clayton Dow Hunt Represented By Reed H Olmstead
Joint Debtor(s):
Autumn Sweetsage Hunt Represented By Reed H Olmstead
Plaintiff(s):
JEREMY MARTINEZ Represented By Michael P Ring
Trustee(s):
Sandra McBeth (TR) Pro Se
11:00 AM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Docket 0
- NONE LISTED -
11:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
Hilary Taylor Johnson Represented By Onyinye N Anyama
Movant(s):
Hilary Taylor Johnson Represented By Onyinye N Anyama
11:00 AM
Docket 18
- NONE LISTED -
Debtor(s):
Mokhim Rasooli Pro Se
11:00 AM
Docket 5
NONE LISTED -
Debtor(s):
Mokhim Rasooli Pro Se
11:00 AM
(2) Approving Of The Debtor's Assumption And Assignment Of Unexpired Leases And Executory Contracts And Determining Cure Amounts And Approving Of The Debtor's Rejection Of Those Unexpired Leases And Executory Contracts Which Are Not Assumed And Assigned; (3) Waiving The 14-Day Stay Periods Set Forth In Bankruptcy Rules 6004(h) And 6006(d); And
(4) Granting Related Relief;
Docket 156
NONE LISTED -
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
11:00 AM
Docket 0
NONE LISTED -
Debtor(s):
Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik
Krikor J Meshefejian Lindsey L Smith
11:00 AM
$21,163.75, Expenses: $73.75.
Docket 75
The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Malibu California Model Drug Represented By
Michael H Raichelson
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
Docket 80
The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Malibu California Model Drug Represented By
Michael H Raichelson
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
$22127.50, Expenses: $759.80.
Docket 84
The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Malibu California Model Drug Represented By
Michael H Raichelson
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
Docket 65
Please address the trustee's limited objection.
Debtor(s):
Malibu California Model Drug Represented By
Michael H Raichelson
Trustee(s):
Mark M Sharf (TR) Pro Se
11:00 AM
fr. 1-7-20, 1-8-20,3-10-20, 4-29-20
Fr. 7-1-20
Docket 42
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:00 AM
fr. 1-8-20,3-10-20, 4-29-20
Fr. 7-1-20
Docket 52
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:00 AM
Los Angeles, CA 90077
fr. 11-20-19, 1-7-20, 1-8-20
fr. 3-10-20, 4-29-20
Fr. 7-1-20
Docket 29
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Nathan F Smith
11:00 AM
fr.9-10-19, 11-6-19, 11-20-19
fr. 1-7-20, 1-8-20,3-10-20
fr. 4-29-20
Fr. 7-1-20
Docket 1
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
Docket 51
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Minette Francine Parmentier-Castell Represented By
Matthew D. Resnik
Movant(s):
BMW Bank of North America Represented By Marjorie M Johnson
11:30 AM
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 35
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Grant H Macgregor Represented By Karen L Grant
Joint Debtor(s):
Cecily B Macgregor Represented By Karen L Grant
11:30 AM
Movant(s):
Nissan-Infiniti Lease Trust, as Represented By Austin P Nagel Kirsten Martinez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [20] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 20458 Pacific Coast Highway, Malibu, CA 90265 with Exhibits "A" through "B" and Proof of Service of Document.
FR. 8-16-19, 9-18-19, 10-16-19, 12-4-19, 1-29-20, 2-26-20, 3-25-20, 6-1-20,
8-4-20, 8-18-20
Docket 20
September 1, 2020
The court needs an order on the parties' stipulation.
August 18, 2020
This matter has been continued many times. The court has a final ruling to grant the real property motion for relief.
May 28, 2020
The motion is unopposed and shows cause under section 362(d)(1) for the requested relief. Grant unless the debtor has evidence that he is current or the parties have agreed to an APO.
Ruling for March 25, 2020
Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.
11:30 AM
Ruling for February 26, 2020
Continued to March 25, 2020 at 10:30. Movant to file and serve notice.
Debtor(s):
Robert B. Haight Represented By Nicholas S Nassif
Movant(s):
DJ Development,LLC Represented By Abel Ortiz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 108
On 7/6/20, Kevin Simon ("Counsel"), counsel for debtor Rocelie Alejo (the "Debtor") filed an application for supplemental fees and expenses in this chapter 13 case (the "Application," Docket No. 105). The Application seeks hourly billed fees for Counsel and other professionals of $925.00 and expenses of $10.23 incurred in connection with a motion by the chapter 13 trustee to dismiss this case.
The Application drew the court’s attention in part because of a pattern of apparently misused debtor signatures on supplemental fee applications filed by Counsel in other cases. In at least two other cases, Counsel has submitted multiple applications with the exact same signatures of his clients, but with those signatures redated. In the chapter 13 case of Abdul Farid Azimi (9:19-bk-11837-DS), supplemental fee applications were filed with identical signatures of Mr. Azimi (Azimi Docket Nos. 35 and 39). The court had no reason to suspect the first signature of Mr. Azimi had been redated but noticed the redated signature when Counsel lodged an order on the later application. On May 12, 2020, the court rejected the order lodged on the later application, noting that it appeared the same signature had been redated and reused, and required a new declaration of Mr. Azimi in support of the later application.
The day after the Azimi order was rejected by the court, Counsel lodged an order on another supplemental fee application in the chapter 13 case of Cristina Marie Pagan Nowling (9:19-bk-10060-DS). As in the Azimi case, Counsel had filed two supplemental fee applications, and when he lodged an order on the later one, and the court having already noticed the redated signature used in the Azimi case, the court noticed that the signature of Ms. Nowling also appeared to have been redated. The court also noticed that the date lines on all four recent fee applications in the Azimi and Nowling
11:30 AM
cases were completed in the same handwriting. On May 13, 2020, the court rejected the order on the later application in the Nowling case, again requiring a new declaration of the Debtor in support of the application. The court also advised that if Counsel continued use of improper debtor signatures, it would issue an order to show cause why Counsel should not be sanctioned.
In still another case, filed by debtor Josef Obermeier (9:20-bk-10204- DS), Counsel filed an application for supplemental fees with a declaration obviously dated by someone other than the debtor, in handwriting that matches that used for the dates on the four declarations in the Azimi and Nowling cases (Obermeier Docket No. 36). However, Counsel did not lodge an order on the Obermeier application until after his orders in the Azimi and Nowling cases had been rejected. Apparently in light of those rejections, on 5/18/20, counsel filed a different declaration of the debtor (Obermeier Docket No. 39) and then lodged an order on the application. The application was approved based on the second declaration. The Obermeir case is not mentioned in the OSC.
In this case, the Application bears the Debtor’s signature, with a typed date above it of 7/6/20. A close look at the Application shows that the signature is reproduced, and the date appears to have been added electronically later. In addition to that issue, the Application is signed by Counsel below the Debtor's signature with a date of 6/26/20, so counsel signed a certification regarding the foregoing information when the Debtor’s declaration section was blank, and added the Debtor’s signature and date after the Application was signed by counsel.
For these reasons, the court issued the an "Order to Show Cause Why Counsel Should Not Be Sanctioned" (the "OSC," Docket No. 108), requiring Counsel to appear and explain why Counsel should not be sanctioned in an amount up to $1,000 for filing the Application with an incorrect or later-applied date for the Debtor’s signature.
Counsel's written response states that it is the practice of Counsel’s office for preparation of supplemental fee applications is that they are prepared by an employee and sent to counsel for review. The Application here was prepared on or about 6/26/20 and sent to Counsel for review. The applications are dated with the date they are remotely prepared for office
11:30 AM
efficiency, as the office is functioning remotely due to COVID-19. This reduces printing and scanning.
Once applications are reviewed by Counsel, they are emailed to debtors for signature by Leda Lopez, an employee of Counsel. Ms. Lopez also calls the debtors regarding the applications to explain the fees and ask if they have questions. Pursuant to this practice, Counsel reviewed the Application and Ms. Lopez emailed it to the Debtor on 7/6/20. Ms. Lopez then called Ms. Alejo.
Typically, debtors review the applications, sign them, and return them.
Here, the Debtor reviewed, signed, and returned the Application on 7/6/20. Once the applications are returned by debtors, they are reviewed to make sure the declaration was filled out completely. If the debtors failed to date or to write in the city/state where the document was signed, the information is filled in by Counsel’s office based on the date the document was returned and the debtor’s place of residence. Then the document is finalized and filed with the court.
The Application here was received from the Debtor on 7/6/20 signed but with no date or city/state portion filled in. The Debtor assumed that Counsel’s office would fill out the form with any necessary additional information. Because the Debtor returned the signature by email, Ms. Lopez dated the document with the date it was received and the location of the Debtor’s residence. This was done for efficiency and the Debtor’s convenience.
Counsel's response was supported by declarations from Counsel, the Debtor, and Ms. Lopez testifying to the facts set forth therein.
Given the pattern the court has observed in the Azimi, Nowling, and Obermeier cases and in this case, it is difficult to accept Counsel’s version of events in which the Debtor merely left the date and location of her signature to be completed by Counsel’s office. That would certainly not explain why all of Counsel’s clients appear to make the same mistake, and definitely would not explain what appears to be the reuse and redating of signatures in the Azimi and Nowling cases. However, the court has no evidence to refute the declarations now made by Counsel, Ms. Lopez, and the Debtor regarding
11:30 AM
how events unfolded with respect to the Application in this case.
Accepting as true Counsel’s account of how the Application was prepared, his response to the OSC raises concerns and demonstrates his failure to comply with the FRBP, the LBR, and the Judicial Code in the name of "efficiency" and "convenience." See Fed. R. Bankr. P. 9011; LBR 9011-1; 28 U.S.C. § 1746.
Efficiency and convenience of Counsel’s office operations, even in light of the COVID-19 pandemic, do not justify failure to comply with applicable law and rules. The court, through General Orders issued by the Chief Judge as well as individual procedures issued by this judge and others, recognizes the difficulties faced by parties and counsel at this time and has made every effort to ensure that appearing before the court and filing documents can be accomplished as safely and efficiently as possible while still complying with applicable law and rules. These procedures all inform counsel and parties that they are free to contact the court with any concerns and requests for other accomodations. When there are real impacts of the pandemic on how people live and work and appear before the court, it's disheartening to see the pandemic used as an excuse for failing to comply with law and rules that can be followed without problem (and indeed are followed by nearly all others) even in this extraordinary time.
It is not appropriate for Counsel to complete the declaration portion of a supplemental fee application with information not provided by the debtor, regardless of whether that would be more convenient for the debtor. Since Counsel states that his office emails and also calls debtors with respect to each application, there is no reason why both the email and the phone call cannot include instructions to each debtor to be sure to complete the date and location on which the declaration was executed. Pursuant to 28 U.S.C. § 1746, a declaration is to be subscribed and dated by the declarant. It is troubling that Counsel explains, as if it is correct, that if a declaration of a debtor is not dated or the location line is left blank, that Counsel’s office will simply complete it with the date the form was returned and the location of the debtor’s residence – that information may well be incorrect.
It is also not appropriate for someone other than Counsel in Counsel’s office to apply a date and Counsel’s electronic signature to incomplete
11:30 AM
documents and to documents that have not yet been reviewed by Counsel or the client. Here, Counsel explains that the Application is dated 6/26/20, before the Debtor’s signature above Counsel’s certification that everything above it is true and correct, because it is dated and counsel’s signature applied by an employee before it is reviewed by Counsel or the client. How could Counsel have certified the accuracy on 6/26/20 of a document that was incomplete, and how could Counsel’s signature by e-filing the document (pursuant to LBR 9011-1) later be accurate when he represents to the court that the Application was true and correct as of 6/26/20, when the Debtor’s signature was blank as of that date?
If Counsel isn't able to comply with applicable law and rules during the COVID-19 pandemic, perhaps counsel needs to assign pending matters to another firm until the pandemic is over. Otherwise, Counsel should be prepared to confirm to the court that policies will be changed going forward.
Debtor(s):
Rocelie Alejo Represented By Kevin T Simon
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 105
- NONE LISTED -
Debtor(s):
Rocelie Alejo Represented By Kevin T Simon
Movant(s):
Rocelie Alejo Represented By Kevin T Simon Kevin T Simon
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 135
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Sharp Bookkeepers, Inc. dba Represented By James Studer
Trustee(s):
Sandra McBeth (TR) Represented By Felicita A Torres
11:30 AM
Docket 90
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Harold Terry Ross Represented By Steven R Fox
Trustee(s):
Jeremy W. Faith (TR) Represented By Meghann A Triplett
11:30 AM
Docket 142
No tentative ruling. This is a FINAL RULING. The objection to claim Nos. 13 and 50 was set for hearing on the notice required by FRBP 3007 and Local Bankruptcy Rules (“LBR”) 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). The claimant’s default will be entered and the matter will be resolved without oral argument. LBR 9013-1(j) (3). NO APPEARANCE IS NECESSARY.
GRANT all requested relief. The claims are disallowed in their entirety. Movant to submit order within seven days.
Debtor(s):
Armando Gonzalez Pro Se
Joint Debtor(s):
Wendy Gonzalez Pro Se
11:30 AM
Movant(s):
Sandra McBeth (TR) Represented By Sandra McBeth
Trustee(s):
Sandra McBeth (TR) Represented By Sandra McBeth
11:30 AM
Docket 143
No tentative ruling. This is a FINAL RULING. The objection to claim # 32 was set for hearing on the notice required by FRBP 3007 and Local Bankruptcy Rules (“LBR”) 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). The claimant’s default will be entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all requested relief. The claim is disallowed in its entirety. Movant to submit order within seven days.
Debtor(s):
Armando Gonzalez Pro Se
Joint Debtor(s):
Wendy Gonzalez Pro Se
11:30 AM
Movant(s):
Sandra McBeth (TR) Represented By Sandra McBeth
Trustee(s):
Sandra McBeth (TR) Represented By Sandra McBeth
11:30 AM
Sandra)
Docket 144
No tentative ruling. This is a FINAL RULING. The objection to claim # 46 was set for hearing on the notice required by FRBP 3007 and Local Bankruptcy Rules (“LBR”) 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). The claimant’s default will be entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all requested relief. The claim is disallowed in its entirety. Movant to submit order within seven days.
Debtor(s):
Armando Gonzalez Pro Se
Joint Debtor(s):
Wendy Gonzalez Pro Se
11:30 AM
Movant(s):
Sandra McBeth (TR) Represented By Sandra McBeth
Trustee(s):
Sandra McBeth (TR) Represented By Sandra McBeth
11:30 AM
K. MCBETH IN SUPPORT THEREOF (McBeth (TR), Sandra)
Docket 145
No tentative ruling. This is a FINAL RULING. The objection to claim # 60 was set for hearing on the notice required by FRBP 3007 and Local Bankruptcy Rules (“LBR”) 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995). Further, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). The claimant’s default will be entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all requested relief. The claim is a late filed claim, subordinated to timely filed unsecured claims.
Movant to submit order within seven days.
Debtor(s):
Armando Gonzalez Pro Se
Joint Debtor(s):
Wendy Gonzalez Pro Se
11:30 AM
Movant(s):
Sandra McBeth (TR) Represented By Sandra McBeth
Trustee(s):
Sandra McBeth (TR) Represented By Sandra McBeth
11:30 AM
Adv#: 9:19-01058 Golf View Lane Limited Partnership, a California L v. Pinnacle Estate
Docket 33
Have the Defendants themselves been served? If counsel has not communicated with them, it seems that service only on counsel doesn't provide adequate notice.
It does appear that there is cause for the requested relief. Continue for service and, if no evidence is put forward to oppose, grant.
Debtor(s):
Golf View Lane Limited Partnership, Represented By
Joseph G McCarty
M. Jonathan Hayes Robert M Yaspan
Defendant(s):
Pinnacle Estate Properties, Inc. Represented By Alana B Anaya
Garen Gary Keshishyan Represented By Alana B Anaya
Levis Pasco Obando Represented By Alana B Anaya
Valley Enterprises TS, Inc. Represented By
Thomas C Corcovelos
11:30 AM
Jose Pasco Represented By
Thomas C Corcovelos
Closing Agents, Inc. Pro Se
DOES 1 through 25, inclusive Pro Se
Igya Demirci Pro Se
Movant(s):
Golf View Lane Limited Partnership, Represented By
Robert M Yaspan
Plaintiff(s):
Golf View Lane Limited Partnership, Represented By
Robert M Yaspan
11:30 AM
Adv#: 9:20-01021 Faith v. Cummins
RE: [1] Adversary case 9:20-ap-01021. Complaint by Jeremy W. Faith against Andrea L. Cummins. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; (2) Avoid and Recover Preferential Transfers; (3) Avoid and Recover Post-Petition Transfers; (4) to Preserve Recovered Transfers for Benefit of Debtors Estate; and (5) Disallowance of Any Claims Held by Defendant [11 U.S.C. § 502(d)] [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 502, 547, 548, 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)) (Friedman, Anthony)
FR. 4-28-20
Docket 1
- NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Andrea L. Cummins Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
11:30 AM
Anthony A Friedman
11:30 AM
Adv#: 9:20-01022 Faith v. Cummins et al
RE: [1] Adversary case 9:20-ap-01022. Complaint by Jeremy W. Faith against Mark Cummins, Andrea L. Cummins. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; (2) Avoid and Recover Preferential Transfers; (3) Avoid and Recover Post-Petition Transfers; (4) to Preserve Recovered Transfers for Benefit of Debtors Estate; and (5) Disallowance of Any Claims Held by Defendant [11 U.S.C. § 502(d)] [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 502, 547, 548, 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)) (Friedman, Anthony)
FR. 4-28-20
Docket 1
- NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Mark Cummins Pro Se
Andrea L. Cummins Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:20-01027 Namba v. Rojas et al
Docket 39
- NONE LISTED -
Debtor(s):
Canyon Crest Ranch Partners- Represented By Dana M Douglas
Defendant(s):
James Rojas Pro Se
Sugira Limited, LLC, AKA Sugari Pro Se Texas Tart, LLC, a California Pro Se
Texas Tart, LLC, a Delaware Pro Se Texas Tart, a Delaware Corporation Pro Se Dru Peterson Pro Se
Susan Peterson Pro Se
Jodi A. Proud Pro Se
11:30 AM
Movant(s):
Jerry Namba Represented By
Louis H Altman Vanessa M Haberbush
Plaintiff(s):
Jerry Namba Represented By
Louis H Altman Vanessa M Haberbush
Trustee(s):
Jerry Namba (TR) Represented By Aaron E de Leest Brad Krasnoff
11:30 AM
Adv#: 9:19-01057 William G. Joiner, as Trustee of the William G. Jo v. Mahan et al
RE: [25] Amended Complaint First Amended Complaint by Meghan Canty Murphey on behalf of William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against Jeremy W. Faith, Chapter 7 Trustee, Legacy Effects, LLC, Shane Patrick Mahan. (RE: related document(s)1 Adversary case 9:19-
ap-01057. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, Shane Patrick Mahan, Legacy Effects, LLC, John D. Monte. (21 (Validity, priority or extent of lien or other interest in property)),(72 (Injunctive relief - other)) filed by Plaintiff William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02). (Attachments: # 1 Exhibit Exhibit 1 # 2 Exhibit Exhibit 2 # 3 Exhibit Exhibit 3 # 4 Affidavit Exhibit 4 # 5 Exhibit Exhibit 5 # 6 Exhibit
Exhibit 6 # 7 Exhibit Exhibit 7 - Part 2 # 8 Exhibit Exhibit 7 - Part 2 # 9 Exhibit
Exhibit 7 - Part 3 # 10 Exhibit Exhibit 7 - Part 4 # 11 Exhibit Exhibit 8) (Reynolds, Richard)
FR. 5-18-20, 6-23-20
Docket 25
- NONE LISTED -
Debtor(s):
Shane Patrick Mahan Pro Se
Defendant(s):
Shane Patrick Mahan Pro Se
Legacy Effects, LLC Represented By Lee T Dicker
John D. Monte Pro Se
11:30 AM
Jeremy W. Faith, Chapter 7 Trustee Represented By
Todd A Frealy Lindsey L Smith Richard P Steelman Jr
Plaintiff(s):
William G. Joiner, as Trustee of the Represented By
Richard J Reynolds Meghan C Murphey Joseph P Buchman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy Lindsey L Smith
11:30 AM
Adv#: 9:19-01079 William G. Joiner, as Trustee of the William G. Jo v. Mahan
RE: [1] Adversary case 9:19-ap-01079. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against Shane Patrick Mahan. (Nature of Suit: (41 - Objection / revocation of discharge - 727(c),(d),(e))). (Reynolds, Richard)
FR. 2-24-20, 3-16-20, 7-21-20
Docket 1
- NONE LISTED -
Debtor(s):
Shane Patrick Mahan Pro Se
Defendant(s):
Shane Patrick Mahan Pro Se
Plaintiff(s):
William G. Joiner, as Trustee of the Represented By
Richard J Reynolds Meghan C Murphey Joseph P Buchman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy Lindsey L Smith
11:30 AM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/
ZoomGov meeting number: 160 540 6382
Password: 128748
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
Docket 0
- NONE LISTED -
11:30 AM
Docket 68
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT. The Movant may proceed with the Non-bankruptcy Action defined in the motion.
GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Studio Production Center, Inc. Represented By Mark E Brenner Mark E Brenner
11:30 AM
Los Angeles, CA 90077
fr. 11-20-19, 1-7-20, 1-8-20
fr. 3-10-20, 4-29-20
Fr. 7-1-20 fr.8-26-20
Docket 29
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Nathan F Smith
11:30 AM
fr. 1-8-20,3-10-20, 4-29-20
Fr. 7-1-20 fr.8-26-20
Docket 52
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:30 AM
Docket 101
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:30 AM
fr.9-10-19, 11-6-19, 11-20-19
fr. 1-7-20, 1-8-20,3-10-20
fr. 4-29-20
Fr. 7-1-20 fr.8-26-20
Docket 1
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
2:30 PM
Join by Computer
Meeting URL: https://cacb.zoomgov.com/j/1606502573
Meeting ID: 161 480 6082
Password: 422431
Join by Telephone
For higher quality, dial a number based on your current location.
Dial: US: +1 669 254 5252 or +1 646 828 7666
Meeting ID: 161 480 6082
Password: 422431
Docket 196
- NONE LISTED -
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender
2:30 PM
Todd M Arnold Lindsey L Smith
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
Docket 43
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
GRANT relief from the co-debtor stay under 11 U.S.C. § 1301(a). MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
Debtor(s):
Karin Maria Cybulski Represented By Christian J Younger
11:30 AM
Movant(s):
Select Portfolio Servicing Inc., as Represented By
Jenelle C Arnold
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 36
Can this be resolved consensually?
Debtor(s):
James L Cinney Sr. Represented By Julie J Villalobos
Movant(s):
American Advisors Group Represented By Nancy L Lee
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [20] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 20458 Pacific Coast Highway, Malibu, CA 90265 with Exhibits "A" through "B" and Proof of Service of Document.
FR. 8-16-19, 9-18-19, 10-16-19, 12-4-19, 1-29-20, 2-26-20, 3-25-20, 6-1-20,
8-4-20, 8-18-20, 9-1-20
Docket 20
September 1, 2020
The court needs an order on the parties' stipulation.
August 18, 2020
This matter has been continued many times. The court has a final ruling to grant the real property motion for relief.
May 28, 2020
The motion is unopposed and shows cause under section 362(d)(1) for the requested relief. Grant unless the debtor has evidence that he is current or the parties have agreed to an APO.
Ruling for March 25, 2020
Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure
11:30 AM
to prosecute.
Ruling for February 26, 2020
Continued to March 25, 2020 at 10:30. Movant to file and serve notice.
Debtor(s):
Robert B. Haight Represented By Nicholas S Nassif
Movant(s):
DJ Development,LLC Represented By Abel Ortiz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 46
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Joshua Michael Luster Represented By John D Faucher
Joint Debtor(s):
Katherine Michelle Luster Represented By John D Faucher
11:30 AM
Movant(s):
ACAR Leasing LTD d/b/a GM Represented By Sheryl K Ith
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 48
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
John D Burree Represented By David Commons Julie J Villalobos
Joint Debtor(s):
Cecelia M Burree Represented By David Commons Julie J Villalobos
11:30 AM
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [256] Motion of California Debtors for Entry of (I) an Order (A) Authorizing and Approving the California Debtors' Entry Into and Assumption of the Stalking Horse Asset Purchase Agreement, (B) Authorizing and Approving Bidding Procedures and Break-Up Fee, (C) Approving Notice Procedures, (D) Scheduling a Sale Hearing, and (E) Approving Procedures for Assumption and Assignment of Certain Executory Contracts and Unexpired Leases and Determining Cure Amounts; and (II) an Order (A) Authorizing the Sale of Substantially all of the California Debtors' Assets Free and Clear of All Liens, Claims, Encumbrances, and Interests, (B) Authorizing the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases; Memorandum of Points and Authorities in Support Thereof (Salzman, Ryan)
Docket 256
The motion is unopposed.
Approve sale procedures. The week of September 28 is not available, but the court can set this matter on October 6 or 8 at 11:30.
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
11:30 AM
FR. 12-18-19, 4-24-19, 6-12-19, 7-3-19, 9-3-19, 10-29-19, 12-5-19, 3-24-20,
7-21-20
Docket 1
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
11:30 AM
FR. 8-18-20
Docket 1
- NONE LISTED -
Debtor(s):
Bruce Matthew Burke Represented By Arasto Farsad
Joint Debtor(s):
Jasmine Jaruda Burke Represented By Arasto Farsad
11:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Christiaan Johannes De Nysschen Represented By
Vaughn C Taus
Joint Debtor(s):
Maria Catharina De Nysschen Represented By Vaughn C Taus
11:30 AM
Adv#: 9:20-01019 Faith v. Heringer Estate Winery
RE: [1] Adversary case 9:20-ap-01019. Complaint by Jeremy W. Faith against Heringer Estate Winery. (Charge To Estate). - Complaint (1) for Avoidance of Post-Petition Transfer; and (2) to Preserve Recovered Transfers for Benefit of Debtor's Estate [11 U.S.C. §§ 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)) (Friedman, Anthony)
FR. 4-28-20, 6-30-20
Docket 1
- NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Heringer Estate Winery Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:20-01020 Faith v. American Express Company
RE: [1] Adversary case 9:20-ap-01020. Complaint by Jeremy W. Faith against American Express Company. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; (2) Avoid and Recover Preferential Transfers; (3) Avoid and Recover Post-Petition Transfers; (4) to Preserve Recovered Transfers for Benefit of Debtors Estate; and (5) Disallowance of any Claims Held by Defendant [11 U.S.C. § 502(d)] [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 502, 547, 548, 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)) (Friedman, Anthony)
FR. 4-28-20, 6-30-20
Docket 1
- NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
American Express Company Represented By Kelly Sweeney
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By
11:30 AM
Todd A Frealy Anthony A Friedman
11:30 AM
Adv#: 9:20-01014 McBeth v. Mai
RE: [1] Adversary case 9:20-ap-01014. Complaint by Sandra K. McBeth against Rick Louis Mai. (Charge To Estate). (Attachments: # 1 Exhibit 1, Part 1 # 2 Exhibit 1, Part 2 # 3 Exhibit 1, Part 3 # 4 Adv. Proc. Cover Sheet) Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)) (Sholder, Joseph)
FR. 3-24-20, 6-1-20, 6-30-20
Docket 1
This matter settled, correct? Plaintiff needs to request dismissal.
Debtor(s):
Julie Mai Represented By
Vaughn C Taus
Defendant(s):
Rick Louis Mai Represented By Matthew S Kennedy
Plaintiff(s):
Sandra K. McBeth Represented By Joseph M Sholder
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
Docket 3
- NONE LISTED -
Debtor(s):
Valley Farm Supply, Inc. Represented By William C Beall
11:30 AM
Docket 4
- NONE LISTED -
Debtor(s):
Valley Farm Supply, Inc. Represented By William C Beall
11:30 AM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/
ZoomGov meeting number: 160 588 5567
Password: 839723
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
Docket 0
11:30 AM
Docket 18
Debtor(s):
Mokhim Rasooli Pro Se
11:30 AM
Docket 5
Debtor(s):
Mokhim Rasooli Pro Se
2:00 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Join ZoomGov Meeting https://cacb.zoomgov.com/j/1610770899
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Meeting ID: 161 077 0899
Password: 834441
Docket 0
- NONE LISTED -
2:00 PM
Adv#: 2:20-01621 Alexx Brown, LLC v. Brown et al
Docket 2
- NONE LISTED -
Debtor(s):
Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff
Defendant(s):
Alexx Brown Pro Se
John Does 1-10 Pro Se
Plaintiff(s):
Alexx Brown, LLC Represented By Andrew Goodman
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
RE: [75] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 971 VISALIA STREET, PISMO BEACH, CA 93449 . (Ferry, Sean)
FR. 1-29-20, 2-26-20, 3-25-20, 5-6-20, 5-13-20, 6-30-20, 8-10-20
Docket 75
At the June 30 hearing, counsel indicated the parties had negotiated an APO.
Ruling for March 25, 2020
Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.
Ruling for February 26, 2020
Continued to March 25, 2020 at 10:30 a.m.
Ruling for 1/29/20: Continued to 2/26/20 at 10:30 a.m.
Debtor(s):
David Allen Yatsko Represented By Chris Gautschi
Movant(s):
Deutsche Bank National Trust Represented By
11:30 AM
Trustee(s):
Sean C Ferry Keith Labell Theron S Covey Eric P Enciso
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 61
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
Debtor(s):
Genaro Jacinto Represented By Susan Salehi
11:30 AM
Joint Debtor(s):
Patricia Jacinto Represented By Susan Salehi
Movant(s):
Deutsche Bank National Trust Represented By Sean C Ferry
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [59] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2008 Honda Odyssey with Proof of Service. (Martinez, Kirsten)
FR. 8-10-20
Docket 59
Movant asked to continue this matter to confirm payment from Debtor has cleared.
Debtor(s):
Juan Manuel Aguilar Represented By Steven Trolard
Movant(s):
TOYOTA MOTOR CREDIT Represented By Kirsten Martinez Austin P Nagel
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [49] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 25 Brookpebble Lane, Simi Valley, California 93065 with Proof of Service. (Arnold, Jenelle)
FR. 8-10-20
Docket 49
Is the movant the servicer for the beneficiary, or the holder (MERS appears to be the beneficiary so the motion may have the wrong box checked)?
Debtor(s):
Frank Joseph Heller Represented By Eric Ridley
Joint Debtor(s):
Marlo Marie Heller Represented By Eric Ridley
Movant(s):
Select Portfolio Servicing Inc., as Represented By
Jenelle C Arnold
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
FR. 7-13-20
Docket 78
Please update the court on payments made and received.
Debtor(s):
Manuel Rodrigues Represented By William C Beall
Joint Debtor(s):
Diana M. Rodrigues Represented By William C Beall
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [50] Motion to vacate order Motion for Relief From Stay, Hearing Date July 21, 2020 @ 10:30am in Ctrm 301, with proof of service
FR. 7-21-20
Docket 50
Please update the court on whether the parties were able to resolve this matter.
Debtor(s):
Pablo Valencia Represented By Matthew D. Resnik
Movant(s):
Pablo Valencia Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 79
The final application for allowance of fees and costs was properly noticed and set for hearing. The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v.
Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
AIS Construction Company Represented By William E. Winfield
Movant(s):
John-Patrick McGinnis Fritz (TR) Pro Se
11:30 AM
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
$22.50.
Docket 82
Is counsel holding any funds from the retainer?
Debtor(s):
AIS Construction Company Represented By William E. Winfield
Movant(s):
Nelson Comis Kettle & Kinney LLP Represented By
William E. Winfield
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [279] U.S. Trustee Motion to dismiss or convert Notice Of Motion And Motion Under 11 U.S.C. § 1112(b) To Dismiss Or Convert Case; Declaration Of Alfred Cooper III . (Fittipaldi, Brian)
FR. 8-10-20
Docket 279
The Debtor indicates that he expects a hearing to be held in state court and requests another continuance, to late October.
8/10/20 Tentative Ruling:
This case is nearly three years old. The basis for the U.S. Trustee's motion is the debtor's repeated delay and the fact that the confirmation hearing has been continued over 12 times. The debtor's response is not to refute any of the points made in the motion, but rather to ask whether this motion can be continued. The court is sympathetic to the debtor's situation, particularly in light of his health issues, but the parties need to address whether it is time to dismiss this case.
Debtor(s):
Jonathan David Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
RE: [174] Amended Chapter 11 Plan (FIRST AMENDED), with Proof of Service 149 Chapter 11 Plan of Reorganization , with Proof of Service . (Moradi-Brovia, Roksana)
FR. 10-2-18, 11-13-18, 12-18-18, 1-15-19, 2-5-19,
FR. 3-11-19 (STATUS CONFERENCE/HOLDING DATE),
FR. 5-14-19, 7-3-19, 9-26-19, 12-17-19, 3-3-20, 3-24-20, 6-1-20, 7-13-20
Docket 174
The Debtor indicates that he expects a hearing to be held in state court and requests another continuance, to late October.
Debtor(s):
Jonathan David Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:30 AM
Docket 143
- NONE LISTED -
Debtor(s):
Golf View Lane Limited Partnership, Represented By
Joseph G McCarty
M. Jonathan Hayes Robert M Yaspan
11:30 AM
RE: [296] Motion of California Debtors For Entry Of (I) An Order (A) Authorizing and Approving the Debtors Entry Into the Stalking Horse Asset Purchase Agreement, (B) Authorizing and Approving Bidding Procedures and Break-Up Fee, (C) Approving Notice Procedures, (D) Scheduling A Sale Hearing, and (E) Approving Procedures For Assumption and Assignment Of Certain Executory Contracts and Unexpired Leases and Determining Cure Amounts; and (II) an Order (A) Authorizing The Sale Of Substantially All Of The Debtors Assets Free and Clear Of All Liens, Claims, Encumbrances, and Interests, (B) Authorizing the Assumption and Assignment Of Certain Executory Contracts and Unexpired Leases; Memorandum Of Points and Authorities In Support Thereof with hearing set to be Held on September 8, 2020 at 11:30 a.m. (Salzman, Ryan)
Docket 296
The CPES matters will be called last on calendar.
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
11:30 AM
RE: [308] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: . (O'Brien, Sean)
Docket 308
- NONE LISTED -
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Arizona Department of Economic Represented By
Jennifer Kalvestran Sean P O'Brien
11:30 AM
Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [1] Adversary case 9:18-ap-01040. Complaint by The Official Committee of Unsecured Creditors against Gurpreet Sahani, Gurpreet Gurpreet Sahani as Trustee of The Green Acres Trust Dated May 10, 2017, Rajinder Sahani, Amarjit Sahani, Shaheen Sahani. Recovery, and Preservation of Preferential Transfers;
Avoidance, Recovery, and Preservation of Intentional Fraudulent Transfers;
Avoidance, Recovery, and Preservation of Constructive Fraudulent Transfers; (4) Breach of Fiduciary Duty; (5) Conversion/Misappropriation; (6) Civil Liability Under Penal Code § 496; (7) Unfair Business Practices (Business and Professions Code § 17200); (8) Misappropriation of Trade Secrets; (9) Declaratory Relief; (10) Quiet Title; and (11) Turnover (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))(Haes, Chad)
FR. 10-24-18, 4-16-19, 6-12-19, 7-23-19, 3-24-20, 6-23-20, 11-17-20
Docket 1
- NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Gurpreet Sahani Represented By Lewis R Landau
Rajinder Sahani Represented By
11:30 AM
Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Chad V Haes
D Edward Hays Tinho Mang
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Adv#: 9:20-01040 Faith v. Hesselgesser
Docket 1
- NONE LISTED -
Debtor(s):
Robert Hesselgesser M.D. Pro Se
Defendant(s):
Robert Hesselgesser Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Beth Gaschen
Trustee(s):
Jeremy W. Faith (TR) Represented By Jeffrey I Golden Beth Gaschen
2:00 PM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/
ZoomGov meeting number: 161 328 1939
Password: 363606
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
2:00 PM
Docket 202
- NONE LISTED -
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Lisa Jan Cerrotta Represented By Allan S Williams
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Jason Isaac Ignacio Represented By Nicholas M Wajda
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Humberto M Martinez Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Thomas Martin Represented By
Michael D Kwasigroch
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 32
- NONE LISTED -
Debtor(s):
Jason Tiscareno Represented By Janet A Lawson
Joint Debtor(s):
Katherine D. Tiscareno Represented By Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Holly Godshall Represented By
Steven Abraham Wolvek
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
John Wayne Burdett Represented By Andy C Warshaw
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Greg K Beck Represented By
Reed H Olmstead
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Daniel James Greding Represented By Julie J Villalobos
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Amanda Grace Schaller Represented By Robert E Traylor
Joint Debtor(s):
Rachelle Lynn Schaller Represented By Robert E Traylor
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Christen Kayser Represented By Shawn S White
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Rosa Olmedo Represented By Yelena Gurevich
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Hernan A. Udaeta Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Vicki Lynn Neider Represented By Nancy Korompis
Trustee(s):
Elizabeth (ND) F Rojas (TR) Represented By Nancy Korompis
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Greg Curtis Key Represented By Nancy Korompis
Joint Debtor(s):
Hayley Marie Key Represented By Nancy Korompis
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Vincenza Sarah Sorisi Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
(Hearing is set based upon Memorandum and Judgment entered by the BAP) FR. 9-19-19, 10-17-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20, 7-16-20
Docket 1
9/17/20:
The court will first address the claim issue at matter 16.1 and then turn to confirmation, matter 16.
9/17/20 Cont'd Confirmation Hearing: It has now been over a year since this case was reinstated after appeal.
On Tuesday, September 15, the debtors filed a document titled "Response to Tentative Rulings Posted on 9/15/20" (Docket No. 178). This document is perplexing. As of 9/15/20, the only tentative ruling posted for any of the four matters on calendar in this case was for this matter, which was clearly labeled as "Tentative ruling for 5/21/20. This tentative ruling will be posted on 9/16/20.
Tentative ruling for 5/21/20:
The confirmation hearing was continued from 1/16 to 3/26/20. On 1/16, the court noted that there had been multiple hearings since remand and that the SPS claim objection still had not been properly noticed. The trustee’s counsel noted that there was still no relevant plan because no amended plan had been filed since the remand. The prior plan was outdated because the Debtors had used the refunded plan payments and may have reduced claims while the case was dismissed. Counsel for the Debtors still had not come to a conclusion about the plan term, she had a "thinking" and didn’t understand why she couldn’t use the plan she had on file. The court noted that the existing pre- appeal plan didn’t match counsel’s "thinking." There was further colloquy between counsel and the court about properly noticing a new plan. Counsel also noted that she
10:30 AM
had no RARA. The court also told Ms. Lawson that she could always file a motion under § 529.
Confirmation was continued from 3/26 until today without being called at that
time.
No post-appeal plan was filed until 4/10/20, more than six months after remand
(Docket No. 132). A filer error was entered the same day (Docket No 136) noting that the plan was filed on an out-of-date form – counsel used the 2012 plan form. The notice to filer instructed counsel to immediately re-file the correct document. This has not been done, so there is still no plan since prior to the dismissal and appeal.
An objection to confirmation has been filed by the Debtors’ first mortgage lienholder, by U.S. Bank, N.A., as trustee. U.S. Bank states that the proposed plan provides for arrearages of $7,265.60 while the actual arrearages are $30,327.25. The objection notes that the Debtors never properly noticed the claim objection filed eight months ago on 9/18/19.
There appears to be ample basis for dismissal here.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m. Dtrs are required to either set their claims objection for hearing or file an adversary proceeding.
Ruling for 11/21/19: Continued to 1/16/20. Also, Debtor should file a withdrawl of the SPS objection.
Ruling for October 17, 2019: Continued to 11/21/19.
Debtor(s):
Arnold W Gross Represented By Stuart R Simone Janet A Lawson
10:30 AM
Joint Debtor(s):
Laurie E Gross Represented By Stuart R Simone Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 7-16-20
Docket 147
If the parties haven't consensually resolved this matter and do not request a continuance, the court will hear brief oral argument and rule.
Debtor(s):
Arnold W Gross Represented By Stuart R Simone Janet A Lawson
Joint Debtor(s):
Laurie E Gross Represented By Stuart R Simone Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 165
The court doesn't see any reason why this "second objection" was filed. This is, in essence, a supplemental brief in support of the debtor's claim objection filed at Docket No. 147 (Cal. No. 16.1), framed and noticed as a "second" claim objection. It would actually be the third (Docket No. 113 was never set for hearing). The brief is almost identical to that filed as a reply with respect to Docket No. 147 (Docket No. 158). The court did not allow for any supplemental briefing after the 7/16/20 hearing, so to the extent this "claim objection" is a supplemental brief, it is stricken from the record.
To the extent this is a new claim objection, filed when there are two pending claim objections, one of which has been fully briefed already and continued by the court for further hearing, the court finds that the debtors' successive claim objections (including a fourth objection - Cal. No. 16.3) are not proper because:
"a debtor is not entitled to utilize the filing of amended or supplemental objections in order to file successive and repeated objections to the claim of a creditor. The filing of such successive and repeated objections, even if based on different grounds, is unduly burdensome and prejudicial to creditors who are subjected to such tactics."
In re Catron, 198 B.R. 908, 909 (Bankr. M.D.N.C. 1996).
No hearing is needed for the court to overrule this "second objection" without a hearing. This matter will not be called.
10:30 AM
Debtor(s):
Arnold W Gross Represented By Stuart R Simone Janet A Lawson
Joint Debtor(s):
Laurie E Gross Represented By Stuart R Simone Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [168] Motion Objection to Miscellaneous Fees Charged by Secured Creditor
U.S. Bank, Said Fees Not Included in the Proof of Claim. s
Docket 168
A hearing is not needed for the court to rule on this matter. This "objection" is overruled. This matter will not be called.
This is the fourth claim objection filed by the debtors to this claim, all four of which remain pending (See Cal. Nos. 16.1 and 16.2, the first was never set for hearing).
This is a "claim objection" by name only, as it appears to be a request for an accounting, supported by a declaration by the debtors' counsel's assistant, as to charges and/or accounting entries on the debtors mortgage account mostly postpetition.
The debtors argue without support that every one of numerous entries on their account history totalled by counsel's assistant is a "fee" and argue that they are entitled to know what those "fees" are for.
The claimant addresses this "objection" in its omnibus response to all of the pending claim "objections" (Docket No. 172). The claimant points out that this document does not actually constitute a claim objection as it includes no requested relief. The claimant argues that, even to the extent the debtors' filing constitutes a claim objection, they have not presented any evidence that would overcome the prima facie validity of claim 15. The claimant also attaches information regarding corporate advance codes from which the debtors may be able to identify the "fees" they complain of.
FRBP 3002(c)(2)(A) requires any claim including "interest, fees, expenses, or aother charges incurred before the petition was filed" to include an itemized
10:30 AM
statement of those amounts. The debtors do not claim that this requirement has not been met as to any of the "fees" that were prepetition.
The debtors have provided no authority for a conclusion that claim 15 contains insufficient information to constitute a prima facie claim or any authority for disallowance of the claim based on the debtors' lack of understanding of the amounts set forth in the claim.
The debtors cite two cases, neither of which is analogous to the situation here. Both of the cited cases (In re Melbell Assoc. and In re Atwood) involved oversecured creditors. According to the debtors' schedules, the claimant here is undersecured. In Melbell Assoc., the issue was the extent to which the creditor could recover certain fees and costs from the proceeds of the postpetition sale of the debtor's property. In Atwood, the issue involved the oversecured creditor's § 506(b) claim for fees and costs and whether the creditor had to seek fees under FRBP 2016 rather than through its claim. The holding of that decision relates to how a court is to determine reasonableness of fees under § 506(b).
In short, while the holdings of these cases may have sounded good to the debtors, they do not provide a basis for disallowance of a claim based on the debtors' lack of understanding as to what certain fees and charges represent.
If the debtors were truly trying to determine the nature of the charges to assess their appropriateness, they could have sought discovery, but evidently have not.
The debtors' "claim objection" fails to provide sufficient basis to rebut the validity of the claim. Overrule.
Debtor(s):
Arnold W Gross Represented By Stuart R Simone Janet A Lawson
Joint Debtor(s):
Laurie E Gross Represented By
10:30 AM
Movant(s):
Stuart R Simone Janet A Lawson
Arnold W Gross Represented By Stuart R Simone Janet A Lawson
Laurie E Gross Represented By Stuart R Simone Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 2-21-19, 3-21-19, 5-23-19, 9-19-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20,
7-16-20
Docket 1
- NONE LISTED -
Debtor(s):
Jorge Ramirez Represented By Janet A Lawson
Joint Debtor(s):
Amelia Ramirez Represented By Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 5-23-19, 9-19-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20, 7-16-20
Docket 1
Ruling for May 23, 2019:
Continued to September 19, 2019
Debtor(s):
Susan Y McDermott Represented By Jerry Namba
Joint Debtor(s):
Michael J McDermott III Represented By Jerry Namba
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [48] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Leta Finch v. Susan and Michael McDermott . (Bertelsen, Susan)
FR. 6-21-19, 8-16-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20, 7-16-20
Docket 48
9/17/20: These matters will be continued to November by stipulation.
Ruling for 6/21/19: Continued to 8/16/19 at 10:30 a.m. for proper service on the debtor per the local rules.
Debtor(s):
Susan Y McDermott Represented By Jerry Namba
Joint Debtor(s):
Michael J McDermott III Represented By Jerry Namba
Movant(s):
Leta Finch Represented By
David Stroud David P Stroud
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 8-16-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20, 7-16-20
Docket 45
9/17/20: These matters will be continued to November by stipulation.
Debtor(s):
Susan Y McDermott Represented By Jerry Namba
Joint Debtor(s):
Michael J McDermott III Represented By Jerry Namba
Movant(s):
Susan Y McDermott Represented By Jerry Namba
Michael J McDermott III Represented By Jerry Namba
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [53] Motion for Abstention Under Section 305
FR. 8-16-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20, 7-16-20
Docket 53
9/17/20: These matters will be continued to November by stipulation.
Debtor(s):
Susan Y McDermott Represented By Jerry Namba
Joint Debtor(s):
Michael J McDermott III Represented By Jerry Namba
Movant(s):
Leta Finch Represented By
David Stroud David P Stroud
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 57
- NONE LISTED -
Debtor(s):
Garland Chester Represented By Vaughn C Taus
Joint Debtor(s):
Juliet Chester Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 10-17-19, 11-21-19, 12-19-19, 1-16-20, 3-26-20, 4-16-20, 6-18-20
FR. 8-20-20
Docket 1
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m. Dtr to file supplemental evidence re: the potential sales of real property by the former mother-in-law by March 12, 2020.
Ruling for December 19, 2019: Continued to 1/16/20.
Ruling for 11/21/19:
Ruling for October 17, 2019: Continued to 11/21/19 at 10:00 a.m.
Debtor(s):
Adriana Elizabeth Velazquez Represented By Reed H Olmstead
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Jorge Gutierrez Gonzalez Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Terry Lane Represented By
Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Robert L. Magee Represented By Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Patricia Ellen Davidson Represented By Matin Rajabov
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Joint Debtor(s):
Holli Kolkowski Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Samuel Lawrence Dodd Represented By Vaughn C Taus
Joint Debtor(s):
Jamie Marie Dodd Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 24
- NONE LISTED -
Debtor(s):
Heather M. Barreras Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Briza O. Ramos Represented By Tom A Moore
Joint Debtor(s):
Hector Ramos Represented By Tom A Moore
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [25] Motion to Allow Claim Late-Filed Proof of Claim; Memorandum of Points and Authorities in Support Thereof (Richey, Cassandra)
Docket 25
The motion is unopposed. Grant.
Debtor(s):
Briza O. Ramos Represented By Tom A Moore
Joint Debtor(s):
Hector Ramos Represented By Tom A Moore
Movant(s):
Matrix Financial Services Represented By Cassandra J Richey
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Richard David Donald Represented By Reed H Olmstead
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Alexandra Dostrow Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Robert Davis Hoshaw Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [17] Motion for Setting Property Value Notice of Motion and Motion for Order Determining Value of Collateral [11 U.S.C. § 506(a), FRBP 3012]: 2012 Honda Accord EX Sedan 4D, with Proof of Service
FR. 8-20-20
Docket 17
Deny without prejudice. Either the debtor can rely on a KBB value, using the most appropriate condition input (let's say "fair," which is the lowest, and takes into account that there may be mechanical and cosmetic defects, need for tires, need for servicing the interior, paint, and/or body, etc.), or he can get an appraisal based on actual condition. The debtor can't use a KBB value he himself does not believe to be accurate, and then make his own adjustments to value without admissible evidence in support.
Debtor(s):
Robert Davis Hoshaw Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Movant(s):
Robert Davis Hoshaw Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [53] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (SV))
Docket 53
- NONE LISTED -
Debtor(s):
Miguel A. Gonzalez Represented By Michael B Clayton
Joint Debtor(s):
Denise Gonzalez Represented By Michael B Clayton
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [67] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (SV))
Docket 67
- NONE LISTED -
Debtor(s):
Stefanie C Krupp Represented By Carissa N Horowitz
Joint Debtor(s):
Jared I Krupp Represented By
Carissa N Horowitz
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [82] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (SV))
Docket 82
- NONE LISTED -
Debtor(s):
Baldemar F Torres Represented By Michael B Clayton
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [181] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 8-20-20
Docket 181
- NONE LISTED -
Debtor(s):
Lance Darren Milatz Represented By
Richard Mark Garber
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [100] Trustee's Motion to Dismiss Case Trustee Motion for Failure to Submit All Tax Refunds
FR. 6-18-20, 8-20-20
Docket 100
- NONE LISTED -
Debtor(s):
Rocelie Alejo Represented By Kevin T Simon
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [49] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 49
- NONE LISTED -
Debtor(s):
Richard Nicholas Miller Represented By Russ W Ercolani
Joint Debtor(s):
Christine Ann Miller Represented By Russ W Ercolani
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [33] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 33
- NONE LISTED -
Debtor(s):
Ronald James Wilson Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 45
- NONE LISTED -
Debtor(s):
Gloria Contreras Represented By Daniel A Higson
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [60] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 1-16-20, 3-26-20, 6-18-20, 8-20-20
Docket 60
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Claudia Nunez Represented By Andrew S Mansfield Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 65
- NONE LISTED -
Debtor(s):
Jorge A. Ledezma Represented By Andrew Moher
Joint Debtor(s):
Rebeca C. Ledezma Represented By Andrew Moher
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [91] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20, 6-18-20, 7-16-20, 8-20-20
Docket 91
- NONE LISTED -
Debtor(s):
Scott Rosson Represented By
Michael D Kwasigroch
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [62] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 8-20-20
Docket 62
- NONE LISTED -
Debtor(s):
Melissa Lynn Macneill Represented By Joshua L Sternberg
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [50] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 2-27-20, 5-21-20, 7-16-20
Docket 50
- NONE LISTED -
Debtor(s):
Rebecca Jolene Borchers Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 42
- NONE LISTED -
Debtor(s):
Andrew Flores Represented By Julie J Villalobos
Joint Debtor(s):
Marlene Flores Represented By Julie J Villalobos
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 3-26-20, 5-21-20, 7-16-20
Docket 56
- NONE LISTED -
Debtor(s):
Mervlyn Thelma Kerr Represented By Charles Shamash Joseph E. Caceres
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 4-16-20, 6-18-20, 8-20-20
Docket 62
- NONE LISTED -
Debtor(s):
Cristina Marie Pagan Nowling Represented By Kevin T Simon
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [25] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 8-20-20
Docket 25
- NONE LISTED -
Debtor(s):
Sherilyn Ann Nelson Represented By Christian J Younger
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 46
- NONE LISTED -
Debtor(s):
Kyle Nicholas McReynolds Represented By Daniel King
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [84] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 84
- NONE LISTED -
Debtor(s):
Jose Suayan Represented By
Roy M Holland
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [86] Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments
Docket 86
- NONE LISTED -
Debtor(s):
Jose Suayan Represented By
Roy M Holland
Movant(s):
Jose Suayan Represented By
Roy M Holland Roy M Holland Roy M Holland Roy M Holland Roy M Holland
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [98] Application for Compensation for Roy M Holland, Debtor's Attorney, Period: 7/1/2020 to 9/17/2020, Fee: $2500.00, Expenses: $41.75.
Docket 98
- NONE LISTED -
Debtor(s):
Jose Suayan Represented By
Roy M Holland
Movant(s):
Jose Suayan Represented By
Roy M Holland Roy M Holland Roy M Holland Roy M Holland Roy M Holland
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 42
- NONE LISTED -
Debtor(s):
Randal John Vasquez Represented By
Rabin J Pournazarian
Joint Debtor(s):
Courtney Page Vasquez Represented By
Rabin J Pournazarian
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [31] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 31
- NONE LISTED -
Debtor(s):
Alvaro Manuel Arguello Represented By Ali R Nader
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [43] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (SV))
Docket 43
- NONE LISTED -
Debtor(s):
Naomi Garcia Represented By Vaughn C Taus
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [35] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20, 6-18-20, 8-20-20
Docket 35
- NONE LISTED -
Debtor(s):
Jason Bruce Leaseburg Represented By Matthew D. Resnik
Joint Debtor(s):
Melanie Kate Leaseburg Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 47
- NONE LISTED -
Debtor(s):
Karin Maria Cybulski Represented By Christian J Younger
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [71] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 71
- NONE LISTED -
Debtor(s):
Jay Brian Schoen Represented By Rob R Nichols
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [27] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 8-20-20
Docket 27
- NONE LISTED -
Debtor(s):
Elizabeth Rivera Represented By Steven A Alpert
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 106
- NONE LISTED -
Debtor(s):
Carol M Shilkett Represented By Andy C Warshaw
Movant(s):
Carol M Shilkett Represented By Andy C Warshaw
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [23] Motion to Avoid Lien JUDICIAL LIEN with Ted Silverberg Notice of Motion and Motion to Avoid Lien Under 11 U.S.C. § 522(f) (Real Property): 2699 North Velarde Drive, Thousand Oaks, CA 91360; Declarations of Christopher John Sanchez and Jennifer Landon in Support Thereof, with Proof of Service
FR. 8-20-20
Docket 23
- NONE LISTED -
Debtor(s):
Christopher John Sanchez Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Movant(s):
Christopher John Sanchez Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [57] Motion and Notice of Motion TO REINSTATE ORDER AND AUTOMATIC STAY UNDER THE ADEQUATE PREOTCTION AGREEMENT WITH THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR REGISTERED HOLDERS OF CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-7 DATED AUGUST 16, 2019, with Proof of
Service
FR. 6-18-20, 7-16-20, 8-20-20
Docket 57
- NONE LISTED -
Debtor(s):
Valerie Michelle Romo Represented By Nathan Berneman
Movant(s):
Valerie Michelle Romo Represented By Nathan Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
Docket 40
Appearances required.
Debtor(s):
Guillermo M Magana Represented By Scott Kosner
Movant(s):
U.S. Bank Trust National Represented By
Lemuel Bryant Jaquez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [27] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2013 Toyota Highlander with Proof of Service. (Martinez, Kirsten)
Docket 27
- NONE LISTED -
Debtor(s):
Jason Isaac Ignacio Represented By Nicholas M Wajda
Movant(s):
Global Lending Services LLC Represented By Kirsten Martinez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [16] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Nissan Titan with Proof of Service. (Martinez, Kirsten)
Docket 16
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Joelle Marie Mancuso Represented By Vernon L Ellicott
Movant(s):
Nissan Motor Acceptance Represented By
11:30 AM
Trustee(s):
Kirsten Martinez
Jerry Namba (TR) Pro Se
11:30 AM
Docket 64
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Linda Fay Heller Represented By Karen L Grant
Trustee(s):
Sandra McBeth (TR) Represented By Sandra McBeth
11:30 AM
Docket 41
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
James W. Monti Represented By Brent D George
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder
11:30 AM
Docket 259
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant. Deadline is extended to 12/31/2020. Movant to lodge order within seven days.
Debtor(s):
Farshad Fasihi Harandi Pro Se
Movant(s):
David Seror (TR) Represented By Jessica L Bagdanov
Trustee(s):
David Seror (TR) Represented By Jessica L Bagdanov
11:30 AM
Docket 262
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant. Deadline is extended to 12/31/2020. Movant to lodge order within seven days.
Debtor(s):
Farshad Fasihi Harandi Pro Se
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi Kenneth Misken
Trustee(s):
David Seror (TR) Represented By Jessica L Bagdanov
11:30 AM
11:30 AM
Docket 13
Have the parties finalized a stipulation and order?
Debtor(s):
Rowland W. Twisselman Represented By William C Beall
Joint Debtor(s):
Catherine A. Twisselman Represented By William C Beall
Movant(s):
Rowland W. Twisselman Represented By William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall
Catherine A. Twisselman Represented By William C Beall William C Beall
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 285
How much cash is on hand now?
Debtor(s):
Jonathan David Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Movant(s):
Jonathan David Startz Represented By Matthew D. Resnik Matthew D. Resnik Matthew D. Resnik Matthew D. Resnik
Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia
11:30 AM
Docket 490
Approve fees of $130,878.50 and expenses of $1,217.79 (the court can't replicate counsel's calculations).
Debtor(s):
Aimee Nozzi Represented By
Stella A Havkin
Movant(s):
Gerald Serlin Pro Se
11:30 AM
Docket 493
Approve final fees and expenses in the following amounts: $152,706.60 and expenses of $5,824.31(the court is unable to verify additional amounts).
Debtor(s):
Aimee Nozzi Represented By
Stella A Havkin
Movant(s):
Aimee Nozzi Represented By
Stella A Havkin
11:30 AM
Docket 207
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant. Movant to lodge order within seven days.
Debtor(s):
Leo Rito Sandoval Jr Represented By Matthew D Metzger
Amelia Puertas-Samara
Movant(s):
Leo Rito Sandoval Jr Represented By Matthew D Metzger Matthew D Metzger Matthew D Metzger Matthew D Metzger
Amelia Puertas-Samara
11:30 AM
Amelia Puertas-Samara Amelia Puertas-Samara Amelia Puertas-Samara
11:30 AM
Docket 209
This motion could have been combined with a motion for final decree.
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant. Movant to lodge order within seven days.
Debtor(s):
Leo Rito Sandoval Jr Represented By Matthew D Metzger
Amelia Puertas-Samara
Movant(s):
Leo Rito Sandoval Jr Represented By Matthew D Metzger Matthew D Metzger Matthew D Metzger Matthew D Metzger
Amelia Puertas-Samara
11:30 AM
Amelia Puertas-Samara Amelia Puertas-Samara Amelia Puertas-Samara
11:30 AM
Docket 231
Over the long history of this case (not to mention the prior case), the explanations of what is going on with the Carpinteria Property have always been perplexing. At the outset of this case, the Debtor claimed to be renting it to an unrelated woman paying $6,800, who also happened to pay his counsel’s retainer. Later, he claimed that the rent was only $6,000. It also came to light that the Debtor claimed that he and his family lived there, which seemed improbable if a stranger was paying $6,000 to live in a single-family residence. The Debtor later claimed to have moved, but he never said to where he moved, and he never changed his address. The Debtor now describes the Carpinteria Property as his primary residence. He also claims to be renting it out via www.ef.edu, which he does not explain, but appears to be a student foreign exchange program. He claims he is renting to a "bevy" of students and non-students.
The vague documents attached to the disclosure statement suggest that he has nine tenants living in the Carpinteria Property with his family.
Including his wife and daughter (whose attached paystubs list the property as their address), that would mean twelve people are living in the Carpinteria Property, a 2,000 square foot single-family residence. It could be true, but there is no evidence to support it or whether this is permissible under local law, and the court (and anyone reading the Disclosure Statement) would question how the Debtor generates income and uses the Carpinteria Property.
The Debtor also claims that documents attached to the third amended disclosure statement (the "Disclosure Statement," Docket No. 230) support
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sufficient income to fund his plan. Exhibt A are an assortment of Uber driving tax summaries and Meals on Wheels invoices that he does not total, but that the court calculates as showing a total of $10,474.12 (just a little more than one monthly payment of the regular amount due plus postpetition arrears payment on the Carpinteria Property).
Exhibit B are "contribution declarations" from the Debtor’s wife, daughter, and son as to monthly support of $1,200, $700, and $500 per month, respectively. None of these declarations include a commitment to maintain the support for the full term of the plan. According to Sabrina Martinez’s attached paystubs, she takes home about $900 every two weeks, so a contribution of $1,200/month is well over half of her take-home income. For Jessica Martinez, a contribution of $700/month appears to be about a quarter of her monthly take-home pay – though the information provided is for a very limited amount of time, so the court does not know if her income is regular and stable. For Jason Martinez, $500 appears to be almost half of his take-home pay.
The Debtor claims that he makes additional income renting rooms in the Carpinteria Property (which is supposedly a 4-bedroom house in which the Debtor and other members of his family live, but which the documents appear to show housed up to an additional nine tenants). He rented to students, but admits that students stopped renting due to COVID-19. He says now that he rents rooms to non-students and has "essentially replaced" the income, but all he provides as evidence is pre-COVID evidence regarding rental to students.
In support of his last plan, the Debtor also claimed he would have a massive increase in future income purportedly based on his work as a real estate broker. He offered what was supposedly evidence of expected future commissions. He still lists "estimated earnings" with "pipeline clients," but offers no evidence of actual income or what the basis for the "potential commissions" are.
The Debtor’s projected cash flow (Exhibit H) has some glaring issues:
It is for a very short period – through December 2020 (although
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it is titled as if it is for 12/1/19 to 5/31/20).
It anticipates anticipated real estate commissions of $69,050 by the end of this calendar year, when there is no evidence of any forthcoming commission.
It does not appear to account for any income tax liability for rental income, real estate commissions, or food deliveries
It reflects income of $4,400/month in rental income ($6,800 in December) for the Carpinteria Property with no evidence of any post-COVID rental income (much less any explanation of how a four-bedroom house can house both the Debtor’s family and enough people to generate that rental income).
It fails to account for the $3,000/month postpetition arrears payment due on the Carpinteria Property
The amount of the regular monthly payment on the Carpinteria Property is understated – according to the recent APO, the current payment is $6,359.75, not $6,240.34.
Perhaps most glaring is the fact that the court is unable to find any clear information in the Disclosure Statement as to what the Debtor’s payments will be under his plan. The cash flow statement doesn’t reflect any payments to creditors other than ongoing mortgage payments.
The Plan and Disclosure Statement are confusing as to the treatment of the first trust deed claim on the Carpinteria Property. The APO calls for payments of $3,000/month toward postpetition arrears until a plan is confirmed, and it appears the Debtor has just duplicated that language into his plan. Does that mean that he proposes to continue paying $3,000/month after the term of the APO under the Plan?
As to the rental income for the Oxnard and Lompoc Properties and possible unexpired leases the Debtor has never provided any information as to the various tenants of his properties or the terms of their tenancy. Counsel
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included boilerplate information about executory contracts and unexpired leases in the Plan and Disclosure Statement, but the Debtor does not specify any leases, and it does not appear that any tenant has ever been served in this case.
The Debtor scheduled, and includes in his liquidation analysis, vacant land in Pine Mountain Club. This land is the basis for the Class 4 secured HOA claim. The Plan provides for payment of the claim, but does not provide for ongoing HOA dues payments, and the Disclosure Statement does not include such payments in his cash flow statement.
There is no information in the Disclosure Statement from which the court can tell how the Debtor will pay his counsel’s estimated $20,000 in fees.
The court cannot approve this document.
Debtor(s):
Luis D. Martinez Represented By
Eric Bensamochan
11:30 AM
RE: [210] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)
FR. 7-21-20, 8-25-20
Docket 210
- NONE LISTED -
Debtor(s):
Selfridge Partners, LLC Represented By William E. Winfield
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
RE: [147] Debtor's Proposed Chapter 11 Plan of Reorganization FR. 1-21-20, 3-3-20, 5-5-20, 5-18-20, 7-23-20, 8-25-20
Docket 147
It appears that this plan can now be confirmed.
Debtor(s):
Selfridge Partners, LLC Represented By William E. Winfield
11:30 AM
FR. 7-21-20
Docket 1
Continue as the Debtor requests. Available dates are December 9 and December 21.
Debtor(s):
Green Pharmaceuticals, Inc. Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams
11:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Caroline Marie De Laurell Represented By Michael Jones Sara Tidd
11:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
CPES California, Inc. Represented By Ryan M Salzman
11:30 AM
Adv#: 9:19-01039 McBeth v. Platinum Investments Group, LLC et al
RE: [1] Adversary case 9:19-ap-01039. Complaint by Sandra K. McBeth against Platinum Investments Group, LLC, Idalid Byrns, Ryan Byrns. (Charge To Estate). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)) (Torres, Felicita)
FR. 10-10-19, 12-5-19, 5-5-20, 8-4-20
Docket 1
- NONE LISTED -
Debtor(s):
Ventura M Juarez Represented By
Michael Grennier - INACTIVE -
Defendant(s):
Platinum Investments Group, LLC Represented By
Reed H Olmstead
Idalid Byrns Represented By
Reed H Olmstead
Ryan Byrns Represented By
Reed H Olmstead
Joint Debtor(s):
Catalina G Juarez Represented By
Michael Grennier - INACTIVE -
Plaintiff(s):
Sandra K. McBeth Represented By
11:30 AM
Trustee(s):
Felicita A Torres
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
Adv#: 9:18-01071
Wilson v. United States Department of Education
Telephonic Hearing
#21.00 CONT'D Status Hearing
RE: [1] Adversary case 9:18-ap-01071. Complaint by Christopher Scott Wilson against United States Department of Education. Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)),(72 (Injunctive relief - other)) (Ridley, Eric)
FR. 2-12-19, 5-28-19, 10-15-19, 2-18-20, 6-16-20
Docket 1
- NONE LISTED -
Debtor(s):
Christopher Scott Wilson Represented By Eric Ridley
Defendant(s):
United States Department of Represented By Elan S Levey
Plaintiff(s):
Christopher Scott Wilson Represented By Eric Ridley
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:19-01011 Faith, Chapter 7 Trustee v. Dondiego
RE: [1] Adversary case 9:19-ap-01011. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Delia Dondiego. (Charge To Estate). Complaint for: (1) Avoidance of Fraudulent Transfer; (2) Recovery of Avoided Transfer; (3) Turnover of Property of the Estate; and (4) For Attorneys' Fees and Costs (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)) (Triplett, Meghann)
FR. 4-16-19, 6-12-19, 1-7-20, 1-8-20, 3-9-20
Docket 1
- NONE LISTED -
Debtor(s):
Sebastian DonDiego Represented By Daniel A Higson
Defendant(s):
Delia Dondiego Represented By Daniel A Higson
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Meghann A Triplett
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
Meghann A Triplett
11:30 AM
Adv#: 9:20-01038 McBeth v. Sanchez, Jr.
Docket 1
- NONE LISTED -
Debtor(s):
Anita Louise Laux Pro Se
Defendant(s):
Manuel Sanchez Jr. Pro Se
Plaintiff(s):
Sandra K. McBeth Represented By William C Beall
Trustee(s):
Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz
11:30 AM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/1617455184
ZoomGov meeting number: 161 745 5184
Password: 442827
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
11:30 AM
- NONE LISTED -
11:30 AM
Docket 46
- NONE LISTED -
Debtor(s):
Michael John Bostic Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:30 AM
Docket 10
The court has questions, in particular regarding the rental income actually being received and the debtor's ability to make adequate protection payments. The cash collateral budget is materially different from the schedules filed the same day.
Is this rental property even estate property?
The court will need independent evidence of rental income and expenditures made on the property beyond what has been already provided.
Debtor(s):
Hilary Taylor Johnson Represented By Onyinye N Anyama
11:30 AM
Docket 18
- NONE LISTED -
Debtor(s):
Mokhim Rasooli Pro Se
11:30 AM
Docket 5
NONE LISTED -
Debtor(s):
Mokhim Rasooli Pro Se
11:30 AM
Docket 202
NONE LISTED -
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
12:00 PM
RE: [296] Motion of California Debtors For Entry Of (I) An Order (A) Authorizing and Approving the Debtors Entry Into the Stalking Horse Asset Purchase Agreement, (B) Authorizing and Approving Bidding Procedures and Break-Up Fee, (C) Approving Notice Procedures, (D) Scheduling A Sale Hearing, and (E) Approving Procedures For Assumption and Assignment Of Certain Executory Contracts and Unexpired Leases and Determining Cure Amounts; and (II) an Order (A) Authorizing The Sale Of Substantially All Of The Debtors Assets Free and Clear Of All Liens, Claims, Encumbrances, and Interests, (B) Authorizing the Assumption and Assignment Of Certain Executory Contracts and Unexpired Leases; Memorandum Of Points and Authorities In Support Thereof with hearing set to be Held on September 8, 2020 at 11:30 a.m. (Salzman, Ryan)
FR. 9-14-20
Docket 296
The CPES matters will be called last on calendar.
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
12:00 PM
RE: [308] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: . (O'Brien, Sean)
FR. 9-14-20
Docket 308
NONE LISTED -
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Arizona Department of Economic Represented By
Jennifer Kalvestran Sean P O'Brien
11:30 AM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/1600476115
ZoomGov meeting number: 160 047 6115
Password: 851584
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
NONE LISTED -
11:30 AM
11:30 AM
Docket 369
If the trustee doesn't object, there appears to be cause to grant the requested relief. Federal Rule of Bankruptcy Procedure 7001 states: "The following are adversary proceedings: (8) a proceeding to subordinate any allowed claim or interest…" Courts apply the general rule that once a trustee has been elected and qualified, no general creditor has standing to contest another general creditor’s claim, unless the trustee, upon application, refuses to object and the court has authorized the creditor to proceed in the trustee’s name. Bunker Exploration Co. v. Clarke, 42 B.R. 297, 301 (Bankr. W.D. Okla. 1984). Furthermore, the right of individual creditors to object to the claim of another creditor, apart from the line of cases permitting some indirect mode of contest, is restricted in much the same manner as is the debtor’s right. While either may object before a trustee qualifies or where there is no trustee, once such officer has qualified it is on him that the duty rests to examine and take action concerning claims which would appear to be disentitled to allowance against the debtor’s assets. 3 L. King, Collier on Bankruptcy, ¶ 502.01 at
502-12 (15th ed. 1982).
The Movant states that the trustee in this case has consented to his filing of a claim for relief based on equitable subordination. As evidence of this, the motion attaches an email from counsel for the chapter 11 trustee indicating consent.
The objection to this motion does not contest the ability of parties such as the Movant to make a motion like this, or the consent of the trustee. The objection focuses on the issues of equitable subordination. Arguing that the Movant not met his burden of proof to prove equitable subordination would be appropriate at trial on the issue.
11:30 AM
Debtor(s):
Yu Hua Long Investments LLC Represented By
M. Jonathan Hayes
Trustee(s):
Timothy Yoo (TR) Represented By Philip A Gasteier Jeffrey S Kwong Timothy J Yoo
11:30 AM
Docket 22
NONE LISTED -
Debtor(s):
Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff
11:30 AM
Docket 1
NONE LISTED -
Debtor(s):
Alexx Brown, LLC Represented By Andrew Goodman
11:30 AM
Adv#: 2:19-01014 Gotfredson v. Wong et al
Docket 5
NONE LISTED -
Debtor(s):
Eliminator Custom Boats, Inc. Represented By James E Till
Defendant(s):
James Y Wong Pro Se
Armory Consulting Co. Pro Se
Eliminator Custom Boats, Inc. Represented By James E Till
Plaintiff(s):
Elliott Gotfredson Represented By
E Jay Gotfredson James E Till
11:30 AM
Adv#: 2:15-01238 Grobstein v. Bay Area Seafood, Inc.
Docket 51
The court doesn't understand the level of animosity in the papers.
There doesn't seem to be any bad faith here, and there isn't any meaningful prejudice to anyone in a short delay related to allowing limited discovery responses.
Grant the Motion to the extent it requests withdrawal of the deemed admitted RFAs. Extend the discovery cutoff to permit responses to the RFAs, Interrogatories, and RFP within 14 days of entry of the order. Deny the Plaintiff’s request for fees incurred in opposition (no cause has been shown and no authority was cited).
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut Michael S Cryan
Defendant(s):
Bay Area Seafood, Inc. Represented By Judy Tsai
Movant(s):
Bay Area Seafood, Inc. Represented By Judy Tsai
11:30 AM
Plaintiff(s):
Howard Grobstein Represented By Lindsey L Smith Anthony A Friedman
Trustee(s):
Howard B Grobstein Represented By Lindsey L Smith Larry W Gabriel Reagan E Boyce Anthony A Friedman Eve H Karasik
Gary E Klausner
11:30 AM
Adv#: 2:15-01238 Grobstein v. Bay Area Seafood, Inc.
Docket 50
NONE LISTED -
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut Michael S Cryan
Defendant(s):
Bay Area Seafood, Inc. Represented By Judy Tsai
Movant(s):
Bay Area Seafood, Inc. Represented By Judy Tsai
Plaintiff(s):
Howard Grobstein Represented By Lindsey L Smith Anthony A Friedman
Trustee(s):
Howard B Grobstein Represented By Lindsey L Smith Larry W Gabriel Reagan E Boyce
11:30 AM
Anthony A Friedman Eve H Karasik
Gary E Klausner
12:00 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
NONE LISTED -
12:00 PM
FR. 9-14-20, 9-23-20
******
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the
12:00 PM
information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 296
NONE LISTED -
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
12:00 PM
RE: [308] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM. (O'Brien, Sean)
FR. 9-14-20, 9-23-20
******
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 308
12:00 PM
NONE LISTED -
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Arizona Department of Economic Represented By
Jennifer Kalvestran Sean P O'Brien
1:30 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/saltzman ZoomGov meeting ID number: 160 504 8285
Password: 160889
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
NONE LISTED -
1:30 PM
Docket 36
NONE LISTED -
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Trustee(s):
Susan K Seflin (TR) Pro Se
1:30 PM
Docket 37
NONE LISTED -
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Trustee(s):
Susan K Seflin (TR) Pro Se
1:30 PM
Docket 38
NONE LISTED -
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Trustee(s):
Susan K Seflin (TR) Pro Se
2:00 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j ZoomGov ID meeting number: 1602660877
Password: 256203
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
NONE LISTED -
2:00 PM
Docket 202
NONE LISTED -
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
NONE LISTED -
11:30 AM
Docket 78
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
Debtor(s):
Garland Chester Represented By Vaughn C Taus
Joint Debtor(s):
11:30 AM
Juliet Chester Represented By Vaughn C Taus
Movant(s):
Deutsche Bank National Trust Represented By Sean C Ferry Eric P Enciso
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 59
There is cause for relief under section 362(d)(1).
The movant also seeks codebtor stay relief as to non-debtor Jacque Monaghan Barberie, but the motion was not served on Jacque Monaghan Barberie as required by LBR 4001-1(c)(1)(C)(iii).
Grant without codebtor stay relief or continue for service on codebtor.
Debtor(s):
Robert Barberie Represented By Patricia Rodriguez Eric Rasmussen
Movant(s):
Wilmington Savings Fund Society, Represented By
Erin M McCartney
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 22
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Amanda Grace Schaller Represented By Robert E Traylor
Joint Debtor(s):
Rachelle Lynn Schaller Represented By
11:30 AM
Movant(s):
Robert E Traylor
U.S. Bank National Association Represented By Robert P Zahradka
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 0
NONE LISTED -
Debtor(s):
Kari Lee Represented By
Leon D Bayer Jeffrey N Wishman Marcus G Tiggs
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 10
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Josue Ismael Talamantez Represented By Karen Ware
Movant(s):
Honda Lease Trust Represented By Vincent V Frounjian
11:30 AM
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [82] Application for Compensation for Nelson Comis Kettle & Kinney LLP, Debtor's Attorney, Period: 1/17/2020 to 5/19/2020, Fee: $19110.00, Expenses:
$22.50.
FR. 9-14-20
Docket 82
At the 9/14 hearing, it appeared there would be an order lodged to resolve this matter.
9/14 Tentative Ruling:
Is counsel holding any funds from the retainer?
Debtor(s):
AIS Construction Company Represented By William E. Winfield
Movant(s):
Nelson Comis Kettle & Kinney LLP Represented By
William E. Winfield
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [45] Motion TRUSTEES OBJECTION TO DEBTORS CLAIMED HOMESTEAD EXEMPTION; DECLARATION OF REED H. OLMSTEAD
(Olmstead, Reed)
Docket 45
NONE LISTED -
Debtor(s):
Heather Vallier Represented By Nathan Berneman Nathan A Berneman
Movant(s):
Jerry Namba (TR) Represented By Reed H Olmstead
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
11:30 AM
Docket 46
The motion is unopposed.
The evidence supports the motion's argument that the proposed compromise is fair, equitable, reasonable, and in the best interests of the estate and creditors. Grant the motion to the extent it requests approval.
As to the proposed sale and sale procedures:
Approve the proposed procedures.
Approve the sale to the buyer identified in the motion subject to overbid at the hearing.
Debtor(s):
Ventura M Juarez Represented By
Michael Grennier - INACTIVE -
Joint Debtor(s):
Catalina G Juarez Represented By
Michael Grennier - INACTIVE -
Movant(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
OLMSTEAD (Olmstead, Reed)
Docket 118
Service.
Service of the Motion and the notice of motion was attempted on the CDTFA at: California Dept of Tax and Fee Administration
Special Ops MIC:55 Sacramento, CA 94279-0055
This address omits the P.O. box line from the correct address, as set forth on the CDTFA proof of claim (Claim 5). The Motion should have been sent to P.O. Box 942879 at the city and ZIP code above.
Merits.
The costs and expenses of preserving or disposing of property encumbered by an allowed secured claim may be recovered by a trustee from the value of the property under the theory commonly referred to as a trustee’s right to "surcharge" the collateral. 11 U.S.C. § 506(c). Section 506(c) is limited to costs and expenses incurred directly to protect, preserve or dispose of specific encumbered property; it is not intended as a substitute for the recovery of normal administrative expenses from the debtor’s estate. FDIC v. Jenson (In re Jenson), 980 F.2d 1254, 1260 (9th Cir. 1992). The trustee must show that the expenditures were: necessary, reasonable, made to preserve the collateral, and of direct benefit to the creditor. Central Bank of Mont. V. Cascade Hydraulics and Util. Serv., Inc. (In re Cascade Hydraulics & Util. Serv., Inc.), 815 F.2d 546, 548 (9th Cir. 1987). A secured creditor may not be charged with the expense of preserving or disposing of the collateral unless it: (1) consented to the trustee’s incurring the expense; or (2) when the reasonable and necessary expense was
11:30 AM
incurred primarily for the creditor’s benefit. Id. at 548; Compton Impressions, Inc. v. Queen City Bank, N.A. (In re Compton Impressions, Ltd.), 217 F.3d 1256, 1260 (9th Cir. 2000). The party seeking recovery (i.e., the trustee) bears the burden of proof on the above issues. In re Jenson, 980 F.2d at 1260. In the Ninth Circuit, the burden imposed to show the above requirements is "onerous." Debbie Reynolds Hotel & Casino, Inc. v. Calstar Corp. (In re Debbie Reynolds Hotel & Casino, Inc.), 255 F.3d 1061, 1068 (9th Cir. 2001).
The Motion doesn't explain the nature of the CDTFA demand for proceeds of the sale such that the court can conclude that the CDTFA’s interest is one to which § 506(c) would apply. The CDTFA filed two claims in this case. Claim 5 is supported by a proof of claim asserting an unsecured tax claim of $320. Claim 7 is a form other than the court’s proof of claim form asserting an administrative expense claim for postpetition taxes. The amended version of Claim 7, filed 12/12/18, asserts an administrative expense claim for $45,173.87. There is no indication in either claim of an asserted security interest. Accordingly, unless the Trustee provides some other information, the court cannot conclude that the basis for the CDTFA’s demand for sale proceeds was based on a secured claim within the scope of § 506(c).
The Trustee also fails to explain the basis for his retention of the $2,500 deposit paid by the overbidder. Presumably that would also be sale proceeds – why was this not paid to the CDTFA or applied to the expenses the Trustee seeks to surcharge?
Continue for proper service and supplemental briefing answering the court's questions.
Debtor(s):
Cisco's Westlake Village Corporation Represented By
Andrew S Mansfield
Movant(s):
Jerry Namba (TR) Represented By Reed H Olmstead
Trustee(s):
Jerry Namba (TR) Represented By
11:30 AM
Reed H Olmstead
11:30 AM
Docket 126
Please focus at oral argument on cause for relief under section 362(d)(2).
Debtor(s):
Brigham G. Field Represented By
D Edward Hays Tinho Mang David Wood
Movant(s):
Genova Capital, Inc. Represented By Andrew Mase Timothy M Ryan
11:30 AM
RE: [81] Motion for Entry of Chapter 11 Discharge
Docket 81
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant. Movant to lodge order within seven days.
Debtor(s):
Edward L Fuller Represented By Chris Gautschi
Movant(s):
Edward L Fuller Represented By Chris Gautschi
11:30 AM
Docket 50
NONE LISTED -
Debtor(s):
Bruce Matthew Burke Represented By Arasto Farsad
Joint Debtor(s):
Jasmine Jaruda Burke Represented By Arasto Farsad
Movant(s):
Bruce Matthew Burke Represented By Arasto Farsad Arasto Farsad
Jasmine Jaruda Burke Represented By Arasto Farsad Arasto Farsad
11:30 AM
RE: [3] Motion to Use Cash Collateral FR. 9-8-20
Docket 3
Approve the stipulation for use of cash collateral.
Debtor(s):
Valley Farm Supply, Inc. Represented By William C Beall Carissa N Horowitz
Movant(s):
Valley Farm Supply, Inc. Represented By William C Beall William C Beall Carissa N Horowitz Carissa N Horowitz
11:30 AM
Docket 484
NONE LISTED -
Debtor(s):
Aimee Nozzi Represented By
Stella A Havkin
11:30 AM
FR. 9-8-20
Docket 1
NONE LISTED -
Debtor(s):
Christiaan Johannes De Nysschen Represented By
Vaughn C Taus
Joint Debtor(s):
Maria Catharina De Nysschen Represented By Vaughn C Taus
11:30 AM
RE: [256] Motion of California Debtors for Entry of (I) an Order (A) Authorizing and Approving the California Debtors' Entry Into and Assumption of the Stalking Horse Asset Purchase Agreement, (B) Authorizing and Approving Bidding Procedures and Break-Up Fee, (C) Approving Notice Procedures, (D) Scheduling a Sale Hearing, and (E) Approving Procedures for Assumption and Assignment of Certain Executory Contracts and Unexpired Leases and Determining Cure Amounts; and (II) an Order (A) Authorizing the Sale of Substantially all of the California Debtors' Assets Free and Clear of All Liens, Claims, Encumbrances, and Interests, (B) Authorizing the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases; Memorandum of Points and Authorities in Support Thereof (Salzman, Ryan)
FR. 9-8-20
Docket 256
This matter will be last on the calendar on 10/6.
The movant's main counsel must appear by video and walk through cause for all relief requested. Be sure to address any pending objections.
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
11:30 AM
Adv#: 9:20-01044 Western Star Financial, Inc. v. Sunny Acre, LLC, a limited liability company
RE: [1] Adversary case 9:20-ap-01044. Complaint by Western Star Financial, Inc. against Sunny Acre, LLC, a limited liability company, TSASU, LLC, a limited liability company, Westminster Title Company, Inc., Corp Realty USA, LLC, a limited liability company, Edgard Augusto Meinhardt Iturbe, DOES 1-10 inclusive. (21 (Validity, priority or extent of lien or other interest in property)),(72 (Injunctive relief - other)),(14 (Recovery of money/property - other)) (Turoci, Todd)
Docket 1
NONE LISTED -
Debtor(s):
Edgar Augusto Meinhardt Iturbe Pro Se
Defendant(s):
Sunny Acre, LLC, a limited liability Pro Se TSASU, LLC, a limited liability Pro Se
Westminster Title Company, Inc. Represented By
Nichole M Wong
Corp Realty USA, LLC, a limited Represented By
Mani Sheik
Edgard Augusto Meinhardt Iturbe Pro Se
DOES 1-10 inclusive Pro Se
First American Title Insurance Pro Se
11:30 AM
Plaintiff(s):
Western Star Financial, Inc. Represented By Todd L Turoci
11:30 AM
Adv#: 9:20-01026 Faith v. Reed
RE: [1] Adversary case 9:20-ap-01026. Complaint by Jeremy Faith against Kimberly Reed. (Charge To Estate). Complaint: (1) To Avoid Preferential Transfers Pursuant to 11 U.S.C. § 547; (2) To Avoid Fraudulent Transfer Pursuant to 11 U.S.C. § 548(a)(1)(A); (3) To Avoid Fraudulent Transfer Pursuant to 11 U.S.C. § 548(a)(1)(B); (4) For Recovery of Avoided Transfers Under 11
U.S.C. § 550; (5) To Preserve Transfer for the Benefit of the Estate Pursuant to 11 U.S.C. § 551, (6) For Authorization to Sell Real Property in Which Co- Owner Holds Interest Pursuant to 11 U.S.C. § 363(h); and (7) For Turnover of Property of the Estate (with Proof of Service) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(31 (Approval of sale of property of estate and of a co- owner - 363(h))),(11 (Recovery of money/property - 542 turnover of property)) (Goodrich, David)
FR. 5-5-20, 7-21-20, 8-25-20
Docket 1
NONE LISTED -
Debtor(s):
Kevin B. Gilgallon Represented By Karen Ware
Defendant(s):
Kimberly Reed Pro Se
Plaintiff(s):
Jeremy Faith Represented By
David M Goodrich
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Represented By David M Goodrich
11:30 AM
Adv#: 9:20-01043 McBeth v. Mansera
Docket 1
NONE LISTED -
Debtor(s):
Peter Alvara Represented By
Michael B Clayton
Defendant(s):
Simon N Mansera Pro Se
Joint Debtor(s):
Mercedes R Alvara Represented By Michael B Clayton
Plaintiff(s):
Sandra K McBeth Represented By Leslie A Tos Paul F Ready
Trustee(s):
Sandra McBeth (TR) Represented By Paul F Ready Leslie A Tos
11:30 AM
#0.00 All hearings on this 11:30 AM calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/1609902309 ZoomGov meeting number: 160 990 2309
Password: 037033
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
NONE LISTED -
11:30 AM
Docket 39
- NONE LISTED -
Debtor(s):
33 Valley, LLC Represented By Raymond H. Aver
11:30 AM
Docket 76
In light of the strong preference of the Debtor’s two largest creditors (or at least its largest creditor) for conversion, the apparent availability of at least some assets that could be liquidated for the benefit of creditors, and the lack of evidence offered by the Debtor to support a finding that dismissal would be in the best interests of creditors and the estate, conversion seems more appropriate here.
Debtor(s):
Studio Production Center, Inc. Represented By Mark E Brenner Mark E Brenner
11:30 AM
Docket 94
- NONE LISTED -
Debtor(s):
Ketab Corporation Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:30 AM
Los Angeles, CA 90077
fr. 11-20-19, 1-7-20, 1-8-20
fr. 3-10-20, 4-29-20
Fr. 7-1-20 fr.8-26-20 fr. 9-3-20
Docket 29
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Nathan F Smith
11:30 AM
fr. 1-8-20,3-10-20, 4-29-20
Fr. 7-1-20 fr.8-26-20 fr. 9-3-20
Docket 52
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:30 AM
fr. 1-7-20, 1-8-20,3-10-20, 4-29-20
Fr. 7-1-20,9-3-20,
Docket 42
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:30 AM
fr.9-10-19, 11-6-19, 11-20-19
fr. 1-7-20, 1-8-20,3-10-20
fr. 4-29-20
Fr. 7-1-20 fr.8-26-20 fr. 9-3-20
Docket 1
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:30 AM
Docket 46
Why is the "new value" contribution so low? Does it satisfy the standard?
Debtor(s):
Michael John Bostic Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
12:30 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/1603133084
ZoomGov meeting number: 160 313 3084
Password: 078019
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
Docket 0
- NONE LISTED -
12:30 PM
fr. 9-24-20
Docket 22
- NONE LISTED -
Debtor(s):
Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff
12:30 PM
fr. 9-24-20
Docket 1
While the court understands that the debtor was unable for some time to access some information about its business, the debtor has not requested or been granted any excuse for not filing any status report in this case (as of 10/6/20). Given the continuing compliance stipulation with the UST, presumably the debtor has some information it could have reported to the court.
Debtor(s):
Alexx Brown, LLC Represented By Andrew Goodman
12:30 PM
Adv#: 2:20-01621 Alexx Brown, LLC v. Brown et al
Docket 5
- NONE LISTED -
Debtor(s):
Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff
Defendant(s):
Alexxander Brown Pro Se
John Does 1-10 Pro Se
Plaintiff(s):
Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff
2:00 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
2:00 PM
RE: [256] Motion of California Debtors for Entry of (I) an Order (A) Authorizing and Approving the California Debtors' Entry Into and Assumption of the Stalking Horse Asset Purchase Agreement, (B) Authorizing and Approving Bidding Procedures and Break-Up Fee, (C) Approving Notice Procedures, (D) Scheduling a Sale Hearing, and (E) Approving Procedures for Assumption and Assignment of Certain Executory Contracts and Unexpired Leases and Determining Cure Amounts; and (II) an Order (A) Authorizing the Sale of Substantially all of the California Debtors' Assets Free and Clear of All Liens, Claims, Encumbrances, and Interests, (B) Authorizing the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases; Memorandum of Points and Authorities in Support Thereof (Salzman, Ryan)
FR. 9-8-20, 10-6-20
Docket 256
This matter will be last on the calendar on 10/6.
The movant's main counsel must appear by video and walk through cause for all relief requested. Be sure to address any pending objections.
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
Movant(s):
Community Provider of Enrichment Represented By
Ryan M Salzman Ryan M Salzman Ryan M Salzman
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et
RE: [1] and [156] Amended Complaint First by Christian A Orozco on behalf of Corporate Recovery Associates, LLC against all defendants. (RE: related document(s)1 Adversary case 9:18-ap-01058. Complaint by Corporate Recovery Associates, LLC against Blue Wolf Capital Partners, LLC, Blue Wolf Capial Fund II, L.P., Gladstone Investment Corporation, Blue Wolf Capital Advisors L.P., BW Piezo Holdings, LLC, Fidus Investment Corporation, Fidus Mezzanine Capital II, L.P., Avante Mezzanine Partners SBIC, LP, Avante Mezzanine Partners II, Inc., Pengdi Han, Dhan, LLC, Grant Thornton, LLP, CTG Advanced Materials, LLC, CTS Corporation, Electro Optical Industries, Duff & Phelps, and CIT Bank, N.A. (Charge To Estate). Original Complaint Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) filed by Plaintiff Corporate Recovery Associates, LLC). (Orozco, Christian)
FR. 2-11-19, 3-18-19, 5-14-19, 6-12-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19
ADVANCED FROM 1-8-20, 1-7-20, 2-4-20, 4-28-20, 8-25-20
Docket 156
The court understands that mediation was not successful.
The dates in the status report for trial are pretty different. When would you suggest a trial date?
Initial disclosures need to be completed in accordance with the rules. Are the parties really going to argue about this?
When do Defendants plan to file their summary judgment motion? Do Plaintiffs intend to file a similar motion? When?
The court can set dates for full compliance for initial disclosures, other discovery
11:30 AM
deadlines, and a further status conference. Other deadlines might be appropriate now too.
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
Blue Wolf Capital Partners, LLC Represented By
Christopher O Rivas Howard Steinberg
Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg
Gladstone Investment Corporation Represented By
Cheryl S Chang Craig N Haring
Blue Wolf Capital Advisors L.P. Represented By
Christopher O Rivas Howard Steinberg
BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg
CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin
CTS Corporation Represented By Jonathan Boustani Paul J Laurin
Electro Optical Industries Represented By
11:30 AM
Peter J Benvenutti Tobias S Keller David A Taylor
Duff & Phelps Represented By Christopher O Rivas
CIT BANK, N.A. Pro Se
Plaintiff(s):
Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia
11:30 AM
Adv#: 9:20-01023 Namba, Chapter 7 Trustee v. Quinn Emanuel Urquhart & Sullivan, LLP
RE: [1] Adversary case 9:20-ap-01023. Complaint by Jerry Namba, Chapter 7 Trustee against Quinn Emanuel Urquhart & Sullivan, LLP. (Charge To Estate). Nature of Suit: (91 (Declaratory judgment)),(12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other)) (Tedford, John)
FR. 4-28-20, 5-18-20, 6-16-20, 7-8-20, 7-21-20
Docket 1
The court understands that the parties need about a year to complete discovery and won't be ready for trial until the spring of 2022.
What deadlines would the parties like the court to set at this time?
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Defendant(s):
Quinn Emanuel Urquhart & Represented By Jennifer L Nassiri
Kenneth John Shaffer
Plaintiff(s):
Jerry Namba, Chapter 7 Trustee Represented By
Sonia Singh
John N Tedford IV Eric P Israel Michael G D'Alba
11:30 AM
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
Adv#: 9:19-01014 Williams v. Lytel
Docket 47
The inquiry for today is whether the arbitration report findings preclude the litigation now before this court. The claims in arbitration were breach of fiduciary duty, negligent misrepresentation, negligence, intentional misrepresentation, and breach of contract. In this adversary proceeding, the claim is for fraud or defalcation while acting in a fiduciary capacity. Similar analysis may be involved, but the issues are not identical. It's important to note that while there was a finding of no intentional fraud, defalcation can be found without a finding of intent to defraud. In re Lewis, 97 F.3d 1182, 1187 (9th Cir. 1996).
And there are numerous factual issues related to whether a trust existed between the Plaintiff and Defendant.
It doesn't appear that the movant has established that summary judgment is appropriate here.
Debtor(s):
Kipley James Lytel Represented By Matthew D. Resnik
Defendant(s):
Kipley James Lytel Represented By
M. Jonathan Hayes
Movant(s):
Kipley James Lytel Represented By
11:30 AM
M. Jonathan Hayes
Plaintiff(s):
Oscar Williams Represented By William C Beall
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
Adv#: 9:19-01014 Williams v. Lytel
RE: [25] Amended Complaint with proof of service by William C Beall on behalf of Oscar Williams against Kipley James Lytel. (RE: related document(s)1 Adversary case 9:19-ap-01014. Complaint by Oscar Williams, Kipley James Lytel against Kipley James Lytel. (Beall, William)
FR. 12-5-19, 2-18-20, 5-5-20, 6-16-20
Docket 25
- NONE LISTED -
Debtor(s):
Kipley James Lytel Represented By Matthew D. Resnik
Defendant(s):
Kipley James Lytel Represented By
M. Jonathan Hayes
Plaintiff(s):
Oscar Williams Represented By William C Beall
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
Adv#: 9:20-01015 Atkinson v. Luster et al
RE: [1] Adversary case 9:20-ap-01015. Complaint by Dora Atkinson against Joshua Michael Luster, Katherine Michelle Luster, Luster Construction, Hudson Insurance Company, Gary Luster, and DOES 1-10. willful and malicious injury)),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Kwasigroch, Michael)
FR. 4-13-20, 5-18-20, 8-25-20
AND
Status Hearing
RE: [6] Counterclaim by Joshua Michael Luster, Katherine Michelle Luster against Michael Kwasigroch, Dora Atkinson (Faucher, John)
Docket 6
- NONE LISTED -
Debtor(s):
Joshua Michael Luster Represented By John D Faucher
Defendant(s):
Joshua Michael Luster Represented By John D Faucher
Katherine Michelle Luster Represented By John D Faucher
Luster Construction Services Corp. Pro Se DOES 1-10 Pro Se
11:30 AM
Joint Debtor(s):
Katherine Michelle Luster Represented By John D Faucher
Plaintiff(s):
Dora Atkinson Represented By
Michael D Kwasigroch
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
RE: [44] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 205 S Sage St, Lompoc, California 93436-6422 with Exhibits and Proof of Service. (Zahradka, Robert)
FR. 5-7-20, 5-13-20, 8-4-20
Docket 44
At the hearing on 5/13/20, the Movant reported that the Debtor had received forbearance through July. The Movant requested a continuance to August to see whether the Debtor would be able to pay arrears at that point.
Please update the court.
Debtor(s):
Rocelia Rodriguez Solis Represented By James C Ames
Movant(s):
Quicken Loans Inc. Represented By Robert P Zahradka
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 14
- NONE LISTED -
Debtor(s):
Sammie Pearl Stones Represented By
Rabin J Pournazarian
Movant(s):
Sammie Pearl Stones Represented By
Rabin J Pournazarian Rabin J Pournazarian
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [63] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1759 Starpine Way, Simi Valley, CA 93065 with proof of service.
FR. 8-25-20
Docket 63
The Movant has not provided caselaw showing that failure to make postpetition HOA assessment payments constitutes "cause" under § 362(d) (1). The court understands from the motion that the Debtors have only missed two payments of $112 each.
Debtor(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Joint Debtor(s):
Holli Kolkowski Represented By Bryan Diaz
Movant(s):
Simi Village Homeowners Represented By
Misty A Perry Isaacson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [50] Motion to vacate order Motion for Relief From Stay, Filed by Debtor FR. 7-21-20, 9-14-20
Docket 50
Please update the court on whether the parties were able to resolve this matter.
Debtor(s):
Pablo Valencia Represented By Matthew D. Resnik
Movant(s):
Pablo Valencia Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Adv#: 9:20-01027 Namba v. Rojas et al
RE: [1] Adversary case 9:20-ap-01027. Complaint by Jerry Namba against James Rojas, Sugira Limited, LLC, AKA Sugari Limited, LLC, Texas Tart, LLC, a California Limited Liability Company, Texas Tart, LLC, a Delaware Limited Liability Company, Texas Tart, a Delaware Corporation, Dru Peterson, Susan Peterson, Jodi A. Proud. (Charge To Estate). (Attachments: # 1 Exhibit A) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Altman, Louis)
FR. 5-5-20, 8-10-20
Docket 1
Continued to 10/14/20 at the Plaintiff's request (Defendant has not appeared or answered).
No appearances on 8/10/20 unless counsel would like to request another date.
Debtor(s):
Canyon Crest Ranch Partners- Represented By Dana M Douglas
Defendant(s):
James Rojas Pro Se
Sugira Limited, LLC, AKA Sugari Pro Se Texas Tart, LLC, a California Pro Se
Texas Tart, LLC, a Delaware Pro Se
11:30 AM
Texas Tart, a Delaware Corporation Pro Se Dru Peterson Pro Se
Susan Peterson Pro Se
Jodi A. Proud Pro Se
Plaintiff(s):
Jerry Namba Represented By
Louis H Altman Vanessa M Haberbush
Trustee(s):
Jerry Namba (TR) Represented By Aaron E de Leest Brad Krasnoff
11:30 AM
Adv#: 9:19-01005 Rosson v. CITIMORTGAGE, INC et al
RE: [40] Adversary case 9:19-ap-01005. Amended Complaint by Scott Rosson against CITIMORTGAGE, INC, Cenlar FSB. (Charge To Estate). and summons and B104 cover sheet Nature of Suit: (91 (Declaratory judgment)),(21 (Validity, priority or extent of lien or other interest in property)) (Kwasigroch, Michael)
FR. 4-29-19, 6-5-19, 6-21-19, 9-18-19, 12-6-19, 12-18-19, 3-25-20, 7-21-20
Docket 40
Ruling for 3/25/20: Continued to 7/15/20 at 2:30 p.m. No updated status report needed.
March 25, 2020
Telephonic Hearing Only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT
(866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for December 18, 2019
The Court will conduct a status conference on March 25, 2020 at 2:30 p.m.
Ruling for 9/18/19: Continued to 12/6/19 at 1:30 p.m. Plaintiff to lodge the scheduling order. New status report is not required.
Ruling for 6/21/19: Continued to 9/18/19 at 1:30 p.m.
Ruling for June 5, 2019
11:30 AM
The hearing is continued to June 21, 2019 at 2:30 p.m. No new status report is required.
Debtor(s):
Scott Rosson Represented By
Michael D Kwasigroch
Defendant(s):
CITIMORTGAGE, INC Represented By Eddie R Jimenez Jillian A Benbow
Cenlar FSB Represented By
Eddie R Jimenez Jillian A Benbow
Plaintiff(s):
Scott Rosson Represented By
Michael D Kwasigroch
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Adv#: 9:19-01037 McBeth v. Chavez
RE: [1] Adversary case 9:19-ap-01037. Complaint by Sandra K. McBeth against Javier Chavez. (Charge To Estate). Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Sholder, Joseph)
FR. 9-26-19, 12-17-19, 3-24-20, 8-4-20
Docket 1
- NONE LISTED -
Debtor(s):
Carolina Chavez Represented By Andrew S Mansfield
Defendant(s):
Javier Chavez Represented By Larry D Webb
Plaintiff(s):
Sandra K. McBeth Represented By Joseph M Sholder
Trustee(s):
Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres
11:30 AM
Adv#: 9:19-01046 Kapitus Servicing, Inc., formerly known as Colonia v. McMahon et al
RE: [1] Adversary case 9:19-ap-01046. Complaint by Kapitus Servicing, Inc., formerly known as Colonial Funding Network, Inc., as servicing agent for Cashio against Kenneth L. McMahon, Jacqueline Lee McMahon. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Harvey, Brian)
FR: 10-29-19, 2-4-20, 4-7-20, 6-16-20, 8-18-20
Docket 1
- NONE LISTED -
Debtor(s):
Kenneth L. McMahon Represented By Andrew S Mansfield
Defendant(s):
Kenneth L. McMahon Represented By Christina Vanarelli
Jacqueline Lee McMahon Represented By Christina Vanarelli
Joint Debtor(s):
Jacqueline Lee McMahon Represented By Andrew S Mansfield
Plaintiff(s):
Kapitus Servicing, Inc., formerly Represented By
11:30 AM
Trustee(s):
Brian T Harvey
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:19-01052 Colebrook et al v. Bowen Gardner et al
FR. 11-19-19, 12-5-19, 2-18-20, 4-7-20, 6-23-20
Docket 9
There has been no docket activity since April. Have the defendants retained counsel? They need to set the motion to dismiss for hearing. Does the plaintiff intend to correct the errors in attempting to add plaintiffs?
Debtor(s):
Andrea Bowen-Gardner Represented By Reed H Olmstead
Defendant(s):
Andrea Bowen Gardner Pro Se
Philip Gardner Pro Se
Joint Debtor(s):
Philip Gardner Represented By Reed H Olmstead
Plaintiff(s):
Teena Colebrook Pro Se
11:30 AM
Colleen Craig Pro Se
Kevin Rock Pro Se
Richard Viar Pro Se
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Reaffirmation Hearing Date Set
RE: [18] Reaffirmation Agreement Between Debtor and Ford Motor Credit Company LLC (2018 Ford Explorer)
FR. 9-16-20
Docket 18
- NONE LISTED -
Debtor(s):
Daniel R Ford Represented By David R Hagen
Joint Debtor(s):
Anna M Ford Represented By
David R Hagen
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Reaffirmation Hearing Date Set
RE: [15] Reaffirmation Agreement Between Debtor and Americredit Financial Services, Inc. Dba GM Financial (Nunez, Lorenzo)
FR. 9-16-20
Docket 15
- NONE LISTED -
Debtor(s):
Dustin Baptiste Heon Represented By Edwin J Rambuski
Joint Debtor(s):
Autumn Kim Numbers Represented By Edwin J Rambuski
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Reaffirmation Hearing Date Set
RE: [13] Reaffirmation Agreement Between Debtor and Ally Bank FR. 9-16-20
Docket 13
- NONE LISTED -
Debtor(s):
Reno Nicholas Heon Represented By Edwin J Rambuski
Joint Debtor(s):
Christina Marie Heon Represented By Edwin J Rambuski
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 14
- NONE LISTED -
Debtor(s):
Cassandra Donnene Chamberlain Represented By
Daniel A Higson
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [17] Reaffirmation Agreement Between Debtor and Global Lending Services, LLC (Rafferty, John)
Docket 17
- NONE LISTED -
Debtor(s):
Daniel L Fulton Represented By Jerry Namba
Joint Debtor(s):
James L Brenneman III Represented By Jerry Namba
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Reaffirmation Hearing Date Set
RE: [8] Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Rafferty, John)
FR. 9-16-20
Docket 8
- NONE LISTED -
Debtor(s):
Sengkeo Aphayaraj Represented By Brian Nomi
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 14
- NONE LISTED -
Debtor(s):
John Arthur Nau Represented By David Joel Follin
Joint Debtor(s):
Mitzie Lou Nau Represented By David Joel Follin
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 14
- NONE LISTED -
Debtor(s):
Sonia Estrella Represented By Janet A Lawson
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 15
- NONE LISTED -
Debtor(s):
Sonia Estrella Represented By Janet A Lawson
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Patricia Ann Pizarro Represented By Reed H Olmstead
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Anthony D Cercone Represented By Michael B Clayton
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Michael Lazaro Represented By Susan Salehi
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Elton Graff Represented By
Nathan A Berneman
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 24
- NONE LISTED -
Debtor(s):
Nina Montserrat McConnell Hatch Represented By
Karen L Grant
Joint Debtor(s):
Jeffrey Alan Hatch Represented By Karen L Grant
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Rachel Lauren Arnold Represented By Ali R Nader
Trustee(s):
Sandra McBeth (TR) Pro Se
1:30 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
1:30 PM
Docket 6
- NONE LISTED -
Debtor(s):
Coto Investments, Inc. Represented By Robert P Goe Charity J Manee
Movant(s):
Coto Investments, Inc. Represented By Robert P Goe Robert P Goe Charity J Manee Charity J Manee
1:30 PM
Docket 7
- NONE LISTED -
Debtor(s):
Coto Investments, Inc. Represented By Robert P Goe Charity J Manee
Movant(s):
Coto Investments, Inc. Represented By Robert P Goe Robert P Goe Charity J Manee Charity J Manee
1:30 PM
Docket 8
- NONE LISTED -
Debtor(s):
Coto Investments, Inc. Represented By Robert P Goe Charity J Manee
Movant(s):
Coto Investments, Inc. Represented By Robert P Goe Robert P Goe Charity J Manee Charity J Manee
1:30 PM
Docket 9
- NONE LISTED -
Debtor(s):
Coto Investments, Inc. Represented By Robert P Goe Charity J Manee
Movant(s):
Coto Investments, Inc. Represented By Robert P Goe Robert P Goe Charity J Manee Charity J Manee
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/1610806011 ZoomGov meeting number: 161 808 6011
Password: 334400
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
Docket 65
- NONE LISTED -
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Trustee(s):
Susan K Seflin (TR) Pro Se
11:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
11:30 AM
Adv#: 2:19-01014 Gotfredson v. Wong et al
Fr. 8-12-20
Docket 1
The court won't consider remand without a noticed motion and opportunity to respond. FRBP 9027(d), 9014.
Debtor(s):
Eliminator Custom Boats, Inc. Represented By James E Till
Defendant(s):
James Y Wong Pro Se
Armory Consulting Co. Pro Se
Eliminator Custom Boats, Inc. Represented By James E Till
Plaintiff(s):
Elliott Gotfredson Represented By
E Jay Gotfredson James E Till
11:30 AM
Adv#: 2:20-01621 Alexx Brown, LLC v. Brown et al
Docket 5
- NONE LISTED -
Debtor(s):
Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff
Defendant(s):
Alexxander Brown Pro Se
John Does 1-10 Pro Se
Plaintiff(s):
Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/1605872582 ZoomGov meeting number: 160 587 2582
Password: 985312
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
Docket 40
- NONE LISTED -
Debtor(s):
Megna Real Estate Holdings, Inc. Represented By
Mark T Young
11:30 AM
Docket 10
The court has questions, in particular regarding the rental income actually being received and the debtor's ability to make adequate protection payments. The cash collateral budget is materially different from the schedules filed the same day.
Is this rental property even estate property?
The court will need independent evidence of rental income and expenditures made on the property beyond what has been already provided.
Debtor(s):
Hilary Taylor Johnson Represented By Onyinye N Anyama
11:30 AM
Fr.10-7-20
Docket 94
- NONE LISTED -
Debtor(s):
Ketab Corporation Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:30 AM
§364;
Docket 97
- NONE LISTED -
Debtor(s):
Ketab Corporation Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:30 AM
Los Angeles, CA 90077
fr. 11-20-19, 1-7-20, 1-8-20
fr. 3-10-20, 4-29-20
Fr. 7-1-20 fr.8-26-20 fr. 9-3-20 fr.10-7-20
Docket 29
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Nathan F Smith
11:30 AM
fr. 1-8-20,3-10-20, 4-29-20
Fr. 7-1-20 fr.8-26-20 fr. 9-3-20 fr.10-7-20
Docket 52
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:30 AM
fr. 1-7-20, 1-8-20,3-10-20, 4-29-20
Fr. 7-1-20,9-3-20, fr.10-7-20
Docket 42
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:30 AM
fr.9-10-19, 11-6-19, 11-20-19
fr. 1-7-20, 1-8-20,3-10-20
fr. 4-29-20
Fr. 7-1-20 fr.8-26-20 fr. 9-3-20 fr.10-7-20
Docket 1
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Lisa Jan Cerrotta Represented By Allan S Williams
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Don Fitch Represented By
Eric Ridley
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Consent Calendar (Per Trustee)
Docket 1
- NONE LISTED -
Debtor(s):
Lynda Louise Hinz Represented By Nicholas M Wajda
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Christopher John Sanchez Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
George J Rangel Represented By Joshua L Sternberg
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Mario Flores-Cevada Represented By
Leroy Bishop Austin
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Consent Calendar (Per Trustee)
Docket 1
- NONE LISTED -
Debtor(s):
Rosa Olmedo Represented By Yelena Gurevich
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Dana Louise Mcgunigale Represented By Eric Ridley
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Consent Calendar (Per Trustee)
Docket 1
- NONE LISTED -
Debtor(s):
Vincenza Sarah Sorisi Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Consent Calendar (Per Trustee)
Docket 1
- NONE LISTED -
Debtor(s):
Katherine Ann Cherrie Represented By Gregory M Shanfeld
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Timothy James Umphenour Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 9-28-17, 11-30-17, 1-25-18, 3-22-18, FR. 5-24-18, 6-21-18, 9-27-18,
1-17-19, 3-21-19, 5-23-19, 6-20-19, 9-19-19, 11-21-19, 2-27-20, 5-21-20,
8-20-20
Docket 1
Ruling for February 27, 2020
Continued to May 21, 2020 at 10:00 a.m.
Ruling for 11/21/19: Continued to 2/27/20.
Ruling for 9/19/19:
Continued to 11/21/19.
Ruling for 6/20/19: Cont. to 9/19/19.
Ruling for May 23, 2019: Cont. to 8/15/19 at 10:00 a.m.
Ruling forMarch 21, 2019
Continued to May 23, 2019
Debtor(s):
Richard W. York Represented By Reed H Olmstead Mark Bernsley
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Garland Chester Represented By Vaughn C Taus
Joint Debtor(s):
Juliet Chester Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 9-19-19, 11-21-19, 1-16-20, 3-26-20, 4-16-20, 6-18-20, 7-16-20, 8-20-20
Docket 1
- NONE LISTED -
Debtor(s):
Warren Johnson Represented By Nathan Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 9-19-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20, 7-16-20, 8-20-20
Docket 1
- NONE LISTED -
Debtor(s):
Robert B. Haight Represented By Nicholas S Nassif
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 10-17-19, 11-21-19, 12-19-19, 1-16-20, 3-26-20, 4-16-20, 6-18-20
FR. 8-20-20, 9-17-20
Consent Calendar (Per Trustee)
Docket 1
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m. Dtr to file supplemental evidence re: the potential sales of real property by the former mother-in-law by March 12, 2020.
Ruling for December 19, 2019: Continued to 1/16/20.
Ruling for 11/21/19:
Ruling for October 17, 2019: Continued to 11/21/19 at 10:00 a.m.
Debtor(s):
Adriana Elizabeth Velazquez Represented By Reed H Olmstead
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Albert Maxwell Goldberg Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [57] Motion To Cram Down Mortgage Lien Of 1900 Capital Trust III, By US Bank, As Certificate Trustee; [58] Motion to Avoid Lien JUNIOR LIEN with First American Funding, LLC Filed by Debtor Albert Maxwell Goldberg
FR. 7-16-20
Docket 57
This evidentiary hearing can be conducted by the court on ZoomGov.
Please have some dates in mind for the hearing and related deadlines.
Debtor(s):
Albert Maxwell Goldberg Pro Se
Movant(s):
Albert Maxwell Goldberg Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Robert Edward Baldwin Represented By John D Faucher
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Jonathan Bravo Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Jorge Gutierrez Gonzalez Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
Ruling for March 26, 2020
Continued to April 16, 2020 at 10:00 a.m. If the Debtor is not current on plan payments and mortgage payments, the Court will dismiss this case.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m.
Debtor(s):
Gabriel C. Estrada Represented By Nathan Berneman Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Annelie K Messina Represented By Julie J Villalobos
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Jason Isaac Ignacio Represented By Nicholas M Wajda
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Joint Debtor(s):
Holli Kolkowski Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 67
- NONE LISTED -
Debtor(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Joint Debtor(s):
Holli Kolkowski Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 69
- NONE LISTED -
Debtor(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Joint Debtor(s):
Holli Kolkowski Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Roberto Magno Cerna Represented By
Timothy L McCandless
Joint Debtor(s):
Nenita Vidal Cerna Represented By
Timothy L McCandless
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Robert Barberie Represented By Patricia Rodriguez Eric Rasmussen
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Heather M. Barreras Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Consent Calendar (Per Trustee)
Docket 1
- NONE LISTED -
Debtor(s):
Mark Alan Hazlewood Represented By Joshua L Sternberg
Joint Debtor(s):
Jeannine Hazlewood Represented By Joshua L Sternberg
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Briza O. Ramos Represented By Tom A Moore
Joint Debtor(s):
Hector Ramos Represented By Tom A Moore
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Consent Calendar (Per Trustee)
Docket 1
- NONE LISTED -
Debtor(s):
Victor Hernandez Represented By Rebecca Tomilowitz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Steven Phillip Rosen Represented By Vicki I Temkin
Joint Debtor(s):
Renee Terrie Rosen Represented By Vicki I Temkin
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Consent Calendar (Per Trustee)
Docket 1
- NONE LISTED -
Debtor(s):
Robert Davis Hoshaw Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [78] Trustee's Motion to Dismiss Case for Failure to Submit All Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 7-16-20, 8-20-20
Docket 78
- NONE LISTED -
Debtor(s):
Eric W Robinson Represented By Janet A Lawson
Gregory M Shanfeld
Joint Debtor(s):
Diane M Robinson Represented By Janet A Lawson
Gregory M Shanfeld
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [71] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (SV))
Docket 71
- NONE LISTED -
Debtor(s):
Eliaser Servin Lopez Represented By Ellen M. Cheney
Andrew S Mansfield Matthew D. Resnik
Joint Debtor(s):
Maria Guadalupe Lopez Represented By Ellen M. Cheney
Andrew S Mansfield Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 47
- NONE LISTED -
Debtor(s):
Shannon Arlene Simonini Represented By Reed H Olmstead
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [115] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 115
- NONE LISTED -
Debtor(s):
Carol M Shilkett Represented By Andy C Warshaw
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [45] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 45
- NONE LISTED -
Debtor(s):
Rainier T. Castillo Represented By Jasmine Motazedi Allan S Williams
Joint Debtor(s):
Amy Lee Castillo Represented By Jasmine Motazedi Allan S Williams
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [81] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 81
- NONE LISTED -
Debtor(s):
Alan Willars Athie Represented By James C Ames
Joint Debtor(s):
Rosario Naomi Athie Represented By James C Ames
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [139] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 139
- NONE LISTED -
Debtor(s):
Clarence Acie Rudd III Represented By Steven A Alpert
Joint Debtor(s):
Deborah Lee Rudd Represented By Steven A Alpert
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [47] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (SV))
Docket 47
- NONE LISTED -
Debtor(s):
Angelica J Hernandez Represented By Rebecca Tomilowitz
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 47
- NONE LISTED -
Debtor(s):
Scott A. Slosson Represented By Michael B Clayton
Joint Debtor(s):
Carie L. Slosson Represented By Michael B Clayton
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 39
- NONE LISTED -
Debtor(s):
Scott A. Slosson Represented By Michael B Clayton
Joint Debtor(s):
Carie L. Slosson Represented By Michael B Clayton
Movant(s):
Scott A. Slosson Represented By Michael B Clayton
Carie L. Slosson Represented By Michael B Clayton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [69] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 69
- NONE LISTED -
Debtor(s):
Rene D Cobos Represented By John K Rounds
Joint Debtor(s):
Teri L Cobos Represented By
John K Rounds
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 63
- NONE LISTED -
Debtor(s):
Maria Avila Represented By
Karen L Grant
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 48
- NONE LISTED -
Debtor(s):
Hector Aguayo Mercado Sr. Represented By Gregory M Shanfeld
Joint Debtor(s):
Coreen Maria Mercado Represented By Gregory M Shanfeld
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [44] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20, 6-18-20, 8-20-20
Docket 44
- NONE LISTED -
Debtor(s):
Jamie Luna Represented By
Matthew D. Resnik
Joint Debtor(s):
Brandy Marie Luna Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [64] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 64
- NONE LISTED -
Debtor(s):
Pablo Valencia Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [50] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 2-27-20, 5-21-20, 7-16-20, 9-17-20
Docket 50
- NONE LISTED -
Debtor(s):
Rebecca Jolene Borchers Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [42] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 9-17-20
Docket 42
- NONE LISTED -
Debtor(s):
Andrew Flores Represented By Julie J Villalobos
Joint Debtor(s):
Marlene Flores Represented By Julie J Villalobos
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 3-26-20, 5-21-20, 7-16-20, 9-17-20
Docket 56
- NONE LISTED -
Debtor(s):
Mervlyn Thelma Kerr Represented By Charles Shamash Joseph E. Caceres
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 134
- NONE LISTED -
Debtor(s):
Adam Jay Greenberg Represented By Kevin T Simon
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [46] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 9-17-20
Docket 46
- NONE LISTED -
Debtor(s):
Kyle Nicholas McReynolds Represented By Daniel King
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [84] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 9-17-20
Docket 84
- NONE LISTED -
Debtor(s):
Jose Suayan Represented By
Roy M Holland
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [86] Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments
FR. 9-17-20
Docket 86
- NONE LISTED -
Debtor(s):
Jose Suayan Represented By
Roy M Holland
Movant(s):
Jose Suayan Represented By
Roy M Holland Roy M Holland Roy M Holland Roy M Holland Roy M Holland
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [31] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 2-27-20, 4-16-20, 6-18-20, 8-20-20
Docket 31
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Debtor(s):
Gilbert Ray De La Mora Represented By James C Ames
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [31] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 9-17-20
Docket 31
- NONE LISTED -
Debtor(s):
Alvaro Manuel Arguello Represented By Ali R Nader
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [35] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20, 6-18-20, 8-20-20, 9-17-20
Docket 35
- NONE LISTED -
Debtor(s):
Jason Bruce Leaseburg Represented By Matthew D. Resnik
Joint Debtor(s):
Melanie Kate Leaseburg Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [47] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 9-17-20
Docket 47
- NONE LISTED -
Debtor(s):
Karin Maria Cybulski Represented By Christian J Younger
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 37
- NONE LISTED -
Debtor(s):
George M Carrier Represented By Andrew S Mansfield Matthew D. Resnik
Joint Debtor(s):
Ann Marie Carrier Represented By Andrew S Mansfield Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [71] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 9-17-20
Docket 71
- NONE LISTED -
Debtor(s):
Jay Brian Schoen Represented By Rob R Nichols
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [57] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 57
- NONE LISTED -
Debtor(s):
Minette Francine Parmentier-Castell Represented By
Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 29
- NONE LISTED -
Debtor(s):
Dominick Deshun Williams Represented By Ali R Nader
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [31] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 31
- NONE LISTED -
Debtor(s):
Richard Page Represented By
Todd Mannis
Joint Debtor(s):
Andrea McCartney-Page Represented By Todd Mannis
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 106
- NONE LISTED -
Debtor(s):
Carol M Shilkett Represented By Andy C Warshaw
Movant(s):
Carol M Shilkett Represented By Andy C Warshaw
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 61
- NONE LISTED -
Debtor(s):
Terry Lee Crandall Represented By Matthew D. Resnik
Movant(s):
Terry Lee Crandall Represented By Matthew D. Resnik
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Declaration re: Michael Rourke in Support of Order Regarding Partial Avoidance of First Deed of Trust and Avoidance of Junior Lien Pursuant to Chapter 13 Plan Filed by Debtor Michael Rourke. (Taus, Vaughn)
Docket 95
- NONE LISTED -
Debtor(s):
Michael Rourke Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 45
- NONE LISTED -
Debtor(s):
Theresa Joan VanWagner Represented By Linda S Blonsley
Movant(s):
Theresa Joan VanWagner Represented By Linda S Blonsley Linda S Blonsley
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 104
- NONE LISTED -
Debtor(s):
Blanca Estela Bernal Represented By Arasto Farsad
Movant(s):
Blanca Estela Bernal Represented By Arasto Farsad
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [7] Motion For Sanctions/Disgorgement Notice of Motion and Motion for Order Compelling Attorney to File Disclosure of Compensation and Refund of Fees Pursuant to 11 U.S.C. § 329; Declaration of Sandra Cruz in Support Thereof with proof of service (Misken, Kenneth)
Docket 7
- NONE LISTED -
Debtor(s):
RAUL H YANEZ Represented By Jerome A Clay
Movant(s):
United States Trustee (ND) Represented By Kenneth Misken
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [9] Motion to Dismiss Case for Abuse and Notice of Motion (BNC) and Motion to Dismiss Case Pursuant to 11 U.S.C. § 1307(c) With a Two-Year Bar From Refiling Pursuant to 11 U.S.C. §§ 349(a) and 105(a); Memorandum of Points and Authorities; Declaration of Sandra A. Cruz in Support Thereof with proof of service
Docket 9
- NONE LISTED -
Debtor(s):
RAUL H YANEZ Represented By Jerome A Clay
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Roberta Garcia Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
Docket 43
Has the Debtor tendered the promised amount? Have the parties agreed on an APO?
Debtor(s):
Nancy Ann Graham Represented By Gregory M Shanfeld
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Sean C Ferry Eric P Enciso
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [63] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3590 Amarillo Ave Simi Valley, California 93063 . (Nagel, Austin)
Docket 63
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
Debtor(s):
Matthew Barney Mielnik Represented By Jeffrey J Hagen
11:30 AM
Movant(s):
MEB Loan Trust IV, serviced by Represented By
Austin P Nagel
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [40] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 608 Sycamore Street, Santa Paula, CA 93060 .
FR. 9-22-20
Docket 40
Have the parties agreed on an APO?
Debtor(s):
Guillermo M Magana Represented By Scott Kosner
Movant(s):
U.S. Bank Trust National Represented By
Lemuel Bryant Jaquez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 82
Do the parties want time to negotiate?
The motion can't be granted today; the declaration is not signed (the court issued a filer error but the movant didn't correct the error).
Debtor(s):
Jennifer Aryleen Hardy Represented By Matthew D. Resnik
Movant(s):
Freedom Mortgage Corporation Represented By
Dane W Exnowski Heather D Bock Toni Townsend
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [44] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1734 Gillespie Street / 835 West Islay Street, Santa Barbara, California 93101 with Proof of Service.
FR. 5-18-20, 6-16-20
Docket 44
Please update the court on the forbearance and the parties' discussions.
Note: debtor's counsel substitution needs a proper signature from former counsel.
Debtor(s):
Adriana Elizabeth Velazquez Represented By Reed H Olmstead
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Angie M Marth Erin Elam Jacky Wang Jenelle C Arnold
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [39] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2013 Honda Accord, VIN: 1HGC T1B3 0DA0 00972 .
Docket 39
- NONE LISTED -
Debtor(s):
Marcelo Valdez Represented By Stephen S Smyth
Movant(s):
American Honda Finance Represented By Vincent V Frounjian
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Damian Joseph Nieman Represented By Vaughn C Taus
Movant(s):
San Luis Financial Represented By William C Beall
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 61
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Jeanne Mary Cimarusti Represented By David S Quintana
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan Meghann A Triplett
11:30 AM
11:30 AM
Docket 40
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Dolores E Hill Pro Se
Trustee(s):
Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz
11:30 AM
Docket 39
Approve sale to proposed buyer, subject to overbid at the hearing.
Debtor(s):
Anita Louise Laux Pro Se
Movant(s):
Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz
Trustee(s):
Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz
11:30 AM
Docket 276
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant all requested relief.
Movant to lodge order within seven days.
Debtor(s):
Farshad Fasihi Harandi Represented By Amid Bahadori
Movant(s):
David Seror (TR) Represented By Jessica L Bagdanov Jessica Wellington
11:30 AM
Trustee(s):
David Seror (TR) Represented By Jessica L Bagdanov Jessica Wellington
11:30 AM
RE: [111] Application to Employ KWR South Bay & KW Commercial as Real Estate Brokers Chapter 7 Trustee's Notice Of Application And Application To Employ Real Estate Brokers Under 11 U.S.C. § 328 And To Enter Into Exclusive Listing Agreement; Memorandum Of Points And Authorities And Statement Of Disinterestedness, with Proof of Service (de Leest, Aaron)
Docket 111
There is no issue with the employment of the broker, but the court noted two issues in the order either not requested or not explained by the application.
First, the order included language allowing the trustee to modify or extend the agreement with the broker (except as to the amount of compensation). The listing agreement is already for 12 months, so if an extension were needed, it seems like the trustee should update the court at that time to justify an extension.
Secondly, the order included a term not mentioned in the motion -- that, in the event the Alvarez creditor acquires the property in a sale without a broker, the commission will be only 3%. (see language in 10/14/20 email or in lodged order at paragraph 3). This term is not described in the application or in the listing agreement, and the court is unsure of the basis for it.
Debtor(s):
Canyon Crest Ranch Partners- Represented By Dana M Douglas
Trustee(s):
Jerry Namba (TR) Represented By Aaron E de Leest Brad Krasnoff
11:30 AM
11:30 AM
Docket 149
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
Debtor(s):
Brigham G. Field Represented By
D Edward Hays Tinho Mang David Wood
11:30 AM
Movant(s):
Chad V Haes
BANC OF CALIFORNIA, Represented By Daniel K Fujimoto
Robert S McWhorter
11:30 AM
Docket 131
- NONE LISTED -
Debtor(s):
Brigham G. Field Represented By
D Edward Hays Tinho Mang David Wood Chad V Haes
Movant(s):
Brigham G. Field Represented By
D Edward Hays D Edward Hays D Edward Hays Tinho Mang Tinho Mang Tinho Mang David Wood David Wood David Wood Chad V Haes Chad V Haes Chad V Haes
11:30 AM
Docket 137
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion (the response filed did not oppose the requested relief). LBR
9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant. Movant to lodge order within seven days.
Debtor(s):
Brigham G. Field Represented By
D Edward Hays Tinho Mang David Wood Chad V Haes
Movant(s):
Colette Pelissier Represented By
Vanessa M Haberbush Erik Johanson
11:30 AM
Docket 200
Have the debtor and objecting creditor worked out revisions to the language noted in the objection (for disclosure purposes -- confirmation objections will be dealt with at a plan confirmation hearing)?
Debtor(s):
Rosario Perry Represented By Michael R Totaro
Candice Candice Bryner Anna Landa
Jeremy Faith
Movant(s):
Rosario Perry Represented By Michael R Totaro
Candice Candice Bryner Anna Landa
Jeremy Faith
11:30 AM
RE: [279] U.S. Trustee Motion to dismiss or convert Notice Of Motion And Motion Under 11 U.S.C. § 1112(b) To Dismiss Or Convert Case; Declaration Of Alfred Cooper III . (Fittipaldi, Brian)
FR. 8-10-20, 9-14-20
Docket 279
- NONE LISTED -
Debtor(s):
Jonathan David Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
RE: [174] Amended Chapter 11 Plan (FIRST AMENDED), with Proof of Service 149 Chapter 11 Plan of Reorganization , with Proof of Service . (Moradi-Brovia, Roksana)
FR. 10-2-18, 11-13-18, 12-18-18, 1-15-19, 2-5-19,
FR. 3-11-19 (STATUS CONFERENCE/HOLDING DATE),
FR. 5-14-19, 7-3-19, 9-26-19, 12-17-19, 3-3-20, 3-24-20, 6-1-20, 7-13-20,
9-14-20
Docket 174
Is the debtor ready to confirm a plan today, or does the court need to continue this for further briefing?
Debtor(s):
Jonathan David Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:30 AM
RE: [180] Motion to Modify Plan and Notice Thereof FR. 8-25-20
Docket 180
It appears this motion can be granted, provided the limited objection is fully addressed. Please be prepared to have terms agreed upon before the hearing.
Debtor(s):
Maurice Leo Wedell Represented By Leslie A Cohen
Joint Debtor(s):
Susan Elizabeth Wedell Represented By Leslie A Cohen
Movant(s):
Maurice Leo Wedell Represented By Leslie A Cohen Leslie A Cohen
Susan Elizabeth Wedell Represented By Leslie A Cohen
11:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Maurice Leo Wedell Represented By Leslie A Cohen
Joint Debtor(s):
Susan Elizabeth Wedell Represented By Leslie A Cohen
11:30 AM
Adv#: 9:19-01069 Itkin v. ELO et al
RE: [1] Adversary case 9:19-ap-01069. Complaint by Robbin L Itkin against ELO, 3E EIGHT LLC, 3E ONE LLC, MIAMI SUPERCAR ROOMS, ELO
TRUSTEES LTD.. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)
FR. 3-24-20, 6-30-20, 8-25-20
Docket 1
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
ELO Pro Se
3E EIGHT LLC Pro Se
3E ONE LLC Pro Se
MIAMI SUPERCAR ROOMS Pro Se
ELO TRUSTEES LTD. Pro Se
Plaintiff(s):
Robbin L Itkin Represented By David M Riley
11:30 AM
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01070 Itkin v. Shigenaga et al
RE: [1] Adversary case 9:19-ap-01070. Complaint by Robbin L Itkin against Monica Shigenaga, COCOJOR HAWAII, LLC, JADOO, LLC. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
AND
Status Hearing
RE: [13] Counterclaim by Shigenega Shigenaga, et al against Robbin L Itkin FR. 3-24-20, 6-13-20, 7-13-20, 8-25-20
Docket 1
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Monica Shigenaga Pro Se
COCOJOR HAWAII, LLC Pro Se
JADOO, LLC Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg
11:30 AM
Trustee(s):
David M Riley
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01072 Itkin v. Choudhury
RE: [1] Adversary case 9:19-ap-01072. Complaint by Robbin L Itkin against Lajwanti Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit
8-9 # 9 Exhibit 10) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
FR. 3-24-20, 6-30-20, 8-25-20
Docket 1
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Lajwanti Choudhury Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg
11:30 AM
David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01073 Itkin v. Choudhury
RE: [1] Adversary case 9:19-ap-01073. Complaint by Robbin L Itkin against Anurag Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit
8-10) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
FR. 3-24-20, 6-30-20, 8-25-20
Docket 1
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Anurag Choudhury Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg
11:30 AM
David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01074 Itkin v. Choudhury et al
RE: [1] Adversary case 9:19-ap-01074. Complaint by Robbin L Itkin against Rajashree Choudhury, The Rajashree Choudhury Family Trust Dated March 1, 2016. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3
# 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
FR. 3-24-20, 6-30-20, 8-25-20
Docket 1
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Rajashree Choudhury Pro Se
The Rajashree Choudhury Family Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
11:30 AM
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01075 Itkin v. Choudhury
RE: [1] Adversary case 9:19-ap-01075. Complaint by Robbin L Itkin against Bikram Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8
# 9 Exhibit 9 # 10 Exhibit 10 # 11 Exhibit 11 # 12 Exhibit 12 # 13 Exhibit 13 # 14 Exhibit 14 # 15 Exhibit 15) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
FR. 3-24-20, 6-30-20, 8-25-20
Docket 1
- NONE LISTED -
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Bikram Choudhury Pro Se
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg
11:30 AM
David M Riley Robbin L. Itkin
11:30 AM
Adv#: 9:19-01058 Golf View Lane Limited Partnership, a California L v. Pinnacle Estate
RE: [1] Adversary case 9:19-ap-01058. Complaint by Golf View Lane Limited Partnership, a California Limited Partnership against Pinnacle Estate Properties, Inc., Garen Gary Keshishyan, Levis Pasco Obando, Valley Enterprises TS, Inc., Jose Pasco. (Fee not required). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)) (Yaspan, Robert) Modified on 10/16/2019 (Handy, Brad).
FR. 12-17-19, 3-3-20, 4-28-20
Docket 1
- NONE LISTED -
Debtor(s):
Golf View Lane Limited Partnership, Represented By
Joseph G McCarty
M. Jonathan Hayes Robert M Yaspan
Defendant(s):
Pinnacle Estate Properties, Inc. Represented By Alana B Anaya
Garen Gary Keshishyan Represented By Alana B Anaya
Levis Pasco Obando Represented By Alana B Anaya
Valley Enterprises TS, Inc. Represented By Anthony N Ranieri
11:30 AM
Jose Pasco Represented By
Anthony N Ranieri
Closing Agents, Inc. Pro Se
DOES 1 through 25, inclusive Pro Se
Igya Demirci Pro Se
Plaintiff(s):
Golf View Lane Limited Partnership, Represented By
Robert M Yaspan
11:30 AM
Adv#: 9:20-01018 Faith v. Digital Dogma Corp.
RE: [1] Adversary case 9:20-ap-01018. Complaint by Jeremy W. Faith against Digital Dogma Corp.. (Charge To Estate). - Complaint (1) for Avoidance of Post- Petition Transfer; and (2) to Preserve Recovered Transfers for Benefit of Debtor's Estate [11 U.S.C. §§ 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)) (Friedman, Anthony)
FR. 4-28-20, 8-10-20
Docket 1
- NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Digital Dogma Corp. Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:20-01012 Hamm II v. Namba
RE: [18] Motion For Summary Judgment, Notice of Motion, Filed by Plaintiff
Docket 18
- NONE LISTED -
Debtor(s):
Charles Ardeil Hamm II Pro Se
Defendant(s):
Jerry Namba Represented By
Jerry Namba
Movant(s):
Charles A Hamm II Pro Se
Plaintiff(s):
Charles A Hamm II Pro Se
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/1602099370 ZoomGov meeting number: 160 209 9370
Password: 904415
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
Adv#: 2:19-01519 3600 Ashe, LLC v. Koop
fr.2-26-20, 4-14-20,5-20-20,7-15-20
Docket 1
- NONE LISTED -
Debtor(s):
3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham
Defendant(s):
Ron Koop Represented By
Peter M Lively
Plaintiff(s):
3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham
11:30 AM
Adv#: 2:20-01621 Alexx Brown, LLC v. Brown et al
Docket 5
- NONE LISTED -
Debtor(s):
Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff
Defendant(s):
Alexxander Brown Pro Se
John Does 1-10 Pro Se
Movant(s):
Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff
Plaintiff(s):
Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff
11:30 AM
Adv#: 2:20-01621 Alexx Brown, LLC v. Brown et al
Docket 1
- NONE LISTED -
Debtor(s):
Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff
Defendant(s):
Alexxander Brown Pro Se
John Does 1-10 Pro Se
Plaintiff(s):
Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff
11:30 AM
fr. 9-24-20,10-7-20
Docket 1
- NONE LISTED -
Debtor(s):
Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff
11:30 AM
Adv#: 2:20-01636 Los Angeles School of Gymnastics, Inc. v. Super Redondo, LLC et al
Docket 6
- NONE LISTED -
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Defendant(s):
Super Redondo, LLC Pro Se
Fariba Danesh as trustee of the Pro Se
Movant(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Plaintiff(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Trustee(s):
Susan K Seflin (TR) Pro Se
11:30 AM
fr.10-20-20
Docket 65
- NONE LISTED -
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Trustee(s):
Susan K Seflin (TR) Pro Se
11:30 AM
Docket 89
- NONE LISTED -
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Movant(s):
City of Culver City Represented By
Caroline Karabian Castillo
Trustee(s):
Susan K Seflin (TR) Pro Se
11:30 AM
Docket 84
- NONE LISTED -
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Movant(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Trustee(s):
Susan K Seflin (TR) Pro Se
11:30 AM
fr.10-20-20
Docket 1
- NONE LISTED -
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Trustee(s):
Susan K Seflin (TR) Pro Se
11:30 AM
Docket 63
- NONE LISTED -
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Movant(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Trustee(s):
Susan K Seflin (TR) Pro Se
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
Docket 269
- NONE LISTED -
Debtor(s):
Arden Rose Represented By
Bradford T Child
Trustee(s):
Jerry Namba (TR) Represented By Matthew A Lesnick Debra E Cardarelli
11:30 AM
Adv#: 9:20-01012 Hamm II v. Namba
RE: [31] Motion To Stay Pending Appeal with proof of service
Docket 31
- NONE LISTED -
Debtor(s):
Charles Ardeil Hamm II Pro Se
Defendant(s):
Jerry Namba Represented By
Jerry Namba
Movant(s):
Jerry Namba Represented By
Jerry Namba
Plaintiff(s):
Charles A Hamm II Pro Se
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [9] Emergency Motion for Order Approving Use of Alleged Cash Collateral of National Loan Acquisitions Company; Memorandum of Points and Authorities with Proof of Service
FR, 10-15-20
Docket 9
- NONE LISTED -
Debtor(s):
Coto Investments, Inc. Represented By Robert P Goe Charity J Manee
Movant(s):
Coto Investments, Inc. Represented By Robert P Goe Robert P Goe Charity J Manee Charity J Manee
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
Docket 386
The court has read all of the pleadings.
We aren't going to spend time at the hearing discussing who was cooperative or uncooperative; it isn't productive, and it isn't relevant to the matter set for hearing.
The Debtor should begin with a clear description of the specific relief they're seeking, and the basis for that relief. DES/DDD should address whether that specific relief is appropriate. It appears, based on the Reply, that there may be some requested relief that is agreed upon by the parties. If that's the case, please describe specifically what that is (including the bidders, purchase prices, and assets involved) before addressing relief that is not agreed upon. Please be prepared to discuss case law supporting your position. The court will also ask for comments from the U.S. Trustee and the Patient Care Ombudsman.
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
RE: [51] Motion and Notice of Motion for Leave to File Class Proof of Claim (Rice, Cynthia)
FR. 3-11-20, 4-13-20
Docket 51
The court thanks the movants for the update. The movants ask the court to simply grant the Motion, but this request ignores the multiple reasons the court refused to grant the Motion in April. None of the facts or analysis underlying the court's decision not to grant the motion, but rather to continue it, have changed since April. There is no basis to grant the motion at this time. If the movants prefer another continuance to refiling the motion at a future time, the court will consider the continuance. What date would the movants suggest?
Debtor(s):
La Cuesta Farming Co., Inc. Represented By Jerry Namba
Movant(s):
Juana Velasco-Torres Represented By Cynthia Rice
Cecilia Guevara Zamora Ezra Kautz
Gabriela Rendon-Vasquez Represented By Cynthia Rice
Cecilia Guevara Zamora Ezra Kautz
Cesar Jimenez-Mendoza Represented By
11:30 AM
Cynthia Rice
Cecilia Guevara Zamora Ezra Kautz
Benito Perez-Reyes Represented By Cynthia Rice
Cecilia Guevara Zamora Ezra Kautz
Luis Morales-Garcia Represented By Cynthia Rice
Cecilia Guevara Zamora Ezra Kautz
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan Meghann A Triplett
11:30 AM
RE: [30] Motion and Notice of Motion for Leave to File Class Proof of Claim (Rice, Cynthia)
FR. 3-16-20, 4-13-20
Docket 30
- NONE LISTED -
Debtor(s):
Higuera Farms, Inc. Represented By Jerry Namba
Movant(s):
Juana Velasco-Torres Represented By Cynthia Rice
Cecilia Guevara Zamora Ezra Kautz
Gabriela Rendon-Vasquez Represented By Cynthia Rice
Cecilia Guevara Zamora Ezra Kautz
Cesar Jimenez-Mendoza Represented By Cynthia Rice
Cecilia Guevara Zamora Ezra Kautz
Benito Perez-Reyes Represented By Cynthia Rice
Cecilia Guevara Zamora Ezra Kautz
11:30 AM
Luis Morales-Garcia Represented By Cynthia Rice
Cecilia Guevara Zamora Ezra Kautz
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan Meghann A Triplett
11:30 AM
RE: [1] Chapter 7 Involuntary Petition Against an Individual. Charles W. Aarni Employee Profit Sharing Plan (attorney Beth Gaschen), Allan Chodor (attorney Beth Gaschen), Mary and Marvin Owen 1993 Trust (attorney Beth Gaschen), The McGowan Exemption Trust dated 03/26/2003 (attorney Beth Gaschen) .
FR. 11-7-17, FR. 12-5-17, 1-24-18, 2-1-18, 5-8-18, 8-7-18, 11-13-18, 2-11-19,
3-19-19, 11-5-19, 3-3-20, 7-13-20
Join by Computer
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Docket 1
Available dates for a continued status conference include February 24, March
11:30 AM
3, and March 10.
Debtor(s):
Robert Hesselgesser M.D. Pro Se
Trustee(s):
Jeremy W. Faith (TR) Represented By Jeffrey I Golden Beth Gaschen
11:30 AM
Adv#: 9:20-01040 Faith v. Hesselgesser
RE: [1] Adversary case 9:20-ap-01040. Complaint by Jeremy W. Faith against Robert Hesselgesser. (Charge To Estate). Complaint for Denial of Debtor's Discharge Pursuant to 11 U.S.C. §§ 727(a)(2) AND 727(a)(4) Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Gaschen, Beth)
FR. 9-14-20
Docket 1
Have the parties selected a mediator yet? The court typically will set a status conference about 90 days out to give the parties time to finish mediation.
Debtor(s):
Robert Hesselgesser M.D. Pro Se
Defendant(s):
Robert Hesselgesser Represented By Simon J Dunstan
Plaintiff(s):
Jeremy W. Faith Represented By Beth Gaschen
Trustee(s):
Jeremy W. Faith (TR) Represented By Jeffrey I Golden Beth Gaschen
11:30 AM
Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et
RE: [1] and [156] Amended Complaint First by Christian A Orozco on behalf of Corporate Recovery Associates, LLC against all defendants. (RE: related document(s)1 Adversary case 9:18-ap-01058. Complaint by Corporate Recovery Associates, LLC against Blue Wolf Capital Partners, LLC, Blue Wolf Capial Fund II, L.P., Gladstone Investment Corporation, Blue Wolf Capital Advisors L.P., BW Piezo Holdings, LLC, Fidus Investment Corporation, Fidus Mezzanine Capital II, L.P., Avante Mezzanine Partners SBIC, LP, Avante Mezzanine Partners II, Inc., Pengdi Han, Dhan, LLC, Grant Thornton, LLP, CTG Advanced Materials, LLC, CTS Corporation, Electro Optical Industries, Duff & Phelps, and CIT Bank, N.A. (Charge To Estate). Original Complaint Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) filed by Plaintiff Corporate Recovery Associates, LLC). (Orozco, Christian)
FR. 2-11-19, 3-18-19, 5-14-19, 6-12-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19
ADVANCED FROM 1-8-20, 1-7-20, 2-4-20, 4-28-20, 8-25-20, 10-13-20
Docket 156
Do the parties have dates in mind for dispositive motions? Other dates? 10/13/2020 Tentative Ruling:
The court understands that mediation was not successful.
The dates in the status report for trial are pretty different. When would you suggest a trial date?
Initial disclosures need to be completed in accordance with the rules. Are the parties really going to argue about this?
When do Defendants plan to file their summary judgment motion?
11:30 AM
Do Plaintiffs intend to file a similar motion? When?
The court can set dates for full compliance for initial disclosures, other discovery deadlines, and a further status conference. Other deadlines might be appropriate now too.
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
Blue Wolf Capital Partners, LLC Represented By
Christopher O Rivas Howard Steinberg
Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg
Gladstone Investment Corporation Represented By
Cheryl S Chang Craig N Haring
Blue Wolf Capital Advisors L.P. Represented By
Christopher O Rivas Howard Steinberg
BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg
CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin
CTS Corporation Represented By Jonathan Boustani
11:30 AM
Paul J Laurin
Duff & Phelps Represented By Christopher O Rivas
CIT BANK, N.A. Pro Se
Plaintiff(s):
Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia
11:30 AM
Adv#: 9:19-01066 Itkin v. Organizacion Ideal S. de R.L. de C.V.
RE: [1] Adversary case 9:19-ap-01066. Complaint by Robbin L Itkin against Princess Mundo Imperial Hotel. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(12 (Recovery of money/property - 547 preference)) (Riley, David)
FR. 3-24-20, 7-28-20
Docket 1
Available dates for a continued status conference include February 10, 17, and 24.
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Organizacion Ideal S. de R.L. de Pro Se
Plaintiff(s):
Robbin L Itkin Represented By David M Riley Eric D Goldberg
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley
11:30 AM
Robbin L. Itkin Lovee D Sarenas
11:30 AM
Adv#: 9:19-01067 Itkin v. SMANA HOTEL AL RAFFA et al
RE: [1] Adversary case 9:19-ap-01067. Complaint by Robbin L Itkin against SMANA HOTEL AL RAFFA, RAJESH BAHETI. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)
FR. 3-24-20, 7-28-20
Docket 1
Available dates for a continued status conference include February 10, 17, and 24.
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
SMANA HOTEL AL RAFFA Pro Se
RAJESH BAHETI Pro Se
Plaintiff(s):
Robbin L Itkin Represented By David M Riley Eric D Goldberg
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg
11:30 AM
David M Riley Robbin L. Itkin Lovee D Sarenas
11:30 AM
Adv#: 9:19-01068 Itkin v. Zen Co., Ltd
RE: [1] Adversary case 9:19-ap-01068. Complaint by Robbin L Itkin against Zen Co., Ltd. (Charge To Estate). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)
FR. 3-24-20, 7-28-20
Docket 1
Available dates for a continued status conference include February 10, 17, and 24.
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Zen Co., Ltd Pro Se
Plaintiff(s):
Robbin L Itkin Represented By David M Riley Eric D Goldberg
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin
11:30 AM
Lovee D Sarenas
11:30 AM
Adv#: 9:19-01071 Itkin v. Bhattachriya et al
RE: [1] Adversary case 9:19-ap-01071. Complaint by Robbin L Itkin against Sumanta Bhattachriya, Bikram Hotyoga Co. Ltd.. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)
FR. 3-24-20, 7-28-20
Docket 1
Available dates for a continued status conference include February 10, 17, and 24.
The court has the same comment regarding all of the adversary proceedings set for today. These cases were filed ten months ago. The court understands that service on defendants outside of the country isn't easy, but it seems like more than another status report with a comment like "the trustee is working on service" would be appropriate at this time.
Debtor(s):
Bikram's Yoga College of India LP, a Represented By
Martin J Brill
Krikor J Meshefejian
Defendant(s):
Sumanta Bhattachriya Pro Se
Bikram Hotyoga Co. Ltd. Pro Se
11:30 AM
Plaintiff(s):
Robbin L Itkin Represented By Eric D Goldberg David M Riley
Trustee(s):
Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin Lovee D Sarenas
11:30 AM
Adv#: 9:19-01002 Schmitz & Associates, Inc. et al v. Lewis et al
RE: [1] Adversary case 9:19-ap-01002. Complaint by Schmitz & Associates, Inc. , Donald W. Schmitz, II against Jeffrey Scott Lewis , Debra Sue Lewis . (Nature[s] of Suit: (62 Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud) (67 Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny) (68 Dischargeability - 523(a)(6), willful and malicious injury) (65 Dischargeability - other))
FR. 3-12-19, 8-16-19, 8-27-19, 11-20-19, 4-29-20
Docket 1
- NONE LISTED -
Debtor(s):
Jeffrey Scott Lewis Represented By Kevin T Simon
Defendant(s):
Jeffrey Scott Lewis Pro Se
Debra Sue Lewis Pro Se
Joint Debtor(s):
Debra Sue Lewis Represented By Kevin T Simon
Plaintiff(s):
Schmitz & Associates, Inc. Represented By William C Beall
11:30 AM
Donald W. Schmitz, II Represented By William C Beall
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Adv#: 9:19-01057 William G. Joiner, as Trustee of the William G. Jo v. Mahan et al
RE: [25] Amended Complaint First Amended Complaint by Meghan Canty Murphey on behalf of William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against Jeremy W. Faith, Chapter 7 Trustee, Legacy Effects, LLC, Shane Patrick Mahan. (RE: related document(s)1 Adversary case 9:19-
ap-01057. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, Shane Patrick Mahan, Legacy Effects, LLC, John D. Monte. (21 (Validity, priority or extent of lien or other interest in property)),(72 (Injunctive relief - other)) filed by Plaintiff William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02). (Attachments: # 1 Exhibit Exhibit 1 # 2 Exhibit Exhibit 2 # 3 Exhibit Exhibit 3 # 4 Affidavit Exhibit 4 # 5 Exhibit Exhibit 5 # 6 Exhibit
Exhibit 6 # 7 Exhibit Exhibit 7 - Part 2 # 8 Exhibit Exhibit 7 - Part 2 # 9 Exhibit
Exhibit 7 - Part 3 # 10 Exhibit Exhibit 7 - Part 4 # 11 Exhibit Exhibit 8) (Reynolds, Richard)
FR. 5-18-20, 6-23-20, 9-1-20
Docket 25
- NONE LISTED -
Debtor(s):
Shane Patrick Mahan Pro Se
Defendant(s):
Shane Patrick Mahan Pro Se
Legacy Effects, LLC Represented By Lee T Dicker
John D. Monte Pro Se
11:30 AM
Jeremy W. Faith, Chapter 7 Trustee Represented By
Todd A Frealy Lindsey L Smith Richard P Steelman Jr
Plaintiff(s):
William G. Joiner, as Trustee of the Represented By
Richard J Reynolds Meghan C Murphey Joseph P Buchman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy Lindsey L Smith
11:30 AM
Adv#: 9:19-01079 William G. Joiner, as Trustee of the William G. Jo v. Mahan
RE: [1] Adversary case 9:19-ap-01079. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against Shane Patrick Mahan. (Nature of Suit: (41 - Objection / revocation of discharge - 727(c),(d),(e))). (Reynolds, Richard)
FR. 2-24-20, 3-16-20, 7-21-20, 9-1-20
Docket 1
- NONE LISTED -
Debtor(s):
Shane Patrick Mahan Pro Se
Defendant(s):
Shane Patrick Mahan Pro Se
Plaintiff(s):
William G. Joiner, as Trustee of the Represented By
Richard J Reynolds Meghan C Murphey Joseph P Buchman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy Lindsey L Smith
11:30 AM
Adv#: 9:20-01037 Griffith & Thornburgh, LLP et al v. Scheiblauer
RE: [1] Adversary case 9:20-ap-01037. Complaint by Griffith & Thornburgh, LLP, Paul Capritto against Kiki Leigh Scheiblauer. false pretenses, false representation, actual fraud)) (Torres, Felicita)
FR. 8-25-20
Docket 1
- NONE LISTED -
Debtor(s):
Kiki Leigh Scheiblauer Represented By James Studer
Defendant(s):
Kiki Leigh Scheiblauer Represented By James Studer
Plaintiff(s):
Griffith & Thornburgh, LLP Represented By Felicita A Torres
Paul Capritto Represented By
Felicita A Torres
Trustee(s):
Jerry Namba (TR) Pro Se
1:30 PM
FR. 11-3-20
Docket 386
The court has read all of the pleadings.
We aren't going to spend time at the hearing discussing who was cooperative or uncooperative; it isn't productive, and it isn't relevant to the matter set for hearing.
The Debtor should begin with a clear description of the specific relief they're seeking, and the basis for that relief. DES/DDD should address whether that specific relief is appropriate. It appears, based on the Reply, that there may be some requested relief that is agreed upon by the parties. If that's the case, please describe specifically what that is (including the bidders, purchase prices, and assets involved) before addressing relief that is not agreed upon. Please be prepared to discuss case law supporting your position. The court will also ask for comments from the U.S. Trustee and the Patient Care Ombudsman.
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
11:30 AM
#0.00 All hearings on this 11:30 AM calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/1610692981
ZoomGov meeting number: 161 069 2981
Password: 476799
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions
Docket 0
11:30 AM
- NONE LISTED -
11:30 AM
Adv#: 2:19-01014 Gotfredson v. Wong et al
Docket 5
Please be prepared to focus on the Barton issues at the hearing.
Debtor(s):
Eliminator Custom Boats, Inc. Represented By James E Till
Defendant(s):
James Y Wong Pro Se
Armory Consulting Co. Pro Se
Eliminator Custom Boats, Inc. Represented By James E Till
Plaintiff(s):
Elliott Gotfredson Represented By
E Jay Gotfredson James E Till
11:30 AM
Adv#: 2:19-01014 Gotfredson v. Wong et al
Fr. 8-12-20
fr.9-24-20, 10-20-20
Docket 1
The court won't consider remand without a noticed motion and opportunity to respond. FRBP 9027(d), 9014.
Debtor(s):
Eliminator Custom Boats, Inc. Represented By James E Till
Defendant(s):
James Y Wong Pro Se
Armory Consulting Co. Pro Se
Eliminator Custom Boats, Inc. Represented By James E Till
Plaintiff(s):
Elliott Gotfredson Represented By
E Jay Gotfredson James E Till
11:30 AM
Docket 100
The court thanks the parties for agreeing to have this matter heard in the morning. This matter will be called first.
Have the debtor and proposed counsel been able to address all of the issues raised in the U.S. Trustee's objection to resolve the objection?
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Movant(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Trustee(s):
Susan K Seflin (TR) Pro Se
1:30 PM
#0.00 All hearings on this calendar 1:30 PM will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/1608994818
ZoomGov meeting number: 160 899 4818
Password: 429194
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
1:30 PM
Docket 100
Have the debtor and proposed counsel been able to address all of the issues raised in the U.S. Trustee's objection to resolve the objection?
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Movant(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Trustee(s):
Susan K Seflin (TR) Pro Se
1:30 PM
Adv#: 2:20-01636 Los Angeles School of Gymnastics, Inc. v. Super Redondo, LLC et al
fr.10-28-20
Docket 6
- NONE LISTED -
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Defendant(s):
Super Redondo, LLC Pro Se
Fariba Danesh as trustee of the Pro Se
Movant(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Plaintiff(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Trustee(s):
Susan K Seflin (TR) Pro Se
1:30 PM
Docket 36
- NONE LISTED -
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Movant(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Trustee(s):
Susan K Seflin (TR) Pro Se
1:00 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
1:00 PM
FR. 11-3-20, 11-10-20
Docket 386
Debtor(s):
Community Provider of Enrichment Represented By
Ryan M Salzman
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
FR. 7-13-20, 9-14-20
Docket 78
Please update the court on payments made and received.
Debtor(s):
Manuel Rodrigues Represented By William C Beall
Joint Debtor(s):
Diana M. Rodrigues Represented By William C Beall
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 66
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
Debtor(s):
Telby Beltran Represented By Susan Salehi
11:30 AM
Movant(s):
HSBC Bank USA, National Represented By Kirsten Martinez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 60
Is the account current? What is the status of APO discussions?
Debtor(s):
Pablo Javier Pesantez Represented By
Raj T Wadhwani
Joint Debtor(s):
Catalina Pesantez Represented By
Raj T Wadhwani
Movant(s):
VW Credit Leasing, LTD Represented By Kirsten Martinez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 81
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay. GRANT annulment.
Deny all extraordinary relief (including eviction without further notice), as no cause is shown (prayer for relief paragraphs 7, 9, 10, and 11).
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Jay Brian Schoen Represented By Rob R Nichols
11:30 AM
Movant(s):
Hollyvale Rental Holdings, LLC Represented By
Sam Chandra
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 33
Have the parties discussed the proposed sale? What is the status?
Debtor(s):
Jonathan Charles Bay Represented By
Rabin J Pournazarian
Movant(s):
Wilmington Trust, National Represented By
Erica T Loftis Pacheco
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 41
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Humberto M Martinez Represented By Bryan Diaz
Movant(s):
Financial Services Vehicle Trust Represented By
Marjorie M Johnson
11:30 AM
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [14] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 15112 Varsity Street, Unit E, Moorpark, CA 93021 with proof of service.
FR. 10-14-20
Docket 14
The court will deem notice adequate. Grant.
Movant to lodge order within seven days. No appearances required.
Debtor(s):
Sammie Pearl Stones Represented By
Rabin J Pournazarian
Movant(s):
Sammie Pearl Stones Represented By
Rabin J Pournazarian Rabin J Pournazarian
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Brian Lee Fox Represented By Reed H Olmstead
Movant(s):
Brian Lee Fox Represented By Reed H Olmstead
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [26] Motion for Relief from Stay (Personal Property), Filed by Mountain America Credit Union .
Docket 26
Continue for proper service on the debtors as required by LBR 4001-1(c)(1) (C)(i) (movant served only their counsel, which is insufficient).
The first available hearing date to allow for the full notice period is 12/9/20 at 11:30. The motion and notice of hearing must be served to allow for the full notice period.
No appearance unless movant would like to request a different hearing date.
Debtor(s):
Corrie M Ratzat Represented By Richard E Rossi
Joint Debtor(s):
Jacob S Ratzat Represented By Richard E Rossi
Movant(s):
Mountain America Credit Union Represented By
Jeffrey A Clark
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 14
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
As to Debtors:
DENY as moot; discharge was entered on 11/9/20.
As to Estate: AFTER A REVISED DECLARATION IS FILED WITH A
PROPER SIGNATURE (not a handwriting font): GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER AND FILE REVISED DECLARATION WITH SIGNATURE WITHIN 7 DAYS.
11:30 AM
Debtor(s):
Jason Roelling Represented By Kenneth H J Henjum
Joint Debtor(s):
Deseree Roelling Represented By Kenneth H J Henjum
Movant(s):
TD Auto Finance LLC Represented By Sheryl K Ith
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 9
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
IVAN HERNANDEZ Represented By Emmanuel F Fobi
Movant(s):
Nissan Motor Acceptance Represented By Kirsten Martinez
11:30 AM
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 11
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Jimmy Ray Padilla Represented By David L Hagan
Joint Debtor(s):
Cindy Kay Padilla Represented By David L Hagan
11:30 AM
Movant(s):
Ford Motor Credit Company LLC Represented By
Sheryl K Ith
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 10
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Maria L. Corrilo Represented By Monica Robles
Movant(s):
Nissan Motor Acceptance Represented By Kirsten Martinez
11:30 AM
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 9
Appearances required.
Debtor(s):
Marsha Davis-McDaniels Represented By Matthew D. Resnik
Movant(s):
Matt Hannigan Represented By David Brian Lally
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 24
Have the movant and the trustee agreed on acceptable scope of relief?
Debtor(s):
Peter James Compton Represented By Reed H Olmstead
Movant(s):
Lynn Compton Represented By Richard W Brunette
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 8
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Nina Evelyn Richert Represented By Michael D Sudman
Movant(s):
Cab West, LLC Represented By Sheryl K Ith
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 171
No tentative ruling. This is a FINAL RULING. The objection to claim no. 1 was set for hearing on the notice required by FRBP 3007 and Local Bankruptcy Rules (“LBR”) 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). The claimant’s default will be entered and the matter will be resolved without oral argument. LBR 9013-1(j) (3). NO APPEARANCE IS NECESSARY.
GRANT all requested relief. The claim is disallowed as a secured claim and allowed as a general unsecured claim.
Movant to submit order within seven days.
Debtor(s):
Armando Gonzalez Pro Se
Joint Debtor(s):
Wendy Gonzalez Pro Se
11:30 AM
Movant(s):
Sandra McBeth (TR) Represented By Sandra McBeth
Trustee(s):
Sandra McBeth (TR) Represented By Sandra McBeth
11:30 AM
RE: [172] Motion RE: Objection to Claim Number 5 by Claimant Joyce Lee Jordan. as a Secured Claim and Allowing Claim as a General Unsecured Claim; Declaration of Sandra K. McBeth in Support Thereof; Notice of Motion; with Proof of Service (McBeth (TR), Sandra)
Docket 172
- NONE LISTED -
Debtor(s):
Armando Gonzalez Pro Se
Joint Debtor(s):
Wendy Gonzalez Pro Se
Movant(s):
Sandra McBeth (TR) Represented By Sandra McBeth
Trustee(s):
Sandra McBeth (TR) Represented By Sandra McBeth
11:30 AM
Docket 173
The motion is unopposed, and there is cause for the relief. What is the allowed claim amount? $90,000 or $95,000? The proof of claim refers to both numbers. The default judgment amount for this creditor in the 523 action is
$95,500.
Debtor(s):
Armando Gonzalez Pro Se
Joint Debtor(s):
Wendy Gonzalez Pro Se
Movant(s):
Sandra McBeth (TR) Represented By Sandra McBeth
Trustee(s):
Sandra McBeth (TR) Represented By Sandra McBeth
11:30 AM
Docket 174
No tentative ruling. This is a FINAL RULING. The objection to claim no. 44 was set for hearing on the notice required by FRBP 3007 and Local Bankruptcy Rules (“LBR”) 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). The claimant’s default will be entered and the matter will be resolved without oral argument. LBR 9013-1(j) (3). NO APPEARANCE IS NECESSARY.
GRANT all requested relief. The claim is disallowed as a secured claim and allowed as a general unsecured claim.
Movant to submit order within seven days.
Debtor(s):
Armando Gonzalez Pro Se
Joint Debtor(s):
Wendy Gonzalez Pro Se
11:30 AM
Movant(s):
Sandra McBeth (TR) Represented By Sandra McBeth
Trustee(s):
Sandra McBeth (TR) Represented By Sandra McBeth
11:30 AM
Docket 114
The court, while sympathetic to the Debtors' worries, finds that there is cause to grant the motion. This isn't an eviction or a motion seeking relief from stay, so the Debtors' arguments miss the mark. Further, the trustee has made every effort to work with the Debtors, and it is unfortunate that their lack of cooperation has led to this point.
Please attempt to work out a schedule for turnover before the hearing.
Debtor(s):
Walter W. Knauss Represented By John D Faucher
Joint Debtor(s):
Catherine Lynn Knauss Represented By John D Faucher
Movant(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Carmela Pagay
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Carmela Pagay
11:30 AM
Reed)
Docket 25
Provided the issues in the limited objection are resolved, grant and approve sale to the proposed buyer subject to overbid at the hearing.
Debtor(s):
Gerald Allen Freeman Represented By Randall V Sutter
Movant(s):
Jerry Namba (TR) Represented By Reed H Olmstead
Trustee(s):
Jerry Namba (TR) Represented By Reed H Olmstead
11:30 AM
RE: [13] Motion to Use Cash Collateral with proof of service FR. 9-22-20
Docket 13
Have the parties finalized a stipulation and order?
Debtor(s):
Rowland W. Twisselman Represented By William C Beall Carissa N Horowitz
Joint Debtor(s):
Catherine A. Twisselman Represented By William C Beall Carissa N Horowitz
Movant(s):
Rowland W. Twisselman Represented By William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz
11:30 AM
Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz
Catherine A. Twisselman Represented By William C Beall William C Beall Carissa N Horowitz Carissa N Horowitz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 159
The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Golf View Lane Limited Partnership, Represented By
Joseph G McCarty
M. Jonathan Hayes Robert M Yaspan
Movant(s):
Golf View Lane Limited Partnership, Represented By
Joseph G McCarty
11:30 AM
M. Jonathan Hayes Robert M Yaspan
11:30 AM
Docket 155
The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Golf View Lane Limited Partnership, Represented By
Joseph G McCarty
M. Jonathan Hayes Robert M Yaspan
11:30 AM
Movant(s):
Golf View Lane Limited Partnership, Represented By
Joseph G McCarty
M. Jonathan Hayes Robert M Yaspan
11:30 AM
Docket 100
- NONE LISTED -
Debtor(s):
Advanced Media Networks, LLC Represented By
Peter T Steinberg
11:30 AM
Docket 50
- NONE LISTED -
Debtor(s):
Valley Farm Supply, Inc. Represented By William C Beall Carissa N Horowitz
Movant(s):
Nutrien Ag c/o Steven Stoker Esq. Represented By
Steven R Stoker
11:30 AM
Docket 1
Set bar date of 2/15/21. Notice by 12/4/20.
Is claim objection deadline of 3/15/21 sufficient? Set plan and disclosure deadline as 5/17/21.
Debtor(s):
Valley Farm Supply, Inc. Represented By William C Beall Carissa N Horowitz
11:30 AM
#29.00 CONT'D Hearing (Final Hearing)
RE: [7] Emergency motion Emergency Motion for Order Approving establishment of Adequate Assurance Payments with Respect to Debtors Utilities; Memorandum of Points and authorities in Support Thereof with Proof of Service
FR. 10-15-20
Docket 7
- NONE LISTED -
Debtor(s):
Coto Investments, Inc. Represented By Robert P Goe Charity J Manee
Movant(s):
Coto Investments, Inc. Represented By Robert P Goe Robert P Goe Charity J Manee Charity J Manee
11:30 AM
#30.00 CONT'D Hearing
RE: [8] Emergency motion Emergency Motion for Order Authorizing (1) Maintenance of Certain Pre-Petition Bank Accounts for 30 Days; and (2) Reimbursement of Debtor's Principals' Credit Cards for Business Purchases; Memorandum of Points and Authorities in Support thereof with Proof of Service
FR. 10-15-20
Docket 8
- NONE LISTED -
Debtor(s):
Coto Investments, Inc. Represented By Robert P Goe Charity J Manee
Movant(s):
Coto Investments, Inc. Represented By Robert P Goe Robert P Goe Charity J Manee Charity J Manee
11:30 AM
Docket 1
Set bar date of 1/22/21. Notice by 11/23/20. Set claim objection date of 3/15/21.
Set plan and disclosure deadline as 4/9/21.
Debtor(s):
Coto Investments, Inc. Represented By Robert P Goe Charity J Manee
11:30 AM
Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [1] Adversary case 9:18-ap-01040. Complaint by The Official Committee of Unsecured Creditors against Gurpreet Sahani, Gurpreet Gurpreet Sahani as Trustee of The Green Acres Trust Dated May 10, 2017, Rajinder Sahani, Amarjit Sahani, Shaheen Sahani. Recovery, and Preservation of Preferential Transfers;
Avoidance, Recovery, and Preservation of Intentional Fraudulent Transfers;
Avoidance, Recovery, and Preservation of Constructive Fraudulent Transfers; (4) Breach of Fiduciary Duty; (5) Conversion/Misappropriation; (6) Civil Liability Under Penal Code § 496; (7) Unfair Business Practices (Business and Professions Code § 17200); (8) Misappropriation of Trade Secrets; (9) Declaratory Relief; (10) Quiet Title; and (11) Turnover (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))(Haes, Chad)
FR. 10-24-18, 4-16-19, 6-12-19, 7-23-19, 3-24-20, 6-23-20
Docket 1
- NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Gurpreet Sahani Represented By Lewis R Landau
11:30 AM
Rajinder Sahani Represented By Lewis R Landau
Amarjit Sahani Represented By Lewis R Landau
Shaheen Sahani Represented By Lewis R Landau
Gurpreet Sahani as Trustee of The Represented By
Lewis R Landau
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Chad V Haes
D Edward Hays Tinho Mang
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Adv#: 9:18-01048 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [1] Adversary case 9:18-ap-01048. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against State of New Jersey Department of the Treasury, Taxation Division. Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance of Claims Held by Defendant [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)
FR. 11-28-18, 4-16-19, 6-12-19, 7-23-19, 3-24-20, 6-23-20
Docket 1
Please remember that handwriting fonts are not signatures.
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
State of New Jersey Department of Represented By
Heather Lynn Anderson
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
11:30 AM
Trustee(s):
D Edward Hays
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Adv#: 9:18-01049 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v. Los
RE: [1] Adversary case 9:18-ap-01049. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against Los Angeles County Treasurer and Tax Collector. Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance of Claims Held by Defendant [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)
FR. 11-28-18, 6-12-19, 7-23-19, 3-24-20, 6-23-20
Docket 1
- NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Los Angeles County Treasurer and Represented By
Jacquelyn H Choi
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
D Edward Hays
11:30 AM
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Adv#: 9:18-01051 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [1] Adversary case 9:18-ap-01051. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against California Franchise Tax Board. Recovery, And Preservation Of Fraudulent Transfers [11
U.S.C. §§ 548, 550, and 551]; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551]; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance Of Claims Held by Defendant [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)
AND
Status Hearing
RE: [22] Third-Party Complaint by California Franchise Tax Board against Jasmine Sahani, Gurmeet Sahani, Shaneen Sahani, Gurpreet Sahani, Rajinder Sahani, Amarjit Sahani For 1) Unjust Enrichment (Claims 1-6), 2) Constructive Trust (Claims 7-12), 3) Equitable Lien (Claims 13-18), and 4) Equitable
Indemnity (Claims 19-24).
FR. 1-30-19, 4-16-19, 6-12-19, 7-23-19, 3-24-20, 6-23-20
Docket 1
- NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
California Franchise Tax Board Represented By John C Keith
11:30 AM
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Adv#: 9:18-01052 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.
RE: [1] Adversary case 9:18-ap-01052. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against Department of the Treasury, Internal Revenue Service. Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551]; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance of Claims Held by Defendants [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)
FR. 11-28-18, 1-9-19, 4-16-19, 6-12-19, 7-23-19, 3-24-20, 6-23-20
Docket 1
- NONE LISTED -
Debtor(s):
Rajysan, Inc. Represented By
Andrew Goodman
Defendant(s):
Department of the Treasury Pro Se
Internal Revenue Service Represented By Najah J Shariff
UNITED STATES OF AMERICA Represented By
Najah J Shariff
11:30 AM
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Richard A Marshack Chad V Haes
D Edward Hays
Trustee(s):
Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay
11:30 AM
Adv#: 9:20-01044 Western Star Financial, Inc. v. Sunny Acre, LLC, a limited liability company
RE: [7] Amended Complaint -- Plaintiff Western Star Financial, Inc's First Amended Complaint by Todd L Turoci on behalf of Western Star Financial, Inc. against all defendants. (RE: related document(s)1 Adversary case 9:20-
ap-01044. Complaint by Western Star Financial, Inc. against Sunny Acre, LLC, a limited liability company, TSASU, LLC, a limited liability company, Westminster Title Company, Inc., Corp Realty USA, LLC, a limited liability company, Edgard Augusto Meinhardt Iturbe, DOES 1-10 inclusive. (21 (Validity, priority or extent of lien or other interest in property)),(72 (Injunctive relief - other)),(14 (Recovery of money/property - other)) filed by Plaintiff Western Star Financial, Inc.). (Turoci, Todd)
Docket 7
- NONE LISTED -
Debtor(s):
Edgar Augusto Meinhardt Iturbe Pro Se
Defendant(s):
Sunny Acre, LLC, a limited liability Pro Se TSASU, LLC, a limited liability Pro Se
Westminster Title Company, Inc. Represented By
Nichole M Wong
Corp Realty USA, LLC, a limited Represented By
Mani Sheik
Edgard Augusto Meinhardt Iturbe Pro Se
DOES 1-10 inclusive Pro Se
11:30 AM
First American Title Insurance Pro Se
Plaintiff(s):
Western Star Financial, Inc. Represented By Todd L Turoci
11:30 AM
Adv#: 9:20-01044 Western Star Financial, Inc. v. Sunny Acre, LLC, a limited liability company
RE: [12] Motion to Dismiss Adversary Proceeding (Wong, Nichole)
Docket 12
- NONE LISTED -
Debtor(s):
Edgar Augusto Meinhardt Iturbe Pro Se
Defendant(s):
Sunny Acre, LLC, a limited liability Pro Se TSASU, LLC, a limited liability Pro Se
Westminster Title Company, Inc. Represented By
Nichole M Wong
Corp Realty USA, LLC, a limited Represented By
Mani Sheik
Edgard Augusto Meinhardt Iturbe Pro Se
DOES 1-10 inclusive Pro Se
First American Title Insurance Pro Se
Movant(s):
Westminster Title Company, Inc. Represented By
Nichole M Wong
Plaintiff(s):
Western Star Financial, Inc. Represented By
11:30 AM
Todd L Turoci
11:30 AM
Adv#: 9:20-01035 Faith v. Bay Area Bottling, LLC
RE: [1] Adversary case 9:20-ap-01035. Complaint by Jeremy W. Faith against Bay Area Bottling, LLC. (Charge To Estate). - Complaint for (1) Avoidance of Post-Petition Transfer; and (2) to Preserve Recovered Transfers for Benefit of Debtor's Estate [11 U.S.C. §§ 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)) (Friedman, Anthony)
FR. 8-4-20
Docket 1
- NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Bay Area Bottling, LLC Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:19-01015 KELLY v. IVERSON et al
RE: [1] Adversary case 9:19-ap-01015. Complaint by Sandra K. McBeth against Cathy Iverson. (Charge To Estate). Notice of Removal of Lawsuit Pending in State Court to Bankruptcy Court Nature of Suit: (01 (Determination of removed claim or cause)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Simons, Larry)
FR. 6-12-19, 7-16-19, 10-15-19, 12-17-19, 3-24-20, 8-10-20
Docket 1
- NONE LISTED -
Debtor(s):
Charolette D.W. Iverson Represented By Jeremy Faith
Defendant(s):
CHAROLETTE IVERSON Pro Se
Cathy Iverson Represented By
Candice Candice Bryner Jeremy Faith
Plaintiff(s):
AEOLAN KELLY Represented By Diane Goldman
Trustee(s):
Sandra McBeth (TR) Represented By Larry D Simons
11:30 AM
Adv#: 9:19-01035 Harandi v. Harandi
RE: [1] Adversary case 9:19-ap-01035. Complaint by Elizabeth Ann Harandi, Farshad Fasihi Harandi against Farshad Fasihi Harandi. priority or extent of lien or other interest in property)),(91 (Declaratory judgment)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(81 (Subordination of claim or interest))(Winston, Brandon)
Docket 1
- NONE LISTED -
Debtor(s):
Farshad Fasihi Harandi Represented By Amid Bahadori
Defendant(s):
Farshad Fasihi Harandi Represented By David A Tilem
Plaintiff(s):
Elizabeth Ann Harandi Represented By Brandon Winston
Trustee(s):
David Seror (TR) Represented By Jessica L Bagdanov Jessica Wellington
11:30 AM
Adv#: 9:20-01026 Faith v. Reed
RE: [1] Adversary case 9:20-ap-01026. Complaint by Jeremy Faith against Kimberly Reed. (Charge To Estate). Complaint: (1) To Avoid Preferential Transfers Pursuant to 11 U.S.C. § 547; (2) To Avoid Fraudulent Transfer Pursuant to 11 U.S.C. § 548(a)(1)(A); (3) To Avoid Fraudulent Transfer Pursuant to 11 U.S.C. § 548(a)(1)(B); (4) For Recovery of Avoided Transfers Under 11
U.S.C. § 550; (5) To Preserve Transfer for the Benefit of the Estate Pursuant to 11 U.S.C. § 551, (6) For Authorization to Sell Real Property in Which Co- Owner Holds Interest Pursuant to 11 U.S.C. § 363(h); and (7) For Turnover of Property of the Estate (with Proof of Service) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(31 (Approval of sale of property of estate and of a co- owner - 363(h))),(11 (Recovery of money/property - 542 turnover of property)) (Goodrich, David)
FR. 5-5-20, 7-21-20, 8-25-20, 10-6-20
Docket 1
- NONE LISTED -
Debtor(s):
Kevin B. Gilgallon Represented By Karen Ware
Defendant(s):
Kimberly Reed Pro Se
Plaintiff(s):
Jeremy Faith Represented By
David M Goodrich
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Represented By David M Goodrich
11:30 AM
Adv#: 9:20-01051 Lavi v. Elaomari
Docket 1
- NONE LISTED -
Debtor(s):
America Elaomari Represented By Sina Maghsoudi
Defendant(s):
America Elaomari Pro Se
Plaintiff(s):
Jamshid Lavi Represented By
Daniel B Spitzer
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/1606487813
ZoomGov meeting number: 160 648 7813
Password: 593130
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
11:30 AM
- NONE LISTED -
11:30 AM
Docket 57
Appearances required. The court urges the parties to discuss a resolution
before the hearing.
Debtor(s):
33 Valley, LLC Represented By Raymond H. Aver
Movant(s):
Vista Land, LLC Represented By Lorraine Anderson
11:30 AM
Docket 5
- NONE LISTED -
Debtor(s):
Mokhim Rasooli Represented By Mark E Carrillo
11:30 AM
Docket 66
Notice and Service
LBR 6004-1 provides for shortened 7-day notice of motions to approve bidding procedures. Pursuant to that rule, a motion filed on such notice must be served "by personal delivery, messenger, telephone, fax, or email to the parties to whom notice of the motion is required to be given by the FRBP or by these rules, any other party that is likely to be adversely affected by the granting of the motion." LBR 6004-1(b)(3).
The proof of service indicates service on almost all parties "via email and fax," however: (1) it appears that it was email or fax; and (2) there is no indication that any of those parties have consented to receive service by electronic means. Personal or messenger service should have been provided at least to secured creditors KAR and Naulu. The court notes that KAR received NEF notice, although that is not correctly reflected on the proof of service.
Merits
As with everything filed by the Debtor, declarations and other documents have not been properly signed by anyone other than counsel, including the declarations in support of the Motion.
The court notes several issues with the procedures:
Initial and subsequent overbids must be of at least $10,000.
This seems high for subsequent bids.
The Debtor proposes a small "break-up fee" in the form of up to
11:30 AM
$1,000 in original bidder costs, but the successful bidder must pay this amount. What's the authority for this?
The Motion is not explicit as to dates for the proposed auction and therefore when overbids are due.
The proposed sale is evidently proposed to be at the time of the hearing on the sale motion on 12/2/20. That is two weeks after this hearing. Given that overbids must be received at least three business days in advance, and an order will likely not be entered on this motion until at least the day after the hearing, this gives barely a week to solicit and receive overbids, which does not seem to be designed to maximize the sale price of each property.
Debtor(s):
Mokhim Rasooli Represented By Mark E Carrillo
11:30 AM
Docket 51
The court set this matter for hearing after identifying a number of issues, outlined below.
Notice and service are deficient. The debtor filed one document as a combined notice and application but appears to have only served part of that document in mail service. In multiple places, the application indicates that portions were not included in the version served by mail and can be requested. This is improper, even if "correct" notice/service was effected by virtue of the fact that the parties requiring notice of the full application received it by NEF. If the debtor wants to have a short notice served by mail and the full application served by NEF, he must file them separately and include separate proofs of service for each. It is not proper to have caveats in a document. If the proof of service attached to the document asserts that it was served on a certain list, the ENTIRE document must be served on that list. Also, the notice of motion states that the full motion is attached, so it must be attached to all service copies – not just portions of it.
In the application, counsel claims to have represented three chapter 11 debtors and to have prepared and obtained confirmation of a plan in one of those cases. A case report reflects that counsel has never represented a chapter 11 debtor in this district (or any other party in a chapter 11 case); he has represented two chapter 7 debtors and one chapter 13 debtor. Two of those three cases (one chapter 7 and one chapter 13) were quickly dismissed for failure to file case commencement documents. The third was a chapter 7 case for which he appears to have been counsel for only a short period. The court has concerns regarding counsel's qualifications to represent a chapter 11
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debtor.
All of the debtor’s signatures on the application are invalid DocuSign signatures.
The debtor testifies that he paid a retainer of $5,000 on 8/25/20. The application states that it was paid on 8/26/20. A declaration of the
debtor (ECF p. 8) states that there were two payments of $2,500 each on 8/26/20 for which the source was "loan from construction company." More information is needed about this "loan" – from whom? Obtained when?
The application seeks authority to file interim fee applications on negative notice, which the court does not allow.
The original application falsely claimed no connection with any party in interest. According to a supplement filed weeks later, after the objection deadline (Docket No. 55), counsel discloses that approximately two years ago he represented the proposed real estate broker. He asserts that he was not formally retained or paid.
This should have been disclosed, of course, but doesn’t seem to present a problem for counsel’s employment here. However, counsel follows this disclosure with a statement that, pursuant to discussions with the UST and KAR, he negotiated a reduction of the broker’s commission from 6% to 5%. This is perplexing – if the connection is not a problem, why would the broker agree to reduction? If the connection is a problem, the reduction does not remedy that conflict.
The retainer agreement attached to the application states that affiliates of counsel "may receive and accept compensation" from "Zevad Elalami, Luxor Funding Group, Inc., Seven Star Properties, Inc. and Century 21 Hilltop, all of which are or have been clients." This suggests that the disclosure regarding Seven Star Properties may still not be complete. Has counsel agreed with the UST to strike this portion of the retainer agreement?
11:30 AM
I’m also confused by the end of that paragraph, which suggests counsel may also act as a real estate broker as well as an attorney.
The application states that counsel seeks compensation under § 328. This seemed to be a mistake, but then the attached retainer agreement suggests otherwise and includes some unusual provisions.
Section 4 of the retainer agreement states that counsel will receive hourly fees for work in the bankruptcy case (so, presumably § 330, which is not disclosed), and the greater of an hourly fee or a 35% contingency fee for all other work. What is this contingency fee work, or why were these provisions included?
The retainer agreement states that counsel will represent the debtor in state-court litigation. This litigation and counsel’s intention to represent the debtor in the litigation during this case is not disclosed in the application (except to the extent it’s in the agreement – see ECF pp.
22-23, which does not include any mention of state-court litigation work).
Section 5 of the retainer agreement is not consistent with UST guidelines for payment.
Pursuant to the terms of the retainer agreement, it was not effective until a signed copy was returned and the "Initial Payment" was made. The agreement was signed on 8/11/20, and the payment was evidently made on 8/26/20, but counsel seeks employment retroactive to 8/1/20.
Debtor(s):
Mokhim Rasooli Represented By Mark E Carrillo
11:30 AM
Docket 52
The court set this matter for hearing after identifying a number of issues, outlined below:
Notice of the application (Docket No. 53) included an incorrect objection deadline, as it repeatedly stated that any objection must be made within 14 days, which does not include the additional three days allowed after mail service under FRCP 5.
All signatures on the application other than that of counsel are invalid DocuSign signatures.
The original application falsely claimed no connection between the broker and any party in interest. As discussed on the list of issues relating to counsel’s application, after the fact, a supplemental declaration was filed as to prior association between counsel and the broker. The broker describes the association more vaguely, saying that counsel "has provided legal counsel to Seven Star Properties in the past regarding real estate and bankruptcy legal issues, but is not actively acting as legal counsel," and will not represent the broker in this matter. This declaration, like the broker’s declaration attached to the application, is not validly signed.
The supplement also addresses the commission reduction from 6% to 5%, as discussed with respect to counsel’s application.
All of the purchase agreements predate the broker’s agreement to accept a 5% commission instead of 6%. Will this affect the amount to
11:30 AM
be paid to buyers’ brokers, and, if so, have they consented?
The listing agreements are signed by the broker on 10/12/20. The purchase offers attached to the pending sale motion (Docket No. 56) are dated much earlier (7/31/20, 8/8/20, 8/31/20).
The broker listed on the agreements is Mamdouh Elalami personally – both as the broker and the brokerage firm. Seven Star Properties is not listed. The listing agreements list Seven Star Properties as the broker’s firm. Why was Seven Star not on the purchase agreements?
The declaration of Mamdouh Elalami only speaks to the disinterestedness/lack of adverse interest of Seven Star Properties, not to himself personally. Can Mr. Elalami provide a declaration that includes himself personally?
Debtor(s):
Mokhim Rasooli Represented By Mark E Carrillo
11:30 AM
Docket 100
- NONE LISTED -
Debtor(s):
Ketab Corporation Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:30 AM
L.L.P. Debtor's Attorney, Period: 2/1/2020 to 9/30/2020, Fee: $602,226.00, Expenses: $28,358.02.
Docket 282
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
Movant(s):
Levene, Neale, Bender, Yoo & Brill Represented By
Ron Bender
11:30 AM
Docket 283
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
Movant(s):
Leitner, Zander & Co., LLP. Pro Se
11:30 AM
Docket 286
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
Movant(s):
Miller Law Partners, PC Pro Se
11:30 AM
Docket 287
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
Movant(s):
Shemanolaw Represented By
David B Shemano
11:30 AM
$75,577.00, Expenses: $4,645.40.
Docket 290
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
Movant(s):
McGarrigle, Kenney & Zampiello, Pro Se
11:30 AM
Docket 292
Debtor(s):
NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith
Movant(s):
NAI Capital, Inc. Represented By Ron Bender Ron Bender Ron Bender Todd M Arnold Todd M Arnold Todd M Arnold Lindsey L Smith Lindsey L Smith Lindsey L Smith
10:30 AM
#0.00 Please Note that the 10:30 AM Chapter 13 Calendar Starts on Page 6
(Northern Division Cases).
The 10:30 a.m. ND Chapter 13 Hearings - Will be Held via CourtCall
The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the court for permission. Simply contact CourtCall at (866) 582-6878.
Through March 31, 2021, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).
Docket 0
- NONE LISTED -
2:00 PM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/1604185948
ZoomGov meeting number: 160 418 5948
Password: 213150
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
2:00 PM
Docket 123
- NONE LISTED -
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Movant(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Trustee(s):
Susan K Seflin (TR) Pro Se
2:00 PM
fr.10-20-20,10-28-20
Docket 65
- NONE LISTED -
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Trustee(s):
Susan K Seflin (TR) Pro Se
2:00 PM
fr.10-20-20,10-28-20
Docket 1
- NONE LISTED -
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Trustee(s):
Susan K Seflin (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Thomas Martin Represented By
Michael D Kwasigroch
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 24
- NONE LISTED -
Debtor(s):
Anita Roberta Stone Represented By Eric Ridley
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Greg K Beck Represented By
Reed H Olmstead
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Alfonso Lara Portugal Represented By Kenneth H J Henjum
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Brendan J Searls Represented By Carissa N Horowitz William C Beall
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Consent Calendar (Per Trustee)
Docket 1
- NONE LISTED -
Debtor(s):
Christen Kayser Represented By Shawn S White
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Bradley Jay Herman Represented By Khachik Akhkashian
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Timothy James Umphenour Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Israel Ezekiel Rodriguez Represented By Louis J Esbin
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Caleb Eugene Cole Represented By Vaughn C Taus
Joint Debtor(s):
Holly Ann Cole Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Consent Calendar (Per Trustee)
Docket 1
- NONE LISTED -
Debtor(s):
Micheal Robert Boyer Represented By Christian J Younger
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Christopher Giovanny Flores Represented By
L. Tegan Rodkey
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Christi Leigh Proskow Represented By Michael B Clayton
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Consent Calendar (Per Trustee)
Docket 1
- NONE LISTED -
Debtor(s):
Elizabeth Martha Hintz Represented By Allan S Williams
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Consent Calendar (Per Trustee)
Docket 1
- NONE LISTED -
Debtor(s):
Veronica Mendoza Represented By Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
(Hearing is set based upon Memorandum and Judgment entered by the BAP) FR. 9-19-19, 10-17-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20, 7-16-20, 9-17-20
Docket 1
9/17/20:
The court will first address the claim issue at matter 16.1 and then turn to confirmation, matter 16.
9/17/20 Cont'd Confirmation Hearing: It has now been over a year since this case was reinstated after appeal.
On Tuesday, September 15, the debtors filed a document titled "Response to Tentative Rulings Posted on 9/15/20" (Docket No. 178). This document is perplexing. As of 9/15/20, the only tentative ruling posted for any of the four matters on calendar in this case was for this matter, which was clearly labeled as "Tentative ruling for 5/21/20. This tentative ruling will be posted on 9/16/20.
Tentative ruling for 5/21/20:
The confirmation hearing was continued from 1/16 to 3/26/20. On 1/16, the court noted that there had been multiple hearings since remand and that the SPS claim objection still had not been properly noticed. The trustee’s counsel noted that there was still no relevant plan because no amended plan had been filed since the remand. The prior plan was outdated because the Debtors had used the refunded plan payments and may have reduced claims while the case was dismissed. Counsel for the Debtors still had not come to a conclusion about the plan term, she had a "thinking" and didn’t understand why she couldn’t use the plan she had on file. The court noted that the existing pre-appeal plan didn’t match counsel’s "thinking." There was further
10:30 AM
colloquy between counsel and the court about properly noticing a new plan. Counsel also noted that she had no RARA. The court also told Ms. Lawson that she could always file a motion under § 529.
Confirmation was continued from 3/26 until today without being called at that
time.
No post-appeal plan was filed until 4/10/20, more than six months after
remand (Docket No. 132). A filer error was entered the same day (Docket No 136) noting that the plan was filed on an out-of-date form – counsel used the 2012 plan form. The notice to filer instructed counsel to immediately re-file the correct document. This has not been done, so there is still no plan since prior to the dismissal and appeal.
An objection to confirmation has been filed by the Debtors’ first mortgage lienholder, by U.S. Bank, N.A., as trustee. U.S. Bank states that the proposed plan provides for arrearages of $7,265.60 while the actual arrearages are $30,327.25. The objection notes that the Debtors never properly noticed the claim objection filed eight months ago on 9/18/19.
There appears to be ample basis for dismissal here.
Ruling on January 16, 2020
Continued to March 26, 2020 at 10:00 a.m. Dtrs are required to either set their claims objection for hearing or file an adversary proceeding.
Ruling for 11/21/19: Continued to 1/16/20. Also, Debtor should file a withdrawl of the SPS objection.
Ruling for October 17, 2019: Continued to 11/21/19.
Debtor(s):
Arnold W Gross Represented By Stuart R Simone Janet A Lawson
10:30 AM
Joint Debtor(s):
Laurie E Gross Represented By Stuart R Simone Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 7-16-20, 9-17-20
Docket 147
If the parties haven't consensually resolved this matter and do not request a continuance, the court will hear brief oral argument and rule.
Debtor(s):
Arnold W Gross Represented By Stuart R Simone Janet A Lawson
Joint Debtor(s):
Laurie E Gross Represented By Stuart R Simone Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 9-17-20
Docket 165
The court doesn't see any reason why this "second objection" was filed. This is, in essence, a supplemental brief in support of the debtor's claim objection filed at Docket No. 147 (Cal. No. 16.1), framed and noticed as a "second" claim objection. It would actually be the third (Docket No. 113 was never set for hearing). The brief is almost identical to that filed as a reply with respect to Docket No. 147 (Docket No. 158). The court did not allow for any supplemental briefing after the 7/16/20 hearing, so to the extent this "claim objection" is a supplemental brief, it is stricken from the record.
To the extent this is a new claim objection, filed when there are two pending claim objections, one of which has been fully briefed already and continued by the court for further hearing, the court finds that the debtors' successive claim objections (including a fourth objection - Cal. No. 16.3) are not proper because:
"a debtor is not entitled to utilize the filing of amended or supplemental objections in order to file successive and repeated objections to the claim of a creditor. The filing of such successive and repeated objections, even if based on different grounds, is unduly burdensome and prejudicial to creditors who are subjected to such tactics."
In re Catron, 198 B.R. 908, 909 (Bankr. M.D.N.C. 1996).
No hearing is needed for the court to overrule this "second objection" without a hearing. This matter will not be called.
10:30 AM
Debtor(s):
Arnold W Gross Represented By Stuart R Simone Janet A Lawson
Joint Debtor(s):
Laurie E Gross Represented By Stuart R Simone Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [168] Motion Objection to Miscellaneous Fees Charged by Secured Creditor
U.S. Bank, Said Fees Not Included in the Proof of Claim.
FR. 9-17-20
Docket 168
A hearing is not needed for the court to rule on this matter. This "objection" is overruled. This matter will not be called.
This is the fourth claim objection filed by the debtors to this claim, all four of which remain pending (See Cal. Nos. 16.1 and 16.2, the first was never set for hearing).
This is a "claim objection" by name only, as it appears to be a request for an accounting, supported by a declaration by the debtors' counsel's assistant, as to charges and/or accounting entries on the debtors mortgage account mostly postpetition.
The debtors argue without support that every one of numerous entries on their account history totalled by counsel's assistant is a "fee" and argue that they are entitled to know what those "fees" are for.
The claimant addresses this "objection" in its omnibus response to all of the pending claim "objections" (Docket No. 172). The claimant points out that this document does not actually constitute a claim objection as it includes no requested relief. The claimant argues that, even to the extent the debtors' filing constitutes a claim objection, they have not presented any evidence that would overcome the prima facie validity of claim 15. The claimant also attaches information regarding corporate advance codes from which the debtors may be able to identify the "fees" they complain of.
FRBP 3002(c)(2)(A) requires any claim including "interest, fees, expenses, or
10:30 AM
aother charges incurred before the petition was filed" to include an itemized statement of those amounts. The debtors do not claim that this requirement has not been met as to any of the "fees" that were prepetition.
The debtors have provided no authority for a conclusion that claim 15 contains insufficient information to constitute a prima facie claim or any authority for disallowance of the claim based on the debtors' lack of understanding of the amounts set forth in the claim.
The debtors cite two cases, neither of which is analogous to the situation here. Both of the cited cases (In re Melbell Assoc. and In re Atwood) involved oversecured creditors. According to the debtors' schedules, the claimant here is undersecured. In Melbell Assoc., the issue was the extent to which the creditor could recover certain fees and costs from the proceeds of the postpetition sale of the debtor's property. In Atwood, the issue involved the oversecured creditor's § 506(b) claim for fees and costs and whether the creditor had to seek fees under FRBP 2016 rather than through its claim.
The holding of that decision relates to how a court is to determine reasonableness of fees under § 506(b).
In short, while the holdings of these cases may have sounded good to the debtors, they do not provide a basis for disallowance of a claim based on the debtors' lack of understanding as to what certain fees and charges represent.
If the debtors were truly trying to determine the nature of the charges to assess their appropriateness, they could have sought discovery, but evidently have not.
The debtors' "claim objection" fails to provide sufficient basis to rebut the validity of the claim. Overrule.
Debtor(s):
Arnold W Gross Represented By Stuart R Simone Janet A Lawson
10:30 AM
Joint Debtor(s):
Laurie E Gross Represented By Stuart R Simone Janet A Lawson
Movant(s):
Arnold W Gross Represented By Stuart R Simone Janet A Lawson
Laurie E Gross Represented By Stuart R Simone Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 184
- NONE LISTED -
Debtor(s):
Arnold W Gross Represented By Stuart R Simone Janet A Lawson
Joint Debtor(s):
Laurie E Gross Represented By Stuart R Simone Janet A Lawson
Movant(s):
Arnold W Gross Represented By Stuart R Simone Janet A Lawson
Laurie E Gross Represented By Stuart R Simone Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 2-21-19, 3-21-19, 5-23-19, 9-19-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20,
7-16-20, 9-17-20
Docket 1
- NONE LISTED -
Debtor(s):
Jorge Ramirez Represented By Janet A Lawson
Joint Debtor(s):
Amelia Ramirez Represented By Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 5-23-19, 9-19-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20, 7-16-20, 9-17-20
Docket 1
Ruling for May 23, 2019:
Continued to September 19, 2019
Debtor(s):
Susan Y McDermott Represented By Jerry Namba
Joint Debtor(s):
Michael J McDermott III Represented By Jerry Namba
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [48] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Leta Finch v. Susan and Michael McDermott . (Bertelsen, Susan)
FR. 6-21-19, 8-16-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20, 7-16-20, 9-17-20
Docket 48
9/17/20: These matters will be continued to November by stipulation.
Ruling for 6/21/19: Continued to 8/16/19 at 10:30 a.m. for proper service on the debtor per the local rules.
Debtor(s):
Susan Y McDermott Represented By Jerry Namba
Joint Debtor(s):
Michael J McDermott III Represented By Jerry Namba
Movant(s):
Leta Finch Represented By
David Stroud David P Stroud
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 8-16-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20, 7-16-20, 9-17-20
Docket 45
9/17/20: These matters will be continued to November by stipulation.
Debtor(s):
Susan Y McDermott Represented By Jerry Namba
Joint Debtor(s):
Michael J McDermott III Represented By Jerry Namba
Movant(s):
Susan Y McDermott Represented By Jerry Namba
Michael J McDermott III Represented By Jerry Namba
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [53] Motion for Abstention Under Section 305
FR. 8-16-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20, 7-16-20, 9-17-20
Docket 53
9/17/20: These matters will be continued to November by stipulation.
Debtor(s):
Susan Y McDermott Represented By Jerry Namba
Joint Debtor(s):
Michael J McDermott III Represented By Jerry Namba
Movant(s):
Leta Finch Represented By
David Stroud David P Stroud
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Consent Calendar (Per Trustee)
Docket 1
- NONE LISTED -
Debtor(s):
Terry Lane Represented By
Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Robert L. Magee Represented By Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Patricia Ellen Davidson Represented By Matin Rajabov
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Joint Debtor(s):
Holli Kolkowski Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [67] Motion to Avoid Lien JUNIOR LIEN with Ditech Financial LLC FR. 10-22-20
Docket 67
- NONE LISTED -
Debtor(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Joint Debtor(s):
Holli Kolkowski Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [69] Motion to Avoid Lien Property Lien with Simi Valley Homeowners Association
FR. 10-22-20
Docket 69
- NONE LISTED -
Debtor(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Joint Debtor(s):
Holli Kolkowski Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 85
- NONE LISTED -
Debtor(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Joint Debtor(s):
Holli Kolkowski Represented By Bryan Diaz
Movant(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Holli Kolkowski Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Samuel Lawrence Dodd Represented By Vaughn C Taus
Joint Debtor(s):
Jamie Marie Dodd Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Don Fitch Represented By
Eric Ridley
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Robert Barberie Represented By Patricia Rodriguez Eric Rasmussen
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 32
- NONE LISTED -
Debtor(s):
Jason Tiscareno Represented By Janet A Lawson
Joint Debtor(s):
Katherine D. Tiscareno Represented By Janet A Lawson
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Mario Flores-Cevada Represented By
Leroy Bishop Austin
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 1-16-20, 2-27-20, 4-16-20, 6-18-20, 8-20-20, 9-17-20, 10-22-20
Docket 1
- NONE LISTED -
Debtor(s):
Garland Chester Represented By Vaughn C Taus
Joint Debtor(s):
Juliet Chester Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [64] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (SV))
Docket 64
- NONE LISTED -
Debtor(s):
Sylvia M Raya Represented By Janet L Mertes
Joint Debtor(s):
Sergio Raya Represented By
Janet L Mertes
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 81
- NONE LISTED -
Debtor(s):
Abel Mejia-Reyes Represented By Juanita V Miller
Joint Debtor(s):
Sugery Mejia Represented By
Juanita V Miller
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [33] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 9-17-20
Docket 33
- NONE LISTED -
Debtor(s):
Ronald James Wilson Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [139] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 10-22-20
Docket 139
- NONE LISTED -
Debtor(s):
Clarence Acie Rudd III Represented By Steven A Alpert
Joint Debtor(s):
Deborah Lee Rudd Represented By Steven A Alpert
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [93] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (SV))
Docket 93
- NONE LISTED -
Debtor(s):
Terry Andrew Stanard Jr. Represented By Nathan Berneman
Joint Debtor(s):
Lanett Diane Stanard Represented By Nathan Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [47] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (SV))
FR. 10-22-20
Docket 47
- NONE LISTED -
Debtor(s):
Angelica J Hernandez Represented By Rebecca Tomilowitz
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 83
- NONE LISTED -
Debtor(s):
Maria Cristina Abalos Represented By Mark T Jessee
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 10-22-20
Docket 47
- NONE LISTED -
Debtor(s):
Scott A. Slosson Represented By Michael B Clayton
Joint Debtor(s):
Carie L. Slosson Represented By Michael B Clayton
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 47
- NONE LISTED -
Debtor(s):
Audra Laverne Henson Represented By James C Ames
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [48] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 10-22-20
Docket 48
- NONE LISTED -
Debtor(s):
Hector Aguayo Mercado Sr. Represented By Gregory M Shanfeld
Joint Debtor(s):
Coreen Maria Mercado Represented By Gregory M Shanfeld
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [44] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20, 6-18-20, 8-20-20, 10-22-20
Docket 44
- NONE LISTED -
Debtor(s):
Jamie Luna Represented By
Matthew D. Resnik
Joint Debtor(s):
Brandy Marie Luna Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [91] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20, 6-18-20, 7-16-20, 8-20-20, 9-17-20
Docket 91
- NONE LISTED -
Debtor(s):
Scott Rosson Represented By
Michael D Kwasigroch
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 67
- NONE LISTED -
Debtor(s):
Sandra M. Royster Represented By
Rabin J Pournazarian
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [64] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 10-22-20
Docket 64
- NONE LISTED -
Debtor(s):
Pablo Valencia Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 3-26-20, 5-21-20, 7-16-20, 9-17-20, 10-22-20
Docket 56
- NONE LISTED -
Debtor(s):
Mervlyn Thelma Kerr Represented By Charles Shamash Joseph E. Caceres
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 4-16-20, 6-18-20, 8-20-20, 9-17-20
Docket 62
- NONE LISTED -
Debtor(s):
Cristina Marie Pagan Nowling Represented By Kevin T Simon
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 80
- NONE LISTED -
Debtor(s):
Steve Altamirano Represented By Vaughn C Taus
Joint Debtor(s):
Sally Altamirano Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [46] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 9-17-20, 10-22-20
Docket 46
- NONE LISTED -
Debtor(s):
Kyle Nicholas McReynolds Represented By Daniel King
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [84] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 9-17-20, 10-22-20
Docket 84
- NONE LISTED -
Debtor(s):
Jose Suayan Represented By
Roy M Holland
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [86] Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments
FR. 9-17-20, 10-22-20
Docket 86
- NONE LISTED -
Debtor(s):
Jose Suayan Represented By
Roy M Holland
Movant(s):
Jose Suayan Represented By
Roy M Holland Roy M Holland Roy M Holland Roy M Holland Roy M Holland
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [31] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 2-27-20, 4-16-20, 6-18-20, 8-20-20, 10-22-20
Docket 31
Ruling for February 27, 2020
Continued to April 16, 2020 at 10:00 a.m.
Debtor(s):
Gilbert Ray De La Mora Represented By James C Ames
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [31] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 9-17-20, 10-22-20
Docket 31
- NONE LISTED -
Debtor(s):
Alvaro Manuel Arguello Represented By Ali R Nader
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [35] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20, 6-18-20, 8-20-20, 9-17-20, 10-22-20
Docket 35
- NONE LISTED -
Debtor(s):
Jason Bruce Leaseburg Represented By Matthew D. Resnik
Joint Debtor(s):
Melanie Kate Leaseburg Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [71] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 9-17-20, 10-22-20
Docket 71
- NONE LISTED -
Debtor(s):
Jay Brian Schoen Represented By Rob R Nichols
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [31] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 10-22-20
Docket 31
- NONE LISTED -
Debtor(s):
Richard Page Represented By
Todd Mannis
Joint Debtor(s):
Andrea McCartney-Page Represented By Todd Mannis
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [108] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 108
- NONE LISTED -
Debtor(s):
Roy G Howat Represented By
John K Rounds
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [141] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 141
- NONE LISTED -
Debtor(s):
Joseph Anthony Kovach Represented By
Rabin J Pournazarian
Joint Debtor(s):
Renee Lynne Kovach Represented By
Rabin J Pournazarian
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 32
- NONE LISTED -
Debtor(s):
Jonathan Charles Bay Represented By
Rabin J Pournazarian
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 10-22-20
Docket 106
- NONE LISTED -
Debtor(s):
Carol M Shilkett Represented By Andy C Warshaw
Movant(s):
Carol M Shilkett Represented By Andy C Warshaw
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [20] Motion RE: Objection to Claim Number 22 by Claimant Don Schmitz, Schmitz & Associates, Inc.. with Proof of Service
FR. 1-17-19, 7-25-19, 8-15-19, 11-21-19, 4-16-20
Docket 20
- NONE LISTED -
Debtor(s):
Jeffrey Scott Lewis Represented By Kevin T Simon
Joint Debtor(s):
Debra Sue Lewis Represented By Kevin T Simon
Movant(s):
Jeffrey Scott Lewis Represented By Kevin T Simon
Debra Sue Lewis Represented By Kevin T Simon
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
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Docket 0
- NONE LISTED -
11:30 AM
RE: [43] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1712 SHADY BROOK DR, THOUSAND OAKS, CA 91362 . (Ferry, Sean)
FR. 10-27-20
Docket 43
Have the parties agreed on an APO?
Debtor(s):
Nancy Ann Graham Represented By Gregory M Shanfeld
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Sean C Ferry Eric P Enciso
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [44] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1734 Gillespie Street / 835 West Islay Street, Santa Barbara, California 93101 with Proof of Service.
FR. 5-18-20, 6-16-20, 10-27-20
Docket 44
Have the parties agreed on an APO?
Debtor(s):
Adriana Elizabeth Velazquez Represented By Reed H Olmstead
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Erin Elam Jenelle C Arnold
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 60
- NONE LISTED -
Debtor(s):
Frank Joseph Heller Represented By Eric Ridley
Joint Debtor(s):
Marlo Marie Heller Represented By Eric Ridley
Movant(s):
Santander Consumer USA Inc., an Represented By
Sheryl K Ith
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 39
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
Deny co-debtor relief; no cause has been shown. MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Clifford G. Henthorne Represented By Michael B Clayton
Joint Debtor(s):
Marcelina Henthorne Represented By Michael B Clayton
11:30 AM
Movant(s):
Golden 1 Credit Union Represented By Rebecca M Wicks
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 34
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Patricia G. Newton Represented By Carissa N Horowitz
Movant(s):
Ally Financial Represented By Jenelle C Arnold
11:30 AM
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [45] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2150 Snow Avenue, Oxnard, CA 93036 and Proof of Service. (Exnowski, Dane)
Docket 45
- NONE LISTED -
Debtor(s):
Margaret Onita Malcolm Represented By David Joel Follin
Joint Debtor(s):
Lincoln Malcolm Represented By David Joel Follin
Movant(s):
CITIBANK, N.A., as Trustee for Represented By
Raymond Jereza Jenelle C Arnold Dane W Exnowski
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [11] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2098 Tapidero Ave., Los Osos, CA 93402 with proof of service.
FR. 10-27-20
Docket 11
Any updates since the interim order?
Debtor(s):
Damian Joseph Nieman Represented By Vaughn C Taus
Movant(s):
San Luis Financial Represented By William C Beall
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 12
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1) and (d)(4).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
Debtor(s):
Kelly M Head Represented By
Tom A Moore
11:30 AM
Movant(s):
UMB Bank National Association, Represented By
Jenelle C Arnold
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 9
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(4) only. GRANT waiver of FRBP 4001(a)(3) stay.
Deny all other requested relief; case has been dismissed.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Stacy Hinkle Represented By
Brian Nomi
Movant(s):
Investment Management Company Represented By
Allan D Sarver
11:30 AM
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
RE: [8] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 4610 E. Los Angeles Ave. Unit A Simi Valley, CA 93063 .
Docket 8
- NONE LISTED -
Debtor(s):
Elmer's King's Tire and Wheel, LLC Represented By
Brian Nomi
Movant(s):
Apkasi, LLC Represented By
Lane M Nussbaum
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 68
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Michael D Jones Represented By
Andrew S Mansfield - INACTIVE -
Joint Debtor(s):
Sonia Jones Represented By
Andrew S Mansfield - INACTIVE -
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy Carmela Pagay
11:30 AM
Docket 180
- NONE LISTED -
Debtor(s):
Loren T Flynn III Represented By Linda S Blonsley Janet A Lawson
Joint Debtor(s):
Kelli M Flynn Represented By Linda S Blonsley Janet A Lawson
Movant(s):
Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz
Trustee(s):
Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz
11:30 AM
Docket 181
- NONE LISTED -
Debtor(s):
Loren T Flynn III Represented By Linda S Blonsley Janet A Lawson
Joint Debtor(s):
Kelli M Flynn Represented By Linda S Blonsley Janet A Lawson
Movant(s):
Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz
Trustee(s):
Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz
11:30 AM
Docket 76
The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs
2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
11:30 AM
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
Docket 77
The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs
2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Trustee(s):
Jerry Namba (TR) Represented By
11:30 AM
John N Tedford IV Eric P Israel
11:30 AM
$0.00. (Namba (TR), Jerry)
Docket 82
The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs
2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Movant(s):
Jerry Namba (TR) Represented By
John N Tedford IV
11:30 AM
Trustee(s):
Eric P Israel
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
Docket 45
- NONE LISTED -
Debtor(s):
Coto Investments, Inc. Represented By Robert P Goe Charity J Manee
Movant(s):
Coto Investments, Inc. Represented By Robert P Goe Robert P Goe Charity J Manee Charity J Manee
11:30 AM
RE: [3] Motion to Use Cash Collateral FR. 9-8-20, 10-6-20
Docket 3
Approve the stipulation for use of cash collateral.
Debtor(s):
Valley Farm Supply, Inc. Represented By William C Beall Carissa N Horowitz
Movant(s):
Valley Farm Supply, Inc. Represented By William C Beall William C Beall Carissa N Horowitz Carissa N Horowitz
11:30 AM
RE: [279] U.S. Trustee Motion to dismiss or convert Notice Of Motion And Motion Under 11 U.S.C. § 1112(b) To Dismiss Or Convert Case; Declaration Of Alfred Cooper III . (Fittipaldi, Brian)
FR. 8-10-20, 9-14-20, 10-27-20
Docket 279
It doesn't appear that this case is ready for confirmation, again.
Does the U.S. Trustee intend to prosecute the motion to dismiss today?
Debtor(s):
Jonathan David Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
RE: [174] Amended Chapter 11 Plan (FIRST AMENDED), with Proof of Service 149 Chapter 11 Plan of Reorganization , with Proof of Service . (Moradi-Brovia, Roksana)
FR. 10-2-18, 11-13-18, 12-18-18, 1-15-19, 2-5-19,
FR. 3-11-19 (STATUS CONFERENCE/HOLDING DATE),
FR. 5-14-19, 7-3-19, 9-26-19, 12-17-19, 3-3-20, 3-24-20, 6-1-20, 7-13-20,
9-14-20, 10-27-20
Docket 174
It doesn't appear that this case is ready for confirmation, again.
Does the U.S. Trustee intend to prosecute the motion to dismiss today?
Debtor(s):
Jonathan David Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:30 AM
RE: [243] Application for Compensation First and Final Application by Nelson Comis Kettle & Kinney LLP, General Bankruptcy Counsel for Debtor, For Allowance of Fees and Reimbursement for Costs for the Period of April 19, 2019 through October 27, 2020; Declaration of William E. Winfield; Declaration of Candace Pendleton for Nelson Comis Kettle & Kinney LLP, Debtor's Attorney, Period: 4/19/2019 to 10/27/2020, Fee: $46627.70, Expenses: $206.43.
Docket 243
The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Selfridge Partners, LLC Represented By William E. Winfield
11:30 AM
Movant(s):
Nelson Comis Kettle & Kinney LLP Represented By
William E. Winfield
11:30 AM
Adv#: 9:19-01052 Colebrook et al v. Bowen Gardner et al
FR. 11-19-19, 12-5-19, 2-18-20, 4-7-20, 6-23-20, 10-14-20
Docket 9
The court thanks the parties for their joint status report and believes that the parties have made ample progress.
Discovery cutoff 3/31/2021
Status conference 3/31/2021. At that point, the court will be able to set dates for a pretrial conference and trial.
Debtor(s):
Andrea Bowen-Gardner Pro Se
Defendant(s):
Andrea Bowen Gardner Represented By David Brian Lally
Philip Gardner Represented By David Brian Lally
Joint Debtor(s):
Philip Gardner Pro Se
11:30 AM
Plaintiff(s):
Teena Colebrook Pro Se
Colleen Craig Pro Se
Kevin Rock Pro Se
Richard Viar Pro Se
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:20-01053 Spoodis v. Franklin
Docket 1
Since the parties haven't filed a status report, it isn't clear whether this matter is going forward. Please advise the court of the status.
Debtor(s):
Gregory Scott Franklin Represented By Edwin J Rambuski
Defendant(s):
Gregory Scott Franklin Pro Se
Plaintiff(s):
Michael Scott Spoodis Represented By
G Bryan Brannan
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Adv#: 9:20-01012 Hamm II v. Namba
RE: [18] Motion For Summary Judgment, Notice of Motion, Filed by Plaintiff FR. 10-27-20
Docket 18
- NONE LISTED -
Debtor(s):
Charles Ardeil Hamm II Pro Se
Defendant(s):
Jerry Namba Represented By
Jerry Namba
Movant(s):
Charles A Hamm II Pro Se
Plaintiff(s):
Charles A Hamm II Pro Se
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Adv#: 9:20-01012 Hamm II v. Namba
RE: [36] Motion For Summary Judgment /Judgment on the Pleadings with proof of service
Docket 36
- NONE LISTED -
Debtor(s):
Charles Ardeil Hamm II Pro Se
Defendant(s):
Jerry Namba Represented By
Jerry Namba
Movant(s):
Jerry Namba Represented By
Jerry Namba
Plaintiff(s):
Charles A Hamm II Pro Se
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/1603462719
ZoomGov meeting number: 160 346 2719
Password: 341075
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions
Docket 0
11:30 AM
Adv#: 2:20-01621 Alexx Brown, LLC v. Brown et al
Docket 5
Debtor(s):
Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff
Defendant(s):
Alexxander Brown Pro Se
John Does 1-10 Pro Se
Movant(s):
Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff
Plaintiff(s):
Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff
11:30 AM
Adv#: 2:20-01621 Alexx Brown, LLC v. Brown et al
fr. 10-28-20
Docket 1
Debtor(s):
Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff
Defendant(s):
Alexxander Brown Pro Se
John Does 1-10 Pro Se
Plaintiff(s):
Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff
11:30 AM
Adv#: 2:20-01636 Los Angeles School of Gymnastics, Inc. v. Super Redondo, LLC et al
fr.10-28-20,11-12-20
Docket 6
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Defendant(s):
Super Redondo, LLC Pro Se
Fariba Danesh as trustee of the Pro Se
Movant(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Plaintiff(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Trustee(s):
Susan K Seflin (TR) Pro Se
11:30 AM
Adv#: 2:20-01636 Los Angeles School of Gymnastics, Inc. v. Super Redondo, LLC et al
Docket 1
Debtor(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Defendant(s):
Super Redondo, LLC Pro Se
Fariba Danesh as trustee of the Pro Se
Plaintiff(s):
Los Angeles School of Gymnastics, Represented By
Michael S Kogan
Trustee(s):
Susan K Seflin (TR) Pro Se
11:30 AM
Adv#: 2:20-01639 Huang v. Carter et al
Docket 1
Debtor(s):
Yu Hua Long Investments LLC Represented By
M. Jonathan Hayes
Defendant(s):
Maureen Carter Pro Se
Roger C Carter Pro Se
SI LAU Pro Se
Kitty Yip Pro Se
David Wan Pro Se
Winnie Wan Pro Se
Plaintiff(s):
Teng Huang Represented By
Steven R Fox
Trustee(s):
Timothy Yoo (TR) Represented By Philip A Gasteier Jeffrey S Kwong Timothy J Yoo
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/1618854410
ZoomGov meeting number: 161 885 4410
Password: 769935
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
Fr.11-18-20
Docket 57
- NONE LISTED -
Debtor(s):
33 Valley, LLC Represented By Raymond H. Aver
Movant(s):
Vista Land, LLC Represented By Lorraine Anderson
11:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Hilary Taylor Johnson Represented By Onyinye N Anyama
11:30 AM
Docket 56
The evidentiary objections are overruled.
Notice is inadequate. It does not comply with LBR 6004-1(c)(3), and the court is particularly concerned about the adequacy of the notice to Naulu that the sale purports to be free and clear if its interests.
KAR clearly does not consent to the free and clear sale.
There is no evidence supporting the Debtor's attempt to invoke section 363(f) (3).
The court has no basis to conclude that any provision of section 363(f) applies to the proposed sale.
There are numerous other issues with the sale, distribution of proceeds, and 363(m) finding.
Debtor(s):
Mokhim Rasooli Represented By Mark E Carrillo
11:30 AM
Docket 5
- NONE LISTED -
Debtor(s):
Mokhim Rasooli Represented By Mark E Carrillo
11:30 AM
Docket 64
Fees seem somewhat high for what little had been accomplished in this case through 10/31/20.
The client’s declaration was not separately filed, as required by the
LBR.
The Firm deducts $4,000 from its initial retainer, noting that that
amount "was allocated for prepetition services" – was that amount billed? What does "allocated" mean?
There are numerous time entries not in tenths of an hour – throughout the invoices there are entries ending with decimals of 0.15, 0.35, 0.65, 0.55,
and 0.85.
There is no written opposition. The court can approve conditioned on the filing of a declaration and corrected invoice with all entries in tenths of an hour and an explanation of how these amounts came to be billed in non tenths, as well as how the Firm corrected them. Alternatively, the court can approve with reductions of all of these entries to the lower tenth of an hour.
Debtor(s):
Megna Real Estate Holdings, Inc. Represented By
Mark T Young
11:30 AM
Docket 55
The debtor hasn't left the court with any real option other than to grant an extension. Given the status of the motion to value, shouldn't the extension be even longer than requested? January 15 seems ambitious.
Debtor(s):
Megna Real Estate Holdings, Inc. Represented By
Mark T Young
11:30 AM
Docket 61
Continue to give the objecting creditor time to obtain an appraisal, and to allow the debtor to update its appraisal.
When does the debtor expect to have a plan?
Debtor(s):
Megna Real Estate Holdings, Inc. Represented By
Mark T Young
11:30 AM
fr. 1-8-20,3-10-20, 4-29-20, 7-1-20
fr.8-26-20, 9-3-20,10-7-20,10-21-20
Docket 52
Any updates?
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:30 AM
fr. 1-7-20, 1-8-20,3-10-20, 4-29-20
Fr. 7-1-20,9-3-20, 10-7-20,10-21-20
Docket 42
It's rare that this court will find a sufficient record to find that a plan is patently unconfirmable at the disclosure statement stage, but this is one of those rare cases.
Please be prepared to address the issue of whether this plan is patently unconfirmable.
Please also be prepared to address good faith and whether dismissal is appropriate.
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
Movant(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:30 AM
fr.9-10-19, 11-6-19, 11-20-19
fr. 1-7-20, 1-8-20,3-10-20,4-29-20
Fr. 7-1-20,8-26-20,9-3-20 fr.10-7-20,10-21-20
Docket 1
- NONE LISTED -
Debtor(s):
01 BH Partnership Represented By
Mark E Goodfriend
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
RE: [40] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 608 Sycamore Street, Santa Paula, CA 93060 .
FR. 9-22-20, 10-27-20
Docket 40
Have the parties agreed on an APO?
Debtor(s):
Guillermo M Magana Represented By Scott Kosner
Movant(s):
U.S. Bank Trust National Represented By
Lemuel Bryant Jaquez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 28
Does the movant agree that the debtor has remedied the insurance issue?
Debtor(s):
Richard David Donald Represented By Reed H Olmstead
Movant(s):
Wilmington Savings Fund Society, Represented By
Sean C Ferry
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 6
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
Grant. The stay is continued as to the creditor identified in the motion. Movant to lodge order within seven days.
Debtor(s):
Trinidad Maduena Represented By Reed H Olmstead
Movant(s):
Trinidad Maduena Represented By Reed H Olmstead
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 37
Deny as moot. There is no stay as to this creditor, who was not properly served with the motion to continue the stay.
Debtor(s):
George J Rangel Represented By Joshua L Sternberg
Movant(s):
Idolina Harris Represented By Neil B Katz
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [26] Motion for Relief from Stay (Personal Property), Filed by Mountain America Credit Union .
FR. 11-17-20
Docket 26
- NONE LISTED -
Debtor(s):
Corrie M Ratzat Represented By Richard E Rossi
Joint Debtor(s):
Jacob S Ratzat Represented By Richard E Rossi
Movant(s):
Mountain America Credit Union Represented By
Jeffrey A Clark
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 120
The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR
9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.
Trustee to submit order within seven days.
Debtor(s):
Jack Lopez Garcia Represented By
Martin G Zaehringer
Joint Debtor(s):
Lupe Maria Garcia Represented By
Martin G Zaehringer
11:30 AM
Trustee(s):
Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz
11:30 AM
RE: [56] Application for Compensation of Attorney for Debtor for Additional Fees and Related Expenses in a Pending Chapter 13 Case Subject to a Rights and Responsibilities Agreement (RARA) with Proof of Service for Allan S Williams, Debtor's Attorney, Period: 9/4/2020 to 10/22/2020, Fee: $1100.00, Expenses:
$0.00.
Docket 56
Why isn't counsel getting the debtors' signatures every time an application is filed? It isn't acceptable to date the signature block for the debtors -- they need to do this themselves -- and it certainly isn't acceptable to reuse an old signature and redate it.
Debtor(s):
Rainier T. Castillo Represented By Jasmine Motazedi Allan S Williams
Joint Debtor(s):
Amy Lee Castillo Represented By Jasmine Motazedi Allan S Williams
Movant(s):
Rainier T. Castillo Represented By Jasmine Motazedi Jasmine Motazedi Allan S Williams Allan S Williams
Amy Lee Castillo Represented By Jasmine Motazedi
11:30 AM
Trustee(s):
Allan S Williams
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
FR. 12-18-19, 4-24-19, 6-12-19, 7-3-19, 9-3-19, 10-29-19, 12-5-19, 3-24-20,
7-21-20, 9-8-20
Docket 1
- NONE LISTED -
Debtor(s):
Charles L. Duff Represented By Yi S Kim
Jeremy H Rothstein
11:30 AM
Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et
Docket 282
This matter and the related status conference will be called last on the calendar.
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
Blue Wolf Capital Partners, LLC Represented By
Christopher O Rivas Howard Steinberg
Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg
Gladstone Investment Corporation Represented By
Cheryl S Chang Craig N Haring
Blue Wolf Capital Advisors L.P. Represented By
Christopher O Rivas Howard Steinberg
BW Piezo Holdings, LLC Represented By Christopher O Rivas
11:30 AM
Howard Steinberg
CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin
CTS Corporation Represented By Jonathan Boustani Paul J Laurin
Duff & Phelps Represented By Christopher O Rivas
CIT BANK, N.A. Pro Se
Movant(s):
Blue Wolf Capital Partners, LLC Represented By
Christopher O Rivas Howard Steinberg
Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg
Blue Wolf Capital Advisors L.P. Represented By
Christopher O Rivas Howard Steinberg
Plaintiff(s):
Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia
11:30 AM
Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et
RE: [1] and [156] Amended Complaint First by Christian A Orozco on behalf of Corporate Recovery Associates, LLC against all defendants. (RE: related document(s)1 Adversary case 9:18-ap-01058. Complaint by Corporate Recovery Associates, LLC against Blue Wolf Capital Partners, LLC, Blue Wolf Capial Fund II, L.P., Gladstone Investment Corporation, Blue Wolf Capital Advisors L.P., BW Piezo Holdings, LLC, Fidus Investment Corporation, Fidus Mezzanine Capital II, L.P., Avante Mezzanine Partners SBIC, LP, Avante Mezzanine Partners II, Inc., Pengdi Han, Dhan, LLC, Grant Thornton, LLP, CTG Advanced Materials, LLC, CTS Corporation, Electro Optical Industries, Duff & Phelps, and CIT Bank, N.A. (Charge To Estate). Original Complaint Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) filed by Plaintiff Corporate Recovery Associates, LLC). (Orozco, Christian)
FR. 2-11-19, 3-18-19, 5-14-19, 6-12-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19
ADVANCED FROM 1-8-20, 1-7-20, 2-4-20, 4-28-20, 8-25-20, 10-13-20,
11-10-20
Docket 156
Do the parties have dates in mind for dispositive motions? Other dates? 10/13/2020 Tentative Ruling:
The court understands that mediation was not successful.
The dates in the status report for trial are pretty different. When would you suggest a trial date?
Initial disclosures need to be completed in accordance with the rules. Are the parties really going to argue about this?
When do Defendants plan to file their summary judgment motion?
11:30 AM
Do Plaintiffs intend to file a similar motion? When?
The court can set dates for full compliance for initial disclosures, other discovery deadlines, and a further status conference. Other deadlines might be appropriate now too.
Debtor(s):
Channel Technologies Group, LLC Represented By
Jeffrey W Dulberg Victoria Newmark
Defendant(s):
Blue Wolf Capital Partners, LLC Represented By
Christopher O Rivas Howard Steinberg
Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg
Gladstone Investment Corporation Represented By
Cheryl S Chang Craig N Haring
Blue Wolf Capital Advisors L.P. Represented By
Christopher O Rivas Howard Steinberg
BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg
CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin
CTS Corporation Represented By
11:30 AM
Jonathan Boustani Paul J Laurin
Duff & Phelps Represented By Christopher O Rivas
CIT BANK, N.A. Pro Se
Plaintiff(s):
Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia
11:30 AM
Adv#: 9:20-01018 Faith v. Digital Dogma Corp.
RE: [1] Adversary case 9:20-ap-01018. Complaint by Jeremy W. Faith against Digital Dogma Corp.. (Charge To Estate). - Complaint (1) for Avoidance of Post- Petition Transfer; and (2) to Preserve Recovered Transfers for Benefit of Debtor's Estate [11 U.S.C. §§ 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)) (Friedman, Anthony)
FR. 4-28-20, 8-10-20, 10-27-20
Docket 1
What's the status of the motion for default judgment?
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Digital Dogma Corp. Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:20-01019 Faith v. Heringer Estate Winery
RE: [1] Adversary case 9:20-ap-01019. Complaint by Jeremy W. Faith against Heringer Estate Winery. (Charge To Estate). - Complaint (1) for Avoidance of Post-Petition Transfer; and (2) to Preserve Recovered Transfers for Benefit of Debtor's Estate [11 U.S.C. §§ 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)) (Friedman, Anthony)
FR. 4-28-20, 6-30-20, 9-8-20
Docket 1
- NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Heringer Estate Winery Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:20-01020 Faith v. American Express Company
RE: [1] Adversary case 9:20-ap-01020. Complaint by Jeremy W. Faith against American Express Company. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; (2) Avoid and Recover Preferential Transfers; (3) Avoid and Recover Post-Petition Transfers; (4) to Preserve Recovered Transfers for Benefit of Debtors Estate; and (5) Disallowance of any Claims Held by Defendant [11 U.S.C. § 502(d)] [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 502, 547, 548, 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)) (Friedman, Anthony)
FR. 4-28-20, 6-30-20, 9-8-20
Docket 1
- NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
American Express Company Represented By Kelly Sweeney
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:20-01021 Faith v. Cummins
RE: [1] Adversary case 9:20-ap-01021. Complaint by Jeremy W. Faith against Andrea L. Cummins. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; (2) Avoid and Recover Preferential Transfers; (3) Avoid and Recover Post-Petition Transfers; (4) to Preserve Recovered Transfers for Benefit of Debtors Estate; and (5) Disallowance of Any Claims Held by Defendant [11 U.S.C. § 502(d)] [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 502, 547, 548, 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)) (Friedman, Anthony)
FR. 4-28-20, 9-1-20
Docket 1
- NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Andrea L. Cummins Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
11:30 AM
Anthony A Friedman
11:30 AM
Adv#: 9:20-01022 Faith v. Cummins et al
RE: [1] Adversary case 9:20-ap-01022. Complaint by Jeremy W. Faith against Mark Cummins, Andrea L. Cummins. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; (2) Avoid and Recover Preferential Transfers; (3) Avoid and Recover Post-Petition Transfers; (4) to Preserve Recovered Transfers for Benefit of Debtors Estate; and (5) Disallowance of Any Claims Held by Defendant [11 U.S.C. § 502(d)] [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 502, 547, 548, 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)) (Friedman, Anthony)
FR. 4-28-20, 9-1-20
Docket 1
- NONE LISTED -
Debtor(s):
The Vine Intervention, LLC Represented By Leslie A Tos
Defendant(s):
Mark Cummins Pro Se
Andrea L. Cummins Pro Se
Plaintiff(s):
Jeremy W. Faith Represented By Anthony A Friedman
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy
Anthony A Friedman
11:30 AM
Adv#: 9:20-01004 Namba, Chapter 7 Trustee v. The Cardinal Collection Educational
RE: [1] Adversary case 9:20-ap-01004. Complaint by Jerry Namba, Chapter 7 Trustee against The Cardinal Collection Educational Foundation, a California non-profit public benefit corporation, Martin Logies, an individual, John Skirtich, an individual. (Charge To Estate). Complaint for Declaratory Relief, Subordination of Claims, Avoidance and Recovery of Preferential Transfer, and Disallowance of Claim Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(81 (Subordination of claim or interest)),(12 (Recovery of money/property - 547 preference)) (Tedford, John)
FR. 3-24-20, 5-18-20
Docket 1
- NONE LISTED -
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Defendant(s):
The Cardinal Collection Educational Represented By
Todd C. Ringstad
Martin Logies, an individual Represented By Todd C. Ringstad
John Skirtich, an individual Represented By Todd C. Ringstad
Plaintiff(s):
Jerry Namba, Chapter 7 Trustee Represented By
11:30 AM
Trustee(s):
John N Tedford IV
Jerry Namba (TR) Represented By
John N Tedford IV Eric P Israel
11:30 AM
Adv#: 9:20-01005 Namba, Chapter 7 Trustee v. Levine, an individual
RE: [1] Adversary case 9:20-ap-01005. Complaint by Jerry Namba, Chapter 7 Trustee against Laurence H. Levine, an individual. (Charge To Estate).
Complaint for Declaratory Relief, Avoidance and Recovery of Preferential Transfer, Avoidance and Recovery of Fraudulent Transfer, and Disallowance of Claim Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Tedford, John)
FR. 3-24-20
Docket 1
- NONE LISTED -
Debtor(s):
Super98, LLC Represented By
Kevin M. Sullivan
Defendant(s):
Laurence H. Levine, an individual Represented By
Michael A Sweet Keith C Owens
Plaintiff(s):
Jerry Namba, Chapter 7 Trustee Represented By
John N Tedford IV
Trustee(s):
Jerry Namba (TR) Represented By
John N Tedford IV
11:30 AM
Eric P Israel
11:30 AM
Adv#: 9:19-01046 Kapitus Servicing, Inc., formerly known as Colonia v. McMahon et al
RE: [1] Adversary case 9:19-ap-01046. Complaint by Kapitus Servicing, Inc., formerly known as Colonial Funding Network, Inc., as servicing agent for Cashio against Kenneth L. McMahon, Jacqueline Lee McMahon. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Harvey, Brian)
FR: 10-29-19, 2-4-20, 4-7-20, 6-16-20, 8-18-20, 10-14-20
Docket 1
- NONE LISTED -
Debtor(s):
Kenneth L. McMahon Represented By
Andrew S Mansfield - INACTIVE -
Defendant(s):
Kenneth L. McMahon Represented By Christina Vanarelli
Jacqueline Lee McMahon Represented By Christina Vanarelli
Joint Debtor(s):
Jacqueline Lee McMahon Represented By
Andrew S Mansfield - INACTIVE -
Plaintiff(s):
Kapitus Servicing, Inc., formerly Represented By
11:30 AM
Trustee(s):
Brian T Harvey
Jeremy W. Faith (TR) Pro Se
11:30 AM
Adv#: 9:20-01037 Griffith & Thornburgh, LLP et al v. Scheiblauer
Docket 17
Timeliness
General Order 20-03 of the U.S. Bankruptcy Court for the Central District of California, issued in response to the COVID-19 pandemic, states in pertinent part, "the deadline set under Federal Rule of Bankruptcy Procedure 4007(c) for filing a complaint as to the dischargeability of certain debts under
§ 523(c) shall be extended, and the 60 day time period set therein shall begin on the reset date for the meeting of creditors . . ." Subection (c) of 11 U.S.C.
§ 523 relates to a creditor seeking an exception to discharge under 11 U.S.C.
§ 523(a)(2), (4), or (6). This adversary proceeding would fall under the extension and the deadline would have been continued.
The Plaintiff is correct that the meeting of creditors was continued to 4/20/20 pursuant to General Order 20-03. 60 days from 4/20/20 is 6/19/20, which means that the complaint was timely filed. The Debtor’s discharge was vacated on 5/21/20 due to the extension of the deadline.
12(b)(6)
To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to "state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. Id.
A discharge under section 727, 1141, 1192, 1228(a), 1228(b) or 1328(b) of this title does not discharge an individual debtor from any debt –
11:30 AM
for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by – false pretense or false representation or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition. 11 U.S.C. § 523(a)(2)(A). The creditor bears the burden of demonstrating by a preponderance of the evidence each of the following five elements: (1) misrepresentation, fraudulent omission or deceptive conduct by the debtor; (2) knowledge of the falsity or deceptiveness of the representation or omission; (3) an intent to deceive; (4) the creditor’s justifiable reliance on the representation or conduct; and (5) damage to the creditor proximately caused by reliance on the debtor’s representations or conduct. In re Henriquez, 559 B.R. 900, 907 (Bankr. C.D. Cal. 2016).
The complaint alleges that a fee agreement was executed for legal services in the Debtor’s family law proceeding in early 2018. Services were rendered between May 2017 and May 2018 and fees of $47,179.08 were incurred. The Debtor received approximately $170,000 in net proceeds from the sale of her marital residence and has still not paid the Plaintiffs on the debt owed.
Because the Debtor entered into the contract for services, and manifested an intent to repay the Plaintiffs, and has subsequently not repaid those debts, the complaint alleges that the Debtor’s discharge should except the fees of $47,123.61 owed to the Plaintiff.
The complaint, while short, alleges facts under which a plausible inference could be made that the Debtor misrepresented an intent to pay with knowledge of the falsity of the representation and an intent to deceive. The Defendant has adequate information in the pleading to answer, and the Plaintiff ultimately will have the burden to prove what has been alleged.
Deny. Plaintiff to lodge order within seven days. Defendant must file an answer no later than 14 days after entry of the order.
Debtor(s):
Kiki Leigh Scheiblauer Represented By
11:30 AM
James Studer
Defendant(s):
Kiki Leigh Scheiblauer Represented By James Studer
Movant(s):
Kiki Leigh Scheiblauer Represented By James Studer
Plaintiff(s):
Griffith & Thornburgh, LLP Represented By Felicita A Torres
Paul Capritto Represented By
Felicita A Torres
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Adv#: 9:20-01037 Griffith & Thornburgh, LLP et al v. Scheiblauer
RE: [1] Adversary case 9:20-ap-01037. Complaint by Griffith & Thornburgh, LLP, Paul Capritto against Kiki Leigh Scheiblauer. false pretenses, false representation, actual fraud)) (Torres, Felicita)
FR. 8-25-20, 11-10-20
Docket 1
- NONE LISTED -
Debtor(s):
Kiki Leigh Scheiblauer Represented By James Studer
Defendant(s):
Kiki Leigh Scheiblauer Represented By James Studer
Plaintiff(s):
Griffith & Thornburgh, LLP Represented By Felicita A Torres
Paul Capritto Represented By
Felicita A Torres
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Adv#: 9:20-01043 McBeth v. Mansera
RE: [1] Adversary case 9:20-ap-01043. Complaint by Sandra K McBeth against Simon N Mansera. ($350.00 Fee Charge To Estate). Complaint for Avoidance of Actual Fraudulent Transfer Pursuant to 11 USC 548(a)(1)(A) Constructive Fraudulent Transfer Pursuant to 11 USC 548(a)(1)(B) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Tos, Leslie)
Docket 1
The court has available hearing dates on February 10, 17, and 24 for a continued status conference.
Debtor(s):
Peter Alvara Represented By
Michael B Clayton
Defendant(s):
Simon N Mansera Represented By Jerry Namba
Joint Debtor(s):
Mercedes R Alvara Represented By Michael B Clayton
Plaintiff(s):
Sandra K McBeth Represented By Leslie A Tos Paul F Ready
Trustee(s):
Sandra McBeth (TR) Represented By
11:30 AM
Paul F Ready Leslie A Tos
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
Adv#: 9:17-01062 Faith, Chapter 7 Trustee v. Rains et al
RE: [1] Adversary case 9:17-ap-01062. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Robert Lee Rains, Betty Sue Rains. (Charge To Estate).
Complaint Against Debtors for Revocation of Discharge (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Madoyan, Noreen)
FR. 7-18-18, 11-28-18, 4-16-19, 8-14-19, 12-17-19, 6-23-20
Docket 1
December dates include 12/1 and 12/14 at 11:30.
Debtor(s):
Robert Lee Rains Represented By Jonathan Gura Reed H Olmstead
Defendant(s):
Robert Lee Rains Pro Se
Betty Sue Rains Pro Se
Joint Debtor(s):
Betty Sue Rains Represented By Jonathan Gura Reed H Olmstead
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Noreen A Madoyan Meghann A Triplett
11:30 AM
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan Meghann A Triplett Craig G Margulies
11:30 AM
Adv#: 9:19-01065 Faith, Chapter 7 Trustee v. Valerio Rivera
RE: [1] Adversary case 9:19-ap-01065. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Luis Emmanuel Valerio Rivera. (Charge To Estate). Complaint for: (1) Avoidance of Actual Fraudulent Transfers [11 U.S.C. § 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfers [11 U.S.C. § 548(a)(1)(B); (3) Recovery of Avoided Transfer [11 U.S.C. § 550]; and (4) Turnover [11 U.S.C. § 542] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)) (Madoyan, Noreen)
FR. 1-7-20, 3-24-20, 6-30-20
Docket 1
This matter has settled, right? Trustee needs to request dismissal.
Debtor(s):
Virginia Rivera Pro Se
Defendant(s):
Luis Emmanuel Valerio Rivera Represented By Christian J Younger
Plaintiff(s):
Jeremy W. Faith, Chapter 7 Trustee Represented By
Noreen A Madoyan
Trustee(s):
Jeremy W. Faith (TR) Represented By
11:30 AM
Noreen A Madoyan
11:30 AM
Adv#: 9:20-01036 MARTINEZ v. Hunt
RE: [1] Adversary case 9:20-ap-01036. Complaint by JEREMY MARTINEZ, Clayton Dow Hunt against Clayton Dow Hunt. willful and malicious injury)),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (Ring, Michael)
FR. 8-25-20
Docket 1
- NONE LISTED -
Debtor(s):
Clayton Dow Hunt Represented By Reed H Olmstead
Defendant(s):
Clayton Dow Hunt Represented By Reed H Olmstead
Joint Debtor(s):
Autumn Sweetsage Hunt Represented By Reed H Olmstead
Plaintiff(s):
JEREMY MARTINEZ Represented By Michael P Ring
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Jason Scott Heller Represented By David L Hagan
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [13] Pro se Reaffirmation Agreement Between Debtor and Mercedes-Benz Financial Services USA LLC (2016 Mercedes-Benz Sprinter Van)
FR. 11-4-20
Docket 13
- NONE LISTED -
Debtor(s):
Stacy Dee Basulto Represented By Reed H Olmstead
Joint Debtor(s):
Henry Larry Basulto Represented By Reed H Olmstead
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Joel Melgoza-Areyan Represented By
Leroy Bishop Austin
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 12
- NONE LISTED -
Debtor(s):
Jazmin Torres Gonzalez Represented By
Leroy Bishop Austin
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Darrell James Walters Represented By Daniel A Higson
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 14
- NONE LISTED -
Debtor(s):
Luis Guillermo Mendoza Represented By Lindsey B Green
Joint Debtor(s):
Yarased Calderon Represented By Lindsey B Green
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Ruth Cuentas Represented By
Randall V Sutter
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Laurel Ann Ollila Represented By William E. Winfield
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Christine Lesley Gorham Represented By Daniel King
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Janeth Valencia Represented By Monica Robles
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Kamil Achkar Represented By Daniel A Higson
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Henry Allen Gordon Represented By Daniel A Higson
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 19
- NONE LISTED -
Debtor(s):
Marcos Josue Pena Pro Se
Joint Debtor(s):
Trina J Fontes Pro Se
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
Docket 7
- NONE LISTED -
Debtor(s):
Tracey Inman-Weaver Pro Se
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/1619140981
ZoomGov meeting number: 161 914 0981
Password: 280555
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions
Docket 0
- NONE LISTED -
11:30 AM
Docket 383
- NONE LISTED -
Debtor(s):
Yu Hua Long Investments LLC Represented By
M. Jonathan Hayes
Trustee(s):
Timothy Yoo (TR) Represented By Philip A Gasteier Jeffrey S Kwong Timothy J Yoo
11:30 AM
Adv#: 2:20-01639 Huang v. Carter et al
Docket 1
- NONE LISTED -
Debtor(s):
Yu Hua Long Investments LLC Represented By
M. Jonathan Hayes
Defendant(s):
Maureen Carter Pro Se
Roger C Carter Pro Se
SI LAU Pro Se
Kitty Yip Pro Se
David Wan Pro Se
Winnie Wan Pro Se
Plaintiff(s):
Teng Huang Represented By
Steven R Fox
Trustee(s):
Timothy Yoo (TR) Represented By Philip A Gasteier Jeffrey S Kwong
11:30 AM
Timothy J Yoo
11:30 AM
Adv#: 2:13-01910 New Meatco Provisions, LLC v. Richmoore Holding, Inc.
fr.10-3,12-11-13,1-9-14,3-20-14,5-20-14, 8-19-2014
fr. 11-18-14, 2-24-15,6-9-15,8-25-15,12-15-15
fr.4-19-16, 7-26-16,10-25-16, 2-7-17,5-23-17
fr.5-30-17,9-5-17,9-12-17,3-14-18, 6-27-18
fr.11-7-18, 1-23-19, 5-22-19,9-18-19,12-3-19,3-11-20
Docket 1
- NONE LISTED -
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut
Defendant(s):
Richmoore Holding, Inc. Pro Se
Plaintiff(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut
11:30 AM
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:30 AM
Adv#: 2:13-02202 New Meatco Provisions, LLC v. AA Meat Products Corporation
fr.3-20-14,5-20-14, 8-19-2014,11-18-14
fr. 2-24-15,6-9-15,8-25-15,12-15-15
fr.4-19-16,7-26-16,10-25-16,2-7-17,5-23-17
fr.5-30-17,9-5-17,9-12-17,3-14-18
fr. 6-27-18,11-7-18,1-23-19, 5-22-19
9-18-19, 12-3-19,3-11-20
Docket 1
The court has conducted evidentiary hearings using zoom. Before the court continues this matter pending an in-person trial at some unknown date in the future, perhaps the parties should discuss a trial conducted over zoom.
How many witnesses and exhibits are expected? How long would the parties expect trial to be?
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut Michael S Cryan
Defendant(s):
AA Meat Products Corporation Pro Se
11:30 AM
Plaintiff(s):
New Meatco Provisions, LLC Represented By Mette H Kurth Michael S Cryan M Douglas Flahaut
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:30 AM
Adv#: 2:15-01238 Grobstein v. Bay Area Seafood, Inc.
(2) Disallowance of any Claims held by Defendant [ 11 U.S.C. § 502(d)] Nature of Suit: (12 (Recovery of money/property - 547 preference))
fr.7-7-15,8-11-15,12-15-15,4-19-16
fr.7-26-16,10-25-16,2-7-17,5-23-17
fr.5-30-17,9-5-17,9-12-17,3-14-18
fr. 6-27-18,11-7-18,1-23-19, 5-22-19
9-18-19, 12-3-19,3-11-20
Docket 1
The court has April 20 and April 29 available as continued status conference dates.
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut Michael S Cryan
Defendant(s):
Bay Area Seafood, Inc. Pro Se
Plaintiff(s):
Howard Grobstein Represented By Lindsey L Smith
11:30 AM
Trustee(s):
Howard B Grobstein Represented By Lindsey L Smith
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:30 AM
Adv#: 2:15-01244 Grobstein v. Maike Loehr & Company, Inc., dba Landmark Foods
fr.9-24-20,10-20-20
Docket 1
- NONE LISTED -
Debtor(s):
New Meatco Provisions, LLC Represented By Mette H Kurth
M Douglas Flahaut Michael S Cryan
Defendant(s):
Maike Loehr & Company, Inc., dba Pro Se
Plaintiff(s):
Howard Grobstein Represented By Anthony A Friedman Lindsey L Smith Gary E Klausner
Trustee(s):
Howard B Grobstein Represented By Lindsey L Smith
11:30 AM
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:30 AM
Adv#: 2:19-01014 Gotfredson v. Wong et al
Fr. 8-12-20
fr.9-24-20, 10-20-20,11-12-20
Docket 1
The court won't consider remand without a noticed motion and opportunity to respond. FRBP 9027(d), 9014.
Debtor(s):
Eliminator Custom Boats, Inc. Represented By James E Till
Defendant(s):
James Y Wong Pro Se
Armory Consulting Co. Pro Se
Eliminator Custom Boats, Inc. Represented By James E Till
Plaintiff(s):
Elliott Gotfredson Represented By
E Jay Gotfredson James E Till
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
Video/audio web address: https://cacb.zoomgov.com/j/1608954264
ZoomGov meeting number: 160 895 4264
Password: 466952
Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions
Docket 0
11:30 AM
Docket 83
The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT all relief requested. The application is approved and payment of the requested amounts is approved.
Applicant to submit order within seven days.
Debtor(s):
Michael John Bostic Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:30 AM
fr.11-18-20
Docket 100
- NONE LISTED -
Debtor(s):
Ketab Corporation Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:30 AM
Adv#: 9:19-01057 William G. Joiner, as Trustee of the William G. Jo v. Mahan et al
RE: [25] Amended Complaint First Amended Complaint by Meghan Canty Murphey on behalf of William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against Jeremy W. Faith, Chapter 7 Trustee, Legacy Effects, LLC, Shane Patrick Mahan. (RE: related document(s)1 Adversary case 9:19-
ap-01057. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, Shane Patrick Mahan, Legacy Effects, LLC, John D. Monte. (21 (Validity, priority or extent of lien or other interest in property)),(72 (Injunctive relief - other)) filed by Plaintiff William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02). (Attachments: # 1 Exhibit Exhibit 1 # 2 Exhibit Exhibit 2 # 3 Exhibit Exhibit 3 # 4 Affidavit Exhibit 4 # 5 Exhibit Exhibit 5 # 6 Exhibit
Exhibit 6 # 7 Exhibit Exhibit 7 - Part 2 # 8 Exhibit Exhibit 7 - Part 2 # 9 Exhibit
Exhibit 7 - Part 3 # 10 Exhibit Exhibit 7 - Part 4 # 11 Exhibit Exhibit 8) (Reynolds, Richard)
FR. 5-18-20, 6-23-20, 9-1-20, 11-10-20
Docket 25
- NONE LISTED -
Debtor(s):
Shane Patrick Mahan Pro Se
Defendant(s):
Shane Patrick Mahan Pro Se
Legacy Effects, LLC Represented By Lee T Dicker
11:30 AM
John D. Monte Pro Se
Jeremy W. Faith, Chapter 7 Trustee Represented By
Todd A Frealy Lindsey L Smith Richard P Steelman Jr
Plaintiff(s):
William G. Joiner, as Trustee of the Represented By
Richard J Reynolds Meghan C Murphey Joseph P Buchman
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy Lindsey L Smith
11:30 AM
RE: [168] Motion to Approve Compromise Under Rule 9019 Chapter 7 Trustees Motion Pursuant To Federal Rule of Bankruptcy Procedure 9019(a) For An Order Approving Settlement and Compromise of Controversy Between Jeremy
W. Faith, Chapter 7 Trustee and William G. Joiner, As Trustee of The William G. Joiner Trust Dated 2/6/02; Memorandum of Points and Authorities; and Declaration of Jeremy W. Faith In Support Thereof (With Exhibit 1) (with proof of service) (Steelman, Richard)
FR. 12-16-20
Docket 168
- NONE LISTED -
Debtor(s):
Shane Patrick Mahan Pro Se
Trustee(s):
Jeremy W. Faith (TR) Represented By Todd A Frealy Lindsey L Smith
Richard P Steelman Jr
10:30 AM
All Hearings on This Chapter 13 Calendar Will be Held via CourtCall
The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom. There is no need to contact the court for permission. Simply contact CourtCall at (866) 582-6878.
Through March 31, 2021, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).
Docket 0
- NONE LISTED -
10:30 AM
Docket 30
- NONE LISTED -
Debtor(s):
Susan Lynn Delgado Represented By Chris Gautschi
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Holly Godshall Represented By
Steven Abraham Wolvek
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Christopher John Sanchez Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Greg K Beck Represented By
Reed H Olmstead
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Consent Calendar (Per Trustee)
Docket 1
- NONE LISTED -
Debtor(s):
Dana Louise Mcgunigale Represented By Eric Ridley
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Damian Joseph Nieman Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Sergio A. Rosello Represented By Elena Steers
Joint Debtor(s):
Elizabeth D. Arellano Represented By Elena Steers
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Caleb Eugene Cole Represented By Vaughn C Taus
Joint Debtor(s):
Holly Ann Cole Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Carla Teresa Whited Represented By Eric Ridley
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Sammie Pearl Stones Represented By
Rabin J Pournazarian
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Consent Calendar (Per Trustee)
Docket 1
- NONE LISTED -
Debtor(s):
Ann Phan Luan Represented By Reed H Olmstead
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Celerino Tello Valenzuela Represented By Kevin T Simon
Joint Debtor(s):
Christine Okinaka Valenzuela Represented By Kevin T Simon
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Consent Calendar (Per Trustee)
Docket 1
- NONE LISTED -
Debtor(s):
Leonardo Diomedes Rojas Jr. Represented By Sara E Razavi
Joint Debtor(s):
Malia Lyn Rojas Represented By Sara E Razavi
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Kelly M Head Represented By
Tom A Moore
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Edgar Gaspar Ruiz Represented By
Leroy Bishop Austin
Joint Debtor(s):
Delmis Margarita Gaspar Represented By
Leroy Bishop Austin
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 9-28-17, 11-30-17, 1-25-18, 3-22-18, FR. 5-24-18, 6-21-18, 9-27-18,
1-17-19, 3-21-19, 5-23-19, 6-20-19, 9-19-19, 11-21-19, 2-27-20, 5-21-20,
8-20-20, 10-22-20
Docket 1
Ruling for February 27, 2020
Continued to May 21, 2020 at 10:00 a.m.
Ruling for 11/21/19: Continued to 2/27/20.
Ruling for 9/19/19:
Continued to 11/21/19.
Ruling for 6/20/19: Cont. to 9/19/19.
Ruling for May 23, 2019: Cont. to 8/15/19 at 10:00 a.m.
Ruling forMarch 21, 2019
Continued to May 23, 2019
Debtor(s):
Richard W. York Represented By Reed H Olmstead Mark Bernsley
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 9-19-19, 11-21-19, 1-16-20, 3-26-20, 4-16-20, 6-18-20, 7-16-20, 8-20-20,
10-22-20
Docket 1
Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for 11/21/19: Continued to 1/16/20.
Debtor(s):
Warren Johnson Represented By Nathan Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 9-19-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20, 7-16-20, 8-20-20, 10-22-20
Docket 1
- NONE LISTED -
Debtor(s):
Robert B. Haight Represented By Nicholas S Nassif
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Albert Maxwell Goldberg Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [57] Motion To Cram Down Mortgage Lien Of 1900 Capital Trust III, By US Bank, As Certificate Trustee; [58] Motion to Avoid Lien JUNIOR LIEN with First American Funding, LLC Filed by Debtor Albert Maxwell Goldberg
FR. 7-16-20, 10-22-20
Docket 57
The court will set an evidentiary hearing on this matter. The hearing will be conducted on ZoomGov.
The creditor will need access to conduct an appraisal.
Please have some dates in mind for the hearing and related deadlines. The court will need briefing on value as well as the issue of principal residence.
Debtor(s):
Albert Maxwell Goldberg Pro Se
Movant(s):
Albert Maxwell Goldberg Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [58] Motion to Avoid Lien JUNIOR LIEN with First American Funding, LLC (Garber, Richard)
Docket 58
Without a determination as to the value of the subject property, the court cannot make an informed decision as to lien avoidance. Continue along with the motion to value.
Debtor(s):
Albert Maxwell Goldberg Pro Se
Movant(s):
Albert Maxwell Goldberg Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Kamal Baquar Represented By
Richard Warren Shuben
Joint Debtor(s):
Shannon Baquar Represented By
Richard Warren Shuben
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Joint Debtor(s):
Holli Kolkowski Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [67] Motion to Avoid Lien JUNIOR LIEN with Ditech Financial LLC FR. 10-22-20, 11-19-20
Docket 67
- NONE LISTED -
Debtor(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Joint Debtor(s):
Holli Kolkowski Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [69] Motion to Avoid Lien Property Lien with Simi Valley Homeowners Association
FR. 10-22-20, 11-19-20
Docket 69
- NONE LISTED -
Debtor(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Joint Debtor(s):
Holli Kolkowski Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 11-19-20
Docket 85
- NONE LISTED -
Debtor(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Joint Debtor(s):
Holli Kolkowski Represented By Bryan Diaz
Movant(s):
Matthew A. Kolkowski Represented By Bryan Diaz
Holli Kolkowski Represented By Bryan Diaz
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Consent Calendar (Per Trustee)
Docket 1
- NONE LISTED -
Debtor(s):
Samuel Lawrence Dodd Represented By Vaughn C Taus
Joint Debtor(s):
Jamie Marie Dodd Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Don Fitch Represented By
Eric Ridley
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Consent Calendar (Per Trustee)
Docket 1
- NONE LISTED -
Debtor(s):
Roberto Magno Cerna Represented By
Timothy L McCandless
Joint Debtor(s):
Nenita Vidal Cerna Represented By
Timothy L McCandless
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Briza O. Ramos Represented By Tom A Moore
Joint Debtor(s):
Hector Ramos Represented By Tom A Moore
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Consent Calendar (Per Trustee)
Docket 1
- NONE LISTED -
Debtor(s):
Steven Phillip Rosen Represented By Vicki I Temkin
Joint Debtor(s):
Renee Terrie Rosen Represented By Vicki I Temkin
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Alfonso Lara Portugal Represented By Kenneth H J Henjum
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 1
- NONE LISTED -
Debtor(s):
Christopher Giovanny Flores Represented By
L. Tegan Rodkey
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [141] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 11-19-20
Docket 141
- NONE LISTED -
Debtor(s):
Joseph Anthony Kovach Represented By
Rabin J Pournazarian
Joint Debtor(s):
Renee Lynne Kovach Represented By
Rabin J Pournazarian
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 10-22-20
Docket 47
- NONE LISTED -
Debtor(s):
Shannon Arlene Simonini Represented By Reed H Olmstead
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 54
- NONE LISTED -
Debtor(s):
Kathy V. Goodnight Represented By Michael B Clayton
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [33] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 9-17-20. 11-19-20
Docket 33
- NONE LISTED -
Debtor(s):
Ronald James Wilson Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 47
- NONE LISTED -
Debtor(s):
David Vinh Ung Represented By James C Ames
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [139] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 10-22-20, 11-19-20
Docket 139
- NONE LISTED -
Debtor(s):
Clarence Acie Rudd III Represented By Steven A Alpert
Joint Debtor(s):
Deborah Lee Rudd Represented By Steven A Alpert
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 96
- NONE LISTED -
Debtor(s):
Todd Warren Schirmer Represented By Scott Kosner
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 10-22-20, 11-19-20
Docket 47
- NONE LISTED -
Debtor(s):
Scott A. Slosson Represented By Michael B Clayton
Joint Debtor(s):
Carie L. Slosson Represented By Michael B Clayton
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 131
- NONE LISTED -
Debtor(s):
Ralph Nickolas Lopez Represented By Joshua L Sternberg
Joint Debtor(s):
Danielle Joy Lopez Represented By Joshua L Sternberg
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 69
- NONE LISTED -
Debtor(s):
Travis Alan Rainey Represented By Steven A Alpert
Joint Debtor(s):
Sasha Annalisa Rainey Represented By Steven A Alpert
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [33] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 33
- NONE LISTED -
Debtor(s):
Brian E. Clayton Represented By Linda S Blonsley
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [44] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20, 6-18-20, 8-20-20, 10-22-20, 11-19-20
Docket 44
- NONE LISTED -
Debtor(s):
Jamie Luna Represented By
Matthew D. Resnik
Joint Debtor(s):
Brandy Marie Luna Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [67] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 11-19-20
Docket 67
- NONE LISTED -
Debtor(s):
Sandra M. Royster Represented By
Rabin J Pournazarian
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 10-22-20
Docket 134
- NONE LISTED -
Debtor(s):
Adam Jay Greenberg Represented By Kevin T Simon
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 36
- NONE LISTED -
Debtor(s):
Sherilyn Ann Nelson Represented By Christian J Younger
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [46] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 9-17-20, 10-22-20, 11-19-20
Docket 46
- NONE LISTED -
Debtor(s):
Kyle Nicholas McReynolds Represented By Daniel King
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 10-22-20
Docket 37
- NONE LISTED -
Debtor(s):
George M Carrier Represented By
Andrew S Mansfield - INACTIVE - Matthew D. Resnik
Joint Debtor(s):
Ann Marie Carrier Represented By
Andrew S Mansfield - INACTIVE - Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 46
- NONE LISTED -
Debtor(s):
Ernest Joe Terrones Represented By Nicholas M Wajda
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [71] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 9-17-20, 10-22-20, 11-19-20
Docket 71
- NONE LISTED -
Debtor(s):
Jay Brian Schoen Represented By Rob R Nichols
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [57] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 10-22-20
Docket 57
- NONE LISTED -
Debtor(s):
Minette Francine Parmentier-Castell Represented By
Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
FR. 10-22-20
Docket 29
- NONE LISTED -
Debtor(s):
Dominick Deshun Williams Represented By Ali R Nader
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [43] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (SV))
Docket 43
- NONE LISTED -
Debtor(s):
Clifford G. Henthorne Represented By Michael B Clayton
Joint Debtor(s):
Marcelina Henthorne Represented By Michael B Clayton
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [33] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 33
- NONE LISTED -
Debtor(s):
Norma Delgado Represented By Matthew D. Resnik
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [41] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 41
- NONE LISTED -
Debtor(s):
Kathleen M. Cipres Represented By Stephen S Smyth
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 41
- NONE LISTED -
Debtor(s):
Guillermo Munoz Represented By Todd J Mannis
Joint Debtor(s):
Janet Munoz Represented By
Todd J Mannis
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [46] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
Docket 46
- NONE LISTED -
Debtor(s):
Roland F. Remigio Represented By Carissa N Horowitz
Joint Debtor(s):
Ruby Remigio Represented By Carissa N Horowitz
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [91] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 3-26-20, 6-18-20, 7-16-20, 8-20-20, 9-17-20, 11-19-20
Docket 91
- NONE LISTED -
Debtor(s):
Scott Rosson Represented By
Michael D Kwasigroch
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [104] Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments and proof of service
Docket 104
Can counsel explain the oddities in the signatures on papers? Docket no. 80 is very different from docket nos. 95 and 104 (and these signatures are identical -- they appear to have been copied and pasted.
Debtor(s):
Scott Rosson Represented By
Michael D Kwasigroch
Movant(s):
Scott Rosson Represented By
Michael D Kwasigroch
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [84] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))
FR. 9-17-20, 10-22-20, 11-19-20
Docket 84
- NONE LISTED -
Debtor(s):
Jose Suayan Represented By
Roy M Holland
Movant(s):
Elizabeth (ND) F Rojas (TR) Pro Se
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 109
This is a refiled application after counsel's first application was denied without prejudice due to several defects.
Counsel seeks fees of $2,500 for "additional services" and related expenses of $41.75.
There is no invoice attached to the application. Rather, counsel and his legal secretary each filed a declaration. Mr. Holland's declaration states that he expended 2.5 hours "reviewing this case and the various pleadings associated with filing the objection to the Trustee's request for an order to dismiss."
This description is still difficult to parse -- what is "reviewing this case," and is that a RARA "basic service" or an "additional service?" Taking the most generous view to Mr. Holland, that all of that 2.5 hours is time spent responding to a trustee's motion to dismiss, at his billing rate, that would support his request for $1,000 in additional fees.
The declaration of legal secretary Kimberly Dempsey, who Mr. Holland proposes to bill time for at the rate of $150/hour, is more problematic. She testifies that she worked 10 hours, but most of the tasks she lists would plainly be "basic services" under the RARA (see Docket No. 109, ECF p. 8, paragraph 2). The court is unable, based on this declaration, to quantify a specific amount of time that would be compensable as "additional services" under the RARA.
The application was not served on the debtor. The application was also not noticed when filed on 10/19/20. More than a month later, on 11/24/20, Mr. Holland filed a notice of motion. The notice, attaching the application, was
10:30 AM
served on the debtor. An unneeded judge's copy was sent by overnight mail to chambers. Counsel seeks reimbursement for overnight mail of the judge's copy. Even if the judge's copy were required, counsel did not need to incur the expense of overnight mail.
Amended declarations of Mr. Holland and Ms. Dempsey were filed on on 10/23/20, but they do not remedy the problems discussed above.
Why wasn't the application served on the debtor?
Debtor(s):
Jose Suayan Represented By
Roy M Holland
Movant(s):
Jose Suayan Represented By
Roy M Holland Roy M Holland Roy M Holland Roy M Holland Roy M Holland
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [45] Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments
FR. 10-22-20
Docket 45
- NONE LISTED -
Debtor(s):
Theresa Joan VanWagner Represented By Linda S Blonsley
Movant(s):
Theresa Joan VanWagner Represented By Linda S Blonsley Linda S Blonsley
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Declaration re: Michael Rourke in Support of Order Regarding Partial Avoidance of First Deed of Trust and Avoidance of Junior Lien Pursuant to Chapter 13 Plan Filed by Debtor Michael Rourke. (Taus, Vaughn)
FR. 10-22-20
Docket 95
- NONE LISTED -
Debtor(s):
Michael Rourke Represented By Vaughn C Taus
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
Docket 113
- NONE LISTED -
Debtor(s):
Steven McManus Represented By Nathan Berneman Nathan A Berneman
Joint Debtor(s):
Wendy McManus Represented By Nathan Berneman Nathan A Berneman
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
10:30 AM
RE: [104] Motion Corrected Notice of Motion and Motion for Judgment Voiding Lien and for Lien Release; Declaration of Counsel in Support (Farsad, Arasto)
FR. 10-22-20
Docket 104
- NONE LISTED -
Debtor(s):
Blanca Estela Bernal Represented By Arasto Farsad
Movant(s):
Blanca Estela Bernal Represented By Arasto Farsad
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.
Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).
Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.
For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."
Docket 0
- NONE LISTED -
11:30 AM
RE: [43] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1712 SHADY BROOK DR, THOUSAND OAKS, CA 91362 . (Ferry, Sean)
FR. 10-27-20, 12-1-20
Docket 43
Have the parties agreed on an APO?
Debtor(s):
Nancy Ann Graham Represented By Gregory M Shanfeld
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Sean C Ferry Eric P Enciso
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [66] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 4741 Avalon Ave Santa Barbara, CA 93110 . (Martinez, Kirsten)
FR. 11-17-20
Docket 66
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).
Debtor(s):
Telby Beltran Represented By
11:30 AM
Movant(s):
Susan Salehi
HSBC Bank USA, National Represented By Kirsten Martinez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [60] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Volkswagen Tiguan . (Martinez, Kirsten)
FR. 11-17-20
Docket 60
Is the account current? What is the status of APO discussions?
Debtor(s):
Pablo Javier Pesantez Represented By
Raj T Wadhwani
Joint Debtor(s):
Catalina Pesantez Represented By
Raj T Wadhwani
Movant(s):
VW Credit Leasing, LTD Represented By Kirsten Martinez
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [44] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1734 Gillespie Street / 835 West Islay Street, Santa Barbara, California 93101 with Proof of Service.
FR. 5-18-20, 6-16-20, 10-27-20, 12-1-20
Docket 44
Have the parties agreed on an APO?
Debtor(s):
Adriana Elizabeth Velazquez Represented By Reed H Olmstead
Movant(s):
DEUTSCHE BANK NATIONAL Represented By
Erin Elam Jenelle C Arnold
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 57
None of the exhibits to the Motion are authenticated or even identified by the declaration. Accordingly, the Motion lacks evidence as to, among other things, the underlying debt that the Movant seeks to enforce through a collection action and eventual enforcement of a judgment. The court has no basis to grant the motion with no evidence.
Continue to allow the movant to submit admissible evidence.
The court has available hearing dates on 1/6, 1/13, 1/20, and 1/27. Supplemental declaration(s) must be filed at least one week before the continued hearing.
Debtor(s):
Marjorie Johnson Represented By Vaughn C Taus
Movant(s):
Jordano's Inc. Represented By
Felicita A Torres
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 45
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
GRANT under 11 U.S.C. § 362(d)(1).
GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.
MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Carolyn Sue Curtis Represented By Julie J Villalobos
Movant(s):
TOYOTA MOTOR CREDIT Represented By Kirsten Martinez
11:30 AM
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
RE: [9] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 251 Palomares Avenue, Ventura, CA 93003 .
FR. 11-17-20
Docket 9
- NONE LISTED -
Debtor(s):
Brian Lee Fox Represented By Reed H Olmstead
Movant(s):
Brian Lee Fox Represented By Reed H Olmstead
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Docket 61
Have the movant and debtor discussed a resolution?
Debtor(s):
Gabriel C. Estrada Represented By Nathan Berneman Nathan A Berneman
Movant(s):
U.S. Bank National Association Represented By Sean C Ferry
Trustee(s):
Jeremy W. Faith (TR) Pro Se
11:30 AM
RE: [26] and [28] Motion and Amended Motion for Relief from Stay (Personal Property), Filed by Mountain America Credit Union .
FR. 11-17-20, 12-9-20
Docket 26
No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).
Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.
As to Debtors:
DENY as moot; discharge was entered.
As to Estate:
GRANT under 11 U.S.C. § 362(d)(1).
GRANT waiver of FRBP 4001(a)(3) stay. MOVANT TO LODGE ORDER WITHIN 7 DAYS.
Debtor(s):
Corrie M Ratzat Represented By
11:30 AM
Richard E Rossi
Joint Debtor(s):
Jacob S Ratzat Represented By Richard E Rossi
Movant(s):
Mountain America Credit Union Represented By
Jeffrey A Clark
Trustee(s):
Sandra McBeth (TR) Pro Se
11:30 AM
RE: [289] Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) Motion To: (1) Approve Sale Of Real Property Free And Clear Of All Liens, Interests, Claims, And Encumbrances With Such Liens, Interests, Claims, And Encumbrances To Attach To Proceeds Pursuant To 11 U.S.C. §§ 363(b), (f) And (i); (2) Approve Overbid Procedures; And (3) Determine That Buyer Is Entitled To Protection Pursuant To 11 U.S.C. § 363(m); Declarations Of David Seror, Lisa Saver And William Friedman In Support Thereof. (Terzian, Tamar)
Docket 289
- NONE LISTED -
Debtor(s):
Farshad Fasihi Harandi Represented By Amid Bahadori
Movant(s):
David Seror (TR) Represented By Jessica L Bagdanov Jessica Wellington Tamar Terzian
Trustee(s):
David Seror (TR) Represented By Jessica L Bagdanov Jessica Wellington Tamar Terzian
11:30 AM
Docket 291
- NONE LISTED -
Debtor(s):
Farshad Fasihi Harandi Represented By Amid Bahadori
Movant(s):
David Seror (TR) Represented By Jessica L Bagdanov Jessica Wellington Tamar Terzian
Trustee(s):
David Seror (TR) Represented By Jessica L Bagdanov Jessica Wellington Tamar Terzian
11:30 AM
Docket 13
The debtor has not filed a response. Dismiss case unless filing fee is paid by the hearing.
Debtor(s):
Nikisha Lata Johnson Pro Se
Trustee(s):
Jerry Namba (TR) Pro Se
11:30 AM
Docket 171
- NONE LISTED -
Debtor(s):
Brigham G. Field Represented By
D Edward Hays Tinho Mang David Wood Chad V Haes
Movant(s):
Brigham G. Field Represented By
D Edward Hays D Edward Hays D Edward Hays Tinho Mang Tinho Mang Tinho Mang David Wood David Wood David Wood Chad V Haes Chad V Haes Chad V Haes
11:30 AM
Notice of Motion and Motion Objecting to Claim No. 14-1 Filed by Genova Capital, Inc.; Memorandum of Points and Authorities; Declaration of Brigham G. Field in Support; with Proof of Service [Hrg. 12-21-2020 at 11:30 a.m.] Filed by Debtor Brigham G. Field (Attachments: # 1 Part 2 # 2 Part 3) (Haes, Chad)
Docket 174
- NONE LISTED -
Debtor(s):
Brigham G. Field Represented By
D Edward Hays Tinho Mang David Wood Chad V Haes
Movant(s):
Brigham G. Field Represented By
D Edward Hays D Edward Hays D Edward Hays Tinho Mang Tinho Mang Tinho Mang David Wood David Wood David Wood Chad V Haes Chad V Haes Chad V Haes
11:30 AM
11:30 AM
Docket 173
- NONE LISTED -
Debtor(s):
Brigham G. Field Represented By
D Edward Hays Tinho Mang David Wood Chad V Haes
Movant(s):
Brigham G. Field Represented By
D Edward Hays D Edward Hays D Edward Hays Tinho Mang Tinho Mang Tinho Mang David Wood David Wood David Wood Chad V Haes Chad V Haes Chad V Haes
11:30 AM
11:30 AM
RE: [50] Application for Compensation Objection to Notice of Setting/Increasing Insider Compensation and Request for Hearing.
FR. 11-17-20
Docket 50
- NONE LISTED -
Debtor(s):
Valley Farm Supply, Inc. Represented By William C Beall Carissa N Horowitz
Movant(s):
Nutrien Ag c/o Steven Stoker Esq. Represented By
Steven R Stoker
11:30 AM
FR. 11-17-20
Docket 100
- NONE LISTED -
Debtor(s):
Advanced Media Networks, LLC Represented By
Peter T Steinberg
11:30 AM
D. Martinez.). (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D # 5 Exhibit E # 6 Exhibit F # 7 Exhibit G # 8 Exhibit H # 9 Proof of Service) (Bensamochan, Eric)
FR.9-22-20
Docket 231
Over the long history of this case (not to mention the prior case), the explanations of what is going on with the Carpinteria Property have always been perplexing. At the outset of this case, the Debtor claimed to be renting it to an unrelated woman paying $6,800, who also happened to pay his counsel’s retainer. Later, he claimed that the rent was only $6,000. It also came to light that the Debtor claimed that he and his family lived there, which seemed improbable if a stranger was paying $6,000 to live in a single-family residence. The Debtor later claimed to have moved, but he never said to where he moved, and he never changed his address. The Debtor now describes the Carpinteria Property as his primary residence. He also claims to be renting it out via www.ef.edu, which he does not explain, but appears to be a student foreign exchange program. He claims he is renting to a "bevy" of students and non-students.
The vague documents attached to the disclosure statement suggest that he has nine tenants living in the Carpinteria Property with his family.
Including his wife and daughter (whose attached paystubs list the property as their address), that would mean twelve people are living in the Carpinteria Property, a 2,000 square foot single-family residence. It could be true, but there is no evidence to support it or whether this is permissible under local law, and the court (and anyone reading the Disclosure Statement) would question how the Debtor generates income and uses the Carpinteria Property.
11:30 AM
The Debtor also claims that documents attached to the third amended disclosure statement (the "Disclosure Statement," Docket No. 230) support sufficient income to fund his plan. Exhibt A are an assortment of Uber driving tax summaries and Meals on Wheels invoices that he does not total, but that the court calculates as showing a total of $10,474.12 (just a little more than one monthly payment of the regular amount due plus postpetition arrears payment on the Carpinteria Property).
Exhibit B are "contribution declarations" from the Debtor’s wife, daughter, and son as to monthly support of $1,200, $700, and $500 per month, respectively. None of these declarations include a commitment to maintain the support for the full term of the plan. According to Sabrina Martinez’s attached paystubs, she takes home about $900 every two weeks, so a contribution of $1,200/month is well over half of her take-home income. For Jessica Martinez, a contribution of $700/month appears to be about a quarter of her monthly take-home pay – though the information provided is for a very limited amount of time, so the court does not know if her income is regular and stable. For Jason Martinez, $500 appears to be almost half of his take-home pay.
The Debtor claims that he makes additional income renting rooms in the Carpinteria Property (which is supposedly a 4-bedroom house in which the Debtor and other members of his family live, but which the documents appear to show housed up to an additional nine tenants). He rented to students, but admits that students stopped renting due to COVID-19. He says now that he rents rooms to non-students and has "essentially replaced" the income, but all he provides as evidence is pre-COVID evidence regarding rental to students.
In support of his last plan, the Debtor also claimed he would have a massive increase in future income purportedly based on his work as a real estate broker. He offered what was supposedly evidence of expected future commissions. He still lists "estimated earnings" with "pipeline clients," but offers no evidence of actual income or what the basis for the "potential commissions" are.
The Debtor’s projected cash flow (Exhibit H) has some glaring issues:
11:30 AM
It is for a very short period – through December 2020 (although it is titled as if it is for 12/1/19 to 5/31/20).
It anticipates anticipated real estate commissions of $69,050 by the end of this calendar year, when there is no evidence of any forthcoming commission.
It does not appear to account for any income tax liability for rental income, real estate commissions, or food deliveries
It reflects income of $4,400/month in rental income ($6,800 in December) for the Carpinteria Property with no evidence of any post-COVID rental income (much less any explanation of how a four-bedroom house can house both the Debtor’s family and enough people to generate that rental income).
It fails to account for the $3,000/month postpetition arrears payment due on the Carpinteria Property
The amount of the regular monthly payment on the Carpinteria Property is understated – according to the recent APO, the current payment is $6,359.75, not $6,240.34.
Perhaps most glaring is the fact that the court is unable to find any clear information in the Disclosure Statement as to what the Debtor’s payments will be under his plan. The cash flow statement doesn’t reflect any payments to creditors other than ongoing mortgage payments.
The Plan and Disclosure Statement are confusing as to the treatment of the first trust deed claim on the Carpinteria Property. The APO calls for payments of $3,000/month toward postpetition arrears until a plan is confirmed, and it appears the Debtor has just duplicated that language into his plan. Does that mean that he proposes to continue paying $3,000/month after the term of the APO under the Plan?
As to the rental income for the Oxnard and Lompoc Properties and possible unexpired leases the Debtor has never provided any information as
11:30 AM
to the various tenants of his properties or the terms of their tenancy. Counsel included boilerplate information about executory contracts and unexpired leases in the Plan and Disclosure Statement, but the Debtor does not specify any leases, and it does not appear that any tenant has ever been served in this case.
The Debtor scheduled, and includes in his liquidation analysis, vacant land in Pine Mountain Club. This land is the basis for the Class 4 secured HOA claim. The Plan provides for payment of the claim, but does not provide for ongoing HOA dues payments, and the Disclosure Statement does not include such payments in his cash flow statement.
There is no information in the Disclosure Statement from which the court can tell how the Debtor will pay his counsel’s estimated $20,000 in fees.
The court cannot approve this document.
Debtor(s):
Luis D. Martinez Represented By
Eric Bensamochan
11:30 AM
RE: [279] U.S. Trustee Motion to dismiss or convert Notice Of Motion And Motion Under 11 U.S.C. § 1112(b) To Dismiss Or Convert Case; Declaration Of Alfred Cooper III . (Fittipaldi, Brian)
FR. 8-10-20, 9-14-20, 10-27-20, 12-1-20
Docket 279
It doesn't appear that this case is ready for confirmation, again.
Does the U.S. Trustee intend to prosecute the motion to dismiss today?
Debtor(s):
Jonathan David Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Movant(s):
United States Trustee (ND) Represented By Brian D Fittipaldi
11:30 AM
RE: [174] Amended Chapter 11 Plan (FIRST AMENDED), with Proof of Service 149 Chapter 11 Plan of Reorganization , with Proof of Service . (Moradi-Brovia, Roksana)
FR. 10-2-18, 11-13-18, 12-18-18, 1-15-19, 2-5-19,
FR. 3-11-19 (STATUS CONFERENCE/HOLDING DATE), FR. 5-14-19, 7-3-19, 9-26-19, 12-17-19, 3-3-20, 3-24-20,
FR. 6-1-20, 7-13-20, 9-14-20, 10-27-20, 12-1-20
Docket 174
It doesn't appear that this case is ready for confirmation, again. MORs have not been filed as of 12/18/20 at 12:09 p.m.
Does the U.S. Trustee intend to prosecute the motion to dismiss today?
Debtor(s):
Jonathan David Startz Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:30 AM
FR. 7-21-20, 9-22-20
Docket 1
Is the Debtor looking for another continuance? Please have some dates in mind.
Debtor(s):
Green Pharmaceuticals, Inc. Represented By Steven R Fox
W. Sloan Youkstetter Janis G Abrams
11:30 AM
Adv#: 9:19-01005 Rosson v. CITIMORTGAGE, INC et al
RE: [40] Adversary case 9:19-ap-01005. Amended Complaint by Scott Rosson against CITIMORTGAGE, INC, Cenlar FSB. (Charge To Estate). and summons and B104 cover sheet Nature of Suit: (91 (Declaratory judgment)),(21 (Validity, priority or extent of lien or other interest in property)) (Kwasigroch, Michael)
FR. 4-29-19, 6-5-19, 6-21-19, 9-18-19, 12-6-19, 12-18-19, 3-25-20, 7-21-20,
10-14-20
Docket 40
Ruling for 3/25/20: Continued to 7/15/20 at 2:30 p.m. No updated status report needed.
March 25, 2020
Telephonic Hearing Only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT
(866-582-6878). Additional details are available by visiting their website: https://courtcall.com.
Ruling for December 18, 2019
The Court will conduct a status conference on March 25, 2020 at 2:30 p.m.
Ruling for 9/18/19: Continued to 12/6/19 at 1:30 p.m. Plaintiff to lodge the scheduling order. New status report is not required.
Ruling for 6/21/19: Continued to 9/18/19 at 1:30 p.m.
11:30 AM
Ruling for June 5, 2019
The hearing is continued to June 21, 2019 at 2:30 p.m. No new status report is required.
Debtor(s):
Scott Rosson Represented By
Michael D Kwasigroch
Defendant(s):
CITIMORTGAGE, INC Represented By Eddie R Jimenez Jillian A Benbow
Cenlar FSB Represented By
Eddie R Jimenez Jillian A Benbow
Plaintiff(s):
Scott Rosson Represented By
Michael D Kwasigroch
Trustee(s):
Elizabeth (ND) F Rojas (TR) Pro Se
11:30 AM
Adv#: 9:19-01014 Williams v. Lytel
RE: [25] Amended Complaint with proof of service by William C Beall on behalf of Oscar Williams against Kipley James Lytel. (RE: related document(s)1 Adversary case 9:19-ap-01014. Complaint by Oscar Williams, Kipley James Lytel against Kipley James Lytel. (Beall, William)
FR. 12-5-19, 2-18-20, 5-5-20, 6-16-20, 10-13-20
Docket 25
- NONE LISTED -
Debtor(s):
Kipley James Lytel Represented By Matthew D. Resnik
M. Jonathan Hayes
Defendant(s):
Kipley James Lytel Represented By
M. Jonathan Hayes
Plaintiff(s):
Oscar Williams Represented By William C Beall
Trustee(s):
Jeremy W. Faith (TR) Represented By Noreen A Madoyan
11:30 AM
Adv#: 9:20-01038 McBeth v. Sanchez, Jr.
RE: [1] Adversary case 9:20-ap-01038. Complaint by Sandra K. McBeth against Manuel Sanchez Jr.. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)) (Beall, William)
FR. 9-22-20
Docket 1
- NONE LISTED -
Debtor(s):
Anita Louise Laux Pro Se
Defendant(s):
Manuel Sanchez Jr. Pro Se
Plaintiff(s):
Sandra K. McBeth Represented By William C Beall
Trustee(s):
Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz