9:00 AM
Adv#: 8:13-01351 Triple Nine Plus Fine Land and Mining Company, LLC v. Tucker et al
Hearing RE: Emergency Ex Parte Motion For Order To Show Cause And Temporary Restraining Order To Prevent Plaintiffs/Cross-Defendants From Disposing Of The Mining Claims In Dispute And To Compel Production Of Letter Of Intent To Purchase The Mining Claims
(Motion filed 12/26/17)
Docket 106
- NONE LISTED -
Debtor(s):
Jeffrey Sumner Childs Pro Se
Defendant(s):
Sean Tucker Represented By
Roger F Friedman Oleg Elkhunovich Carel Ale
Leslie Tucker Represented By Roger F Friedman Oleg Elkhunovich Carel Ale
Plaintiff(s):
Triple Nine Plus Fine Land and Represented By
David R Haberbush Vanessa M Haberbush Michael D McCaffrey
9:00 AM
C. B. Nada Represented By
David R Haberbush Vanessa M Haberbush George B Piggott
Triple Nine Plus Charity Represented By
David R Haberbush Vanessa M Haberbush
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow
Jeffrey I Golden (TR) Michael T Delaney
9:00 AM
Adv#: 8:13-01390 Triple Nine Plus Fine Land and Mining Company, LLC v. Childs et al
Hearing RE: Emergency Ex Parte Motion For Order To Show Cause And Temporary Restraining Order To Prevent Plaintiffs/Cross-Defendants From Disposing Of The Mining Claims In Dispute And To Compel Production Of Letter Of Intent To Purchase The Mining Claims
(Motion filed 12/26/17)
Docket 114
- NONE LISTED -
Debtor(s):
Jeffrey Sumner Childs Pro Se
Defendant(s):
Jeffrey Sumner Childs Represented By Kurt E English
Plaintiff(s):
Triple Nine Plus Fine Land and Represented By
Michael D McCaffrey
CB Nanda Represented By
George B Piggott
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow
Jeffrey I Golden (TR) Michael T Delaney
9:00 AM
9:00 AM
Adv#: 8:14-01108 Golden v. Nanda et al
Hearing RE: Emergency Ex Parte Motion For Order To Show Cause And Temporary Restraining Order To Prevent Plaintiffs/Cross-Defendants From Disposing Of The Mining Claims In Dispute And To Compel Production Of Letter Of Intent To Purchase The Mining Claims
(Motion filed 12/26/17)
Docket 186
- NONE LISTED -
Debtor(s):
Jeffrey Sumner Childs Pro Se
Defendant(s):
C. B. Nanda Pro Se
Triple Nine Plus Fine Land and Represented By
Michael D McCaffrey
Triple Nine Kelly, LLC Represented By Penelope Parmes
RMDG LLC Represented By
Penelope Parmes
COORG Corporation Represented By Penelope Parmes
DGRM LLC Represented By
Penelope Parmes
9:00 AM
INDON LLC Represented By
Penelope Parmes
KIMAN LLC Represented By
Penelope Parmes
ELEMO LLC Represented By
Penelope Parmes
Plaintiff(s):
Jeffrey I Golden Represented By Michael T Delaney Ashley M McDow
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow
Jeffrey I Golden (TR) Michael T Delaney
9:00 AM
Adv#: 8:14-01135 Golden et al v. Nanda et al
Hearing RE: Emergency Ex Parte Motion For Order To Show Cause And Temporary Restraining Order To Prevent Plaintiffs/Cross-Defendants From Disposing Of The Mining Claims In Dispute And To Compel Production Of Letter Of Intent To Purchase The Mining Claims
(Motion filed 12/26/17)
Docket 111
- NONE LISTED -
Debtor(s):
Jeffrey Sumner Childs Pro Se
Defendant(s):
C. B. Nanda Represented By
George B Piggott
Triple Nine Plus Fine Land and Represented By
Michael D McCaffrey
RMDG LLC Represented By
George B Piggott
COORG Corporation Represented By George B Piggott
DGRM LLC Represented By
George B Piggott
INDON LLC Represented By
George B Piggott
9:00 AM
KIMAN LLC Represented By
George B Piggott
ELEMO LLC Represented By
George B Piggott
Triple Nine Kelly, LLC Represented By George B Piggott
Plaintiff(s):
Jeffrey I Golden Represented By Michael T Delaney
Leslie A. Tucker Represented By Carel Ale
Oleg Elkhunovich
Sean Tucker Represented By
Carel Ale
Oleg Elkhunovich
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow
Jeffrey I Golden (TR) Michael T Delaney
9:00 AM
Hearing RE: Renewal Use Of Cash Collateral
(Motion filed 11/7/17) (Set per Order Entered 12/12/17)
[Tele. appr., Jennifer D. Raviele, repr. Landlords]
[Tele. appr., Michelle E. Shriro, repr., Red Development]
Docket 5
- NONE LISTED -
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
2:00 PM
Hearing RE: Emergency Motion For Stay Of Order Confirming Debtor's First Amended Plan Of Reorganization Until After Hearing On Diamond Enterprises'
Motion For Reconsideration Of Plan Confirmation (Motion filed 12/28/17)
Docket 201
Grant in part, deny in part. As the Court previously stated, the plan became effective upon entry of the confirmation order on December 21, 2017. The Court was very concerned that creditors who voted in favor of the plan (no creditor except Diamond Enterprises opposed plan confirmation or voted against the plan) did so upon then- prevailing assumptions that then-existing tax law would apply to plan transactions, including but not limited to the federal income tax effect of claiming tax losses in 2017. Generally speaking, the tax benefit of a tax loss is directly linked to the marginal tax rate applicable to the taxpayer. In other words, a taxpayer who claims a
$1,000 bad debt deduction and is in a 28 percent marginal tax bracket generally would obtain a $280 tax benefit from such deduction. The 2017 Tax Act that had been passed by Congress but not yet signed by President Trump lowered tax rates for many corporate and individual taxpayers, thus creating the prospect of reduced tax benefits if the plan became effective in 2018. Moreover, the details of the tax legislation were still very much in flux at the time that the creditors voted on the plan and, indeed, it was far from certain that tax legislation would actually pass.
Under these circumstances, the Court believed it would be very unfair to creditors to saddle them with the tax consequences of the 2017 Tax Act (which generally became effective January 1, 2018) when they did not know or have reason to know what the new law would be, especially in a situation where moving the effective date into 2018 could well cost those creditors money in the form of reduced tax benefits as well as
2:00 PM
deferring those tax benefits from 2017 for one full year into 2018. For these reasons, the Court made changes in the lodged confirmation order to ensure that the plan became effective on the date of entry of the order confirming the plan (i.e., December 21, 2017). In this manner, plan transactions occurring on the plan effective date of December 21, 2017 would trigger 2017, not 2018, tax consequences and potentially would enhance federal income tax benefits to creditors (as well as accelerating such losses into 2017 rather than deferring them into 2018).
The Court grants the motion insofar as it seeks a stay of any further implementation of the plan. The Debtor is stayed from making any further distributions under the plan through and including January 17, 2018. Diamond Enterprises is excused from performing under the confirmed plan through and including January 17, 2018.
Otherwise, Diamond Enterprises’ motion is denied.
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
Movant(s):
Diamond Enterprises Ltd., LP Represented By
M Douglas Flahaut Christopher K.S. Wong
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Seterus, Inc. As The Authorized Subservicer For Federal National Mortgage Association ("Fannie Mae"), Creditor c/o Seterus, Inc., Its Successors And/Or Assigns vs. DEBTORS
(Motion filed 9/26/17)
[RE: 2375 W. Mystic Lane, Anaheim, CA 92804]
FR: 11-6-17
Docket 48
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless debtors are current by the date of the hearing or a stipulation has been fully executed for an APO. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Todd Murdock Campbell Represented By Gary Leibowitz
Joint Debtor(s):
Karin Lynn Campbell Represented By
9:00 AM
Trustee(s):
Gary Leibowitz
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
U.S. Bank, N.A., Successor Trustee To LaSalle Bank National Association, On Behalf Of The Holders Of Bear Stearns Asset Backed Securities I Trust 2006-
HE2, Asset-Backed Certificates Series 2006-HE2 - vs. DEBTOR (Motion filed 10/16/17)
[RE: 3891 Claremont Street, Irvine, CA 92614]
FR: 11-13-17; 12-4-17
Docket 95
The Court will inquire into the status of this matter.
Debtor(s):
Gary Scott Represented By
Michael A Younge
Joint Debtor(s):
Denise Johnson-Scott Represented By Michael A Younge
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Seterus, Inc. As The Authorized Subservicer For Federal National Mortgage Association ("Fannie Mae"), Its Successors And/Or Assigns vs. DEBTOR (Motion filed 10/20/17)
[RE: 10442 Whirlaway, Cypress, CA 90630]
FR: 11-20-17
Docket 110
- NONE LISTED -
Debtor(s):
Bill Charles Represented By
Aaron Lloyd
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
MOVANT: Josefina Cendejas (Motion filed 12/7/17)
[RE: Case Name: Martin Cervantes v. Narcisco Cendejas et al.] [Docket No: 30-2009-0012885]
[Pending In: Orange County Superior Court]
Docket 63
The motion is granted pursuant to 11 U.S.C. § 362(d)(1). Cause exists for relief under 11 U.S.C. § 362(d)(1) because the claims at issue arise under non-bankruptcy law and can be most expeditiously resolved in the non-bankruptcy forum.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Josefina Cendejas Pro Se
9:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
MOVANT: Gina Estrella (Motion filed 12/7/17)
[RE: Case Name: Martin Cervantes v. Narciso Cenedjas et al.] [Docket No. 30-2009-0012885]
[Pending In: Orange County Superior Court]
Docket 62
The motion is granted pursuant to 11 U.S.C. § 362(d)(1). Cause exists for relief under 11 U.S.C. § 362(d)(1) because the claims at issue arise under non-bankruptcy law and can be most expeditiously resolved in the non-bankruptcy forum.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Gina Estrella Represented By
Andrew S Bisom
9:00 AM
Motion for relief from stay [Real Property]
Ditech Financial, LLC vs. DEBTORS (Motion filed 11/29/17)
[RE: 18452 Forrer Street, Detroit, MI 48235]
[Tele. appr., Darlene C. Vigil, repr. Ditech Financial]
Docket 41
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Eric Joseph Bolstad Represented By Douglas L Weeks
Joint Debtor(s):
Norma Renee Bolstad Represented By
9:00 AM
Trustee(s):
Douglas L Weeks
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Daimler Trust vs. DEBTORS (Motion filed 11/28/17)
[RE: 2014 Mercedes-Benz C250 - VIN No.: WDDGF4HB5EA952199]
[Tele. appr., Sheryl K. Ith, repr. MB]
Docket 11
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Frederick Calloway Represented By
James D. Hornbuckle
Joint Debtor(s):
Evelyn J. Calloway Represented By
9:00 AM
Trustee(s):
James D. Hornbuckle
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Global Lending Services LLC vs. DEBTOR (Motion filed 11/29/17)
[RE: 2015 Hyundai Elantra - VINNo.: 5NPDH4AE9FH581148]
[Tele. appr., Mark D. Estle, repr. Global Lending Services, LLC]
Docket 8
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sammy Bran Represented By
William Huestis
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
Sarm Five Points Plaza, LLC vs. DEBTOR (Motion filed 12/14/17)
[RE: 18587 Main Street, Huntington Beach, CA 92648 ]
Docket 136
- NONE LISTED -
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Barrett Daffin Frappier Treder & Weiss, LLP - movant attorney Evidentiary Hearing RE: Motion for Relief from Stay Nationstar Mortgage LLC DBA Mr. Cooper
(Motion filed 9/25/17)
Re: 1206 S CYPRESS AVE #E, Ontario, CA 91762
(To be held in Courtroom 6C, 411 West Fourth Street, Santa Ana, CA 92701)
Docket 8
- NONE LISTED -
Debtor(s):
Paul Cousineau Jr Jr Pro Se
Movant(s):
Nationstar Mortgage LLC Represented By Darlene C Vigil
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hearing RE: Order To Appear For Examination RE: Enforcement Of Judgment RE: Jeanne Marie Behling
(Set per Order Entered 11/17/17)
Docket 0
- NONE LISTED -
Debtor(s):
Stuart A Smith Represented By Melissa Davis Lowe Mark Bradshaw Ryan D ODea
Dennis E McGoldrick
Joint Debtor(s):
Renee M Smith Represented By Melissa Davis Lowe Mark Bradshaw Ryan D ODea
Dennis E McGoldrick
2:00 PM
Hearing RE: Motion For Order Approving Settlement By And Between Certain Of The Debtors And LMG National Publishing, Inc.
(Motion filed 12/8/17)
[Tele. appr., Alan J. Friedman, repr. Freedom Communication, et al]
Docket 1458
Grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
2:00 PM
CONT'D Hearing RE: Motion For Order Disallowing Claim: (Motion filed 8/9/17)
Claim No. 8 Renita Turner, dba Music Plus Entertainment $185,794.00 FR: 9-11-17; 11-20-17
Docket 128
Continue the hearing to February 12, 2018 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
Eric Martinson Represented By Richard Lynn Barrett
2:00 PM
Hearing RE: Motion By United States Trustee To Dismiss Case Or Convert Case To One Under Chapter 7 Pursuant To 11 U.S.C. Section 1112(b); And, Request For Judgment For Quarterly Fees Due And Payable To The U.S.
Trustee At The Time Of The Hearing (Motion filed 11/24/17)
Docket 156
- NONE LISTED -
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones Sara Tidd
9:00 AM
Scheer Law Group, LLP - movant attorney Motion for relief from stay
Pacific Marine Credit Union vs Debtors (Motion filed 11/22/17)
RE: 2014 LINCOLN MKZ Vin 3LN6L2GK6ER832594
(Tele. appr. Timothy Silverman, rep. creditor, Pacific Marine Credit Union)
Docket 35
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Rudolfo Jose Castillo Jr. Represented By Kristin R Lamar
Joint Debtor(s):
9:00 AM
Joann Tojino Castillo Represented By Kristin R Lamar
Movant(s):
Pacific Marine Credit Union Represented By Timothy J Silverman
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Scheer Law Group, LLP - movant attorney Motion for relief from stay
Pacific Marine Credit Union vs Debtors (Motion filed 11/22/17)
RE: 2011 FORD F250 Vin 1FT7W2BT1BEA05827
Docket 36
Deny the motion without prejudice. Movant appears to be adequately protected by over $3,000 in equity.
COURT TO PREPARE ORDER.
Debtor(s):
Rudolfo Jose Castillo Jr. Represented By Kristin R Lamar
Joint Debtor(s):
Joann Tojino Castillo Represented By Kristin R Lamar
Movant(s):
Pacific Marine Credit Union Represented By Timothy J Silverman
9:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
H.G. Long Esq - movant attorney Motion for relief from stay
The MPSN Properties LP vs Debtor (Motion filed 12/12/17)
RE: 2048 W. 15th Street, San Bernardino
Docket 24
The motion is granted pursuant to 11 U.S.C. § 362(d)(1). A judgment against the debtor was entered in the unlawful detainer action prepetition. The granting of this motion will permit the movant to exercise its rights under state law with respect to the subject property.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jacqueline Brown Pro Se
Movant(s):
THE MPSN PROPERTIES LP Represented By Helen G Long
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Malcolm Cisneros ALC - movant attorney Motion for relief from stay
US Bank Trust NA vs Debtor (Motion filed 12/8/17)
RE: 15719 Virginia Drive, Fontana, CA 92336
Docket 9
- NONE LISTED -
Debtor(s):
Hoi Jung Chung Represented By Kelly K Chang
Movant(s):
U.S. Bank Trust, N.A., as Trustee Represented By
Christina J O
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
TD Auto Finance LLC vs Debtor (Motion filed 12/12/17)
RE: 2017 Ford Mustang, VIN: 1FA6P8CF8H5240969
Docket 10
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Nicholas J. Adams Represented By Steven E Cowen
Movant(s):
TD Auto Finance LLC Represented By Sheryl K Ith
9:00 AM
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Law Office of Bret D. Allen - movant attorney Motion for Relief from Stay
BMW Bank of North America vs. DEBTOR (Motion filed 12/4/17)
Re: 2013 MINI Cooper Wagon 2D S I4 Turbo
Docket 12
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Bernard A. Pineda Represented By Ahren A Tiller
Movant(s):
BMW Bank of North America Represented By Bret D. Allen
9:00 AM
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTOR, John Pringle, trustee (Motion filed 12/6/17)
Re: 2013 Ford Mustang, VIN: 1ZVBP8CF8D5262454
Docket 9
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael Newett Pro Se
Joint Debtor(s):
Brooke Newett Pro Se
9:00 AM
Movant(s):
Santander Consumer USA Inc. Represented By Sheryl K Ith
Trustee(s):
John P Pringle (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTOR, Karl Anderson, trustee (Motion filed 12/6/17)
Re: 2015 Nissan Versa, VIN: 3N1CN7AP6FL801128
Docket 9
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Francisco J Partida Represented By Alexander Pham
Joint Debtor(s):
Lydia Partida Represented By
Alexander Pham
9:00 AM
Movant(s):
Santander Consumer USA Inc. Represented By Sheryl K Ith
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Higgs Fletcher & Mack LLP - movant attorney Motion for Relief from Stay
Havasu Lakeshore Investments vs. DEBTOR (Motion filed 12/1/17)
Re: ACTION IN NON-BANKRUPTCY FORUM RE: Orange County Fraudulent Transfer Action
Docket 18
The motion is moot because the underlying state court action has been removed to this Court.
Deny without prejudice.
Havasu Lakeshore Investments’ right to move for remand is preserved. As to motion 3 regarding the Riverside Dwelling Action, deny for reasons stated in Debtor’s opposition.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Movant(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
9:00 AM
9:00 AM
Higgs Fletcher & Mack LLP - movant attorney Motion for Relief from Stay
Havasu Lakeshore Investments vs. DEBTOR (Motion filed 12/1/17)
Re: ACTION IN NON-BANKRUPTCY FORUM RE: Riverside Fraudulent Transfer Action.
Docket 19
The motion is moot because the underlying state court action has been removed to this Court.
Deny without prejudice.
Havasu Lakeshore Investments’ right to move for remand is preserved. As to motion 3 regarding the Riverside Dwelling Action, deny for reasons stated in Debtor’s opposition.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Movant(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
9:00 AM
9:00 AM
Higgs Fletcher & Mack LLP - movant attorney Motion for Relief from Stay
Havasu Lakeshore Investments vs. DEBTOR (Motion filed 12/1/17)
Re: ACTION IN NON-BANKRUPTCY FORUM RE: Riverside Sale of Dwelling Action.
Docket 20
The motion is moot because the underlying state court action has been removed to this Court.
Deny without prejudice.
Havasu Lakeshore Investments’ right to move for remand is preserved. As to motion 3 regarding the Riverside Dwelling Action, deny for reasons stated in Debtor’s opposition.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Movant(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
9:00 AM
9:00 AM
Mark D. Estle - movant attorney Motion for relief from stay
Toyota Motor Credit Corporation vs Debtors (Motion filed 12/11/17)
2011 Toyota Venza, VIN:4T3ZK3BB0BU034651
(Tele. appr Mark Estle, rep. creditor, Toyota Motor Credit Corporation)
Docket 18
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Alejandro Morales Represented By Nicholas M Wajda
9:00 AM
Joint Debtor(s):
Paramy Mimee Raxajack-Morales Represented By
Nicholas M Wajda
Movant(s):
TOYOTA MOTOR CREDIT Represented By Mark D Estle
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Mark D. Estle - movant attorney Motion for relief from stay
Toyota Lease Trust vs Debtors (Motion filed 12/11/17)
2015 Toyota Sienna, VIN:5TDYK3DC0FS575398
(Tele. appr Mark Estle, rep. creditor, Toyota Lease Trust)
Docket 10
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael F. Catley Represented By Christopher J Langley
9:00 AM
Joint Debtor(s):
Rose T. Catley Represented By Christopher J Langley
Movant(s):
TOYOTA LEASE TRUST Represented By Mark D Estle
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Kimball, Tirey & St. John LLP - movant attorney Motion for Relief from Stay
Ridgestone Partners, L.P. vs. DEBTOR (Motion filed 11/29/17)
Re: 39415 Ardenwood Wy. #2812, Lake Elsinore, CA 92532
Docket 9
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2). This motion has been filed to proceed with an unlawful detainer action. This action must go forward because the debtor's right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Olga Asuquo Zakhar Pro Se
Movant(s):
RIDGESTONE PARTNERS, L.P. Represented By
Scott Andrews
9:00 AM
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Luke Daniels - movant attorney Motion for relief from stay Andy Chou vs Debtors
(Motion filed 12/12/17)
RE: 5051 Juneau Ct., Rancho Cucamonga, CA 91737
Docket 7
Debtor(s):
Se Jin Kim Pro Se
Movant(s):
Andy Chou Represented By
Luke P Daniels
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:00 PM
Trustee's Final Report and Applications for Compensation
Docket 63
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$771.34 and expenses in the amount of $214.66.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Loretta Ann Flores Represented By Sunita N Sood
Trustee(s):
Charles W Daff (TR) Pro Se
2:00 PM
Trustee's Final Report and Applications for Compensation
Docket 44
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$7,500.00 and expenses in the amount of $317.38.
The Court approves a payment of a priority tax claim of $373.23 to the California taxing authority.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Noel S. Varela Represented By Mona V Patel
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
2:00 PM
Adv#: 6:16-01167 Shin v. Altman
PRE-TRIAL CONFERENCE re fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))
(Advanced from 2/15/18)
(Tele. appr. Kathleen March, rep. creditor, Angie Shin)
Docket 1
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Defendant(s):
Murray Altman Represented By Andrew S Bisom Kathleen P March
Plaintiff(s):
Yun Hei Shin Represented By
Kathleen P March Andrew S Bisom
2:00 PM
Hrg on Motion of Creditor, Shin/RPL: (1) Moving for Order Dismissing Altmans Chapter 11 Case, or Converting it to Ch 7; and Alternatively (2) Moving Court to Re-set Deadline for Altman to File a New Plan and Disclosure Statement, Deadline to Get Disclosure Statement Approved, and Deadline to Confirm a Ch11 Plan, or Have Case Dismiss
(Tele. appr. Kathleen March, rep. creditor, Angie Shin)
Docket 131
If Ms. Shin’s appeal of this Court’s order denying her motion confirming that the stay does not apply to a state court motion to appoint a receiver for DSF (or in the alternative for relief from stay), is successful and Ms. Shin obtains a receiver’s appointment in state court, the debtor-in-possession will lose control of over 80 percent of the estate’s assets by value. At that point it seems questionable whether there would be any point to Mr. Altman continuing with this bankruptcy case, and a voluntary dismissal (or a consent to conversion to chapter 7) would seem to be in the cards.
For reasons of judicial economy, this Court will await the BAP’s determination of the appeal before hearing and determining this motion.
The hearing on this motion is continued to June 26, 2018 at 2:00 p.m. In the event the BAP determines the appeal prior to June 26, 2018, the Court will reset this hearing to a date convenient to the Court and the parties.
COURT TO PREPARE ORDER.
2:00 PM
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Movant(s):
Ramon Palm Lane, Inc., a CA Corp. Represented By
Kathleen P March
Yun Hei Shin Represented By
Kathleen P March
2:00 PM
Hrg. on Chapter 11 Status Conference (Cont. from 11/28/17)
(Tele. appr. Kathleen March, rep. creditor, Angie Shin)
Docket 0
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: May 31, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Trustee's Final Report and Applications for Compensation
Docket 27
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$1,046.50 and expenses in the amount of $9.32.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Epifanio Sandoval Jr. Represented By David Lozano
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg on Trustee's Motion to Claim 10 filed by Wells Fargo Bank NA
Docket 35
Grant the motion, sustain the objection, and treat Claim No. 10 of Wells Fargo Bank,
N.A. as a late-filed claim subordinated to all timely-filed claims.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Alicia Martinez Represented By
C Scott Rudibaugh
Movant(s):
Robert Whitmore (TR) Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Hrg. on Movant's Motion filed 12/19/17 to dismiss Debtor's Chapter 11 case, or in the alternative, convert to Chapter 7, pursuant to Bankruptcy Code § 1112(b)
Docket 34
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Movant(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
9:00 AM
Adv#: 8:14-01108 Golden v. Nanda et al
Hearing RE: Omnibus Motion To (1) Alter Or Amend Orders Granting In Part And Denying In Part C.B. Nanda And Triple Nine Plus Fine Land And Mining Company, LLC's Motions Noticed For Hearing On October 18, 2017; And (2)
For Relief From Orders On Objections To Form Of Orders Entered In The Above Captioned Adversary Proceedings On November 9, 2017
(Motion filed 11/20/17)
[Tele. appr., Louis H. Altma, repr., Louis Altman]
[Tele. appr., David H. Haberbush, repr., David R. Haberbush and Haberbush & Associates, LLP]
[Tele. appr., Vanessa M. Haberbush, repr., Haberbush & Associates, LLP] [Tele. appr., Sean P. Tucker, repr., In Proprria Persona, Sean P. Tucker]
Docket 182
- NONE LISTED -
Debtor(s):
Jeffrey Sumner Childs Pro Se
Defendant(s):
C. B. Nanda Pro Se
Triple Nine Plus Fine Land and Represented By
Michael D. Mccaffrey
Triple Nine Kelly, LLC Represented By
9:00 AM
Penelope Parmes
RMDG LLC Represented By
Penelope Parmes
COORG Corporation Represented By Penelope Parmes
DGRM LLC Represented By
Penelope Parmes
INDON LLC Represented By
Penelope Parmes
KIMAN LLC Represented By
Penelope Parmes
ELEMO LLC Represented By
Penelope Parmes
Plaintiff(s):
Jeffrey I Golden Represented By Michael T Delaney Ashley M McDow
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow
Jeffrey I Golden (TR) Michael T Delaney
9:00 AM
Adv#: 8:14-01135 Golden et al v. Nanda et al
Hearing RE: Omnibus Motion To (1) Alter Or Amend Orders Granting In Part And Denying In Part C.B. Nanda And Triple Nine Plus Fine Land And Mining Company, LLC's Motions Noticed For Hearing On October 18, 2017; And (2)
For Relief From Orders On Objections To Form Of Orders Entered In The Above Captioned Adversary Proceedings On November 9, 2017
(Motion filed 11/20/17)
[Tele. appr., Louis H. Altma, repr., Louis Altman]
[Tele. appr., David H. Haberbush, repr., David R. Haberbush and Haberbush & Associates, LLP]
[Tele. appr., Vanessa M. Haberbush, repr., Haberbush & Associates, LLP] [Tele. appr., Sean P. Tucker, repr., In Proprria Persona, Sean P. Tucker]
Docket 108
- NONE LISTED -
Debtor(s):
Jeffrey Sumner Childs Pro Se
Defendant(s):
C. B. Nanda Represented By
George B Piggott
Triple Nine Plus Fine Land and Represented By
Michael D McCaffrey
9:00 AM
RMDG LLC Represented By
George B Piggott
COORG Corporation Represented By George B Piggott
DGRM LLC Represented By
George B Piggott
INDON LLC Represented By
George B Piggott
KIMAN LLC Represented By
George B Piggott
ELEMO LLC Represented By
George B Piggott
Triple Nine Kelly, LLC Represented By George B Piggott
Plaintiff(s):
Jeffrey I Golden Represented By Michael T Delaney
Leslie A. Tucker Represented By Carel Ale
Oleg Elkhunovich
Sean Tucker Represented By
Carel Ale
Oleg Elkhunovich
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow
Jeffrey I Golden (TR) Michael T Delaney
9:00 AM
Adv#: 8:13-01390 Triple Nine Plus Fine Land and Mining Company, LLC v. Childs
Hearing RE: Omnibus Motion To (1) Alter Or Amend Orders Granting In Part And Denying In Part C.B. Nanda And Triple Nine Plus Fine Land And Mining Company, LLC's Motions Noticed For Hearing On October 18, 2017; And (2)
For Relief From Orders On Objections To Form Of Orders Entered In The Above Captioned Adversary Proceedings On November 9, 2017
(Motion filed 11/20/17)
[Tele. appr., Louis H. Altma, repr., Louis Altman]
[Tele. appr., David H. Haberbush, repr., David R. Haberbush and Haberbush & Associates, LLP]
[Tele. appr., Vanessa M. Haberbush, repr., Haberbush & Associates, LLP] [Tele. appr., Sean P. Tucker, repr., In Proprria Persona, Sean P. Tucker]
Docket 105
- NONE LISTED -
Debtor(s):
Jeffrey Sumner Childs Pro Se
Defendant(s):
Jeffrey Sumner Childs Represented By Kurt E English
Plaintiff(s):
Triple Nine Plus Fine Land and Represented By
9:00 AM
Michael D McCaffrey
CB Nanda Represented By
George B Piggott
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow
Jeffrey I Golden (TR) Michael T Delaney
9:00 AM
Adv#: 8:13-01096 Triple Nine Plus Fine Land and Mining Company, LLC v. Childs et al
Hearing RE: Omnibus Motion To (1) Alter Or Amend Orders Granting In Part And Denying In Part C.B. Nanda And Triple Nine Plus Fine Land And Mining Company, LLC's Motions Noticed For Hearing On October 18, 2017; And (2)
For Relief From Orders On Objections To Form Of Orders Entered In The Above Captioned Adversary Proceedings On November 9, 2017
(Motion filed 11/20/17)
[Tele. appr., Louis H. Altma, repr., Louis Altman]
[Tele. appr., David H. Haberbush, repr., David R. Haberbush and Haberbush & Associates, LLP]
[Tele. appr., Vanessa M. Haberbush, repr., Haberbush & Associates, LLP] [Tele. appr., Sean P. Tucker, repr., In Proprria Persona, Sean P. Tucker]
Docket 143
- NONE LISTED -
Debtor(s):
Jeffrey Sumner Childs Pro Se
Defendant(s):
Jeffrey Sumner Childs Pro Se
Jeffrey I Golden Represented By Ashley M McDow Michael T Delaney
9:00 AM
Plaintiff(s):
Triple Nine Plus Fine Land and Represented By
Michael D McCaffrey
C. B. Nanda Represented By
George B Piggott
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow
Jeffrey I Golden (TR) Michael T Delaney
9:00 AM
Adv#: 8:13-01351 Triple Nine Plus Fine Land and Mining Company, LLC v. Tucker et al
Hearing RE: Omnibus Motion To (1) Alter Or Amend Orders Granting In Part And Denying In Part C.B. Nanda And Triple Nine Plus Fine Land And Mining Company, LLC's Motions Noticed For Hearing On October 18, 2017; And (2)
For Relief From Orders On Objections To Form Of Orders Entered In The Above Captioned Adversary Proceedings On November 9, 2017
(Motion filed 11/20/17)
[Tele. appr., Louis H. Altma, repr., Louis Altman]
[Tele. appr., David H. Haberbush, repr., David R. Haberbush and Haberbush & Associates, LLP]
[Tele. appr., Vanessa M. Haberbush, repr., Haberbush & Associates, LLP] [Tele. appr., Sean P. Tucker, repr., In Proprria Persona, Sean P. Tucker]
Docket 103
- NONE LISTED -
Debtor(s):
Jeffrey Sumner Childs Pro Se
Defendant(s):
Sean Tucker Represented By
Roger F Friedman Oleg Elkhunovich Carel Ale
Leslie Tucker Represented By
9:00 AM
Roger F Friedman Oleg Elkhunovich Carel Ale
Plaintiff(s):
Triple Nine Plus Fine Land and Represented By
David R Haberbush Vanessa M Haberbush Michael D McCaffrey
C. B. Nada Represented By
David R Haberbush Vanessa M Haberbush George B Piggott
Triple Nine Plus Charity Represented By
David R Haberbush Vanessa M Haberbush
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow
Jeffrey I Golden (TR) Michael T Delaney
9:00 AM
CONT'D Hearing RE: Motion For Sanctions Against Triple Nine Plus Fine Land And Mining Company, LLC, C.B. Nanda, David R. Haberbushm Esq., Louis H. Altman Esq., Vanessa M. Haberbush Esq. And Haberbush And Associates, LLP Pursuant To Federal Rules Of Bankruptcy Procedure 9011 And 8020, 28 U.S.C. Section 1927, 11 U.S.C. Section 105 And Local Bankruptcy Rule 9011-3 (Motion filed 11/27/17)
FR: 12-18-17
[Tele. appr., Louis H. Altma, repr., Louis Altman]
[Tele. appr., David H. Haberbush, repr., David R. Haberbush and Haberbush & Associates, LLP]
[Tele. appr., Vanessa M. Haberbush, repr., Haberbush & Associates, LLP] [Tele. appr., Sean P. Tucker, repr., In Proprria Persona, Sean P. Tucker]
Docket 669
The Court will orally rule on evidentiary objections brought by Haberbush & Associates, LLP.
The request for judicial notice filed by Haberbush & Associates, LLP is granted.
The Court denies the motion for two independent reasons. The first reason is that a party represented by counsel may not properly file a motion pro se. United States v. El-Alamin, 574 F.3d 915, 923 (8th Cir. 2009); United States v. Hildreth, 485 F.3d
1120, 1124 (10th Cir. 2007); United States v. Vampire Nation, 451 F.3d 189, 208 (3d
9:00 AM
Cir. 2006); Le v. Almager, 2013 WL 415632 at *1 (N.D.Cal. 2013).
The second independent reason (or series of reasons) is that the requested relief in the form of sanctions fails to satisfy the requirements of the relevant statutes and rules authorizing the imposition of sanctions. Federal Rule of Bankruptcy Procedure 9011 does not apply here because parties adverse to the Tuckers in this matter were not given an opportunity to withdraw the pleadings that the Tuckers argue are sanctionable under this Rule. This dovetails with the requirement that motions for sanctions under this Rule be brought promptly after identification of the allegedly wrongful conduct, something that did not occur here (the lagtime here in some instances is measured in years). In re Quinones, 543 B.R. 638, 648 (N.D. Cal. 2015). Regarding 28 U.S.C. § 1927, bankruptcy courts cannot impose sanctions under this statute because (surprisingly) they do not qualify as a "court of the United States") Determan v. Sandoval (In re Sandoval), 186 B.R. 490, 495-96 (B.A.P. 9th Cir. 1995). Federal Rule of Bankruptcy Procedure 8020 permits an appellate court to impose sanctions, but this Court is not an appellate court. Local Bankruptcy Rule 9011-3 is inapplicable for the reasons argued by Haberbush & Associates, LLP in its opposition to the Tuckers’ sanctions motion. The Court declines to impose sanctions under 11
U.S.C. § 105(a) because it does not find any bad faith or willful misconduct on the part of C.B. Nanda, Triple Nine Plus Fine Land and Mining Co., LLC (the "Nanda Parties"), or Haberbush & Associates, LLC. To be sure, matters were intensively litigated during the course of the case and consumed a great deal of the Court’s time. The Court ruled against the Nanda Parties a number of times, but that does not in and of itself show bad faith or willful misconduct on the part of the Nanda Parties.
HABERBUSH & ASSOCIATES, LLP TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Jeffrey Sumner Childs Pro Se
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow
Jeffrey I Golden (TR) Michael T Delaney
9:00 AM
Adv#: 8:17-01082 Blue Light Capital Corp v. Bian
Hearing RE: Motion Of Anerio V. Altman, Esq. To Be Relieved As Counsel (Motion filed 11/28/17)
Docket 18
Grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Blue Light Capital Corp Represented By Alan M Lurya
Defendant(s):
Wenqiang Bian Represented By Anerio V Altman
Plaintiff(s):
Blue Light Capital Corp Represented By Alan M Lurya
9:00 AM
Adv#: 8:17-01051 Diamond Enterprises, LTD., LP v. Younessi
CONT'D Hearing RE: Amended Motion For Summary Judgment And/Or Partial Summary Adjudication Pursuant To Federal Rule Of Bankruptcy Procedure 7056
(Motion filed 11/1/17) (Amended Motion filed 11/3/17) FR: 12-13-17
Docket 44
- NONE LISTED -
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
Defendant(s):
Michael Younessi Represented By Michael Jones Roger Frederickson
Plaintiff(s):
Diamond Enterprises, LTD., LP Represented By Stephan M Brown
9:00 AM
CONT'D Status Conference Hearing RE: Motion for relief from stay [Real Property] On The Issues Of Whether The Bankruptcy Petition Was Filed In Bad Faith
(Status Conference hearing set at hearing held 12/13/17)
Daniel Neskovic vs. DEBTORS (Motion filed 5/25/17)
[RE: 2430 Camino Oleada, San Clemente, CA 92673]
FR: 6-19-17; 10-23-17; 11-15-17, 12-13-17
Docket 22
The Court will inquire into the status of the anticipated stipulation.
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones
9:00 AM
CONT'D Status Conference Hearing RE: Daniel Neskovic's Motion To Convert Case Pursuant To Section 1112(b), Or In The Alternative, For The Appointment Of A Chapter 11 Trustee Pursuant To Section 1104(a)
(Motion filed 6/29/17)
(Status Conference hearing set at hearing held 12/13/17)
FR: 7-24-17; 9-13-17; 10-18-17; 11-15-17, 12-13-17
Docket 54
The Court will inquire into the status of the anticipated stipulation.
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones Sara Tidd
9:00 AM
Adv#: 8:17-01099 Neskovic v. Corbin
CONT'D Status Conference Hearing RE: Motion For Summary Judgment Or, Alternatively, Summary Adjudication Against Defendant/Debtor Dean Lavar Corbin
(Motion filed 8/1/17)
(Status Conference hearing set at hearing held 12/13/17)
FR: 9-13-17; 10-18-17; 11-15-17; 12-13-17
Docket 13
The Court will inquire into the status of the anticipated stipulation.
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones Sara Tidd
Defendant(s):
Dean Lavar Corbin Represented By Michael Jones
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones Sara Tidd
Plaintiff(s):
Daniel Neskovic Represented By
9:00 AM
Paul J Kurtzhall
9:00 AM
Adv#: 8:17-01099 Neskovic v. Corbin
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Plaintiff's Complaint To Determine Non-Dischargeability Of Debt Pursuant To 11 U.S.C. 523(a)(2)(A) & 6
(Complaint filed 6/7/17)
(Another Summons issued 7/12/17) (Answer and Counter-claim filed 8/11/17)
FR: 8-30-17; 9-27-17; 10-25-17; 11-15-17; 12-20-17
Docket 1
The Court will inquire into the status of the anticipated stipulation.
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones Sara Tidd
Defendant(s):
Dean Lavar Corbin Pro Se
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones Sara Tidd
Plaintiff(s):
Daniel Neskovic Represented By
9:00 AM
Paul J Kurtzhall
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 10-4-17
[Tele. appr., Darlene C. Vigil, repr., Wells Fargo Bank]
Docket 8
- NONE LISTED -
Debtor(s):
Jimmy Alcaraz Represented By Bert Briones
Joint Debtor(s):
Debra Josephine Alcaraz Represented By Bert Briones
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 11-8-17; 12-13-17
Docket 7
- NONE LISTED -
Debtor(s):
Abraham Hamideh Represented By Joseph M Hoats
Joint Debtor(s):
Randa Hamida Represented By Joseph M Hoats
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 11-8-17
Docket 2
- NONE LISTED -
Debtor(s):
Michael Anthony Ruffino Pro Se
Joint Debtor(s):
Brandy Bernadette Ruffino Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 11-8-17; 12-13-17
Docket 0
- NONE LISTED -
Debtor(s):
Fernando Antonio Aguirre III Represented By Joseph A Weber
Joint Debtor(s):
Linda Anderson Aguirre Represented By Joseph A Weber
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 11-8-17; 12-13-17
Docket 24
- NONE LISTED -
Debtor(s):
Danny L. Haller Represented By Joseph A Weber
Joint Debtor(s):
Deborah L. Haller Represented By Joseph A Weber
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-13-17
Docket 2
- NONE LISTED -
Debtor(s):
Brian Hopkins Sr. Represented By Erika Luna
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-13-17
Docket 2
- NONE LISTED -
Debtor(s):
Kevin Todd Mount Represented By Marlin Branstetter
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Debtor's Motion To Avoid Junior Lien With National City Bank Serviced By Trojan Capital Investments, LLC
(Motion filed 11/17/17)
[RE: 5422 Grandview Avenue, Yorba Linda, CA 92886]
FR: 12-13-17
Docket 24
The Court will inquire into the status of this matter.
Debtor(s):
Kevin Todd Mount Represented By Marlin Branstetter
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Jonathan Friestedt Represented By Julie J Villalobos
Joint Debtor(s):
Darlene Friestedt Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Jennifer Leigh Cunningham Represented By Michael Jones
Movant(s):
Jennifer Leigh Cunningham Represented By Michael Jones
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 13
- NONE LISTED -
Debtor(s):
Hoang A Bui Pro Se
Movant(s):
Hoang A Bui Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Eric Todd Nichols Represented By Lionel E Giron
Movant(s):
Eric Todd Nichols Represented By Lionel E Giron
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 17
- NONE LISTED -
Debtor(s):
Patricia Garcia Bennett Represented By James B Smith
Movant(s):
Patricia Garcia Bennett Represented By James B Smith
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 4
- NONE LISTED -
Debtor(s):
Carlos Alberto Janacua Jr Pro Se
Movant(s):
Carlos Alberto Janacua Jr Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 14
- NONE LISTED -
Debtor(s):
Gregorio Reyes Represented By Luis G Torres
Movant(s):
Gregorio Reyes Represented By Luis G Torres
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Debtor's Motions to (1) Continue Administration of the Estate Per FRBP 1016; and (2) Excuse Compliance With Requirement to File Certification of Compliance and Application for Discharge Per 11 U.S.C. § 1328(a)(g) & (h) (Motion filed 12/12/17)
Docket 64
Grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
George M. Clark Represented By Steven B Lever
Trustee(s):
Amrane (SA) Cohen (TR) Represented By
Amrane (SA) Cohen (TR)
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 8/29/17) FR: 11-8-17; 12-13-17
Docket 53
The Court will inquire into the status of this matter.
Debtor(s):
Jose Mella Ramin Jr. Represented By Paul M Allen
Joint Debtor(s):
Marivic Aparato Ramin Represented By Paul M Allen
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Status Conference On Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 8/1/17) (Opposition filed 9/19/17) (S/C set at hearing held 10/4/17)
FR: 10-4-17
Docket 48
The Court will inquire into the Chapter 13 Trustee's views on this matter.
Debtor(s):
Felix Martinez Represented By Joseph A Weber
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 10/3/17) (Opposition filed 10/16/17) (Notice of Hearing filed 10/16/17)
FR: 12-13-17
Docket 59
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Blanca E Gamez Represented By Nima S Vokshori
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 12/11/17) (Set per Response filed 12/11/17)
Docket 126
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
James Jinwoo Kim Represented By Amanda G Billyard Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 9/6/17) (Set Per Response filed 10/17/17) FR: 12-13-17
Docket 42
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Craig Goodman Represented By Sundee M Teeple Craig K Streed
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion Under Local Bankruptcy Rule 3015-1 (n) And (w) To Modify Plan Or Suspend Plan Payments
(Motion filed 12/11/17)
Docket 46
Deny the amended motion.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Craig Goodman Represented By Sundee M Teeple Craig K Streed
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 10/31/17) (Set per Notice of Hearing and Opposition filed 11/3/17)
Docket 65
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Eddie Evans Light Represented By Michael Jones Sara Tidd
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Evidentiary Hearing RE: Motion To Avoid Junior Lien On Principal Residence With Franklin Credit Management Corporation
(Evidentiary hearing set at hearing held 11/8/17) [RE: 1220 S. Ross Street, Santa Ana. CA 92707] FR: 9-13-17; 11-8-17
Docket 18
- NONE LISTED -
Debtor(s):
David Williams Represented By Julie J Villalobos
Joint Debtor(s):
Denise Williams Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 9-13-17; 12-13-17
Docket 2
- NONE LISTED -
Debtor(s):
David Williams Represented By Julie J Villalobos
Joint Debtor(s):
Denise Williams Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing: Order To Show Cause RE: Dismissal For Failure To Comply With Rule 1006(b) - Installments.
[$100.00 Installment Fee Was Due On 12-1-17]
Docket 0
Dismiss the case.
COURT TO PREPARE ORDER.
Debtor(s):
Carlos Alberto Janacua Jr Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 6:17-01192 Zagros Horizons USA, Inc. v. Bagheritarie
Hrg on Defendant's Motion to Dismiss Adversary Proceeding (Cont. from 11/30/17)
Docket 7
Continue to May 3, 2018 at 9:00 a.m. to permit mediation to go forward and conclude. COURT TO PREPARE ORDER.
Debtor(s):
Frank Bagheritarie Represented By Neil R Hedtke
Defendant(s):
Frank Bagheritarie Represented By Varand Gourjian
Plaintiff(s):
Zagros Horizons USA, Inc. Represented By Dina Farhat Paymon Bidari
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
9:00 AM
Adv#: 6:17-01192 Zagros Horizons USA, Inc. v. Bagheritarie
STATUS CONFERENCE Re: Complaint for: 1. Declaratory relief 2. Preliminary injunction 3. Avoidance and recovery of actual fraudulent transfers (11 U.S.C. §§ 548(1)(A) and 550) 4. Avoidance and recovery of actual fraudulent transfers (CCP §3439) 5. Avoidance and recovery of constructive fraudulent transfer (11
U.S.C. §§5549(a)(1)(B) and 550) (Cont. from 11/30/17)
Docket 1
The Court will order this adversary proceeding into mediation. The parties shall file a mediation stipulation on or before February 28, 2018 and lodge an order thereon.
Next status conference: May 3, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Frank Bagheritarie Represented By Neil R Hedtke
Defendant(s):
Frank Bagheritarie Pro Se
Plaintiff(s):
Zagros Horizons USA, Inc. Represented By Dina Farhat
9:00 AM
Trustee(s):
Paymon Bidari
John P Pringle (TR) Represented By Wesley H Avery
9:00 AM
Hrg. on Chapter 11 Status Conference
Docket 0
The Court will set the bar date at March 31, 2018 and require notice of the bar date to be filed and served on or before January 25, 2018.
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: April 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
CONT'D Hearing RE: Renewal Use Of Cash Collateral (Motion filed 11/7/17) (Set per Order Entered 12/12/17)
FR: 1-5-18
Docket 5
The Court has reviewed Debtor’s case status report, filed December 27, 2017 (Docket No. 181), wherein it is stated that Debtor intended to liquidate all inventory and vacate all retail stores by December 31, 2017. It would be helpful if Debtor were to file an updated case status report before noon on Thursday, January 11, 2018 reporting on the current status of the case, especially use of cash collateral negotiations with Wells Fargo.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Hearing RE: Debtor's Motion For Order Authorizing Rejection Of Unexpired Leases
(Motion filed 1/2/18) (Set per Order Entered 1-4-18)
Docket 194
Grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Aldridge Pite LLP - movant attorney Motion for relief from stay
CIT BANK NA vs Debtor (Motion filed 12/14/17)
RE: 9825 Chantry Avenue, Fontana, California 92335
Docket 22
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
- Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Lucille Moore Represented By Sundee M Teeple
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
H.G. Long - movant attorney Motion for Relief from Stay
Cobra 28 No. 8, LP vs. DEBTORS
(Motion filed 12/20/17)
Re: 33489 McGrew Drive, Lake Elsinore, CA
Docket 14
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) . This motion has been filed to proceed with an unlawful detainer action. This action must go forward because the debtor's right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed.
The request for annulment is granted.
The 14-day stay provided by Rule 4001(a)(3) is not waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Tycin D. Jaehnig Represented By Patricia M Ashcraft
Joint Debtor(s):
Jennie-Lynne Jaehnig Represented By Patricia M Ashcraft
9:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTOR, Todd Frealy, trustee (Motion filed 12/21/17)
Re: 2008 Dodge Nitro, VIN: 1D8GT58K48W187715
Docket 14
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Valesheia L. Martin Represented By Patricia M Ashcraft
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
McCarthy & Holthus - movant attorney Motion for relief from stay
Wells Fargo Bank, NA vs Debtors (Motion filed 12/19/17)
RE: 31296 Via Bejarano, Temecula, CA 92592
Docket 11
The motion is granted pursuant to 11 U.S.C. § 362(d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
Box 12. Upon entry of the order, for purposes of Cal. Civ. Code § 2923.5, the Debtor is a borrower as defined in Cal. Civ.Code § 2920.5(c)(2)(C).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Lloyd Scott Peterson Represented By Gary S Saunders
Joint Debtor(s):
Sarah Howell Peterson Represented By Gary S Saunders
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Hrg on Trustee's Final Report and Applications for Compensation
Docket 28
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$759.56 and expenses in the amount of $39.91.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jasmine Carrillo Ruiz Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
2:00 PM
Hrg. on United States Trustee For An Order Disgorging Fees, Assessing Damages, And Imposing Fines And Against Bankruptcy Petition Preparer Star Miller, Pursuant To 11 U.S.C. § 110
(cont from 11/28/17)
Docket 23
Grant the motion in part and order (1) disgorgement of $200.00 in fees to the debtor and (2) assess damages of $2,000.00. § 110(i)(1).
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sergio Enrique Quntanilla Merlos Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg on Trustee's Final Report and Applications for Compensation
Docket 26
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$485.78 and expenses in the amount of $157.55.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Gary Lewis Miller II Represented By Thomas Watkins
Trustee(s):
Charles W Daff (TR) Pro Se
2:00 PM
Hrg. on Debtors' Motion filed 6/30/1 to Convert Case From Chapter 7 to 13 (Cont. from 11/14/17)
Docket 18
- NONE LISTED -
Debtor(s):
Rudolfo Jose Castillo Jr. Represented By Kristin R Lamar
Joint Debtor(s):
Joann Tojino Castillo Represented By Kristin R Lamar
Movant(s):
Rudolfo Jose Castillo Jr. Represented By Kristin R Lamar Kristin R Lamar Kristin R Lamar Kristin R Lamar Kristin R Lamar Kristin R Lamar
Joann Tojino Castillo Represented By Kristin R Lamar Kristin R Lamar Kristin R Lamar
2:00 PM
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Adv#: 8:17-01119 Kosmala v. Pacific Commercial Group, LLC et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
For Turnover Of Property Of The Estate And For An Accounting Pursuant To 11 U.S.C. Section 542;
For Turnover Of Property Of The Estate And For An Accounting Pursuant To 11 U.S.C. Section 542;
For Turnover Of Property Of The Estate And For An Accounting Pursuant To 11 U.S.C. Section 542;
For Turnover Of Property Of The Estate And For An Accounting Pursuant To 11 U.S.C. Section 542;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(B) And 550; And California Civil Code Sections 3439.04(a)(1); 3439.07 And 3439.09;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(b) And 550; And California Civil Code Sections 3439.04(a)(2); 3439.07 And 3439.09;
To Avoid And Recover Fraudulent Transfers Under 11 U.S.C. Sections 544
(b) And 550; And California Civil Code Sections 3439.05; 3439.07 And 3439.09;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(A)(1)(A) And 550;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(A)(1)(B) And 550;
To Avoid And Recover Unauthorized Post Petition Transfers Pursuant To 11 U.S.C. Sections 549 And 550;
Declaratory Relief;
To Preserve Transfers For The Benefit Of The Estate Pursuant To 11
U.S.C. Section 551; And
For Attorneys' Fees And Costs (Complaint filed 7/15/17)
FR: 10-4-17; 11-8-17
Docket 1
9:00 AM
In view of the U.S. District Court stay (arguably applicable to all adversary proceedings in this case), this status conference is continued to March 7, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
Pacific Commercial Group, LLC Pro Se
Baek Family Partnership, LLC Pro Se
Baek 124, LLC Pro Se
Baek Holdings, LLC Pro Se
Baek 153, LLC Pro Se
RGJ Baek, LLC Pro Se
Richard Baek Pro Se
Grace Baek Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Reem J Bello
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello
9:00 AM
Faye C Rasch
9:00 AM
Hearing RE: Motion For Reconsideration Re Confirmation Of Debtor's First Amended Plan Of Reorganization
(Motion filed 12/12/17) (Set per order entered 12/21/17)
Docket 181
The matter before the Court is the motion (the "Motion") of Diamond Enterprises Ltd., L.P. ("Diamond Enterprises") for reconsideration of this Court’s order confirming the plan of reorganization of Michael Younessi ("Debtor").
INTRDODUCTION
In an Order Granting Motion to Approve First Amended Disclosure Statement and Scheduling Order, Docket No. 118, filed and entered September 23, 2017 (the "Scheduling Order"), this Court approved Debtor’s First Amended Disclosure Statement, and, among other things, set a deadline of October 13, 2017 for filing any objections to the confirmation of the proposed First Amended Plan Chapter 11 Plan of Reorganization, Docket No. 106, filed September 1, 2017 (the "Plan"). Creditor Diamond Enterprises timely filed Diamond’s Objection to Confirmation of Debtor’s First Amended Chapter 11 Plan of Reorganization, Filed September 1, 2017, Docket No. 142, filed October 13, 2017 (the "Objection").
The Plan proposed by Debtor separately classified the claim of Diamond Enterprises in Class 7 and gave Diamond Enterprises three different options with respect to treatment of its claim under the Plan. Under Treatment A, Diamond Enterprises would be paid $22,000.00 on the Plan effective date plus any remaining funds from the Class 7 Reserve, in total and complete satisfaction of all claims of Diamond
9:00 AM
Enterprises and its principal, Dr. Houman. Further, Diamond Enterprises was required to dismiss its section 523 adversary proceeding against Debtor and consent to the discharge of any obligations owed to Diamond Enterprises "upon the entry of a discharge order on the docket for this Chapter 11 proceeding." Further, Dr. Houman was required to provide a statement to Debtor that he no longer believes the actions of Debtor forming the basis of Diamond Enterprises’s claim were improper.
Under Treatment B, Diamond Enterprises would be paid the full amount of its claim over time out of a certain sliding scale percentage of Debtor’s earnings over certain benchmarks and, additionally, would be paid $117 per month for months 1 through 12 and $44.00 per month for months 13 through 60, which represents the remainder of Debtor’s disposable income being committed to the Plan. Diamond Enterprises would also retain all its liens, there being no provision in Treatment B for stripping any portion of such liens.1 Under Treatment C, Diamond Enterprises was to be paid
$80,000.00 on the effective date in complete and total satisfaction of all of its claims and Dr. Houman’s claims. If Diamond Enterprises selected Treatment C, it was required to convey real property located at 503 Vista Bella, Oceanside, CA (the "Vista Bella Property") to Debtor subject to no more than $1,125,000.00 in total lien obligations. A statement by Dr. Houman similar to that under Treatment A was also required.
There is no direct provision for lien stripping under Treatment A or Treatment C, but the liens are effectively eliminated by the elimination of any remaining financial obligations to Diamond Enterprises: "Upon payment of the initial lump sum, and payment of the remaining Class 7 Reserve, if any, the Debtor will have no further obligations of any kind to Diamond." Plan at page 24 of 40, lines 16-17. There is a somewhat similar provision in the Plan with respect to Treatment C.
In short, the Plan gave Diamond Enterprises a choice among three different economic outcomes: accept some money up front ($22,000) and a right to participate in the Class 7 Reserve but surrender the right to pursue the section 523 proceeding against Debtor (Treatment A); receive no money up front but retain the possibility of being paid in full from Debtor’s post-effective date earnings and retain all its liens
9:00 AM
(Treatment B); or receive more money up front ($80,000) and retain all rights to continue pursuing the section 523 action but convey the Vista Bella Property to Debtor subject to no more than $1,125,000 in liens. As a practical matter, Diamond Enterprises was presented with the classic choice between (a) more certainty and more money up front and (b) less money up front, more risk, but also potentially more reward with the possibility of being paid the full amount of its claim and retaining its liens. The Court notes that no creditor other than Diamond Enterprises was given a choice of treatment under the Plan.
Importantly, the Plan provides that "[i]f no vote is cast for Class 7, or no election for treatment is made by Diamond [Enterprises], Class 7 Treatment A will be the default treatment for Class 7." Plan at page 23 of 40, lines 19-20. The Court will refer to this as the "Default Option." Hence, the Default Option is triggered by a failure to vote or a failure to select among Treatments A, B or C but not by a vote rejecting the Plan.
As events turned out, Diamond Enterprises voted against the Plan – it was the only creditor to do so – but did not place a mark in any of the three boxes in its ballot selecting either Treatment A, Treatment B or Treatment C. Thus, by not marking any box (and presumably having read the Plan and, more specifically, the Default Option) Diamond Enterprises, arguably exercised the Default Option and, as such, was placed under Treatment A.
The Objection contains the mistaken statement that "Class 7 of the [Plan], which includes Diamond’s Claim 7, provides for Treatment A on rejection of the Plan by Diamond. Because Diamond has rejected the [Plan], Treatment A is assumed throughout this objection." Objection at page 5 of 68, lines 7 – 9. Here, the conclusion is correct – Treatment A applies to Diamond Enterprises. The reasoning, however, is incorrect. Treatment A applies not because Diamond Enterprises voted against the Plan but instead because the Default Option applied when Diamond Enterprises failed to specifically select Treatment A, B or C by marking the
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appropriate box on the ballot.
Nevertheless, this statement in the Objection manifestly demonstrates that Diamond Enterprises was aware when it wrote the Objection that Treatment A would apply to it and in fact specifically states that the Objection is based upon the assumption that Treatment A would apply.
Despite this knowledge, no part of the Objection argues that the Default Option mechanism was improper, that the three options of Treatment A, B or C are Hobson’s Choices or, most important of all, that it had not been designated to receive Treatment A through the Default Option.
The Court subsequently held a plan confirmation hearing, overruled objections to plan confirmation made by Diamond Enterprises in the Objection and entered an order confirming the Plan. Part of the Court’s reasoning in determining that Diamond Enterprises’s objections to Plan confirmation were not meritorious was its determination, described in greater detail below, that Diamond Enterprises had consented to Treatment A through the mechanism of the Default Option. For example, the Court agreed with Debtor’s position as stated in Debtor’s Response to Diamond’s Objection to Confirmation of Debtor’s First Amended Chapter 11 Plan of Reorganization Filed September 1, 2017, Docket No. 158, filed October 25, 2017 ("Debtor’s Initial Opposition") that "Diamond should be estopped from asserting an objection under the absolute priority rule because the treatment [it] is receiving was of its own choosing." Debtor’s Initial Opposition at page 12, lines 25-27.
THE RECONSIDERATION MOTION
Diamond Enterprises filed a Motion For Reconsideration Re Confirmation of Debtor’s First Amended Plan of Reorganization, Docket No. 181, filed December 12, 2017 (the "Reconsideration Motion"). The Reconsideration Motion argues that (i) the
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Plan violates Bankruptcy Code sections 1129(a)(1) and 1141(d)(2) by discharging debt that is excepted from discharge under section 523, (ii) violates cramdown requirements by failing to permit Diamond Enterprises to retain its lien and failing to pay Diamond Enterprises the present value of its secured interest in certain property and (iii) violates the best interest of creditors test . The Reconsideration Motion is based upon Federal Rules of Civil Procedure 59 and 60, generally made applicable to this proceeding by Federal Rules of Bankruptcy Procedure 9023 and 9024.
The linchpin of these three arguments is Diamond Enterprises’s contention that it did not affirmatively consent to Treatment A by not checking any of the boxes on the ballot for Treatment A, Treatment B or Treatment C and thereby triggering the Default Option into Treatment A.2 A finding in Diamond Enterprises favor on this issue would seem to be a sine qua non for the success of any of the three arguments enumerated above. For example, if Diamond Enterprises consented to accept a treatment under the Plan (i.e., Treatment A), it cannot be heard to complain that the treatment it selected violates the absolute priority rule and makes the Plan non- confirmable. Volenti Non Fit Injuria (he who consents cannot receive an injury).
Diamond Enterprises agrees with this characterization: "As such, Diamond’s consent – or lack thereof—is the fundamental issue currently before the Court." Reply to Debtor’s Opposition to Motion for Reconsideration Re Confirmation of First Amended Plan of Reorganization, Docket No. 212, filed January 10, 2018 (the "Reply"), page 2 of 12, lines 15-16 (underscoring is in the original and is not added by the Court).
In its prayer for relief, Diamond Enterprises asks the Court to either deny confirmation of the Plan (the Court interprets this as a request to vacate the confirmation order already issued) or enter a confirmation order that "makes it clear the Court is not granting the Debtor a discharge of nondischargeable debt." Reconsideration Motion at page 8 of 24, lines 11-12.
A timely-filed motion for reconsideration is treated as a motion to alter or amend a
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judgment under Federal Rule of Civil Procedure 59(e), made applicable to this proceeding by Federal Rule of Bankruptcy Procedure 9023. The grounds for altering or amending a judgment are (1) manifest error of law, (2) manifest error of fact, and
(3) newly-discovered evidence. Hansen v. Moore (In re Hansen), 368 B.R. 868 (B.A.P. 9th Cir. 2007). Additional grounds for relief are that the motion is necessary to prevent manifest injustice or that there has been an intervening change in controlling law. Turner v. Burlington N. Santa Fe R.R. Co., 338 F.3d 1058, 1063 (9th Cir. 2003).
The heightened standards for relief under Federal Rule of Civil Procedure 60(b) are not applicable here because the Reconsideration Motion was served prior to the expiration 14 days after entry of the order confirming the Plan. If the Reconsideration Motion had been filed after such time period had expired, it would be decided under Rule 60(b). Lavespere v. Niagara Mach. & Tool Works, Inc., 910 F.2d 167, 173 (5th Cir. 1990), abrogated by Little v. Liquid Air Corp., 37 F.3d 1069 (5th Cir. 1994) (on unrelated issues). As it is, Rule 59(e) applies here and Rule 60(b) does not in view of the timing of the filing of the Reconsideration Motion.
The Reconsideration Motion essentially argues that the Court committed errors of law (or perhaps mixed issues of fact and law) and does not allege newly-discovered evidence, change in controlling law or manifest injustice (except perhaps to the extent of the alleged errors of law and mixed issues of law and fact). Thus, the arguments in the Reconsideration Motion fall within the acceptable parameters of a motion for reconsideration. It is timely filed and is properly before the Court.
Debtor filed an Opposition to Motion for Reconsideration Re Confirmation of Debtor’s First Amended Plan of Reorganization, Docket No. 207, filed January 3, 2018 (the "Debtor’s Opposition"). The Debtor’s Opposition argues that what the Court has referred to as the linchpin of Diamond Enterprises’ three arguments – the contention that Diamond Enterprises did not consent to Treatment A through the
9:00 AM
Default Option – has been waived because Diamond Enterprises failed to raise this argument in a timely fashion.
Federal Rule of Bankruptcy Procedure 3020(b)(1) provides in relevant part that "[a]n objection to confirmation of the plan shall be filed and served on the debtor . . . within a time fixed by the court. . ." The Court fixed such a time: the deadline for objecting to the Plan was fixed as October 13, 2017 in the Scheduling Order. As pointed out earlier, Diamond Enterprises made no objection to the Plan provisions creating the Default Option either in the Objection or in any other pleading filed on or before October 13, 2017. Under these circumstances, Diamond Enterprises’s right to object to its placement in Treatment A under the Default Option is waived. In re Seatco, Inc., 259 B.R. 279,284-85 (Bankr. N.D. Tex. 2001) (Houser, J.) ; In re Bludworth Bond Shipyard, Inc., 93 B.R. 520, 521 (Bankr. S.D. Tex. 1988) ("Failure on the part of a party in interest to file an objection to confirmation prior to the deadline fixed by the court results in waiver of the right to object.")
Diamond Enterprises argues in the Reply that it could not have reasonably briefed the Default Option issue because Debtor had not argued consent: "With respect to the consent issue that is of fundamental importance to this Motion, Diamond could not have reasonably briefed that issue in any detail in Diamond’s original written objection to confirmation of the Plan because it was only in the Debtor’s response to Diamond’s objection to confirmation that the Debtor argued consent for the first time." Reply at page 6 of 12, lines 2-5.
The Court agrees. There is a distinction here that neither of the parties has directly addressed but nevertheless lies at the very heart of the matter before the Court: the distinction between being placed into Treatment A by the Default Option and the separate matter of whether such placement into Treatment A can be properly characterized as a placement into Treatment A with Diamond Enterprises’s consent.3 Certainly, the Plan places Diamond Enterprises into Treatment A through the Default
9:00 AM
Option. But nothing within the four corners of the Plan states that such placement is with Diamond Enterprises’s actual or even deemed consent. Whether the placement of Diamond Enterprises in Treatment A is with or without its actual or deemed consent is a matter that the Plan leaves up in the air.
The word "consent" is defined in Webster’s Ninth New Collegiate Dictionary as "to give assent or approval." There is no evidence that Diamond Enterprises gave assent or approval to Treatment A.
It is true that there were two ways Diamond Enterprises could have gotten itself into Treatment A – either by checking the box for Treatment A or by checking no box at all and thereby triggering the Default Option. Diamond Enterprises checked no box and ended up in Treatment A, but no evidence has been introduced (and none probably exists) that Diamond Enterprises checked no box because it wanted to be in Treatment A. If there were some evidence presented to the Court that Diamond Enterprises wanted Treatment A and decided to achieve that result by not checking any box (hypothetically, an email from Dr. Houman to his staff assistant to effect that "we want to be in Treatment A in case the plan gets confirmed, so go ahead and either check that box or don’t check any box"), that might perhaps show consent, although even then Diamond Enterprises’s vote to reject the plan might raise a question as to whether there was real consent to Treatment A.
At its very base, consent is a state of consciousness where a party agrees in his or her own mind to a certain event or outcome and communicates that in some fashion, whether orally, in writing or in some other manner (e.g., a wink or nod). Here, there is simply no evidence that a state of mind desiring Treatment A on the company’s behalf ever existed among Diamond Enterprises’s principals or was ever communicated in any fashion to anyone.
The law recognizes a form of deemed consent in certain situations where the state of
9:00 AM
consciousness referred to above does not necessarily exist, but those situations usually involve either matters of trivial importance or else important matters where the type of actual consent described in the preceding paragraph cannot be obtained (consider a Good Samaritan bringing an unconscious homeless person into a hospital emergency room for treatment). The matter before the Court does not fall into either of these categories.
In view of the absence of consent, the cramdown and best interests of creditors tests are not satisfied for the reasons stated in the Reconsideration Motion, making the Plan non-confirmable. The Reconsideration Motion requests alternative forms of relief, the first being entry of an order vacating the Plan confirmation order and the second being leaving the Plan confirmation’s intact but modifying the confirmation order to make clear that nothing in that order or the Plan has any effect on Diamond’s nondischargeability action against Debtor (and relieving Dr. Houman of the need to make any affirmative statement).4 The Debtor may have views on which of the two forms of alternative relief makes the most sense, and the Court will ask for those views at the hearing.
Debtor(s):
Interestingly, in the second alternative prayer for relief Diamond Enterprises would seem to be consenting to Treatment A provided the confirmation order is revised in the manner Diamond Enterprises wants.
Michael Younessi Represented By Michael Jones Sara Tidd
9:00 AM
Adv#: 8:17-01090 Lam v. Phung
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Nondischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(4) (Complaint filed 6/2/17)
FR: 8-30-17
Docket 1
- NONE LISTED -
Debtor(s):
Sen Hieu Phung Represented By Jeffrey J Hagen
Defendant(s):
Sen Hieu Phung Pro Se
Plaintiff(s):
Elaine Lam Represented By
Jai H Kim
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Adv#: 8:17-01078 Neskovic v. Corbin et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Fraudulent Conveyance;
To Set Aside Fraudulent Conveyance;
Constructive Trust;
Declaratory Relief; And
Violation Of The Uniform Voidable Transactions Act Under California Civil Sections 3439.04(a) & 3439.05
(Notice of Removal filed 5/16/17) FR: 7-19-17; 7-26-17; 9-13-17
Docket 0
Continue this status conference to January 31, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones
Defendant(s):
Dean Corbin Pro Se
Joshua Corbin Pro Se
Big Blue Funding, LP Pro Se
Jaen Industries, LLC Pro Se
9:00 AM
Safe Harbor Industries, LLC Pro Se
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones
Plaintiff(s):
Daniel Neskovic Represented By Paul J Kurtzhall
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 5/11/17)
(Case Converted To Chapter 11 on 7/24/17) FR: 9-27-17; 10-18-17
Docket 0
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: May 9, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Josefina Cendejas Represented By Andrew S Bisom
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 5/11/17)
(Case Converted To Chapter 11 on 7/24/17) FR: 9-27-17; 10-18-17
Docket 0
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: May 9, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Gina Estrella Represented By
Andrew S Bisom
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 8/7/17)
FR: 10-18-17
Docket 0
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: April 4, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Se Y Oh Represented By
Stephen R Wade
9:00 AM
STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 case (Petition filed 11/6/17)
Docket 27
- NONE LISTED -
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin
9:00 AM
Adv#: 8:16-01187 Gordy v. Simon et al
CONT'D Hearing RE: Motion For Stay Pending Appeal (Motion filed 9/19/17)
FR: 10-18-17; 11-15-17
Docket 60
- NONE LISTED -
Debtor(s):
Casey John Simon Represented By Kelly Zinser
Defendant(s):
Casey John Simon Represented By Kelly Zinser
Korrine Ellen Simon Represented By Kelly Zinser
Joint Debtor(s):
Korrine Ellen Simon Represented By Kelly Zinser
Plaintiff(s):
Paul Thomas Gordy Represented By Gary Leibowitz
Jacqueline D Serrao
9:00 AM
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Adv#: 8:17-01161 Martinez v. CV Investment Partners et al
STATUS CONFERENCE RE: Debtor's Complaint For:
Declaratory Relief Pursuant To 11 U.S.C. Section 544(a)(3);
Judgment Declaring Abstract Void And Unperfected;
Expungement Of Lis Pendens;
Declaratory Relief That Judgment Is Void And/Or Equitable Relief From The Judgment
(Complaint filed 10/24/17)
Docket 1
- NONE LISTED -
Debtor(s):
Felix Martinez Represented By Joseph A Weber Fritz J Firman
Defendant(s):
CV Investment Partners Pro Se
Michael Cargile Pro Se
Plaintiff(s):
Felix Martinez Represented By Fritz J Firman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Motion To Approve Disclosure Statement On Plan Of Reorganization Submitted By Debtor, Dated November 14, 2017
Docket 105
The Court has determined that the pending adversary proceeding challenging the amount and validity of Mr. Bian’s claim needs to be determined before the plan process can proceed.
The Court disapproves the disclosure statement for reasons the Court will explain at the hearing and vacates the plan confirmation deadline.
COURT TO PREPARE ORDER.
Debtor(s):
Blue Light Capital Corp Represented By Alan M Lurya
9:00 AM
Adv#: 6:17-01216 Napoli v. Katona et al
Status Conference RE: Complaint by Royce Napoli against Paul Gregory Katona, Gail Marie Katona. (d),(e))),(72 (Injunctive relief - other))
Docket 1
The Court will issue a scheduling order:
All discovery shall close on August 31, 2018.
All discovery motions shall be heard before September 30, 2018.
All pretrial motions (except motions in limine) shall be heard before October 31, 2018.
Pretrial conference is set for November 8, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Paul Gregory Katona Represented By Douglas A Plazak
Defendant(s):
Paul Gregory Katona Represented By Douglas A Plazak
Gail Marie Katona Represented By Douglas A Plazak
9:00 AM
Joint Debtor(s):
Gail Marie Katona Represented By Douglas A Plazak
Plaintiff(s):
Royce Napoli Represented By Noah K McCall
Trustee(s):
John P Pringle (TR) Represented By Lynda T Bui Rika Kido Brianna L Frazier
9:00 AM
Adv#: 6:17-01221 United States Trustee for the Central District of v. Katona et al
STATUS CONFERENCE re: Complaint by United States Trustee for the Central District of California, Region 16 against Paul Gregory Katona, Gail Marie Katona. (Fee Not Required). with adversary cover sheet Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e)))
Docket 1
The Court will issue a scheduling order:
All discovery shall close on June 30, 2018.
All discovery motions shall be heard before July 31, 2018.
All pretrial motions (except motions in limine) shall be heard before August 31, 2018. Pretrial conference is set for September 6, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Paul Gregory Katona Represented By Douglas A Plazak
Defendant(s):
Paul Gregory Katona Represented By Douglas A Plazak
Gail Marie Katona Represented By Douglas A Plazak
9:00 AM
Joint Debtor(s):
Gail Marie Katona Represented By Douglas A Plazak
Plaintiff(s):
United States Trustee for the Central Represented By
Everett L Green
Trustee(s):
John P Pringle (TR) Represented By Lynda T Bui Rika Kido Brianna L Frazier
9:00 AM
Adv#: 6:16-01298 BioData Medical Laboratories, Inc. v. Pearl Beta Funding LLC et al
STATUS CONFERENCE re: Complaint by BioData Medical Laboratories, Inc. against Pearl Beta Funding LLC, Merchant Source, Inc.. (Charge To Estate). Nature of Suit: (91 (Declaratory judgment)),(12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(71 (Injunctive relief - reinstatement of stay))
(Cont. from 12/7/17)
Docket 1
- NONE LISTED -
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan Joseph N Darweesh
Defendant(s):
Pearl Beta Funding LLC Represented By Valerie Bantner Peo
Merchant Source, Inc. Represented By Valerie Bantner Peo
Plaintiff(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan
9:00 AM
Trustee(s):
Todd A. Frealy (TR) Represented By Eve H Karasik Jeffrey S Kwong Juliet Y Oh Carmela Pagay
9:00 AM
Adv#: 6:17-01010 BioData Medical Laboratories, Inc. v. Yellowstone Capital West, LLC et al
PRE-TRIAL CONFERENCE re: Complaint by BioData Medical Laboratories, Inc. against Yellowstone Capital West, LLC, Merchant Source, Inc.. Nature of Suit: (91 (Declaratory judgment)),(13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)),(72 (Injunctive relief - other))
(Cont from 12/7/17)
(Tele. appr. Johhny White, rep. Petitioner, Yellowstone Capital West LLC)
Docket 1
- NONE LISTED -
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan Joseph N Darweesh
Defendant(s):
Yellowstone Capital West, LLC Represented By Johnny White
Merchant Source, Inc. Pro Se
Plaintiff(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan
Trustee(s):
Todd A. Frealy (TR) Represented By
9:00 AM
Eve H Karasik Jeffrey S Kwong Juliet Y Oh Carmela Pagay
9:00 AM
Adv#: 6:16-01298 BioData Medical Laboratories, Inc. v. Pearl Beta Funding LLC et al
Hrg. on Defendant, Merchant Source Inc.'s Motion filed 6/14/17 to Dismiss Adversary
(Cont. from 11/30/17)
Docket 38
- NONE LISTED -
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan Joseph N Darweesh
Defendant(s):
Pearl Beta Funding LLC Represented By Valerie Bantner Peo
Merchant Source, Inc. Represented By Valerie Bantner Peo
Movant(s):
Merchant Source, Inc. Represented By Valerie Bantner Peo
Plaintiff(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan
Trustee(s):
Todd A. Frealy (TR) Represented By
9:00 AM
Eve H Karasik Jeffrey S Kwong Juliet Y Oh Carmela Pagay
9:00 AM
Adv#: 6:16-01298 BioData Medical Laboratories, Inc. v. Pearl Beta Funding LLC et al
Hrg. on Defendant, Pearl Beta Funding, LLC's Motion filed 6/14/17 to Dismiss Adversary Proceeding
(Cont. from 11/30/17)
Docket 35
- NONE LISTED -
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan Joseph N Darweesh
Defendant(s):
Pearl Beta Funding LLC Represented By Valerie Bantner Peo
Merchant Source, Inc. Represented By Valerie Bantner Peo
Movant(s):
Pearl Beta Funding LLC Represented By Valerie Bantner Peo
Plaintiff(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan
Trustee(s):
Todd A. Frealy (TR) Represented By
9:00 AM
Eve H Karasik Jeffrey S Kwong Juliet Y Oh Carmela Pagay
10:30 AM
Hearing RE: Emergency Motion For Clarification Of Order (Docket No. [14]) And Supplemental Order (Docket No. [705])
OST granted 1/18/18)
Docket 0
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
Adv#: 8:16-01008 Marin et al v. Edwards
TRIAL RE: First Amended Complaint To Determine Dischargeability Of Debt Pursuant To Bankruptcy Code Section 523(a)(2), 523(a)(4), 523(a)(6) And 523 (c)(1)
(Complaint filed 1/7/16) (First Amended Complaint filed 4/15/16) (PTC set at S/C held 5/11/16)
(PTC reset at hearing held 2/15/17) (S/C set at PTC held 4/19/17) (Trial set at S/C held 8/30/17)
Docket 18
Debtor(s):
Tracy Lee Edwards Represented By Dennis Connelly
Defendant(s):
Tracy Lee Edwards Represented By Dennis Connelly
Plaintiff(s):
Martin Marin Represented By
Robert J Younger
World Power Wrestling Represented By Robert J Younger
9:00 AM
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
CONT'D Evidentiary Hearing RE: Motion To Hold Creditor I.Q. Data International, Inc. In Contempt For Violation Of Discharge Injunction (Motion filed 4/7/17) (Set per Sua Sponte Order Entered 4/14/17) (Evidentiary Hearing set at hearing held 8/28/17)
FR: 6-19-17
Docket 35
- NONE LISTED -
Debtor(s):
Regina Marconi Represented By William Radcliffe Chris Dutkiewicz
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:16-01008 Marin et al v. Edwards
CONT'D TRIAL RE: First Amended Complaint To Determine Dischargeability Of Debt Pursuant To Bankruptcy Code Section 523(a)(2), 523(a)(4), 523(a)(6) And 523(c)(1)
(Complaint filed 1/7/16) (First Amended Complaint filed 4/15/16) (PTC set at S/C held 5/11/16)
(PTC reset at hearing held 2/15/17) (S/C set at PTC held 4/19/17) (Trial set at S/C held 8/30/17)
FR: 8-30-17; 1-22-18
Docket 18
Debtor(s):
Tracy Lee Edwards Represented By Dennis Connelly
Defendant(s):
Tracy Lee Edwards Represented By Dennis Connelly
Plaintiff(s):
Martin Marin Represented By
Robert J Younger
World Power Wrestling Represented By Robert J Younger
9:00 AM
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
CONT'D Evidentiary Hearing RE: Motion To Hold Creditor I.Q. Data International, Inc. In Contempt For Violation Of Discharge Injunction (Motion filed 4/7/17) (Set per Sua Sponte Order Entered 4/14/17) (Evidentiary Hearing set at hearing held 8/28/17)
FR: 6-19-17; 1-22-18
Docket 35
In view of the Notice of Settlement, the Court will continue this hearing to April 9, 2018 at 9:00 a.m. to permit filing of a settlement stipulation and the lodging of an order thereon.
COURT TO PREPARE ORDER.
Debtor(s):
Regina Marconi Represented By William Radcliffe Chris Dutkiewicz
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
New Penn Financial, LLC vs. DEBTOR (Motion filed 12/20/17)
[RE: 2475 N. Santiago Blvd, Orange, CA 92867-1854]
Docket 102
The motion is granted as to the estate pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
- Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
Deny as moot as to the debtor in view of the discharge on December 20, 2017. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Kathryn Loretta Costello Represented By Lauren Ross
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
First Financial Credit Union vs. DEBTORS (Motion filed 12/14/17)
[RE: 70 Morning Glory, Rancho Santa Margarita, CA 92688]
Docket 69
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Allan T. Fernando Represented By Mark A Pahor
Joint Debtor(s):
Clara M. Fernando Represented By Mark A Pahor
9:00 AM
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Capital One Auto Finance vs. DEBTORS (Motion filed 12/22/17)
[RE: 2008 Lexus Gx470-V8 Utility 4D 4WD] [VIN No.:JTJBT20X880153551]
[Tele. appr., Richard A. Marshack, repr., Richard A. Marshack, Trustee]
Docket 143
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Hooshang Noori-Alagha Represented By Thomas A Fasel
9:00 AM
Joint Debtor(s):
Nahid Noori-Alagha Represented By Thomas A Fasel
Trustee(s):
Richard A Marshack (TR) Represented By Robert P Goe Charity J Miller
9:00 AM
Motion for relief from stay [Real Property]
Ditech Financial LLC vs. DEBTOR (Motion filed 12/21/17)
[RE: 26731 Alicante Drive, Mission Viejo, CA 92691]
[Tele. appr., Alexander K. Lee, repr., Ditech Financial LLC]
Docket 36
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
- Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Michelle Salazar Spree Represented By Gary Leibowitz
Jacqueline D Serrao
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Wilmington Trust, National Association, As Successor Trustee To Citibank, N.A. As Trustee For Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates,
Series 2006-5 vs. DEBTOR (Motion filed 1/2/18)
[RE: 8577 Cape Cod Avenue, Fountain Valley, California 92708]
[Tele. appr., Alexander K. Lee, repr., Wilmington Trust, National Association]
Docket 16
- NONE LISTED -
Debtor(s):
Chong Camp Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Co-Debtor]
Rowena Matute vs.CO-DEBTOR (Motion filed 12/15/17)
[Tele. appr., R. Gibson Pagter, Jr., repr., John Dzialo]
Docket 13
Debtor(s):
John Thomas Dzialo Represented By
R Gibson Pagter Jr.
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
Harbor Cliff, LP vs. DEBTOR (Motion filed 12/27/17)
[RE: 2170 S. Harbor Blvd., #107, Anaheim, CA 92802]
Docket 14
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2). This motion has been filed to proceed with an unlawful detainer action. This action must go forward because the debtor's right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Susana Ramirez Ceja Represented By Randy Alexander
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Amended motion for relief from stay [Action In Non-Bankruptcy Forum]
Fabric Selection, Inc. vs. DEBTOR (Motion filed 1/4/18)
[Case Name: Fabric Selection, Inc. v. NNW Import, Inc., et al.] [Docket No.: 2:16-cv-08558-CAS-MRW]
[Pending In: United States District Court, Central District, Western Division]
[Tele. appr., David J. Reed, repr., Fabric Selection, Inc.]
Docket 200
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed in the non-bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. Movant shall not enforce its final judgment against the debtor or property of the estate, except by filing a proof of claim in this bankruptcy case pursuant to 11 U.S.C.
§ 501 and/or a complaint to determine the nondischargeability of the debt.
Cause exists for relief under 11 U.S.C. § 362(d)(1) because the claims at issue arise under non-bankruptcy law and can be most expeditiously resolved in the non- bankruptcy forum.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate (Motion filed 1/5/18)
[RE: 28841 Yosemite Place, Canyon Lake, CA 92587]
Docket 6
Grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Fred Asafu-Adjaye Represented By Kevin Tang
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Kevin Tang
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Seterus, Inc. As The Authorized Subservicer For Federal National Mortgage Association ("Fannie Mae"), Creditor c/o Seterus, Inc., Its Successors And/Or Assigns vs. DEBTORS
(Motion filed 9/26/17)
[RE: 2375 W. Mystic Lane, Anaheim, CA 92804]
FR: 11-6-17; 1-8-18
Docket 48
- NONE LISTED -
Debtor(s):
Todd Murdock Campbell Represented By Gary Leibowitz
Joint Debtor(s):
Karin Lynn Campbell Represented By Gary Leibowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
CTF Asset Management, LLC, Its Successors And/Or Assignees vs. DEBTOR (Motion filed 1/15/18) (OST Entered 1/16/18)
[RE: 1729 Brentwood Avenue, Upland, CA 91784]
[Tele. appr., Reilly D. Wilkinson, repr., CTF Asset Management, LLC]
Docket 17
The motion is granted pursuant to 11 U.S.C. § 362(d)(4). The Court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and/or the filing of multiple bankruptcy cases relating to the subject property. 11 U.S.C. § 362(d)(4).
The 14-day stay provided by Rule 4001(a)(3) is waived. Grant annulment.
Also, grant the following relief:
- Box 8. Relief from the stay is granted under 11 U.S.C. § 362(d)(4): If recorded in compliance with applicable state laws governing notices of interests or liens in real property, the order is binding in any other case under this title purporting to affect the Property filed not later than 2 years after the date of the entry of the order by the court, except that a debtor in a subsequent case under this title may move for relief from the order based upon changed circumstances or for good cause shown, after notice and hearing.
9:00 AM
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ana Elsa Choy Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Motion To Dismiss For Lack Of Proper Service (Motion filed 12/27/17)
[Tele. appr., Susan Tomlinson, repr., Jeffrey Golden, Trustee]
[Tele. appr., Sean P. Tucker, repr., Sean P. Tucker, In Propria Persona]
Docket 694
- NONE LISTED -
Debtor(s):
Jeffrey Sumner Childs Pro Se
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow
Jeffrey I Golden (TR) Michael T Delaney
2:00 PM
Hearing RE: Final Application For Approval Of Compensation And Expense Reimbursement For The Period August 13, 2016 To December 19, 2017 (Application filed 12/22/17)
[RE: Baker & Hostetler LLP - Attorney For Jeffrey I. Golden, Chapter 7 Trustee]
[Fees: $714,848.90; Expenses: $20,970.56]
[Tele. appr., Susan Tomlinson, repr., Jeffrey Golden, Trustee]
[Tele. appr., Sean P. Tucker, repr., Sean P. Tucker, In Propria Persona]
Docket 687
Debtor(s):
Jeffrey Sumner Childs Pro Se
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow
Jeffrey I Golden (TR) Michael T Delaney
2:00 PM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 12/8/17)
[RE: JEFFREY I. GOLDEN - Chapter 7 Trustee] [Fees: $55,755.00; Expenses: $4,600.21]
[RE: MIRMAN, BUBMAN & NAHMIAS, LLP - Attorney For Chapter 7 Trustee]
[Fees: $28,016.00; Fees: $1,202.07]
[RE: CROWE HORWATH LLP - Accountant For Chapter 7 Trustee] [Fees: $27,117.05; Fees: $18,05]
[RE: BAKER & HOSTETLER, LLP - Attorney For Chapter 7 Trustee] [Fees: $938,412.91; Expenses: $20,659.36]
[RE: HAHN FIFE & COMPANY LLP - Accountant For Chapter 7 Trustee] [Fees: $1,701.00; Expenses: $258.60]
[RE: INDEPENDENT MANAGEMENT SERVICES - Field Agent for Chapter 7 Trustee]
[Fees: $7,181.25; Expenses: $4,473.37]
[Tele. appr., Susan Tomlinson, repr., Jeffrey Golden, Trustee]
[Tele. appr., Sean P. Tucker, repr., Sean P. Tucker, In Propria Persona]
Docket 682
- NONE LISTED -
2:00 PM
Debtor(s):
Jeffrey Sumner Childs Pro Se
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow
Jeffrey I Golden (TR) Michael T Delaney
2:00 PM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 12/14/17)
[RE: JEFFREY I. GOLDEN - Chapter 7 Trustee] [Fees: $3,351.80; Expenses: $84.02]
[RE: LOBEL WEILAND GOLDEN FRIEDMAN, LLP - Attorney For Chapter 7
Trustee]
[Fees: $10,995.00; Expenses: $83.70]
[RE: HAHN FIFE & COMPANY, LLP - Accounant For Chapter 7 Trustee] [Fees: $1,000.00; Expenses: $0.00]
[Tele. appr., Jeffrey I. Golden, repr., Jeffrey I. Golden, Trustee]
Docket 45
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
2:00 PM
The compensation is approved as to the Trustee, with fees in the amount of
$3,351.80 and expenses in the amount of $84.02.
The compensation is approved as to Lobel Weiland Golden Friedman LLP, with fees in the amount of $10,995.00 and expenses in the amount of $83.70.
The compensation is approved as to Hahn Fife & Company LLP, with fees in the amount of $1,000.00 and expenses in the amount of $260.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Gail Cindy McClendon Represented By James D Zhou
Trustee(s):
Jeffrey I Golden (TR) Represented By Reem J Bello
2:00 PM
CONT'D Hearing RE: Order To Appear For Examination RE: Enforcement Of Judgment RE: Jeanne Marie Behling
(Set per Order Entered 11/17/17) FR: 1-8-18
Docket 0
The examination will proceed.
Debtor(s):
Stuart A Smith Represented By Melissa Davis Lowe Mark Bradshaw Ryan D ODea
Dennis E McGoldrick
Joint Debtor(s):
Renee M Smith Represented By Melissa Davis Lowe Mark Bradshaw Ryan D ODea
Dennis E McGoldrick
2:00 PM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 12/20/17)
[RE: WENETA M.A. KOSMALA - Chapter 7 Trustee] [Fees: $27,546.07; Expenses: $450.47]
[RE: LAW OFFICES OF WENETA M.A. KOSMALA - Attorney For Chapter 7
Trustee]
[Fees: $19,950.00; Expenses: $276.31]
[RE: HAHN FIFE & COMPANY - Accountant For Chapter 7 Trustee] [Fees: $1,000.00; Expenses: $0.00]
Docket 83
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$27,546.07 and expenses in the amount of $450.47.
2:00 PM
The compensation is approved as to Law Offices of Weneta M.A., with fees in the amount of $19,950.00 and expenses in the amount of $276.31.
The compensation is approved as to Hahn Fife & Company LLP with fees in the amount of $1,000.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Catherine Bernice Hornik Represented By Julie J Villalobos
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
2:00 PM
Hearing RE: First Interim Application For Allowance Of Professional Fees and Costs, For The Period of May 2, 2017 To December 30, 2017
(Application filed 12/30/17)
[RE: M. Jones & Associates, PC - Attorney For Debtors] [Fees: $53842.50; Expenses: $1955.00.]
Docket 167
Grant and allow on an interim basis:
Attorney’s fees: $53,842.50 Attorney’s expenses: $1,955.00
The Court will authorize payment in an amount that leaves the estate with a reasonable cash reserve, considering current balance of $43,771.87.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones Sara Tidd
2:00 PM
Hearing RE: Motion For An Order: (1) Approving The Sale Of Assets Of The Estate (2) Finding Purchaser Is A Good Faith Purchaser (3) Authorizing Payment To Brokers: And (4) Waiving The 14 Day Stays Of FRBP 6004(H) And 6004(D)
(Motion filed 12/23/17)
[Tele. appr., Greg P. Campbell, repr., MUFG Union Bank]
Docket 55
Deny the motion without prejudice for failure to serve Joann Oh and Leann Oh.
Debtor(s):
Se Y Oh Represented By
Stephen R Wade
2:00 PM
Hearing RE: Motion By U.S. Trustee To Dismiss Or Convert Case Pursuant To 11 U.S.C. 1112(b); And Request For Judgment For Quarterly Fees Due And Payable To The United States Trustee At The Time Of The Hearing;
(Motion filed 12/19/17)
[Tele. appr., Greg P. Campbell, repr., MUFG Union Bank]
Docket 43
The Court will continue the hearing to March 5, 2018 at 2:00 p.m.
Debtor to file a declaration reporting on the closing of escrow and proving up payments to secured and unsecured creditors from the sale proceeds on or before February 20, 2018.
The UST may file a supplemental pleading addressing these matters and his then- current position on the motion to dismiss or convert on or before February 27, 2018.
COURT TO PREPARE ORDER.
Debtor(s):
Se Y Oh Represented By
Stephen R Wade
2:00 PM
Hearing RE: Motion For An Order Rescinding Assumption Of Unexpired Vehicle Lease Of A 2016 Tesla Mode S (VIN 5YJSA1EXGF129047)
(Motion filed 12/22/17)
Docket 16
- NONE LISTED -
Debtor(s):
Lisbeth Burbage Represented By Mark D Klein
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
Hearing RE: Application For Payment Of Final Fees And/Or Expenses For The Period From October 15, 2017 To November 20, 2017
(Application filed 12/22/17)
[RE: TOTARO & SHANAHAN - Attorney For Debtor [Fees: $18,350.00; Expenses: $0.00]
Docket 62
Grant and allow on an interim basis:
Attorney’s fees: $18,350.00 Attorney’s expenses: - 0 -
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mohdsameer Aljanedi Dental Represented By Andy C Warshaw
2:00 PM
Hearing RE: Motion For Order Determining Value Of Collateral [11 U.S.C. Section 506(a), FRBP 3012]
(Motion filed 1/8/18)
Docket 10
Grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Fred Asafu-Adjaye Represented By Kevin Tang
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Kevin Tang
9:00 AM
Mark D Estle - movant attorney Motion for relief from stay
Medallion Bank vs Debtors (Motion filed 12/28/17)
RE: 2016 Stealth 2817G; VIN: 4X4TSFD26GC015613
Docket 17
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Harry Dapena Jr. Represented By Paul Y Lee
Joint Debtor(s):
Marisol T Macias Represented By Paul Y Lee
9:00 AM
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
Santander Consumer USA Inc vs Debtor (Motion filed 12/26/17)
RE: 2015 DODGE RAM 1500, VIN 1C6RR6FG3FS742837
Docket 8
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Pilar Daniella Enriquez-Guerrero Represented By
Michael H Colmenares
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Hrg on Trustee's Final Report and Applications for Compensation
Docket 65
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$8,314.91.
The compensation is approved as to Reid & Hellyer, with fees in the amount of $5,850.00 and expenses in the amount of $177.76.
The compensation is approved as to Grobstein Teeple LLP, with fees in the amount of $2,674.50.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Antonio Howard Farnsley Represented By Daniel King
2:00 PM
Trustee(s):
Howard B Grobstein (TR) Represented By Scott Talkov
2:00 PM
Hrg. on trustee's final report; applications for compensation
Docket 0
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$48,095.08 and expenses in the amount of $37.71.
The compensation is approved as to Hydee J. Riggs, with fees in the amount of
$15,488.00 and expenses in the amount of $344.59.
The compensation is approved as to Karl T. Anderson CPA Inc., with fees in the amount of $3,537.50 and expenses in the amount of $335.75.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Norman Maynard Wall III Represented By Christopher J Langley
2:00 PM
Trustee(s):
Karl T Anderson (TR) Represented By Hydee J Riggs
2:00 PM
Hrg on Trustee's Motion for Order: (1) Authorizing the Short Sale of Real Property of the Estate Free and Clear of Liens Pursuant to Bankruptcy Code § 363(b); (2) Approving Payment of Real Estate Commission; and (3) Granting Related Relief Including Turnover of Real Property of the Estate
Docket 36
Grant the Motion. Movant may short sale the Property on the terms described in the Motion. The short sale is subject to the approval of Select Portfolio Services.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Monica B. Rios Represented By
W. Derek May
Trustee(s):
Charles W Daff (TR) Represented By Lynda T Bui Rika Kido
2:00 PM
Hrg on Debtor and Debtor-in-Possession's Application to Employ Bosley Till LLP as Reorganization Counsel
Docket 32
Grant in part. The Court will approve the application but will not permit draw downs of the retainer until the issue of HLI’s security interest in the retainer is heard and determined. It is unclear to the Court at this time whether the ORAP lien that allegedly attached to Debtor’s personal property on May 21, 2015 attached to property whose title was held by a revocable trust. CCP § 708.110(d) refers only to personal property of the judgment debtor, not personal property held in trust for the debtor.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Adv#: 8:15-01024 Golden v. Maurice Car'rie Winery
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For:
Declaratory Relief That The Assets Are Property Of The Estate;
Turnover Of The Assets Pursuant To 11 U.S.C. Section 542(a);
Injunctive Relief Related To The Assets;
Equitable Subordination Of Maurice Car'rie Winery's Claim;
Conversion;
Larceny; And
Attorneys' Fees And Costs (Complaint filed 1/21/15)
(PTC set at S/C held 4/15/15)
FR: 4-15-15; 10-21-15; 12-14-15; 5-11-16; 8-17-16; 11-16-16; 2-15-17; 5-31-17,
8-30-17; 10-25-17; 11-15-17; 12-6-17
Docket 1
- NONE LISTED -
Debtor(s):
Three by Three, Inc. Represented By Christopher P Walker
Defendant(s):
Maurice Car'rie Winery Represented By Rebekah L. Parker
Plaintiff(s):
Jeffrey Golden Represented By
9:00 AM
Trustee(s):
Beth Gaschen
Jeffrey I Golden (TR) Represented By Beth Gaschen
Christopher J Green
9:00 AM
Adv#: 8:17-01016 LMG National Publishing, Inc. v. Victor Valley Publishing Company et al
CONT'D Hearing RE: Motion Of Victor Valley Publishing Company, Victorville Publishing Company, Daily Press, LLC, Freedom Communications, Inc., Freedom SPV I, LLC and Freedom SPV V, LLC For Summary Judgment Against LMG National Publishing, Inc.; And Request For Prevailing Party Attorney's Fees And Costs
(Motion filed 4/13/17)
FR: 6-21-17; 6-28-17; 8-28-17; 10-25-17
Docket 12
The Court will inquire into whether the payments required by the settlement agreement have been made and whether the parties are now moving toward dismissal of this adversary proceeding as per the terms of the settlement agreement.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Victor Valley Publishing Company Represented By
Alan J Friedman
9:00 AM
Beth Gaschen
Victorville Publishing Company Represented By
Alan J Friedman Beth Gaschen
Daily Press, LLC Represented By Alan J Friedman Beth Gaschen
Freedom Communications, Inc. Represented By Alan J Friedman Beth Gaschen
Freedom SPV I, LLC Represented By Alan J Friedman Beth Gaschen
Freedom SPV V, LLC Represented By Alan J Friedman Beth Gaschen
Plaintiff(s):
LMG National Publishing, Inc. Represented By Ashley M McDow Michael T Delaney
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 case (Petition filed 3/22/16)
FR: 6-1-16; 8-24-16; 10-12-16; 1-25-17; 2-8-17; 5-31-17; 10-18-17
Docket 1
The Court will inquire into (1) compliance with United States Trustee guidelines and requirements and (2) future directions for the case now that the SBE claim dispute has been resolved.
Next status conference: May 2, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
9:00 AM
Adv#: 8:17-01077 Giang v. Hutchens et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Automatic Stay Violations Related To 15732 Clarendon Street, Westminister CA 92683
[11 U.S.C. Section 362, 42 U.S.C. Sections 1983, 1988], Class Action [F.R.B.P.
9023]
(Complaint filed 5/16/17)
FR: 8-2-17; 8-30-17; 10-18-17
Docket 1
The Court will dismiss this case pursuant to FRCP 4(m) without prejudice. FRBP 7004(a)(1).
COURT TO PREPARE ORDER.
Debtor(s):
Lam Huu Giang Pro Se
Defendant(s):
Sandra Hutchens Pro Se
Orange Sheriff's Department Pro Se
Plaintiff(s):
Lam Huu Giang Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 8:17-01218 California Franchise Tax Board v. Buttram et al
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(1)(B)(i) (Complaint filed 11/7/17)
Docket 1
- NONE LISTED -
Debtor(s):
Marlon B. Buttram Represented By Steven B Lever
Defendant(s):
Marlon Buttram Pro Se
Ronnell Buttram Pro Se
Joint Debtor(s):
Ronnell L. Buttram Represented By Steven B Lever
Plaintiff(s):
California Franchise Tax Board Represented By Suman Mathews
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Adv#: 8:17-01078 Neskovic v. Corbin et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Fraudulent Conveyance;
To Set Aside Fraudulent Conveyance;
Constructive Trust;
Declaratory Relief; And
Violation Of The Uniform Voidable Transactions Act Under California Civil Sections 3439.04(a) & 3439.05
(Notice of Removal filed 5/16/17)
FR: 7-19-17; 7-26-17; 9-13-17; 1-17-18
Docket 0
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones
Defendant(s):
Dean Corbin Pro Se
Joshua Corbin Pro Se
Big Blue Funding, LP Pro Se
Jaen Industries, LLC Pro Se
Safe Harbor Industries, LLC Pro Se
Joint Debtor(s):
Lianne Corbin Represented By
9:00 AM
Michael Jones
Plaintiff(s):
Daniel Neskovic Represented By Paul J Kurtzhall
9:00 AM
Motion for relief from stay [Personal Property]
Wells Fargo Bank, N.A., dba Wells Fargo Auto Finance vs. DEBTOR (Motion filed 1/10/18)
[RE: 2015 Mini Cooper - VIN No.: WMWXP7C58F2A34470]
Docket 62
Debtor(s):
Michael J Ervin Represented By Mark D Klein
Trustee(s):
Karen S Naylor (TR) Represented By Burd & Naylor
9:00 AM
Motion for relief from stay [Personal Property]
Consumer Portfolio Services vs. DEBTOR (Motion filed 1/8/18)
[RE: 2013 Volkswagen Jetta - VIN No.: 3VWDP7AJXDM294553]
Docket 44
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Patricia Garcia Bennett Represented By James B Smith
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
Hearing RE: Omnibus Motion For Order Disallowing Or Reducing Claims Which Have Been Paid In Full Or Part Pursuant to 11 U.S.C. Section 502
(Motion filed 12/29/17)
Scheduled Claim- A to Z Printing | $324.00 |
Scheduled Claim- Accurate Courier Services | $12,378.00 |
Scheduled Claim- American Express | $15,891.81 |
Scheduled Claim- By Referrals Labels | $602.00 |
Scheduled Claim- Corodata | $144.96 |
Claimant Claim 12-1 Evoqua Water Technology | $1,667.37 |
Scheduled Claim- Farmers Insurance | $278.00 |
Scheduled Claim, Haberbush & Assoc. | $320.00 |
Scheduled Claim- Hologic, Inc. | $31,382.81 |
Scheduled Claim- Lexus Financial Services | $1,600.00 |
Scheduled Claim- NDS Copier & Printer Services | $494.96 |
Scheduled Claim- Nodstrom | $800.00 |
Scheduled Claim- PMA Services, Inc. | $1,210.05 |
Scheduled Claim- Schonwit Consulting Group CPAs | $1,050.00 |
Scheduled Claim- Thermal Combustion | $739.36 |
2:00 PM
Innovators, Inc
Scheduled Claim- Wells Fargo $6,594.23
Docket 517
The Court wishes to confirm with movant that when movant refers to a claim being paid, this is a reference to a claim being paid prepetition (as opposed to a payment of an allowed claim through the Joint Plan of Reorganization).
Debtor(s):
Advanced Biomedical, Inc. Represented By Asa W Markel Dixon Gardner
Robert S Marticello Philip E Strok
9:00 AM
Sheppard, Mullin, Richter & Hampton LLP - movant attorney Motion for relief from stay
San Diego County Credit vs Debtors (Motion filed 1/12/18)
RE: 2015 Honda Civic
(Tele. appr. Lisa S Yun, rep. creditor, San Diego County Credit Union)
Docket 14
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Deny request for extraordinary relief.
The order is binding and effective despite conversion of this bankruptcy case to a case under any other chapter of Title 11 of the U.S. Code.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Fredy Camacho Represented By Luis Aguilar
Joint Debtor(s):
Maria G. Sandoval Represented By Luis Aguilar
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Law Offices of Vincent V. Frounjian - movant attorney Motion for relief from stay
Honda Lease Trust vs Debtor (Motion filed 1/10/18)
RE: 2017 HONDA CIVIC, VIN: 2HGF C2F7 1HH5 14854
Docket 7
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Wendell J Davis Jr Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg on Debtor's Motion to Avoid Lien Judicial Lien with Hall Land Company
Docket 35
Deny with prejudice.
The Court has already ruled on this motion – it was decided by Order on Motion to Avoid Lien Under 11 U.S.C. § 522(f). This is res judicata and/or law of the case. Additionally, the motion fails to disclose, in violation of LBR 9013-1(l), that a previous motion on this very same manner was previously heard and determined by the Court.
RESPONDENT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jay R Ohrberg Represented By Jonathan P Beck
Trustee(s):
Helen R. Frazer (TR) Pro Se
2:00 PM
Hrg on Debtor's Motion RE: Objection to Claim Number 4 by Claimant Yun Hei Shin & RPL, Inc
(Tele. appr. Kathleen March, rep. creditor, Angie Shin)
Docket 170
This is a partial tentative ruling.
On grounds of claim duplication, the Court will overrule the objection as to Claim No. 4 and sustain the objection as to Claim No. 5.
The 3/17/16 Superior Court order would appear to award attorneys’ fees against Desert Springs Financial, LLC ("DSF") standing alone of $290,010 (relating to the Bowling Alley Purchase and Sale Agreement), attorneys’ fees against Murray Altman standing alone of $244,875.55 (relating to the Amended and Restated Operating Agreement) and attorneys’ fees against DSF and Murray Altman jointly of
$520,019.00 (relating to the Lease Agreement). The Court will inquire whether the parties are in agreement with the foregoing statement.
The RPL/Shin opposition to the claim objection appears to concede "in the spirit of fairness" (a concession the Court appreciates) that the attorneys’ fees of $520,019 owed jointly by Murray Altman and DSF were paid in full out of escrow (or, alternatively, that RPL/Shin are no longer going to be looking to Murray Altman to pay this amount, irrespective of the amount actually paid), such that the attorneys’ fees still owed by Murray Altman under the Superior Court’s 3/17/16 order are now
$244,875.55 plus accrued interest. The Court will inquire of RPL/Shin whether they believe this interpretation is correct. If they do, the Court will next inquire of Mr.
2:00 PM
Altman whether this resolution adequately addresses his concerns about being given proper credit for the attorneys’ fees plus accrued interest owed by him under the 3/17/16 Superior Court order. If all parties are in agreement on the treatment described above, the Court will ask the parties to attempt to agree upon a number by which Claim No. 4 should be reduced through a claim amendment. (The Court suspects the correct number is $520,019.00, but perhaps the Court is missing something here).
The Court will inquire whether any portion of The Bankruptcy Law Firm’s fees and costs incurred by and charged to RPL/Shin in the DSF bankruptcy case are included in Claim No. 4. (It is hard for the Court to see how all fees charged by The Bankruptcy Firm in the DSF case can be charged to Mr. Altman, considering that although Mr.
Altman was jointly liable with DSF on some claims, he was not jointly liable on all claims). As to Mr. Altman’s objection pertaining to the Mark Edelstein Firm, it would appear to the Court that all such fees are properly chargeable to Mr. Altman and can be included in the RPL/Shin proof of claim. The fees appear to have been incurred in matters relating only to Mr. Altman and not to DSF. The issue as to whether a portion of The Bankruptcy Law Firm’s fees in the Murray Altman case are subject to non-inclusion in the proof of claim on the ground that Ms. March did not prevail with respect to certain motions is not sufficiently developed in the pleadings and is not reached or decided.
The Court agrees that RPL/Shin are entitled to include in their claim 10 percent statutory interest that accrues under California law on the attorneys’ fees owed by Murray Altman, subject to the Court’s determination of the issue of allowance of postpetition interest (discussed below).
Whether the Shin/RPL claim is oversecured and thus can include postpetition interest or is undersecured and therefore could not be augmented by postpetition interest depends upon (1) the amount of such claim as determined by this Court through resolving the claim objections, and (2) the fair market value of estate assets subject to the Shin/RPL liens. This would seem to be a moving target that cannot be resolved
2:00 PM
until the Court first determines the claim amount.
The Court will take under submission the issue of whether Ms. Shin may include in her claim amount payable under the express terms of the Superior Court 12/23/15 judgment to DSF, not to Shin. Even if the Court were to rule in Ms. Shin’s favor on this issue, its order thereon would provide that such amount must be paid by Mr.
Altman to DSF, not to Ms. Shin, and that amount so paid would reduce Claim No. 4 dollar for dollar. To do otherwise would be to change or alter the 12/23/15 judgment which, as Ms. Shin points out, is barred by the Rooker-Feldman doctrine and the Full Faith and Credit Act. To be clear, the order would require Mr. Altman, in paying this claim, to pay the sum of $428,754.00 plus $452,642.20 plus $411,194.79 (plus interest on all these amounts) to DSF and not to Ms. Shin, but the amounts so paid would be applied in partial satisfaction of Claim No. 4. If these provisos are acceptable to Ms. Shin, the Court would likely rule as indicated and not take the matter under submission. The Court views the 12/23/15 Superior Court judgment as giving Ms. Shin the right to force Mr. Altman to pay the aforementioned sums to DSF but not the right to force him to pay those amounts to her personally.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Hrg on Debtor's Motion RE: Objection to Claim Number 5 by Claimant Yun Hei Shin & RPL, Inc
(Tele. appr. Kathleen March, rep. creditor, Angie Shin)
Docket 172
This is a partial tentative ruling.
On grounds of claim duplication, the Court will overrule the objection as to Claim No. 4 and sustain the objection as to Claim No. 5.
The 3/17/16 Superior Court order would appear to award attorneys’ fees against Desert Springs Financial, LLC ("DSF") standing alone of $290,010 (relating to the Bowling Alley Purchase and Sale Agreement), attorneys’ fees against Murray Altman standing alone of $244,875.55 (relating to the Amended and Restated Operating Agreement) and attorneys’ fees against DSF and Murray Altman jointly of
$520,019.00 (relating to the Lease Agreement). The Court will inquire whether the parties are in agreement with the foregoing statement.
The RPL/Shin opposition to the claim objection appears to concede "in the spirit of fairness" (a concession the Court appreciates) that the attorneys’ fees of $520,019 owed jointly by Murray Altman and DSF were paid in full out of escrow (or, alternatively, that RPL/Shin are no longer going to be looking to Murray Altman to pay this amount, irrespective of the amount actually paid), such that the attorneys’ fees still owed by Murray Altman under the Superior Court’s 3/17/16 order are now
$244,875.55 plus accrued interest. The Court will inquire of RPL/Shin whether they believe this interpretation is correct. If they do, the Court will next inquire of Mr.
2:00 PM
Altman whether this resolution adequately addresses his concerns about being given proper credit for the attorneys’ fees plus accrued interest owed by him under the 3/17/16 Superior Court order. If all parties are in agreement on the treatment described above, the Court will ask the parties to attempt to agree upon a number by which Claim No. 4 should be reduced through a claim amendment. (The Court suspects the correct number is $520,019.00, but perhaps the Court is missing something here).
The Court will inquire whether any portion of The Bankruptcy Law Firm’s fees and costs incurred by and charged to RPL/Shin in the DSF bankruptcy case are included in Claim No. 4. (It is hard for the Court to see how all fees charged by The Bankruptcy Firm in the DSF case can be charged to Mr. Altman, considering that although Mr.
Altman was jointly liable with DSF on some claims, he was not jointly liable on all claims). As to Mr. Altman’s objection pertaining to the Mark Edelstein Firm, it would appear to the Court that all such fees are properly chargeable to Mr. Altman and can be included in the RPL/Shin proof of claim. The fees appear to have been incurred in matters relating only to Mr. Altman and not to DSF. The issue as to whether a portion of The Bankruptcy Law Firm’s fees in the Murray Altman case are subject to non-inclusion in the proof of claim on the ground that Ms. March did not prevail with respect to certain motions is not sufficiently developed in the pleadings and is not reached or decided.
The Court agrees that RPL/Shin are entitled to include in their claim 10 percent statutory interest that accrues under California law on the attorneys’ fees owed by Murray Altman, subject to the Court’s determination of the issue of allowance of postpetition interest (discussed below).
Whether the Shin/RPL claim is oversecured and thus can include postpetition interest or is undersecured and therefore could not be augmented by postpetition interest depends upon (1) the amount of such claim as determined by this Court through resolving the claim objections, and (2) the fair market value of estate assets subject to the Shin/RPL liens. This would seem to be a moving target that cannot be resolved
2:00 PM
until the Court first determines the claim amount.
The Court will take under submission the issue of whether Ms. Shin may include in her claim amount payable under the express terms of the Superior Court 12/23/15 judgment to DSF, not to Shin. Even if the Court were to rule in Ms. Shin’s favor on this issue, its order thereon would provide that such amount must be paid by Mr.
Altman to DSF, not to Ms. Shin, and that amount so paid would reduce Claim No. 4 dollar for dollar. To do otherwise would be to change or alter the 12/23/15 judgment which, as Ms. Shin points out, is barred by the Rooker-Feldman doctrine and the Full Faith and Credit Act. To be clear, the order would require Mr. Altman, in paying this claim, to pay the sum of $428,754.00 plus $452,642.20 plus $411,194.79 (plus interest on all these amounts) to DSF and not to Ms. Shin, but the amounts so paid would be applied in partial satisfaction of Claim No. 4. If these provisos are acceptable to Ms. Shin, the Court would likely rule as indicated and not take the matter under submission. The Court views the 12/23/15 Superior Court judgment as giving Ms. Shin the right to force Mr. Altman to pay the aforementioned sums to DSF but not the right to force him to pay those amounts to her personally.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Hrg on Debtor's Motion For Authority To Use Cash Collateral
(Tele. appr. Barry S. Glaser, rep. creditor, San Bernardino Creditor and Tax Collector)
Docket 98
Grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
WHAA LLC Represented By
M Jonathan Hayes
9:00 AM
Adv#: 8:13-01390 Triple Nine Plus Fine Land and Mining Company, LLC v. Childs et al
STATUS CONFERENCE Hearing RE: Sean And Leslie Tucker's Cross- Complaint Against Cross-Defendants C.B. Nanda; Triple Nine Plus Fine Land And Mining Company, LLC; Triple Nine Kelly LLC; RMDG, LLC; COORG Corporation; DGRM, LLC; INDON, LLC; KIMAN, LLC; ELEMO, LLC; ALOGEN, LLC; YEVON, LLC; OXYMA, LLC; WATTZ, LLC; URATIN, LLC
(Another Summons issued 12/1/17)
Docket 107
- NONE LISTED -
Debtor(s):
Jeffrey Sumner Childs Pro Se
Defendant(s):
Jeffrey Sumner Childs Represented By Kurt E English
Plaintiff(s):
CB Nanda Represented By
George B Piggott
Triple Nine Plus Fine Land and Represented By
Michael D McCaffrey
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow
9:00 AM
Jeffrey I Golden (TR) Michael T Delaney
9:00 AM
Adv#: 8:15-01449 Olomi v. Tuhki
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(6) (Complaint filed 11/18/15)
(PTC set at S/C held 3/2/16)
(PTC RESET at hearing held 8/2/17)
FR: 3-2-16; 9-28-16; 10-25-17; 11-15-17
Docket 1
The Court grants defendant’s request for judicial notice made in his brief, Docket No. 123.
The Court agrees with defendant’s arguments in that brief that this Court possesses the requisite constitutional and statutory authority to render a final judgment as to both liability and damages for the reasons stated by defendant. Of these reasons, the ones most persuasive to the Court are that plaintiff filed a proof of claim and that plaintiff expressly consented in the Joint Status Report filed February 9, 2016 to this Court’s jurisdiction to enter final judgment and that the Pretrial Stipulation states that plaintiff intends to testify at trial as to alleged damages.
Trial is set for April 16, 2018 in Santa Ana. Trial will commence at 9:00 a.m. sharp, continue to noon, recess from noon to 1:30 p.m., reconvene at 1:30 p.m. sharp and go to 4:30 p.m. Plaintiff and defendant are allotted 3 hours of trial time apiece.
COURT TO PREPARE ORDER.
9:00 AM
Debtor(s):
Ahmad J Tukhi Represented By Julie J Villalobos
Defendant(s):
Ahmad J Tuhki Represented By
Phillip Michael Woog Nikolaus Reed
Plaintiff(s):
Abdul Habib Olomi Represented By Nikolaus Reed Phillip Michael Woog
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:17-01012 Official Committee of Unsecured Creditors of Freed v. Kushner et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
For Damages;
To Avoid Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a)(1)(B);
And
To Avoid Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04, 3439.05 And 3439.07; And
Jury Trial Demand (Complaint filed 1/26/17)
FR: 4-19-17; 6-21-17; 8-2-17; 12-13-17
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on September 30, 2018. All expert discovery shall close on November 30, 2018.
The Court will set a further status conference in this case for December 5, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
9:00 AM
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Aaron Kushner Pro Se
Eric Spitz Pro Se
Richard J. Covelli Pro Se
Traci M. Christian Pro Se
Larry P. Chinn Pro Se
C & C Marketing LLC Pro Se
C2 Advisors, LLC Pro Se
Etaros Actuarial Services LLC Pro Se
Financial Institution Consulting Pro Se
JTR, LLC Pro Se
Plaintiff(s):
Official Committee of Unsecured Represented By
Alan J Kornfeld
9:00 AM
Adv#: 8:17-01016 LMG National Publishing, Inc. v. Victor Valley Publishing Company et al
CONT'D PRE-TRIAL CONFERENCE RE: Complaint For:
Conversion;
Declaratory Judgment RE Ownership Of Property; And
Declaratory Judgment RE Resulting Trust (Complaint filed 1/31/17)
(PTC set at S/C held 4/19/17) FR: 4-19-17; 12-6-17
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Freedom SPV V, LLC Represented By Alan J Friedman Beth Gaschen
Freedom SPV I, LLC Represented By
9:00 AM
Alan J Friedman Beth Gaschen
Freedom Communications, Inc. Represented By Alan J Friedman Beth Gaschen
Daily Press, LLC Represented By Alan J Friedman Beth Gaschen
Victorville Publishing Company Represented By
Alan J Friedman Beth Gaschen
Victor Valley Publishing Company Represented By
Alan J Friedman Beth Gaschen
Plaintiff(s):
LMG National Publishing, Inc. Represented By Ashley M McDow Michael T Delaney
10:00 AM
Hearing RE: Reaffirmation Agreement Between Debtors and Ford Motor Credit Company LLC
(Motion filed 12/28/17)
[RE: 2014 Ford C-MAX - Amount: $12,692.24] [VIN No.: 1FADP5AU5EL515163]
Docket 13
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Brandon E Richardson Represented By Daniel King
Joint Debtor(s):
Michelle R Richardson Represented By Daniel King
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Hearing RE: Reaffirmation Agreement Between Debtors and Veros Credit (Motion filed 12/29/17)
[RE: 2005 Honda Pilot - Amount: $8,437.18] [VIN No.: 2HKYF187X5H554780]
Docket 14
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Brandon E Richardson Represented By Daniel King
Joint Debtor(s):
Michelle R Richardson Represented By Daniel King
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Hearing RE: Reaffirmation Agreement Between Debtor and Wells Fargo Bank N.A.
(Motion filed 12/26/17)
[RE: 2012 Volkswagen GTI-4CYL - Amount: $12,231.30] [VIN No.: WVWED7AJXCW023362]
Docket 13
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Nick V. Niko Represented By
Robert L Williams
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 10-4-17; 1-10-18
Docket 8
- NONE LISTED -
Debtor(s):
Jimmy Alcaraz Represented By Bert Briones
Joint Debtor(s):
Debra Josephine Alcaraz Represented By Bert Briones
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-13-17; 1-10-18
Docket 2
- NONE LISTED -
Debtor(s):
Brian Hopkins Sr. Represented By Erika Luna
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-13-17; 1-10-18
Docket 2
- NONE LISTED -
Debtor(s):
Kevin Todd Mount Represented By Marlin Branstetter
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 1-10-18
Docket 2
- NONE LISTED -
Debtor(s):
Jonathan Friestedt Represented By Julie J Villalobos
Joint Debtor(s):
Darlene Friestedt Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Yolanda C. Gregg Represented By Christine A Kingston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Joanne F. Hass Represented By Christine A Kingston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Shellaine Alonsagay-del Campo Represented By
Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 13
- NONE LISTED -
Debtor(s):
Daniel Molina Represented By Gary S Saunders
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Kelly A Dunn Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Ana Elsa Choy Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Complete The Plan Within Its Terms
[11 U.S.C. 1307(c)]
(Motion filed 10/12/17) (Opposition filed 11/3/17) FR: 12-13-17
Docket 40
The Court will inquire into the status of this matter.
Debtor(s):
Norman Oneal Pugh Represented By Barry E Borowitz
Joint Debtor(s):
Karen Lynette Pugh Represented By Barry E Borowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion Under Local Bankruptcy Rule 3015-1 (n) And (w) To Modify Plan Or Suspend Plan Payments
(Motion filed 12/18/17) (Set per Opposition filed 1/4/18)
Docket 32
Grant the motion. Increase plan payment to $3,599.55 for January 9, 2018 to December 9, 2020.
Federal and California income tax returns substantiate and corroborate chapter 13 trustee’s contentions.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Robert James Candy Represented By Todd L Turoci
Joint Debtor(s):
Saundra Lee Candy Represented By Todd L Turoci
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 12/11/17) (Set per Response filed 12/11/17) FR: 1-10-18
Docket 126
The Court will inquire into the status of this matter.
Debtor(s):
James Jinwoo Kim Represented By Amanda G Billyard Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion Under Local Bankruptcy Rule 3015-1 (n) And (w) To Modify Plan Or Suspend Plan Payments
Docket 130
Deny for reasons stated by the chapter 13 trustee.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
James Jinwoo Kim Represented By Amanda G Billyard Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 12/6/17) (Set Per Opposition filed 1/2/18)
Docket 55
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Martin Garcia Represented By Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 12/6/17) (Set per Amended Notice of Hearing and Opposition filed 1/6/18)
Docket 36
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Artemio Uriostegui Sagal Represented By Luis G Torres
Joint Debtor(s):
Elidia Garcia Sagal Represented By Luis G Torres
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 6:17-01240 U.S. Trustee v. Howard Law P.C. et al
Hrg. on Defendants' Motion filed 12/20/17 to Strike Portions of Complaint
Docket 7
- NONE LISTED -
Debtor(s):
Jess Padilla Represented By
Timothy Reed
Defendant(s):
Howard Law P.C. Represented By Heather A Tovar
Williamson & Howard LLP Represented By Heather A Tovar
Vincent D Howard Represented By Heather A Tovar
Timothy Allen Reed Represented By Heather A Tovar
Movant(s):
Howard Law P.C. Represented By Heather A Tovar
Williamson & Howard LLP Represented By Heather A Tovar
Vincent D Howard Represented By Heather A Tovar
9:00 AM
Timothy Allen Reed Represented By Heather A Tovar
Plaintiff(s):
U.S. Trustee Represented By
Mohammad Tehrani
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
Adv#: 6:17-01242 U.S. Trustee v. Howard Law P.C. et al
Hrg. on Defendants' Motion filed 12/20/17 to Strike Portions of the Complaint
Docket 7
- NONE LISTED -
Debtor(s):
Shirley Lynn Arrington Represented By Timothy Reed
Defendant(s):
Howard Law P.C. Represented By Heather A Tovar
Williamson & Howard LLP Represented By Heather A Tovar
Vincent D Howard Represented By Heather A Tovar
Timothy Allen Reed Represented By Heather A Tovar
Movant(s):
Howard Law P.C. Represented By Heather A Tovar
Williamson & Howard LLP Represented By Heather A Tovar
Vincent D Howard Represented By Heather A Tovar
9:00 AM
Timothy Allen Reed Represented By Heather A Tovar
Plaintiff(s):
U.S. Trustee Represented By
Mohammad Tehrani
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Adv#: 6:17-01226 Hann v. Sakaya et al
Status Conference re: Complaint by Gary S Hann against Francis P Sakaya , Collis & Griffor, PC , Griffor Legal, PC , Stuart M Collins, P.C. , Beverly Marie Griffor , Babalao Investors LLC , Jacqueline Mbwille , Archie C Brown , Laura Goderis; Stuart M. Collis (Fee Not Required). Nature of Suit: (14 (Recovery of money/property - other))
Docket 1
Continue to April 26, 2018 at 9:00 a.m. to await trustee’s report on whether the IRA will be administered by the trustee and the Court’s action on the report.
COURT TO PREPARE ORDER.
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
Francis P Sakaya Pro Se
Collis & Griffor, PC Pro Se
Griffor Legal, PC Pro Se
Stuart M Collins, P.C. Pro Se
Beverly Marie Griffor Pro Se
Babalao Investors LLC Pro Se
Jacqueline Mbwille Pro Se
9:00 AM
Archie C Brown Pro Se
Laura Goderis Pro Se
Stuart M. Collis Pro Se
STATE OF MICHIGAN Represented By Michael S Hill
Plaintiff(s):
Gary S Hann Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Hrg. on Chapter 11 Special Status Conference on the Plan and Disclosure Statement
(Cont. from 12/7/17)
Docket 0
Continue the status conference to March 8, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor Lisa Nelson
9:00 AM
Adv#: 6:17-01233 Cisneros v. Widly
Status Conference re Complaint by Arturo Cisneros against John R Widly Nature of Suit: (91 (Declaratory judgment)
Docket 1
The Court will issue a scheduling order:
All discovery shall close on May 31, 2018.
All discovery motions shall be heard before June 30, 2018.
All pretrial motions (except motions in limine) shall be heard before July 31, 2018. Pretrial conference is set for August 23, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Widly, Inc. Represented By
Richard R Hurley - SUSPENDED -
Defendant(s):
John R Widly Represented By
Lawrence La Rocca
Plaintiff(s):
Arturo Cisneros Represented By Melissa Davis Lowe
9:00 AM
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 12/7/17)
Docket 1
The Court will inquire into compliance with United States Trustee guidelines and requirements.
The Court will generally inquire into the status of the case. Next status conference: May 10, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Robert Kenneth Phelps Represented By Todd L Turoci
Joint Debtor(s):
Sharon Lee Phelps Represented By Todd L Turoci
9:00 AM
Hrg. on chapter 11 Status Conference (cont. from 10/26/17)
Docket 0
The Court will inquire into compliance with United States Trustee guidelines and requirements.
The Court will generally inquire into the status of the case. Next status conference: May 10, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Flem Earl McMillan Represented By Todd L Turoci Todd L Turoci
Joint Debtor(s):
Lydia Ventura McMillan Represented By Todd L Turoci Todd L Turoci
9:00 AM
Adv#: 6:17-01272 Fleming, Sr et al v. Doucette
Hrg on Plaintiffs Motion to Remand Removed Action
Docket 8
The Court will continue the hearing on this motion to April 26, 2018 at 9:00 a.m. to permit the chapter 11 plan process to proceed.
COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Katherine Doucette Represented By Randall S. Waier
Movant(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till James E Till James E Till
Havasu Lakeshore Investments Represented By
9:00 AM
Martin A Eliopulos
2:15 PM
Hrg. on Approval of Reaffirmation Agreement filed 12/19/17 between Debtor and Alaska USA Federal Credit Union in the amount of $14,383.31
EH
Docket 11
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Sofia Torres Represented By
Daniel King
Trustee(s):
Charles W Daff (TR) Pro Se
2:15 PM
Hrg on Approval of Reaffirmation Agreement Between Debtor and Harley- Davidson Credit Corp in the amount of $17,591.04
Docket 16
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Scott L Salmons Represented By Terrence Fantauzzi
Joint Debtor(s):
Dawn M Salmons Represented By Terrence Fantauzzi
Trustee(s):
Steven M Speier (TR) Pro Se
2:15 PM
Hrg. on approval of Reaffirmation Agreement filed 12/21/17 Between Debtor and Capital One Auto Finance, a division of Capital One, in the amount of
$13,272.74
Re: 2014 Kia Forte
Docket 13
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Glen Smith Represented By
Terrence Fantauzzi
Joint Debtor(s):
Monique Smith Represented By Terrence Fantauzzi
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Objection To The Exemption Of Maria Velarde (Motion filed 6/24/17)
(Motion refiled on 8/2/17)
FR: 7-31-17; 10-2-17; 12-4-17
Docket 41
- NONE LISTED -
Debtor(s):
Maria E. Velarde Represented By
Justin D Irish (Pro Bono)
Trustee(s):
Richard A Marshack (TR) Represented By Anerio V Altman
2:00 PM
CONT'D Hearing RE: Motion For Order Disallowing Claim: (Motion filed 8/9/17)
Claim No. 8 Renita Turner, dba Music Plus Entertainment $185,794.00 FR: 9-11-17; 11-20-17; 1-8-18
Docket 128
- NONE LISTED -
Debtor(s):
Eric Martinson Represented By Richard Lynn Barrett
2:00 PM
Hearing RE: Motion For Order Disallowing And/Or Reducing Claim: (Motion filed 1/3/18)
Creditor No. 3.5 CDA Architecture $81,698.00
Docket 112
- NONE LISTED -
Debtor(s):
Blue Light Capital Corp Represented By Alan M Lurya
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order Disallowing Claim: (Motion filed 1/9/18)
Claim No. 1-1 Forward Financing $30,705.00
Docket 56
- NONE LISTED -
Debtor(s):
Michael J Ervin Represented By Mark D Klein
Trustee(s):
Karen S Naylor (TR) Represented By Burd & Naylor
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order Disallowing Claim: (Motion filed 1/9/18)
Claim No. 2-1 Americredit Financial Services, Inc. $49,254.80
dba GM Finance
Docket 58
Debtor(s):
Michael J Ervin Represented By Mark D Klein
Trustee(s):
Karen S Naylor (TR) Represented By Burd & Naylor
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order Disallowing Claim: (Motion filed 1/9/18)
Claim No. 5-1 Waste Management Of Arizona $1,178.36
Docket 60
Grant the motion and disallow Claim No. 5-1 in its entirety.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael J Ervin Represented By Mark D Klein
Trustee(s):
Karen S Naylor (TR) Represented By Burd & Naylor
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order Disallowing Claim: (Motion filed 1/12/18)
Claim No. 7-1 Funding Metrics, LLC $36,183.13
Docket 67
Grant the motion and reclassify Claim No. 7-1 as a secured claim not entitled to any distribution from the estate.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael J Ervin Represented By Mark D Klein
Trustee(s):
Karen S Naylor (TR) Represented By Burd & Naylor
9:00 AM
Barry Lee O'Connor - movant attorney Motion for relief from stay
Kevin V Pham & Katherine Doug vs Debtor (Motion filed 1/18/18)
RE: 25372 Shamel Ash Dr, Moreno Valley, CA 92551
Docket 8
- NONE LISTED -
Debtor(s):
Armando Luna Represented By Nancy Korompis
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg on Trustee's Motion for Order Approving Sale of Estate Property Subject to Overbid Pursuant to 11 U.S.C. §363
Docket 116
Grant the motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ellen Lucile Salkin Represented By Matthew Horgan
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
2:00 PM
Hrg on Debtor's Objection to Creditor TriCore Reference Laboratories Claim No. 3
Docket 100
The Court will rule on Debtor’s evidentiary objections to the declaration of Mr. Talkov.
A proof of claim is presumptively valid unless an objecting party comes forward with evidence equal or greater in probative force to the allegations contained in the proof of claim. Here, the evidence set forth in Mr. Henry Wallach’s declaration in support of Debtor’s objection to the claim of Tricore Reference Laboratories ("Tricore") shows that Debtor never owned or operated a laboratory, never did business with Tricore and never had any agreements with Tricore for services. Tricore’s proof of claim alleges alter ego as to the Debtor and Biodata Medical Laboratories, Inc. ("Biodata") but provides no evidence in support of that contention (other than its mere assertion). The Court concludes that Debtor has met its burden of going forward with proof having probative force equal to or greater than the probative force of the evidence in Tricore’s proof of claim.
At this point the burden shifts to Tricore to prove up its claim by a preponderance of the evidence. For the reasons stated in Debtor’s reply, Tricore has failed to make a sufficient showing in this regard that Biodata and Debtor are alter egos.
Debtor’s objection is sustained. Tricore’s Proof of Claim No. 3 is disallowed in its entirety with prejudice.
2:00 PM
Debtor(s):
WHAA LLC Represented By
M Jonathan Hayes
2:00 PM
Hrg on Chapter 7 Trustee and U S Trustee's Motion for extension of time to file a complaint objecting to discharge
Docket 12
Grant the motion.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Diane C Baiocco Represented By Gene E O'Brien
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Status Of Chapter 11 Case; And (2) Requiring Report On Status Of Chapter 11 Case
(Petition filed 6/15/2014)
(Post-Confirmation S/C set per Order Entered 10-6-15 - Docket No. 739]
FR: 8-27-14; 11-19-14; 1-7-15; 1-14-15; 4-8-15; 6-24-15; 9-9-15; 12-16-15; 4-
13-16; 10-19-16; 4-19-17; 9-13-17
Docket 1
The Court will continue the status conference to June 13, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Mega RV Corp., a California Represented By Robert P Goe Joel S. Miliband Arjun Sivakumar Alex L Benedict
Courtney E Norton Gregory E Robinson
9:00 AM
Adv#: 8:17-01161 Martinez v. CV Investment Partners et al
CONT'D STATUS CONFERENCE RE: Debtor's Complaint For:
Declaratory Relief Pursuant To 11 U.S.C. Section 544(a)(3);
Judgment Declaring Abstract Void And Unperfected;
Expungement Of Lis Pendens;
Declaratory Relief That Judgment Is Void And/Or Equitable Relief From The Judgment
(Complaint filed 10/24/17) FR: 1-17-18
Docket 1
The Court will issue a scheduling order:
All discovery shall close on May 31, 2018.
All discovery motions shall be heard before June 30, 2018.
All pretrial motions (except motions in limine) shall be heard before July 31, 2018. Pretrial conference is set for September 5, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Felix Martinez Represented By Joseph A Weber Fritz J Firman
9:00 AM
Defendant(s):
CV Investment Partners Pro Se
Michael Cargile Pro Se
Plaintiff(s):
Felix Martinez Represented By Fritz J Firman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 8:15-01449 Olomi v. Tukhi
CONT'D STATUS CONFERENCE Hearing RE: Order To Show Cause RE: That Plaintiff Abdul Habib Olomi And His Attorney Nikolaus W. Reed Appear In Person In This Court And Show Why They Should Not Be Held In Contempt Of Court For Their Material Failure To Obey This Court's Scheduling Order, Filed And Entered March 7, 2016, Requiring Them To Comply With The Provisions Of The Scheduling Order And Local Bankruptcy Rule 7016-1(b) And (c) (Relating To Pretrial Conferences) With Respect To A Pre-Trial Conference In Olomi v.
Tukhi, Adversary No. 15-01449, Held On September 28, 2016 At 9:00 A.M. (Set per OSC Entered 7-7-17)
(Set per Order Entered 8-22-17) (S/C set at hearing held 9/13/17)
FR: 9-13-17
Docket 0
- NONE LISTED -
Debtor(s):
Ahmad J Tukhi Represented By Julie J Villalobos
Defendant(s):
Ahmad J Tukhi Represented By
Phillip Michael Woog Robert D Matranga
Plaintiff(s):
Abdul Habib Olomi Represented By Nikolaus Reed
9:00 AM
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:16-01115 Lee v. Song
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Determination Of Dischargeability And Objecting To Debtor's Discharge Pursuant To Sections 523 And 727 Of The Bankruptcy Code
(Complaint filed 4/27/16) (Another Summons Issued 6/21/16) (PTC RESET per Order Entered 8-3-17)
FR: 7-27-16; 9-14-16; 3-15-17; 10-18-17
Docket 1
- NONE LISTED -
Debtor(s):
Tai Xu Song Represented By
Jae Y Kang
Defendant(s):
Tai Xu Song Represented By
John J Oh
Plaintiff(s):
Ji Hyun Lee Represented By
David Marh
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/28/16)
FR: 2-8-17; 5-3-17; 7-26-17; 9-13-17; 12-5-17
Docket 1
The Court will inquire into (1) compliance with United States Trustee guidelines and requirements and (2) progress, if any, made by the parties with respect to the resolution of Mr. Bian’s disputed claim.
Next status conference: TBD COURT TO PREPARE ORDER.
Debtor(s):
Blue Light Capital Corp Represented By Alan M Lurya
9:00 AM
Adv#: 6:17-01240 U.S. Trustee v. Howard Law P.C. et al
Status Conference RE: Complaint by U.S. Trustee against Howard Law P.C., Williamson & Howard LLP, Vincent D Howard, Timothy Allen Reed. (Fee Not Required). Complaint For Disgorgement Of Fees, Civil Penalties, And/Or Injunctive And Other Relief Nature of Suit: (14 (Recovery of money/property - other)),(72 (Injunctive relief - other)),(91 (Declaratory judgment)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)
Docket 1
- NONE LISTED -
Debtor(s):
Jess Padilla Represented By
Timothy Reed
Defendant(s):
Howard Law P.C. Pro Se
Williamson & Howard LLP Pro Se
Vincent D Howard Pro Se
Timothy Allen Reed Pro Se
Plaintiff(s):
U.S. Trustee Represented By
Mohammad Tehrani
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
Adv#: 6:17-01242 U.S. Trustee v. Howard Law P.C. et al
Status Conference re: Complaint by U.S. Trustee against Howard Law P.C., Williamson & Howard LLP, Vincent D Howard, Timothy Allen Reed, For Disgorgement Of Fees, Civil Penalties, And/Or Injunctive And Other Relief Nature of Suit: (14 (Recovery of money/property - other)),(72 (Injunctive relief - other)),(91 (Declaratory judgment)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)
Docket 1
- NONE LISTED -
Debtor(s):
Shirley Lynn Arrington Represented By Timothy Reed
Defendant(s):
Howard Law P.C. Pro Se
Williamson & Howard LLP Pro Se
Vincent D Howard Pro Se
Timothy Allen Reed Pro Se
Plaintiff(s):
U.S. Trustee Represented By
Mohammad Tehrani
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Adv#: 6:17-01168 Hann v. Brickhaven Condominium Association and Its Board o
Hrg on Defendants' Motion filed 9/22/17 to Dismiss Plaintiff's Complaint (cont from 12/7/17)
Docket 15
Continue the hearing to April 26, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
Karl V Fink Represented By
Jennifer E Duty Eric R Deitz
The State of Michigan Represented By Michael S Hill
Bowen Equities LLC Pro Se
Mirror Equities LLC Pro Se
Thomas M Stulberg Represented By Ryan H Nell
Aaron Selix Represented By
Ryan H Nell
9:00 AM
Starr Butler Alexopoulous & Stoner Represented By
Julie Marquis
Dewie Smith Represented By
Ryan H Nell
Kay Rivest Butler Represented By Julie Marquis
Joshua R Fink Represented By Jennifer E Duty Eric R Deitz
Naomi E Fink Represented By
Jennifer E Duty Eric R Deitz
Old Town Realty Inc Represented By Ryan H Nell
Anne Marie Williams Represented By Ryan H Nell
Fink & Valvo PLLC Represented By Jennifer E Duty Eric R Deitz
Brickhaven Condominium Represented By Ryan H Nell
David W Schelberg Represented By Julie Marquis
Movant(s):
Kay Rivest Butler Represented By Julie Marquis
David W Schelberg Represented By Julie Marquis
Starr Butler Alexopoulous & Stoner Represented By
9:00 AM
Julie Marquis
Plaintiff(s):
Gary S Hann Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Adv#: 6:17-01168 Hann v. Brickhaven Condominium Association and Its Board o
Hrg. on Defendants' Karl Fink; Naomi Fink; Joshua Fink; and Fink & Fink, PLLC sued and served as Fink & Valvo, PPLC's Motion filed 10/23/17 to Dismiss Adversary Proceeding
(cont from 12/7/17)
Docket 53
Continue the hearing to April 26, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
Karl V Fink Represented By
Jennifer E Duty Eric R Deitz
The State of Michigan Represented By Michael S Hill
Bowen Equities LLC Pro Se
Mirror Equities LLC Pro Se
Thomas M Stulberg Represented By Ryan H Nell
9:00 AM
Dewie Smith Represented By
Ryan H Nell
Starr Butler Alexopoulous & Stoner Represented By
Julie Marquis
Aaron Selix Represented By
Ryan H Nell
Kay Rivest Butler Represented By Julie Marquis
Joshua R Fink Represented By Jennifer E Duty Eric R Deitz
Naomi E Fink Represented By
Jennifer E Duty Eric R Deitz
Old Town Realty Inc Represented By Ryan H Nell
Anne Marie Williams Represented By Ryan H Nell
Fink & Valvo PLLC Represented By Jennifer E Duty Eric R Deitz
Brickhaven Condominium Represented By Ryan H Nell
David W Schelberg Represented By Julie Marquis
Movant(s):
Karl V. Fink Represented By
Jennifer E Duty Eric R Deitz
Fink & Valvo PLLC Represented By
9:00 AM
Jennifer E Duty Eric R Deitz
Naomi E Fink Represented By
Jennifer E Duty Eric R Deitz
Joshua R Fink Represented By Jennifer E Duty Eric R Deitz
Plaintiff(s):
Gary S Hann Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Hrg. on Debtor's Motion filed 10/16/17 and Brief for Gary S. Hann to be intervenor of right with respect to overt, well documented violations of the automatic stay with significant damages to accrue to bankruptcy estate, and to amend schedules C and F pursuant to FRBP 1009
(Cont. from 2/7/17)
Docket 47
Continue the hearing to April 26, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Movant(s):
Gary S. Hann Represented By
Charles K Young Charles K Young
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Adv#: 6:17-01168 Hann v. Brickhaven Condominium Association and Its Board o
Hrg. on Defendants' Brickhaven Condominium Association, Anne Marie Williams, Old Town Realty, Inc., Aaron Selix, Thomas M. Stulberg, Dewie Smith, and Brickhaven Condominium Association Board of Directors Motion filed 11/9/17 to Dismiss Adversary Proceeding
(Cont. from 12/7/17)
Docket 73
Continue the hearing to April 26, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
Karl V Fink Represented By
Jennifer E Duty Eric R Deitz
The State of Michigan Represented By Michael S Hill
Bowen Equities LLC Pro Se
Mirror Equities LLC Pro Se
Aaron Selix Represented By
9:00 AM
Ryan H Nell
Dewie Smith Represented By
Ryan H Nell
Starr Butler Alexopoulous & Stoner Represented By
Julie Marquis
Thomas M Stulberg Represented By Ryan H Nell
Kay Rivest Butler Represented By Julie Marquis
Joshua R Fink Represented By Jennifer E Duty Eric R Deitz
Naomi E Fink Represented By
Jennifer E Duty Eric R Deitz
Old Town Realty Inc Represented By Ryan H Nell
Anne Marie Williams Represented By Ryan H Nell
Fink & Valvo PLLC Represented By Jennifer E Duty Eric R Deitz
Brickhaven Condominium Represented By Ryan H Nell
David W Schelberg Represented By Julie Marquis
Movant(s):
Brickhaven Condominium Represented By Ryan H Nell
9:00 AM
Anne Marie Williams Represented By Ryan H Nell
Old Town Realty Inc Represented By Ryan H Nell
Dewie Smith Represented By
Ryan H Nell
Aaron Selix Represented By
Ryan H Nell
Thomas M Stulberg Represented By Ryan H Nell
Plaintiff(s):
Gary S Hann Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Adv#: 6:17-01168 Hann v. Brickhaven Condominium Association and Its Board o
Hrg. on Defendant State of Michigan Motion filed 11/9/17 to Dismiss Adversary Proceeding
(Cont. from 12/21/17)
Docket 68
Continue the hearing to April 26, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
Karl V Fink Represented By
Jennifer E Duty Eric R Deitz
The State of Michigan Represented By Michael S Hill
Bowen Equities LLC Pro Se
Mirror Equities LLC Pro Se
Thomas M Stulberg Represented By Ryan H Nell
Aaron Selix Represented By
9:00 AM
Ryan H Nell
Dewie Smith Represented By
Ryan H Nell
David S Swart Represented By Tim Harris Ryan H Nell
Washtenaw County Sheriff Civil Represented By
Tim Harris
David W Schelberg Represented By Julie Marquis
Kay Rivest Butler Represented By Julie Marquis
Joshua R Fink Represented By Jennifer E Duty Eric R Deitz
Naomi E Fink Represented By
Jennifer E Duty Eric R Deitz
Old Town Realty Inc Represented By Ryan H Nell
Anne Marie Williams Represented By Ryan H Nell
Fink & Valvo PLLC Represented By Jennifer E Duty Eric R Deitz
Brickhaven Condominium Represented By Ryan H Nell
Starr Butler Alexopoulous & Stoner Represented By
Julie Marquis
9:00 AM
Plaintiff(s):
Gary S Hann Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Adv#: 6:17-01168 Hann v. Brickhaven Condominium Association and Its Board o
Hrg on Defendant's Motion to Amend Memorandum of Points and Authorities in Support of Motion to Dismiss
Docket 109
Continue the hearing to April 26, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
Karl V Fink Represented By
Jennifer E Duty Eric R Deitz
The State of Michigan Represented By Michael S Hill
Bowen Equities LLC Pro Se
Mirror Equities LLC Pro Se
Thomas M Stulberg Represented By Ryan H Nell
Aaron Selix Represented By
Ryan H Nell
9:00 AM
Dewie Smith Represented By
Ryan H Nell
Starr Butler Alexopoulous & Stoner Represented By
Julie Marquis
Kay Rivest Butler Represented By Julie Marquis
Joshua R Fink Represented By Jennifer E Duty Eric R Deitz
Naomi E Fink Represented By
Jennifer E Duty Eric R Deitz
Old Town Realty Inc Represented By Ryan H Nell
Anne Marie Williams Represented By Ryan H Nell
Fink & Valvo PLLC Represented By Jennifer E Duty Eric R Deitz
Brickhaven Condominium Represented By Ryan H Nell
David W Schelberg Represented By Julie Marquis
Plaintiff(s):
Gary S Hann Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Adv#: 6:16-01153 Daff, Chapter 7 Trustee et al v. Zaragoza et al
STATUS CONFERENCE re: Complaint by Charles W. Daff, Chapter 7 Trustee against Patricio Zaragoza, Vannessa Zaragoza, Eric Christian Zaragoza.
Complaint for Avoidance, Recovery, and Preservation of Unauthorized Post- Petition Transfers [11 U.S.C. Sections 549, 550, and 551] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (14 (Recovery of money/property - other))
(Cont. from 11/16/17)
Docket 1
The Court will inquire into the status of the settlement negotiations. Next status conference: TBD
COURT TO PREPARE ORDER.
Debtor(s):
Ruth Maldonado Pro Se
Defendant(s):
Patricio Zaragoza Pro Se
Vannessa Zaragoza Pro Se
Eric Christian Zaragoza Pro Se
9:00 AM
Plaintiff(s):
Charles W. Daff, Chapter 7 Trustee Represented By
David Wood D Edward Hays
Trustee(s):
Charles W Daff (TR) Represented By
D Edward Hays David Wood
9:00 AM
Adv#: 6:16-01167 Shin v. Altman
PRE-TRIAL CONFERENCE re fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))
(Cont. from 10/19/17)
Docket 1
- NONE LISTED -
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Defendant(s):
Murray Altman Represented By Andrew S Bisom Kathleen P March
Plaintiff(s):
Yun Hei Shin Represented By
Kathleen P March Andrew S Bisom
9:00 AM
Adv#: 6:17-01243 Vargas v. United States Department Of Education et al
Status Conference re Complaint by Michelle Vargas against United States Department Of Education, Navient Corporation, Navient Credit Finance Corporation, Navient Solutions, Inc., Education Credit Management Corporation. (Fee Not Required). Complaint to Determine Dischargeability of Student Loans - 11 U.S.C. Section 523(a)(8); Borrower's Defenses Against Repayment - 20
U.S.C. Section 1087e(h); 34 C.F.R. 685.206(c): 1) Fraud, Misrepresentation, Concealment, and False Promises; 2) Fraud, Forgery, and Undue Influence 3) Violation of California Business and Professions Code Sections 17200 et seq; 4) Violation of California Business and Professions Code Sections 17500 et seq; and 5) Discharge of Debt Obtained by Students Whose Eligibility for Federal Student Aid was Falsely Certified by the School - 20 U.S.C. Section 1087; 34
C.F.R. 685.215 Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)), (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)
Docket 1
Based upon the parties’ request, the Court will send this case into mediation.
The parties shall file a mediation stipulation and lodge an order thereon on or before March 15, 2018.
Next status conference: May 10, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Carlitos Vargas Represented By
9:00 AM
Todd L Turoci
Defendant(s):
United States Department Of Represented By Elan S Levey
Navient Corporation Represented By Robert S Lampl
Navient Credit Finance Corporation Represented By
Robert S Lampl
Navient Solutions, Inc. Represented By Robert S Lampl
Education Credit Management Pro Se
Joint Debtor(s):
Michelle Vargas Represented By Todd L Turoci
Plaintiff(s):
Michelle Vargas Represented By Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Ditech Financial LLC vs. DEBTOR (Motion filed 12/21/17)
[RE: 26731 Alicante Drive, Mission Viejo, CA 92691]
FR: 1-29-18
Docket 36
- NONE LISTED -
Debtor(s):
Michelle Salazar Spree Represented By Gary Leibowitz
Jacqueline D Serrao
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 case (Petition filed 11/6/17)
FR: 1-17-18
Docket 27
Continue the status conference to April 11, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin
9:00 AM
CONT'D Hearing RE: Renewal Use Of Cash Collateral (Motion filed 11/7/17) (Set per Order Entered 12/12/17)
FR: 1-5-18; 1-12-18
Docket 5
The Court will inquire into the status of this motion.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
10:00 AM
CONT'D Hearing RE: Order To Appear For Examination RE: Enforcement Of Judgment RE: Jeanne Marie Behling
(Set per Order Entered 11/17/17) FR: 1-8-18; 1-8-18
Docket 564
The Court will inquire into the status of this matter and whether the examination of Ms. Behling will go forward.
this hearing unless Shulman Hodges & Bastian LLP consents in writing to her appearance being excused.
Debtor(s):
Stuart A Smith Represented By Melissa Davis Lowe Mark Bradshaw Ryan D ODea
Dennis E McGoldrick
Joint Debtor(s):
Renee M Smith Represented By Melissa Davis Lowe Mark Bradshaw Ryan D ODea
Dennis E McGoldrick
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Approving Asset Purchase Agreement And Authorizing Sale Of Property Free And Clear of Liens, Claims And Interests Pursuant To 11 U.S.C. Sections 363(b) And (f); (2) Approving Overbid Procedures; (3) Approving Buyer As Good-Faith Purchaser Pursuant To 11 U.S.C. Section 363(m)
(Motion filed 1/31/18)
Docket 69
Unless the Trustee has ascertained the federal and state income tax consequences of selling the Remnant Assets or, alternatively, unless the buyer agrees to indemnify and hold harmless the bankruptcy estate for any income tax on the sale, the Court will deny the motion.
Debtor(s):
nuCourse Distribution, Inc. Represented By Hamid R Rafatjoo
Trustee(s):
Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden
2:00 PM
Hearing RE: Objection To The Debtors' Claimed Homestead Exemption (Motion filed 12/28/17)
Docket 63
The Court will sustain the Trustee’s objection and disallow debtors’ homestead exemption.
The Court does not reach or rule upon the IRS’s contentions regarding the manner in which proceeds of sale with respect to the subject property are to be distributed. Nor does the Court in any way rule upon whether sections 724 or 726 apply or, if so, how they apply.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Kitcha Ranch Represented By Bruce D White
Joint Debtor(s):
Sana Ranch Represented By
Bruce D White
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood
2:00 PM
Hearing RE: United States Trustee's Motion To Enjoin Bankruptcy Petition Preparer Odine Limansky
(Motion filed 1/23/17)
Docket 37
Grant the motion and issue injunction pursuant to 11 U.S.C. § 110(j)(3). Odine Limansky is enjoined from further engaging in any bankruptcy petition preparer services, whether directly or indirectly until she complies with the Prior Order.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Madlin Milad Locey Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Aldridge Pite - movant attorney Motion for relief from stay
JPMorgan Chase Bank NA (Motion filed 1/25/18)
RE: 2015 Chevrolet Corvette
Docket 48
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived.
Deny request for termination of co-debtor stay - - this case is not a chapter 13 case. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ann Susan Carter Represented By Gene E O'Brien
Trustee(s):
9:00 AM
Robert Whitmore (TR) Pro Se
9:00 AM
L/O Austin P Nagel - movant attorney Motion for relief from stay
Toyota Motor Credit Corporation vs Debtor (Motion filed 1/24/18)
RE: 2014 Toyota Scion XB
Docket 510
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan Joseph N Darweesh
Trustee(s):
Todd A. Frealy (TR) Represented By
9:00 AM
Eve H Karasik Jeffrey S Kwong Juliet Y Oh Carmela Pagay
9:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
JPMorgan chase Bank, National Association vs. DEBTOR (Motion filed 1/29/18)
Re: 12794 Windstar Dr, Rancho Cucamonga, CA 91739
Docket 12
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
Box 12. Upon entry of the order, for purposes of Cal. Civ. Code § 2923.5, the Debtor is a borrower as defined in Cal. Civ.Code § 2920.5(c)(2)(C).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Erika Ramirez Represented By David Lozano
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Vincent V. Frounjian - movant attorney Motion for Relief from Stay
American Honda Finance Corporation vs. DEBTOR, Karl T. Anderson, chapter 7 trustee
(Motion filed 1/29/18)
Re: 2015 HONDA CIVIC, VIN: 2HGF B6E5 8FH7 04108 .
Docket 9
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Guilibaldo Montenegro Represented By Todd L Turoci
Joint Debtor(s):
Alexis McMurtry Represented By
9:00 AM
Trustee(s):
Todd L Turoci
Karl T Anderson (TR) Pro Se
9:00 AM
H.G. Long & Associates - movant attorney Motion for relief from stay
Leopoldo M. Sanchez Trustee vs Debtor (Motion filed 2/3/18)
RE: 15760 Ocana Court, Fontana, CA 92337
Docket 10
- NONE LISTED -
Debtor(s):
Edwiges Gabriela Barnett-Gonzalez Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
Hrg. on United States Trustee For An Order Disgorging Fees, Assessing Damages, And Imposing Fines And Against Bankruptcy Petition Preparer Star Miller, Pursuant To 11 U.S.C. § 110
(Cont. from 1/16/18)
Docket 23
- NONE LISTED -
Debtor(s):
Sergio Enrique Quntanilla Merlos Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg on Debtor's Motion For Order Approving Sale Of Real Property Pursuant To 11 U.S.C. §363 Free And Clear Of All Liens, Claims And Interests, And Granting Certain Other Related Relief
Docket 107
The Court will inquire as to the debtor’s intentions with respect to payment out of sale proceeds to (1) the San Bernardino Treasurer and Tax Collector ($63,036.58) and (2) the Arrow Highway Building Owners Association ($28,035.50).
Debtor(s):
WHAA LLC Represented By
M Jonathan Hayes
2:00 PM
Hrg on Trustee's Motion for Order Compelling Turnover of Unscheduled Estate Property and Documents
Docket 29
- NONE LISTED -
Debtor(s):
Steven Michael Hodgden Represented By Gary S Saunders
Joint Debtor(s):
Christina Hodgden Represented By Gary S Saunders
Trustee(s):
Todd A. Frealy (TR) Represented By
Michelle A Marchisotto
2:00 PM
Hrg. on Order to Show Cause why Debtor's case should not be dismissed for failure to make fourth installment payment of $76.00, that was due on 2/5/18
Docket 0
Dismiss this case for failure to make required installment payments of the filing fee.
COURT TO PREPARE ORDER.
Debtor(s):
HEATHER M MISH Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Adv#: 8:16-01261 Farmers & Merchants Bank Of Long Beach v. Newman et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt
[11 U.S.C. Sections 523(a)(2)(A) and 523(a)(4)]
(Complaint filed 12/14/16) (PTC set at S/C held 2/8/17)
FR: 2-8-17; 10-18-17
Docket 1
Continue to December 12, 2018 at 9:00 a.m.
A case status report shall be filed by plaintiff on or before December 5, 2018. COURT TO PREPARE ORDER.
Debtor(s):
Leonard Newman Represented By Darvy M Cohan
Defendant(s):
Leonard Newman Pro Se
Chrisy Anne Newman Pro Se
Joint Debtor(s):
Chrisy Anne Newman Represented By Darvy M Cohan
9:00 AM
Plaintiff(s):
Farmers & Merchants Bank Of Long Represented By
Ronald Appel
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 8/9/16)
FR: 10-12-16; 11-9-16; 2-15-17; 5-3-17; 9-27-17, 12-13-17
Docket 8
The status report filed on February 22, 2018 was very helpful to the Court.
The Court will inquire into compliance with United States Trustee guidelines and requirements (to give the UST an opportunity to weigh in).
The Court will likely extend the deadlines for filing a plan and disclosure statement and confirming a plan.
Next status conference: June 6, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Eric Martinson Represented By Richard Lynn Barrett
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Chapter 13 Petition filed on 10/25/16)
(Case Converted to Chapter 11 on 11/28/16)) FR: 5-3-17; 8-2-17; 11-1-17; 11-15-17
Docket 0
Continue the status conference to May 9, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Madhulika Baid Represented By Michael R Totaro
9:00 AM
Adv#: 8:15-01391 Baek et al v. Halvorson et al
STATUS CONFERENCE Hearing
(Set per Order Staying Memorandum Decision And Order After Bifurcated Trial On Unclean Hands Entered on 2/20/18)
Docket 1
The Court will explain why it set a status conference.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
John O. Halvorson Represented By Marc C Forsythe Charity J Miller
Dan L. Halvorson Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Miller
9:00 AM
Jerry Ann Randall Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Miller
PCC Fund I, LLC Pro Se
Granite Bay Partners II, LLC Pro Se
JH RE Holdings, LLC Pro Se Commercial Income Advisors, Inc. Pro Se
Plaintiff(s):
Richard Baek Represented By Reem J Bello Ali Matin
Steven J. Katzman Kyle Kveton
Pacific Commercial Group, LLC Represented By
Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
Baek 153, LLP Represented By Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
Weneta M. Kosmala Pro Se
9:00 AM
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:15-01454 Baek v. Halvorson et al
STATUS CONFERENCE Hearing
(Set per Order Staying Memorandum Decision And Order After Bifurcated Trial On Unclean Hands Entered on 2/20/18)
Docket 1
The Court will explain why it set a status conference.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
John Olaf Halvorson Represented By Charity J Miller Marc C Forsythe
Weneta M.A. Kosmala Represented By Reem J Bello
Movant(s):
Grace Baek Represented By
Ali Matin
Steven J. Katzman Kyle Kveton
9:00 AM
Grace Baek Pro Se
Plaintiff(s):
Grace Baek Represented By
Ali Matin
Steven J. Katzman Kyle Kveton
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:17-01016 LMG National Publishing, Inc. v. Victor Valley Publishing Company et al
CONT'D Hearing RE: Motion Of Victor Valley Publishing Company, Victorville Publishing Company, Daily Press, LLC, Freedom Communications, Inc., Freedom SPV I, LLC and Freedom SPV V, LLC For Summary Judgment Against LMG National Publishing, Inc.; And Request For Prevailing Party Attorney's Fees And Costs
(Motion filed 4/13/17)
FR: 6-21-17; 6-28-17; 8-28-17; 10-25-17; 1-31-18
Docket 12
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Victor Valley Publishing Company Represented By
Alan J Friedman Beth Gaschen
Victorville Publishing Company Represented By
9:00 AM
Alan J Friedman Beth Gaschen
Daily Press, LLC Represented By Alan J Friedman Beth Gaschen
Freedom Communications, Inc. Represented By Alan J Friedman Beth Gaschen
Freedom SPV I, LLC Represented By Alan J Friedman Beth Gaschen
Freedom SPV V, LLC Represented By Alan J Friedman Beth Gaschen
Plaintiff(s):
LMG National Publishing, Inc. Represented By Ashley M McDow Michael T Delaney
9:00 AM
Adv#: 8:17-01163 Official Committee Of Unsecured Creditors v. CIPS Marketing Group, LLC
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/25/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
CIPS Marketing Group, LLC Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Jeffrey P Nolan Andrew W Caine
9:00 AM
Adv#: 8:17-01164 Official Committee Of Unsecured Creditors v. Road Runner Distributors,
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Road Runner Distributors, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01165 Official Committee Of Unsecured Creditors v. GES Distribution, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
GES Distribution, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01166 Official Committee Of Unsecured Creditors v. Source One Staffing, LLC
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Source One Staffing, LLC Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01167 Official Committee Of Unsecured Creditors v. Ink Systems, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Ink Systems, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01168 Official Committee Of Unsecured Creditors v. 24-7 Dock and Door Repair,
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
24-7 Dock and Door Repair, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01169 Official Committee Of Unsecured Creditors v. CLR Marketing Partners
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
CLR Marketing Partners Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01170 Official Committee Of Unsecured Creditor v. U.S. Telepacific Corp.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
U.S. Telepacific Corp. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01171 Official Committee Of Unsecured Creditors v. Documotion Research, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Documotion Research, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01172 Official Committee Of Unsecured Creditors v. Microsoft Corporation
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Microsoft Corporation Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01173 Official Committee Of Unsecured Creditors v. Monster Worldwide, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Monster Worldwide, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01174 Official Committee Of Unsecured Creditors v. New Market Enterprises, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
New Market Enterprises, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01175 Official Committee Of Unsecured Creditors v. Spicers Paper, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Spicers Paper, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01176 Official Committee Of Unsecured Creditors v. Southern Lithoplate, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Southern Lithoplate, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01177 Official Committee Of Unsecured Creditors v. Carillon Office Technologies
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Carillon Office Technologies & Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01178 Official Committee Of Unsecured Creditors v. A.Q.M.M., Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
A.Q.M.M., Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01179 Official Committee Of Unsecured Creditors v. C&W Acquisition Company,
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
C&W Acquisition Company, LLC Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01180 Official Committee Of Unsecured Creditors v. Staffmark Investment LLC
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Staffmark Investment LLC Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01181 Official Committee Of Unsecured Creditors v. General Rewinding, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
General Rewinding, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01182 Official Committee Of Unsecured Creditors v. Trust Temporary Services,
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Trust Temporary Services, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:16-01187 Gordy v. Simon et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Deny And Object To The Debtors' Discharge Pursuant To 11 U.S.C. Section 727
(Complaint filed 8/12/16)
FR: 11-9-16; 3-8-17; 5-31-17; 12-13-17
Docket 1
- NONE LISTED -
Debtor(s):
Casey John Simon Represented By Kelly Zinser
Defendant(s):
Casey John Simon Represented By Kelly Zinser
Korrine Ellen Simon Represented By Kelly Zinser
Joint Debtor(s):
Korrine Ellen Simon Represented By Kelly Zinser
Plaintiff(s):
Paul Thomas Gordy Represented By Gary Leibowitz
9:00 AM
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Hearing RE: Motion For Order Approving Amended Disclosure Statement Describing Chapter 11 Plan Of Reorganization
(D.S. filed 1/15/18) (Amended D.S. filed 1/29/18)
Docket 184
- NONE LISTED -
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones Sara Tidd
9:00 AM
Adv#: 8:17-01078 Neskovic v. Corbin et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Fraudulent Conveyance;
To Set Aside Fraudulent Conveyance;
Constructive Trust;
Declaratory Relief; And
Violation Of The Uniform Voidable Transactions Act Under California Civil Sections 3439.04(a) & 3439.05
(Notice of Removal filed 5/16/17)
FR: 7-19-17; 7-26-17; 9-13-17; 1-17-18; 1-31-18
Docket 0
- NONE LISTED -
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones
Defendant(s):
Dean Corbin Pro Se
Joshua Corbin Pro Se
Big Blue Funding, LP Pro Se
Jaen Industries, LLC Pro Se
Safe Harbor Industries, LLC Pro Se
9:00 AM
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones
Plaintiff(s):
Daniel Neskovic Represented By Paul J Kurtzhall
9:00 AM
CONT'D Status Conference Hearing RE: Motion for relief from stay [Real Property] On The Issues Of Whether The Bankruptcy Petition Was Filed In Bad Faith
(Status Conference hearing set at hearing held 12/13/17)
Daniel Neskovic vs. DEBTORS (Motion filed 5/25/17)
[RE: 2430 Camino Oleada, San Clemente, CA 92673]
FR: 6-19-17; 10-23-17; 11-15-17, 12-13-17; 1-10-18
Docket 22
- NONE LISTED -
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: Daniel Neskovic's Motion To Convert Case Pursuant To Section 1112(b), Or In The Alternative, For The Appointment Of A Chapter 11 Trustee Pursuant To Section 1104(a)
(Motion filed 6/29/17)
(Status Conference hearing set at hearing held 12/13/17)
FR: 7-24-17; 9-13-17; 10-18-17; 11-15-17, 12-13-17; 1-10-18
Docket 54
- NONE LISTED -
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones Sara Tidd
9:00 AM
Adv#: 8:17-01099 Neskovic v. Corbin
CONT'D Status Conference Hearing RE: Motion For Summary Judgment Or, Alternatively, Summary Adjudication Against Defendant/Debtor Dean Lavar Corbin
(Motion filed 8/1/17)
(Status Conference hearing set at hearing held 12/13/17)
FR: 9-13-17; 10-18-17; 11-15-17; 12-13-17; 1-10-18
Docket 13
- NONE LISTED -
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones Sara Tidd
Defendant(s):
Dean Lavar Corbin Represented By Michael Jones
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones Sara Tidd
Plaintiff(s):
Daniel Neskovic Represented By
9:00 AM
Paul J Kurtzhall
9:00 AM
Adv#: 8:17-01099 Neskovic v. Corbin
CONT'D Hearing RE: Plaintiff/Counter-Defendant Daniel Neskovic's Rule 12(b)
Motion To Dismiss Defendant/Counterclaimant's Counterclaim And Complaint For Avoidance Of Preferential Or Constructive Fraudulent Transfer (Motion filed 10/5/17)
FR: 11-8-17
Docket 41
- NONE LISTED -
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones Sara Tidd
Defendant(s):
Dean Lavar Corbin Represented By Michael Jones
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones Sara Tidd
Plaintiff(s):
Daniel Neskovic Represented By Paul J Kurtzhall
9:00 AM
Adv#: 8:17-01099 Neskovic v. Corbin
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Plaintiff's Complaint To Determine Non-Dischargeability Of Debt Pursuant To 11 U.S.C. 523(a)(2)(A) & 6
(Complaint filed 6/7/17)
(Another Summons issued 7/12/17) (Answer and Counter-claim filed 8/11/17)
FR: 8-30-17; 9-27-17; 10-25-17; 11-15-17; 12-20-17; 1-10-18
Docket 1
- NONE LISTED -
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones Sara Tidd
Defendant(s):
Dean Lavar Corbin Pro Se
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones Sara Tidd
Plaintiff(s):
Daniel Neskovic Represented By
9:00 AM
Paul J Kurtzhall
9:00 AM
Adv#: 8:15-01391 Baek et al v. Halvorson et al
Hearing RE: Motion For (1) Sanctions Against Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC, Grace Baek, And Their Attorneys Of Record, Corey Tolliver, And Christopher Coyle For Failure To Participate In Court Ordered Mediation In Good Faith; And (2) Order Revoking Pro Hac Vice Admissions Of Attorneys Christopher Coyle And Corey Tolliver (Docket No.
[61] in 8:15-ap-01391, Docket No. [41] in 8:15-ap-01454) And Motion To Lift The Stay Imposed On June 29, 2016 (Docket No. [76] in 8:15-ap-01391, Docket No. [58] in 8:15-ap-01454)
(Order setting hearing Entered 11/22/17)
Docket 0
- NONE LISTED -
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
John O. Halvorson Represented By Marc C Forsythe Charity J Miller
Dan L. Halvorson Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe
9:00 AM
Steven J. Katzman Kyle Kveton Charity J Miller
Jerry Ann Randall Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Miller
PCC Fund I, LLC Pro Se
Granite Bay Partners II, LLC Pro Se
JH RE Holdings, LLC Pro Se Commercial Income Advisors, Inc. Pro Se
Plaintiff(s):
Richard Baek Represented By Reem J Bello Ali Matin
Steven J. Katzman Kyle Kveton
Pacific Commercial Group, LLC Represented By
Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
Baek 153, LLP Represented By Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
9:00 AM
Weneta M. Kosmala Pro Se
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:15-01454 Baek v. Halvorson et al
Hearing RE: Motion For (1) Sanctions Against Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC, Grace Baek, And Their Attorneys Of Record, Corey Tolliver, And Christopher Coyle For Failure To Participate In Court Ordered Mediation In Good Faith; And (2) Order Revoking Pro Hac Vice Admissions Of Attorneys Christopher Coyle And Corey Tolliver (Docket No.
[61] in 8:15-ap-01391, Docket No. [41] in 8:15-ap-01454) And Motion To Lift The Stay Imposed On June 29, 2016 (Docket No. [76] in 8:15-ap-01391, Docket No. [58] in 8:15-ap-01454)
(Order setting hearing Entered 11/22/17)
Docket 0
- NONE LISTED -
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
John Olaf Halvorson Represented By Charity J Miller Marc C Forsythe
Weneta M.A. Kosmala Represented By Reem J Bello
Plaintiff(s):
Grace Baek Represented By
Ali Matin
9:00 AM
Trustee(s):
Steven J. Katzman Kyle Kveton
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
2:00 PM
CONT'D Hearing RE: Motion For Order Approving Amended Disclosure Statement Describing Chapter 11 Plan Of Reorganization
(D.S. filed 1/15/18) (Amended D.S. filed 1/29/18) FR: 2-28-18 at 9:00 a.m.
Docket 184
The Court will inquire whether there will be a provision in the plan approving the stipulation between creditor Neskovic and the debtors.
The Court will inquire into debtors’ response to the Val-Chris Investment objection.
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones Sara Tidd
2:00 PM
Adv#: 8:17-01078 Neskovic v. Corbin et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Fraudulent Conveyance;
To Set Aside Fraudulent Conveyance;
Constructive Trust;
Declaratory Relief; And
Violation Of The Uniform Voidable Transactions Act Under California Civil Sections 3439.04(a) & 3439.05
(Notice of Removal filed 5/16/17)
FR: 7-19-17; 7-26-17; 9-13-17; 1-17-18; 1-31-18; (2-28-18 at 9:00 a.m.)
Docket 0
In view of the stipulation between Mr. Neskovic and debtors, the Court continues the status conference to June 6, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones
Defendant(s):
Dean Corbin Pro Se
Joshua Corbin Pro Se
Big Blue Funding, LP Pro Se
Jaen Industries, LLC Pro Se
2:00 PM
Safe Harbor Industries, LLC Pro Se
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones
Plaintiff(s):
Daniel Neskovic Represented By Paul J Kurtzhall
2:00 PM
Adv#: 8:17-01163 Official Committee Of Unsecured Creditors v. CIPS Marketing Group, LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/25/17) FR: 2-28-18 at 9:00 a.m.
Docket 1
The Court will issue a scheduling order:
All discovery shall close on June 30, 2018.
All discovery motions shall be heard before July 31, 2018.
All pretrial motions (except motions in limine) shall be heard before August 31, 2018. Pretrial conference is set for September 19, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen
2:00 PM
Alan J Friedman Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
CIPS Marketing Group, LLC Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Jeffrey P Nolan Andrew W Caine
2:00 PM
Adv#: 8:17-01164 Official Committee Of Unsecured Creditors v. Road Runner Distributors,
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 at 9:00 a.m.
Docket 1
The Court will set a deadline of March 31, 2018 for obtaining entry of default by the Clerk and a deadline of April 30, 2018 for hearing a motion for entry of default judgment.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Road Runner Distributors, Inc. Pro Se
2:00 PM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
2:00 PM
Adv#: 8:17-01165 Official Committee Of Unsecured Creditors v. GES Distribution, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 at 9:00 a.m.
Docket 1
The Court will issue a scheduling order:
All discovery shall close on June 30, 2018.
All discovery motions shall be heard before July 31, 2018.
All pretrial motions (except motions in limine) shall be heard before August 31, 2018. Pretrial conference is set for September 19, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
2:00 PM
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
GES Distribution, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
2:00 PM
Adv#: 8:17-01166 Official Committee Of Unsecured Creditors v. Source One Staffing, LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 at 9:00 a.m.
Docket 1
The Court will set a deadline of March 31, 2018 for obtaining entry of default by the Clerk and a deadline of April 30, 2018 for hearing a motion for entry of default judgment.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Source One Staffing, LLC Pro Se
2:00 PM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
2:00 PM
Adv#: 8:17-01167 Official Committee Of Unsecured Creditors v. Ink Systems, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 at 9:00 a.m.
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Ink Systems, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
2:00 PM
Adv#: 8:17-01168 Official Committee Of Unsecured Creditors v. 24-7 Dock and Door Repair,
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 at 9:00 a.m.
Docket 1
The Court will set a deadline of March 31, 2018 for obtaining entry of default by the Clerk and a deadline of April 30, 2018 for hearing a motion for entry of default judgment.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
24-7 Dock and Door Repair, Inc. Pro Se
2:00 PM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
2:00 PM
Adv#: 8:17-01169 Official Committee Of Unsecured Creditors v. CLR Marketing Partners
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 at 9:00 a.m.
Docket 1
The Court will set a deadline of March 31, 2018 for obtaining entry of default by the Clerk and a deadline of April 30, 2018 for hearing a motion for entry of default judgment.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
CLR Marketing Partners Pro Se
2:00 PM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
2:00 PM
Adv#: 8:17-01170 Official Committee Of Unsecured Creditor v. U.S. Telepacific Corp.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 at 9:00 a.m.
Docket 1
The Court will issue a scheduling order:
All discovery shall close on May 31, 2018.
All discovery motions shall be heard before June 30, 2018.
All pretrial motions (except motions in limine) shall be heard before July 31, 2018. Pretrial conference is set for August 8, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
2:00 PM
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
U.S. Telepacific Corp. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
2:00 PM
Adv#: 8:17-01171 Official Committee Of Unsecured Creditors v. Documotion Research, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 at 9:00 a.m.
Docket 1
Continue status conference to April 25, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Documotion Research, Inc. Pro Se
2:00 PM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
2:00 PM
Adv#: 8:17-01172 Official Committee Of Unsecured Creditors v. Microsoft Corporation
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 at 9:00 a.m.
Docket 1
The Court will issue a scheduling order:
All discovery shall close on June 30, 2018.
All discovery motions shall be heard before July 31, 2018.
All pretrial motions (except motions in limine) shall be heard before August 31, 2018. Pretrial conference is set for September 19, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
2:00 PM
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Microsoft Corporation Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
2:00 PM
Adv#: 8:17-01173 Official Committee Of Unsecured Creditors v. Monster Worldwide, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 at 9:00 a.m.
Docket 1
Continue status conference to April 25, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Monster Worldwide, Inc. Pro Se
2:00 PM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
2:00 PM
Adv#: 8:17-01174 Official Committee Of Unsecured Creditors v. New Market Enterprises, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 at 9:00 a.m
Docket 1
The Court will issue a scheduling order:
All discovery shall close on June 30, 2018.
All discovery motions shall be heard before July 31, 2018.
All pretrial motions (except motions in limine) shall be heard before August 31, 2018. Pretrial conference is set for September 19, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green
2:00 PM
Caroline Djang Scott D Fink Reed M Mercado
Defendant(s):
New Market Enterprises, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
2:00 PM
Adv#: 8:17-01176 Official Committee Of Unsecured Creditors v. Southern Lithoplate, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 at 9:00 a.m.
Docket 1
The Court will issue a scheduling order:
All discovery shall close on June 30, 2018.
All discovery motions shall be heard before July 31, 2018.
All pretrial motions (except motions in limine) shall be heard before August 31, 2018. Pretrial conference is set for September 19, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen
2:00 PM
Alan J Friedman Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Southern Lithoplate, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
2:00 PM
Adv#: 8:17-01177 Official Committee Of Unsecured Creditors v. Carillon Office Technologies
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 at 9:00 a.m.
Docket 1
Continue status conference to April 25, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Carillon Office Technologies & Pro Se
2:00 PM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
2:00 PM
Adv#: 8:17-01178 Official Committee Of Unsecured Creditors v. A.Q.M.M., Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 at 9:00 a.m.
Docket 1
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
A.Q.M.M., Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
2:00 PM
Adv#: 8:17-01179 Official Committee Of Unsecured Creditors v. C&W Acquisition Company,
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 at 9:00 a.m.
Docket 1
The Court will issue a scheduling order:
All discovery shall close on June 30, 2018.
All discovery motions shall be heard before July 31, 2018.
All pretrial motions (except motions in limine) shall be heard before August 31, 2018. Pretrial conference is set for September 19, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
2:00 PM
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
C&W Acquisition Company, LLC Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
2:00 PM
Adv#: 8:17-01180 Official Committee Of Unsecured Creditors v. Staffmark Investment LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 at 9:00 a.m.
Docket 1
The Court will issue a scheduling order:
All discovery shall close on June 30, 2018.
All discovery motions shall be heard before July 31, 2018.
All pretrial motions (except motions in limine) shall be heard before August 31, 2018. Pretrial conference is set for September 19, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
2:00 PM
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Staffmark Investment LLC Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
2:00 PM
Adv#: 8:17-01181 Official Committee Of Unsecured Creditors v. General Rewinding, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 at 9:00 a.m.
Docket 1
The Court will issue a scheduling order:
All discovery shall close on June 30, 2018.
All discovery motions shall be heard before July 31, 2018.
All pretrial motions (except motions in limine) shall be heard before August 31, 2018. Pretrial conference is set for September 19, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green
2:00 PM
Caroline Djang Scott D Fink Reed M Mercado
Defendant(s):
General Rewinding, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
2:00 PM
Adv#: 8:17-01182 Official Committee Of Unsecured Creditors v. Trust Temporary Services,
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 at 9:00 a.m.
Docket 1
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Trust Temporary Services, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 6:16-01302 USA Sales, Inc. v. California State Board Of Equalization
STATUS CONFERENCE Re: Complaint to determin amount of taxes owed pursuant to Bankruptcy Code 505(A); Objection to claim of the California Board of Equalization
(Cont. from 12/21/17)
Docket 1
- NONE LISTED -
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor Lisa Nelson
Defendant(s):
California State Board Of Represented By Ronald N Ito
Plaintiff(s):
USA Sales, Inc. Represented By Lisa Nelson
A. Lavar Taylor Daren M Schlecter Bruce A Emard
9:00 AM
Adv#: 6:17-01088 Anderson v. Marcelo
STATUS CONFERENCE RE: 1) Avoidance of Intentional Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551; Cal. Civ. Code §§
3439.04, 3439.07, 3439.08]; 2) Avoidance of Constructive Fraudulent Transfers
and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551; Cal. Civ. Code §§
3439.04, 3439.05, 3439.07, 3439.08, 3439.09]; 3) Disallowance of Claims [11
U.S.C. §502(d)]; 4) Unjust Enrichment [11 U.S.C. § 105]; 5) Declaratory Relief [11 U.S.C. §§ 541, 544, 548; FRBP 7001(9)]; and 6) Turnover of Property of the Estate [11 U.S.C. § 542]
(Cont. from 12/21/17)
Docket 1
The Court will inquire into whether the case settled at mediation.
Debtor(s):
Anthony Lorenzo Marcelo Represented By Daniel King
Defendant(s):
Relito C. Marcelo Represented By Daniel King
Plaintiff(s):
Karl T. Anderson Represented By Brandon J Iskander
9:00 AM
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Elyza P Eshaghi
9:00 AM
Adv#: 6:17-01256 Green v. Lending Club
STATUS CONFERENCE re: Complaint by Melanie Jane Green against Lending Club. (Fee Not Required). Nature of Suit: (72 (Injunctive relief - other))
Docket 1
The Court will set a deadline of April 30, 2018 for hearing a motion for entry of default judgment.
COURT TO PREPARE ORDER.
Debtor(s):
Melanie Jane Green Represented By Anerio V Altman
Defendant(s):
Lending Club Pro Se
Plaintiff(s):
Melanie Jane Green Represented By Anerio V Altman
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Adv#: 6:16-01167 Shin v. Altman
PRE-TRIAL CONFERENCE re fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))
(Cont. from 1/9/18)
Docket 1
- NONE LISTED -
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Defendant(s):
Murray Altman Represented By Andrew S Bisom Kathleen P March
Plaintiff(s):
Yun Hei Shin Represented By
Kathleen P March Andrew S Bisom
2:00 PM
Hrg on Motion of Creditor, Shin/RPL: (1) Moving for Order Dismissing Altmans Chapter 11 Case, or Converting it to Ch 7; and Alternatively (2) Moving Court to Re-set Deadline for Altman to File a New Plan and Disclosure Statement, Deadline to Get Disclosure Statement Approved, and Deadline to Confirm a Ch11 Plan, or Have Case Dismiss
(Cont. from 1/9/18)
Docket 131
- NONE LISTED -
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Movant(s):
Ramon Palm Lane, Inc., a CA Corp. Represented By
Kathleen P March
Yun Hei Shin Represented By
Kathleen P March
3:00 PM
Hrg on Motion of Creditor, Shin/RPL: (1) Moving for Order Dismissing Altmans Chapter 11 Case, or Converting it to Ch 7; and Alternatively (2) Moving Court to Re-set Deadline for Altman to File a New Plan and Disclosure Statement, Deadline to Get Disclosure Statement Approved, and Deadline to Confirm a Ch11 Plan, or Have Case Dismiss
(Cont. from 1/9/18)
Docket 131
Grant in part, deny in part.
The deadline for filing a plan and disclosure statement is 45 days after the Court renders its decision through an entered order in Shin v. Altman, 6:16-ap-01167.
The deadline for confirming a plan of reorganization is 60 days from the date of entry of an order approving a disclosure statement.
COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Movant(s):
Ramon Palm Lane, Inc., a CA Corp. Represented By
Kathleen P March
Yun Hei Shin Represented By
Kathleen P March
3:00 PM
3:00 PM
Adv#: 6:16-01167 Shin v. Altman
PRE-TRIAL CONFERENCE re fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))
(Cont. from 1/9/18)
Docket 1
The Court will approve the proposed Pretrial Conference Order with certain modifications and will set trial for May 21-23, 2018.
Trial will commence at 9:00 a.m., run to noon, recommence at 1:30 p.m. and run to 4:30 p.m. Each of plaintiff and defendant shall have 1.5 trial days.
COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Defendant(s):
Murray Altman Represented By Andrew S Bisom Kathleen P March
3:00 PM
Plaintiff(s):
Yun Hei Shin Represented By
Kathleen P March Andrew S Bisom
9:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Heather Rodgers, Individually And As The Personal Representative Of The Estate Of Kinley Rodgers, Deceased, And Brian Rose, Individually vs. DEBTOR (Motion filed 2/12/18)
[RE: Case Name: Heather Rodgers et al. vs. Jason Coomer, QF Liquidation, Inc., et al.;
[Docket Number: Civil Action No. 16-CI-00197]
[Pending In: Commonwealth Of Kentucky, Adair Circuit Court]
Docket 541
- NONE LISTED -
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
9:00 AM
Motion for relief from stay [Personal Property]
Bank Of America, N.A. vs. DEBTORS (Motion filed 2/7/18)
[RE: N 2017 Mitsubishi Mirage - VIN No.: ML32A3HJ3HH001728]
Docket 8
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Luis Rodriguez Represented By Marlin Branstetter
Joint Debtor(s):
Delia Rodriguez Represented By Marlin Branstetter
9:00 AM
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Motion for Relief from Stay [Action In Non-Bankruptcy Forum]
LQ Management, LLC vs. DEBTOR (Motion filed 2/14/18)
[RE: Case Name: LQ Management, L.L.C. v. Anthony Maxey, et al.] [Docket Number: 30-2017-00956267-CL-UD-NJC]
[Pending In: Orange County Superior Court, North]
Docket 16
- NONE LISTED -
Debtor(s):
Anthony Jerome Maxey Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
Hearing RE: Motion To Avoid Lien
(Motion filed 12/7/17) (Set per Order Entered 1/25/18)
Docket 0
- NONE LISTED -
Debtor(s):
Corey A. Fritz Represented By Bruce D White
Trustee(s):
Weneta M Kosmala (TR) Pro Se
2:00 PM
CONT'D STATUS CONFERENCE Hearing RE: Order To Show Cause Why Michael Roennau Should Not Be Held In Contempt Of The Discharge Injunction (Set per Order Entered 6/20/17)
(S/C set at hearing held 9/11/17) FR: 8-28-17, 12-18-17
Docket 0
Debtor(s):
Albert Torres Jr. Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Katherine Lea Torres Represented By Michael Jones Sara Tidd
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Motion By U.S. Trustee To Dismiss Or Convert Case Pursuant To 11 U.S.C. 1112(b); And Request For Judgment For Quarterly Fees Due And Payable To The United States Trustee At The Time Of The Hearing; (Motion filed 12/19/17)
FR: 10-18-17; 1-29-18
Docket 43
Grant UST’s motion and convert the case to chapter 7.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Se Y Oh Represented By
Stephen R Wade
9:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
The Bank of New York Mellon vs. DEBTOR (Motion filed 2/8/18)
Re: 5616 West Phillips Street, Ontario, CA 91762
Docket 20
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
- Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Carmen U Paiz Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
9:00 AM
Adv#: 8:17-01119 Kosmala v. Pacific Commercial Group, LLC et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
For Turnover Of Property Of The Estate And For An Accounting Pursuant To 11 U.S.C. Section 542;
For Turnover Of Property Of The Estate And For An Accounting Pursuant To 11 U.S.C. Section 542;
For Turnover Of Property Of The Estate And For An Accounting Pursuant To 11 U.S.C. Section 542;
For Turnover Of Property Of The Estate And For An Accounting Pursuant To 11 U.S.C. Section 542;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(B) And 550; And California Civil Code Sections 3439.04(a)(1); 3439.07 And 3439.09;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(b) And 550; And California Civil Code Sections 3439.04(a)(2); 3439.07 And 3439.09;
To Avoid And Recover Fraudulent Transfers Under 11 U.S.C. Sections 544
(b) And 550; And California Civil Code Sections 3439.05; 3439.07 And 3439.09;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(A)(1)(A) And 550;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(A)(1)(B) And 550;
To Avoid And Recover Unauthorized Post Petition Transfers Pursuant To 11 U.S.C. Sections 549 And 550;
Declaratory Relief;
To Preserve Transfers For The Benefit Of The Estate Pursuant To 11
U.S.C. Section 551; And
For Attorneys' Fees And Costs (Complaint filed 7/15/17)
FR: 10-4-17; 11-8-17; 1-17-18
[Tele. appr., Faye C. Rasch, repr., Weneta Kosmala, Chapter 7 Trustee]
Docket 1
9:00 AM
The Court will issue a scheduling order:
All discovery shall close on August 31, 2018.
All discovery motions shall be heard before September 30, 2018.
All pretrial motions (except motions in limine) shall be heard before October 31, 2018.
Pretrial conference is set for November 28, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
Pacific Commercial Group, LLC Pro Se
Baek Family Partnership, LLC Pro Se
Baek 124, LLC Pro Se
Baek Holdings, LLC Pro Se
Baek 153, LLC Pro Se
RGJ Baek, LLC Pro Se
Richard Baek Pro Se
Grace Baek Pro Se
9:00 AM
Plaintiff(s):
Weneta M.A. Kosmala Represented By Reem J Bello
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch
9:00 AM
Adv#: 8:16-01170 Kosareff v. Kosareff
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Under Section 523(a)(15)
(Complaint Filed 7/21/16) (PTC set at S/C held 10/12/16) (PTC set at S/C held 4/19/17)
FR: 10-12-16; 4-19-17; 9-27-17; 10-25-17; 11-15-17
Docket 3
The Court will inquire into the status of the settlement stipulation and the order to be lodged thereon.
Debtor(s):
Wlliam Allen Kosareff Represented By
William D Constantino
Defendant(s):
William Allen Kosareff Pro Se
Plaintiff(s):
Jennifer Kosareff Represented By Richard M Moss III
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Adv#: 8:17-01144 Itria Ventures, LLC v. Ervin
CONT'D STATUS CONFERENCE Hearing RE: Complaint Objecting To Dischargeability Of Debt
(Complaint filed 8/30/17) FR: 11-22-17
Docket 1
The Court will order this adversary proceeding into mediation. Mediation stipulation to be filed and an order lodged thereon on or before April 30, 2018.
Next status conference: June 27, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Michael J Ervin Represented By Mark D Klein
Defendant(s):
Michael J Ervin Pro Se
Plaintiff(s):
Itria Ventures, LLC Represented By Michael F Chekian
Trustee(s):
Karen S Naylor (TR) Represented By
9:00 AM
Burd & Naylor
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 5/2/17)
FR: 7-5-17; 11-15-17
Docket 0
Continue the status conference to June 13, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/15/17)
FR: 12-20-17
Docket 1
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: May 30, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Mohdsameer Aljanedi Dental Represented By Michael R Totaro
9:00 AM
STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 Case (Petition filed 1/3/18)
Docket 1
The Court will inquire into compliance with United States Trustee guidelines and requirements.
The Court will set the bar date at May 31, 2018 and require notice of the bar date to be filed and served on or before March 23, 2018.
The Court will set a deadline of September 30, 2018 for filing a plan and disclosure statement and a deadline of January 31, 2019 for confirming a plan.
Next status conference: July 11, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Fred Asafu-Adjaye Represented By Kevin Tang
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Kevin Tang
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-13-17
Docket 0
- NONE LISTED -
Debtor(s):
Nilanj Dinesh Pandya Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Kavita Pandya Represented By Michael Jones Sara Tidd
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 2-7-18
Docket 2
- NONE LISTED -
Debtor(s):
Yolanda C. Gregg Represented By Christine A Kingston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 2-7-18
[Tele. appr., Kristin A. Zilberstein, repr., PRPM2017-3]
Docket 2
- NONE LISTED -
Debtor(s):
Shellaine Alonsagay-del Campo Represented By
Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 5
- NONE LISTED -
Debtor(s):
Vanessa Patricia Martinez Represented By Javier H Castillo
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 4
- NONE LISTED -
Debtor(s):
Evan Anderson Represented By Anerio V Altman
Joint Debtor(s):
Kendyl Anderson Represented By Anerio V Altman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
James Edward Welsh Represented By Charles W Daff
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Daniel Molina Represented By Gary S Saunders
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Ana Elsa Choy Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Rodolfo R Pichardo Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Ruth Benveniste Represented By Jamil L White
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chaper 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Franklin Atoche Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 9-13-17; 12-13-17; 1-10-18
[Tele. appr., Kristin A. Zilberstein, repr., Franklin Credit Management Corporation]
Docket 2
- NONE LISTED -
Debtor(s):
David Williams Represented By Julie J Villalobos
Joint Debtor(s):
Denise Williams Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 1/2/18) (Set per Opposition filed 1/16/18)
Docket 67
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Susan Lee Thrasher Represented By Gary Leibowitz
Jacqueline D Serrao
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 1/25/18)
Docket 45
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jesus Melendez Represented By Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 12/20/17) (Set per Opposition filed 1/3/18)
Docket 66
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Christine K Roberts Represented By Bruce D White
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Application For Additional Fees And Related Expenses In A Pending Chapter 13 Case Subject To A Rights And Responsibilities Agreement (RARA)
(Motion filed 1/5/18) (Set per Trustee's comments filed 1/19/18)
[RE: SUNDEE M. TEEPLE - Attorney For Debtors] [Fees: $915.00; Expenses: $67.08]
Docket 50
Grant the application.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jesse Marquez Represented By Sundee M Teeple
Joint Debtor(s):
Rocio Carmen Marquez Represented By Sundee M Teeple
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Application Of Attorney For Debtor For Additional Fees And Related Expenses For The Period From May 15, 2017 Through February 2, 2018
(Motion filed 2/2/18)
(Set per Trustee's comments filed 2/12/18) (Notice of Hearing filed 2/12/18)
[RE: BERT BRIONES - Attorney For Debtors] [Fees: $6.250.00; Expenses: $216.60]
Docket 44
The Court will require the applicant to answer the questions posed by the Trustee in numbered paragraph 3 on page 2 of the Trustee’s Comments on the Application.
Debtor(s):
Jimmy Alcaraz Represented By Bert Briones
Joint Debtor(s):
Debra Josephine Alcaraz Represented By Bert Briones
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion Of United States Trustee To Determine Whether Compensation Paid To Counsel Was Excessive Under 11 U.S.C. Section 329 And F.R.B.P. 2017 And To Order Counsel To File A 2016(b) Statement (Motion filed 1/24/18)
Docket 14
- NONE LISTED -
Debtor(s):
Daniel Molina Represented By Gary S Saunders
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion Of United States Trustee To Determine Whether Compensation Paid To Counsel Was Excessive Under 11 U.S.C. Section 329 And F.R.B.P. 2017 And To Order Counsel To File A 2016(a) Statement (Motion filed 1/25/18)
Docket 12
- NONE LISTED -
Debtor(s):
Ruth Benveniste Represented By Jamil L White
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 2/1/18) (Set per Opposition filed 2/16/18)
Docket 49
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Spring L Jaentsch Represented By
David Samuel Shevitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 6:17-01240 U.S. Trustee v. Howard Law P.C. et al
Status Conference RE: Complaint by U.S. Trustee against Howard Law P.C., Williamson & Howard LLP, Vincent D Howard, Timothy Allen Reed. (Fee Not Required). Complaint For Disgorgement Of Fees, Civil Penalties, And/Or Injunctive And Other Relief Nature of Suit: (14 (Recovery of money/property - other)),(72 (Injunctive relief - other)),(91 (Declaratory judgment)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)
(cont from 2/15/18)
Docket 1
- NONE LISTED -
Debtor(s):
Jess Padilla Represented By
Timothy Reed
Defendant(s):
Timothy Allen Reed Pro Se
Vincent D Howard Pro Se
Williamson & Howard LLP Pro Se
Howard Law P.C. Pro Se
Plaintiff(s):
U.S. Trustee Represented By
Mohammad Tehrani
9:00 AM
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
Adv#: 6:17-01242 U.S. Trustee v. Howard Law P.C. et al
Status Conference re: Complaint by U.S. Trustee against Howard Law P.C., Williamson & Howard LLP, Vincent D Howard, Timothy Allen Reed, For Disgorgement Of Fees, Civil Penalties, And/Or Injunctive And Other Relief Nature of Suit: (14 (Recovery of money/property - other)),(72 (Injunctive relief - other)),(91 (Declaratory judgment)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)
(cont from 2/15/18)
Docket 1
- NONE LISTED -
Debtor(s):
Shirley Lynn Arrington Represented By Timothy Reed
Defendant(s):
Timothy Allen Reed Pro Se
Vincent D Howard Pro Se
Williamson & Howard LLP Pro Se
Howard Law P.C. Pro Se
Plaintiff(s):
U.S. Trustee Represented By
Mohammad Tehrani
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
9:00 AM
Hrg. on Chapter 11 Special Status Conference on the Plan and Disclosure Statement
(Cont. from 2/8/17)
Docket 0
- NONE LISTED -
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor Lisa Nelson
2:15 PM
Hrg. on approval of Reaffirmation Agreement filed 2/16/18 Between Debtor and Partners Federal Credit Union, in the amount of $10,358.18
Re: 2010 Lexus RX350
Docket 13
The reaffirmation agreement is approved if (a) the vehicle is insured, (b) the loan is current and (c) the borrower feels comfortable with the reaffirmation.
COURT TO PREPARE ORDER.
Debtor(s):
Roy Vagh Represented By
Stuart G Steingraber
Trustee(s):
Charles W Daff (TR) Pro Se
2:15 PM
Hrg. on approval of Reaffirmation Agreement filed 2/16/18 Between Debtor and Partners Federal Credit Union, in the amount of $5,089.95
Re: 2011 Volvo S80
Docket 14
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Roy Vagh Represented By
Stuart G Steingraber
Trustee(s):
Charles W Daff (TR) Pro Se
2:15 PM
Hrg. on approval of Reaffirmation Agreement filed 2/14/18 Between Debtor and Santander Consumer USA Inc., in the amount of $12,843.17
Re: 2011 Nissan Altima
Docket 13
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Rhenda Curry Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:15 PM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc., dba Chrysler Capital, in the amount of $11,925.51
Re: 2012 Hyundai Elantra
Docket 8
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Vivian Faye Richardson Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
U.S. Bank, N.A., Successor Trustee To LaSalle Bank National Association, On Behalf Of The Holders Of Bear Stearns Asset Backed Securities I Trust 2006-
HE2, Asset-Backed Certificates Series 2006-HE2 - vs. DEBTOR (Motion filed 10/16/17)
[RE: 3891 Claremont Street, Irvine, CA 92614]
FR: 11-13-17; 12-4-17; 1-8-18
Docket 95
Debtor(s):
Gary Scott Represented By
Michael A Younge
Joint Debtor(s):
Denise Johnson-Scott Represented By Michael A Younge
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTOR, Larry Simons, trustee (Motion filed 2/9/18)
Re: 2014 FORD F150, VIN 1FTNF1CF5EKD48205
Docket 27
Debtor(s):
Andrew Smith Represented By Bosky Kathuria
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Adv#: 8:15-01028 Dakarai v. Fazilat
TRIAL RE: Debtor's Amended Complaint For Violation Of The Automatic Stay (Complaint filed 12/9/14) (Amended Complaint filed 3/4/16)
(Status Conference set per hearing held in Case No. 8:14-bk-15055-MW on 2/2/15)
(PTC set at S/C held 4/8/15 - Vacated per Order Entered 6-10-15) (PTC Reset per Order Entered 7/16/15)
(PTC Reset per Order Entered 3/7/16)
(Status Conference set per hearing on motion held 8/3/16) (PTC set at S/C held 8-3-16)
(S/C set per Order Entered 9/19/17) (Trial set at S/C held 11/8/17)
FR: 2-2-15; 7-8-15; 3-9-16; 6-1-16; 8-3-16; 10-12-16; 2-8-17; 4-19-17; 7-26-17;
11-8-17
Docket 1
- NONE LISTED -
Debtor(s):
Dakarai Nyamyke Bruce Pro Se
Defendant(s):
Zahira Fazilat Represented By Gregory L Sproul
Plaintiff(s):
Bruce Dakarai Pro Se
9:00 AM
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
U.S. Bank, N.A., Successor Trustee To LaSalle Bank National Association, On Behalf Of The Holders Of Bear Stearns Asset Backed Securities I Trust 2006-
HE2, Asset-Backed Certificates Series 2006-HE2 - vs. DEBTOR (Motion filed 10/16/17)
[RE: 3891 Claremont Street, Irvine, CA 92614]
FR: 11-13-17; 12-4-17; 1-8-18; 3-12-18
[Tele. appr., Daniel K. Fujimoto, repr., US Bank] [Tele. appr., Michael A. Younge, repr., Gary Scott]
Docket 95
The Court will inquire whether the parties have consensually resolved this matter.
Debtor(s):
Gary Scott Represented By
Michael A Younge
Joint Debtor(s):
Denise Johnson-Scott Represented By Michael A Younge
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 8:15-01028 Dakarai v. Fazilat
CONT'D TRIAL RE: Debtor's Amended Complaint For Violation Of The Automatic Stay
(Complaint filed 12/9/14) (Amended Complaint filed 3/4/16)
(Status Conference set per hearing held in Case No. 8:14-bk-15055-MW on 2/2/15)
(PTC set at S/C held 4/8/15 - Vacated per Order Entered 6-10-15) (PTC Reset per Order Entered 7/16/15)
(PTC Reset per Order Entered 3/7/16)
(Status Conference set per hearing on motion held 8/3/16) (PTC set at S/C held 8-3-16)
(S/C set per Order Entered 9/19/17) (Trial set at S/C held 11/8/17)
FR: 2-2-15; 7-8-15; 3-9-16; 6-1-16; 8-3-16; 10-12-16; 2-8-17; 4-19-17; 7-26-17;
11-8-17; 3-19-18
Docket 1
- NONE LISTED -
Debtor(s):
Dakarai Nyamyke Bruce Pro Se
Defendant(s):
Zahira Fazilat Represented By Gregory L Sproul
Plaintiff(s):
Bruce Dakarai Pro Se
9:00 AM
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Bank Of America, N.A. vs. DEBTOR (Motion filed 2/15/18)
[RE: 619 Delhi Place, Fullerton, CA 92833]
Docket 42
- NONE LISTED -
Debtor(s):
Nicki Lynn Brewer Represented By Nicholas M Wajda
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Bank Of America, N.A. vs. DEBTOR (Motion filed 2/13/18)
[RE: Hunter, Irvine, CA 92620]
Docket 54
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sunny Hoss Represented By
Peter Rasla
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Commerical Bank Of California vs. DEBTOR (Motion filed 2/15/18)
[RE: 11899 Lotus Avenue, Fountain Valley, CA 92612]
Docket 36
For purposes of determining the equity cushion, the Court will estimate the subject property’s fair market value to be $864,950, which is the midpoint between the listing price and an actual offer received with respect to the property.
The equity cushion is therefore 12.64 percent, which the Court deems to be adequate protection.
Deny without prejudice.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Paul Joseph Gerard Riccobon Represented By Michael N Nicastro
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation, A Servicing Agent For Toyota Lease Trust vs. DEBTORS
(Motion filed 2/21/18)
[RE: 2015 Toyota Prius - VIN No.: JTDKDTB37F1109225]
Docket 34
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Abraham Hamideh Represented By Joseph M Hoats
Joint Debtor(s):
Randa Hamida Represented By Joseph M Hoats
9:00 AM
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Daimler Trust vs. DEBTORS (Motion filed 2/16/18)
[RE: 2017 Mercedes-Benz C300 - VIN 55SWF4JB7HU214687]
Docket 10
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jose Octavio Lazcano Represented By Christopher J Langley
Joint Debtor(s):
Edith Lazcano Represented By Christopher J Langley
9:00 AM
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
HOD Real Estate, LLC vs. DEBTOR (Motion filed 2/21/18)
[RE: 1924 W. Maywood Avenue, Santa Ana, CA 92704]
Docket 9
- NONE LISTED -
Debtor(s):
Alfonso Juarez Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Ditceh Financial LLc FKA Green Tree Servicing vs. DEBTOR (Motion filed 2/26/18)
[RE: 2000 Russell Avenue, Fullerton, CA 92833]
Docket 27
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
Box 12. Upon entry of the order, for purposes of Cal. Civ. Code § 2923.5, the Debtor is a borrower as defined in Cal. Civ.Code § 2920.5(c)(2)(C).
9:00 AM
The co-debtor stay of 11 U.S.C. §1201(a) or § 1301(a) is terminated, modified or annulled as to the co-debtor, on the same terms and conditions as to the Debtor.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
William Alan Skall Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Wells Fargo Bank, N.A., vs. DEBTOR (Motion filed 2/26/18)
[RE: 28841 Yosemite PL Canyon Lake, CA 92587]
Docket 28
Continue to April 30, 2018 at 9:00 a.m. to permit time for negotiation of an adequate protection stipulation.
DEBTORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Fred Asafu-Adjaye Represented By Kevin Tang
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Kevin Tang
9:00 AM
Motion for Relief from Stay [Personal Property]
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 2/27//8)
[RE: 2016 Toyota Corolla VIN No.:5YFBURHE5GP477315]
.
Docket 9
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Herminia Evelyn Bautista Represented By
Ethan Kiwhan Chin
9:00 AM
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from the automatic stay [Unlawful Detainer] (Motion filed 2/27/18)
[RE: 23 Southbrook, Irvine, CA 92604]
Docket 9
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2). This motion has been filed to proceed with an unlawful detainer action. This action must go forward because the debtor's right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant annulment.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Nicole Clarisa Sadler Represented By Bert Briones
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Hearing RE: Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate (All Creditors and All Property) .
(Motion filed 2/27/18)
Docket 9
The Court will inquire about the unchecked boxes on the proof of service form and will likely grant the motion.
Debtor(s):
Eddie Evans Light Represented By Michael Jones
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order Disallowing Claim: (Motion filed 2/15/18)
Claim No. 2-1 Americredit Financial Services, Inc. $49,254.80 + 5.15%
dba GM Finance
Docket 79
Grant the motion, sustain the objection, and allow as a secured claim only not entitled to any distribution from the estate.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael J Ervin Represented By Mark D Klein
Trustee(s):
Karen S Naylor (TR) Represented By Burd & Naylor
2:00 PM
CONT'D Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Approving Asset Purchase Agreement And Authorizing Sale Of Property Free And Clear of Liens, Claims And Interests Pursuant To 11 U.S.C. Sections 363(b) And (f); (2) Approving Overbid Procedures; (3) Approving Buyer As Good-Faith Purchaser Pursuant To 11 U.S.C. Section 363(m)
(Motion filed 1/31/18) FR: 2-26-18
Docket 69
Grant in part. The Court will approve the sale free and clear of any and all liens, claims and encumbrances, including without limitation the lien of U.S. Bank . To the extent U.S. Bank has a valid lien encumbering the assets being sold, U.S. Bank’s lien will attach to the sales proceeds. The Court is directing the sale free and clear in order to preclude the possibility that the amount realized on the sale for federal or state income tax purposes will include (or could be argued to include) an amount equal to the Debtor’s indebtedness to U.S. Bank under the rule of Crane v. Commissioner, 331
U.S. 1 (1947). For purposes of Treasury Regulation § 1.1001-2(a), Debtor is not being discharged from any liabilities as a result of the sale pursuant to this order.
TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
nuCourse Distribution, Inc. Represented By Hamid R Rafatjoo
2:00 PM
Trustee(s):
Thomas H Casey (TR) Represented By Beth Gaschen Jeffrey I Golden
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTOR, Larry D. Simons, trustee (Motion filed 2/13/18)
Re: 2014 FORD F150, VIN 1FTNF1CF5EKD48205
Docket 27
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Andrew Smith Represented By Bosky Kathuria
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
Wells Fargo Bank NA vs Debtor (Motion filed 3/1/18)
RE: 2010 Nissan Armada, VIN 5N1AAONF2AN622291
Docket 14
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Arthur Lopez Jr. Represented By Patricia M Ashcraft
Joint Debtor(s):
Alicia M. Martinez Represented By Patricia M Ashcraft
9:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Cohen Law Group, APC - movant attorney Motion for Relief from Stay
Grace Chang vs. DEBTOR (Motion filed 2/14/18)
Re: 10775 Midway Rd., Lucerne Valley, CA 92356
Docket 10
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) only. This motion has been filed to proceed with an unlawful detainer action. This action must go forward because the debtor's right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Johnny Rene Cuevas Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
Cab West, LLC vs Debtor (Motion filed 3/2/18)
RE: 2015 Ford Edge, VIN: 2FMTK4J81FBB82930
Docket 8
- NONE LISTED -
Debtor(s):
Amanda L Miller Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
Hrg. on Debtors' Motion filed 2/19/18 to Reopen Chapter 7 Case due to case being closed without discharge due to noncompliance
Docket 19
Grant the motion and reopen the case for a period of 120 days. MOVANTS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Gustavo Negrete Represented By Mirna El Hazin
Joint Debtor(s):
Isabel Victoria Negrete Represented By Mirna El Hazin
Trustee(s):
Sandra L Bendon (TR) Pro Se
2:00 PM
Adv#: 6:18-01028 Hann v. Anderson et al
Hrg. on Order to Show Cause re: Dismissal and Closure of Case
Docket 0
The matter before the Court is the Court’s order to show cause (the "OSC") why this main bankruptcy case should not be closed and why this Court should not dismiss three related adversary proceedings commenced by the debtor, Gary S. Hann ("Mr. Hann"), after the case had been reopened in May 2017 or in the alternative abstain from hearing such adversary proceedings. Mr. Hann opposes the closure of the case and the dismissal of the three related adversary proceedings. The State of Michigan and other defendants favor the dismissal of the adversary proceedings in which they are defendants.
Mr. Hann filed a chapter 7 petition in this Court on September 27, 2014. On November 6, 2014, chapter 7 trustee Karl Anderson ("Mr. Anderson") filed a report of no distribution. Mr. Hann was granted a discharge on January 12, 2015.
Three days before entry of the discharge, on January 9, 2015, Mr. Hann filed complaints commencing two adversary proceedings, the first against the State of Michigan Department of the Treasury (Adv. Pro. No. 6:15-ap-01006) and the second against Harvey Schwartz and Schwartz Property Management (Adv. Pro. No. 6:15- ap-01007).
Subsequently, on June 9, 2015, Mr. Hann filed complaints commencing two additional adversary proceedings, the first against Terrence P. Bronson, J. Cedric Simpson and other individuals and entities (Adv. Pro. No. 6:15-ap-01166) and the second against City of Ypsilanti, Michigan, John M. Barr and other persons and
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entities (Adv. Pro. No. 6:15-ap-01167).
The main bankruptcy case was closed on September 21, 2015 and the four related adversary proceedings dismissed for lack of standing or on other grounds.
The United States Trustee moved to reopen the main bankruptcy case on May 26, 2017 on the ground that information had been received suggesting the possibility that Mr. Hann’s Roth IRA, previously treated as an exempt asset, was not in fact exempt. The motion was granted, the case reopened and Karl Anderson was reappointed as chapter 7 trustee to examine the matter. Mr. Anderson withdrew the previous report of no distribution and filed a Notice of Assets on June 5, 2017.
Following the reopening of the case, Mr. Hann filed complaints commencing three new adversary proceedings: (1) Adv. Pro. No. 6:17-ap-01168 (the "1168 Action"); (2) Adv. Pro. No. 6:17-ap-01226 (the "1226 Action"); and (3) Adv. Pro. No. 6:18-
ap-01028 (the "1028 Action"). The nature of these adversary proceedings is described in greater detail below, but, briefly, the 1168 Action and the 1226 Action grow out of disputes between Mr. Hann and various parties over real estate transactions occurring in the State of Michigan and Michigan state court lawsuits growing out of such real estate transactions circa 2012-2016. The 1028 Action alleges that Mr. Anderson breached his duties as chapter 7 trustee by failing to take over these actions as real party in interest and to prosecute them for the bankruptcy estate’s benefit.
The Court ordered Mr. Anderson and his counsel to examine whether they believe Mr. Hann’s Roth IRA is non-exempt estate property that can be used to pay creditors in Mr. Hann’s bankruptcy case. He conducted such examination and reported back to the Court in a filed pleading concluding that, for a number of reasons, he would not object to Mr. Hann’s claim of exemption with respect to his Roth IRA. He then filed a Trustee’s Report of No Distribution and requested that the Court close the main bankruptcy case and dismiss the three pending adversary proceedings mentioned above.
The Court thereupon issued this OSC in order to hear argument on the issue of
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whether the Court should close the case and dismiss the three adversary proceedings.
Mr. Hann clearly would like Mr. Anderson to substitute in as real party in interest in the 1168 Action and the 1226 Action and to litigate against Mr. Hann’s various opponents in controversies arising from the Michigan real estate transactions (and resulting lawsuits) mentioned earlier. On the other hand, Mr. Anderson shows absolutely no interest in taking over these adversary proceedings as the real party in interest.
In the 1168 Action, Mr. Hann alleges that his Roth IRA provisionally sold a condominium located at 207 Ballard, #202, Ypsilanti, Michigan to Stacey M. Hogan on a land sale contract. The condominium was within a development managed by Brickhaven Condominium Association ("Brickhaven"). A dispute erupted after Brickhaven placed a lien on the condominium for alleged nonpayment of assessments on September 25, 2014 and proceeded toward a foreclosure sale. There followed litigation in the Michigan state and federal courts. Mr. Hann asks this Court to determine that the Michigan courts lacked both personal and subject matter jurisdiction over his Roth IRA, that the state court judge in the case, David S. Swartz, violated his rights, that there was fraud on the Michigan courts and that an automatic stay violation occurred in connection with this litigation.
In the 1226 Action, Mr. Hann alleges that his Roth IRA sold a single family residence at 709 Dorset, Ypsilanti Township, Michigan to Francis P. Sakaya and Babalao Investors, LLC ("Dorset Buyers") on January 19, 2012 on a low down payment contract for sale. According to the complaint, the Dorset Buyers defaulted on payments, suffered a forfeiture of their interest in the property but then refused to deliver possession. The complaint alleges that there then followed litigation in the Michigan state courts between Mr. Hann’s Roth IRA, the Dorset Buyers and other parties relating to the property and other claims including tortious interference with contract, abuse of process, perjury, intentional infliction of emotional distress, conversion, unjust enrichment, fraud on the court, conspiracy to defraud, lack of subject matter and personal jurisdiction, judicial misfeasance and Fourth Amendment violations. In the prayer for relief, Mr. Hann asks this Court to declare the Michigan
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state court proceedings void ab initio as in violation of the automatic stay and to award compensatory and punitive damages exceeding $500,000.
In the 1028 Action, the complaint alleges that the chapter 7 trustee wrongfully failed to prosecute the 1168 Action and the 1226 Action for the bankruptcy estate’s benefit and asks the Court to order the trustee to prosecute these actions. The complaint also seeks nominal compensatory and punitive damages against the trustee, totaling $16.00 and demands a jury trial. Also named as defendants are the trustee’s attorneys – the law firm of Shulman Hodges & Bastian LLP and, individually, two attorneys who are members of that firm, Melissa Davis Lowe and Leonard M. Shulman.
In the responses to the OSC, no party has argued that the trustee erred in his determination that Mr. Hann’s claim of exemption with respect to his Roth IRA should remain intact and that the Roth IRA should not be administered for the estate’s benefit. For instance, Mr. Hann writes in his response "The reopening of this case and the removal of the exemption on Debtor Hann’s Roth IRA’s was not based on any credible evidence and was not timely." The Court agrees with Mr. Hann’s argument that his exemption in the Roth IRA should remain intact and unaltered and that the Roth IRA should not be administered for the estate’s benefit. Therefore, the Court closes the main bankruptcy case. 11 U.S.C. § 350.
The Court now turns to the three adversary proceedings.
Most instructive in addressing the Court’s proper course with respect to these adversary proceedings is the unpublished decision of the United States Bankruptcy Appellate Panel for the Ninth Circuit in Armstrong v. IRS (In re Armstrong), BAP Nos. CC-11-1554-KiRnPa, CC-11-1476-KiRnPa, 2013 Bankr. LEXIS 2202 (BAP 9th
Cir., April 8, 2013). The Court relies upon Armstrong in view of its persuasive value.
This Court has "related to" subject matter jurisdiction over the 1168 Action and the 1226 Action. Armstrong holds that bankruptcy courts are not automatically divested of jurisdiction over related to claims when the underlying bankruptcy case has been dismissed. In that circumstance, the bankruptcy court should consider judicial
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economy, convenience, fairness and comity in determining whether to abstain from exercising its jurisdiction. The weighing of these factors is discretionary.
Judicial Economy. The 1168 Action was filed on August 8, 2017. The 1226 Action was filed on November 7, 2017. The Court stayed each of these adversary proceedings by order entered November 13, 2017, and the stay remains in effect as of this writing. Thus, disregarding the period where these actions were stayed, the 1168 Action has been pending for only slightly more than three months, whereas the 1226 Action has been pending for only six days. No discovery has been taken, and no motions for summary judgment have been filed. No trial has commenced. Because of these considerations, this factor weighs in favor of not retaining jurisdiction over either the 1168 Action or the 1226 Action.
Convenience . Nothing prevents Mr. Hann from bringing his claims in the 1168 Action and the 1226 Action before the Michigan state courts. As Armstrong points out, the "inconvenience of having to re-file a complaint in another court does not warrant retention of jurisdiction." This factor disfavors retention of jurisdiction.
Fairness. Mr. Hann alleges in his complaints in the 1168 Action and the 1226 Action that he has not been treated fairly by the lower Michigan state courts (i.e., the trial courts) with respect to his various claims. Whether or not that is true, this Court cannot act as a court of appeal with respect to the Michigan state courts. Mr. Hann’s proper remedy is to seek redress from higher Michigan state courts (i.e., appellate courts), not this Court. These considerations, coupled with the brief time these actions have been pending, compel the conclusion that this factor favors abstention.
Comity. The 1168 Action and the 1226 Action relate to alleged wrongs occurring in the State of Michigan and involve Michigan law. The Court will leave these matters to the Michigan state courts, which (obviously) are much better versed in Michigan law than this Court. This factor strongly favors abstention.
Based upon the foregoing, with all four factors favoring abstention and no factors favoring the retention of jurisdiction, this Court grants the OSC, abstains from hearing
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and determining the 1168 Action and the 1226 Action and orders these adversary proceedings dismissed without prejudice.
The 1028 Action arises in title 11 and therefore is not subject to the Armstrong
analysis which involved adversary proceedings where there was related to jurisdiction.
A motion to strike the complaint and a motion for sanctions were filed in the 1028 Action on or about March 7, 2018 and are set for hearing on April 3, 2018 at 2:00
p.m. The Court will continue the hearings on the motion to strike the complaint and the motion for sanctions to April 26, 2018 at 9:00 a.m. and will therefore continue the hearing on the OSC in the 1028 Action to the same date and time so that all these related matters may be heard together.
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
Karl T Anderson Pro Se
Shulman Hodges & Bastian LLP Pro Se
Melissa Davis Lowe Pro Se
Leonard M. Shulman Pro Se
Plaintiff(s):
Gary S Hann Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
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Adv#: 6:17-01226 Hann v. Sakaya et al
Hrg. on Order to Show Cause re: Dismissal and Closure of Case
Docket 0
The matter before the Court is the Court’s order to show cause (the "OSC") why this main bankruptcy case should not be closed and why this Court should not dismiss three related adversary proceedings commenced by the debtor, Gary S. Hann ("Mr. Hann"), after the case had been reopened in May 2017 or in the alternative abstain from hearing such adversary proceedings. Mr. Hann opposes the closure of the case and the dismissal of the three related adversary proceedings. The State of Michigan and other defendants favor the dismissal of the adversary proceedings in which they are defendants.
Mr. Hann filed a chapter 7 petition in this Court on September 27, 2014. On November 6, 2014, chapter 7 trustee Karl Anderson ("Mr. Anderson") filed a report of no distribution. Mr. Hann was granted a discharge on January 12, 2015.
Three days before entry of the discharge, on January 9, 2015, Mr. Hann filed complaints commencing two adversary proceedings, the first against the State of Michigan Department of the Treasury (Adv. Pro. No. 6:15-ap-01006) and the second against Harvey Schwartz and Schwartz Property Management (Adv. Pro. No. 6:15- ap-01007).
Subsequently, on June 9, 2015, Mr. Hann filed complaints commencing two additional adversary proceedings, the first against Terrence P. Bronson, J. Cedric Simpson and other individuals and entities (Adv. Pro. No. 6:15-ap-01166) and the second against City of Ypsilanti, Michigan, John M. Barr and other persons and
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entities (Adv. Pro. No. 6:15-ap-01167).
The main bankruptcy case was closed on September 21, 2015 and the four related adversary proceedings dismissed for lack of standing or on other grounds.
The United States Trustee moved to reopen the main bankruptcy case on May 26, 2017 on the ground that information had been received suggesting the possibility that Mr. Hann’s Roth IRA, previously treated as an exempt asset, was not in fact exempt. The motion was granted, the case reopened and Karl Anderson was reappointed as chapter 7 trustee to examine the matter. Mr. Anderson withdrew the previous report of no distribution and filed a Notice of Assets on June 5, 2017.
Following the reopening of the case, Mr. Hann filed complaints commencing three new adversary proceedings: (1) Adv. Pro. No. 6:17-ap-01168 (the "1168 Action"); (2) Adv. Pro. No. 6:17-ap-01226 (the "1226 Action"); and (3) Adv. Pro. No. 6:18-
ap-01028 (the "1028 Action"). The nature of these adversary proceedings is described in greater detail below, but, briefly, the 1168 Action and the 1226 Action grow out of disputes between Mr. Hann and various parties over real estate transactions occurring in the State of Michigan and Michigan state court lawsuits growing out of such real estate transactions circa 2012-2016. The 1028 Action alleges that Mr. Anderson breached his duties as chapter 7 trustee by failing to take over these actions as real party in interest and to prosecute them for the bankruptcy estate’s benefit.
The Court ordered Mr. Anderson and his counsel to examine whether they believe Mr. Hann’s Roth IRA is non-exempt estate property that can be used to pay creditors in Mr. Hann’s bankruptcy case. He conducted such examination and reported back to the Court in a filed pleading concluding that, for a number of reasons, he would not object to Mr. Hann’s claim of exemption with respect to his Roth IRA. He then filed a Trustee’s Report of No Distribution and requested that the Court close the main bankruptcy case and dismiss the three pending adversary proceedings mentioned above.
The Court thereupon issued this OSC in order to hear argument on the issue of
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whether the Court should close the case and dismiss the three adversary proceedings.
Mr. Hann clearly would like Mr. Anderson to substitute in as real party in interest in the 1168 Action and the 1226 Action and to litigate against Mr. Hann’s various opponents in controversies arising from the Michigan real estate transactions (and resulting lawsuits) mentioned earlier. On the other hand, Mr. Anderson shows absolutely no interest in taking over these adversary proceedings as the real party in interest.
In the 1168 Action, Mr. Hann alleges that his Roth IRA provisionally sold a condominium located at 207 Ballard, #202, Ypsilanti, Michigan to Stacey M. Hogan on a land sale contract. The condominium was within a development managed by Brickhaven Condominium Association ("Brickhaven"). A dispute erupted after Brickhaven placed a lien on the condominium for alleged nonpayment of assessments on September 25, 2014 and proceeded toward a foreclosure sale. There followed litigation in the Michigan state and federal courts. Mr. Hann asks this Court to determine that the Michigan courts lacked both personal and subject matter jurisdiction over his Roth IRA, that the state court judge in the case, David S. Swartz, violated his rights, that there was fraud on the Michigan courts and that an automatic stay violation occurred in connection with this litigation.
In the 1226 Action, Mr. Hann alleges that his Roth IRA sold a single family residence at 709 Dorset, Ypsilanti Township, Michigan to Francis P. Sakaya and Babalao Investors, LLC ("Dorset Buyers") on January 19, 2012 on a low down payment contract for sale. According to the complaint, the Dorset Buyers defaulted on payments, suffered a forfeiture of their interest in the property but then refused to deliver possession. The complaint alleges that there then followed litigation in the Michigan state courts between Mr. Hann’s Roth IRA, the Dorset Buyers and other parties relating to the property and other claims including tortious interference with contract, abuse of process, perjury, intentional infliction of emotional distress, conversion, unjust enrichment, fraud on the court, conspiracy to defraud, lack of subject matter and personal jurisdiction, judicial misfeasance and Fourth Amendment violations. In the prayer for relief, Mr. Hann asks this Court to declare the Michigan
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state court proceedings void ab initio as in violation of the automatic stay and to award compensatory and punitive damages exceeding $500,000.
In the 1028 Action, the complaint alleges that the chapter 7 trustee wrongfully failed to prosecute the 1168 Action and the 1226 Action for the bankruptcy estate’s benefit and asks the Court to order the trustee to prosecute these actions. The complaint also seeks nominal compensatory and punitive damages against the trustee, totaling $16.00 and demands a jury trial. Also named as defendants are the trustee’s attorneys – the law firm of Shulman Hodges & Bastian LLP and, individually, two attorneys who are members of that firm, Melissa Davis Lowe and Leonard M. Shulman.
In the responses to the OSC, no party has argued that the trustee erred in his determination that Mr. Hann’s claim of exemption with respect to his Roth IRA should remain intact and that the Roth IRA should not be administered for the estate’s benefit. For instance, Mr. Hann writes in his response "The reopening of this case and the removal of the exemption on Debtor Hann’s Roth IRA’s was not based on any credible evidence and was not timely." The Court agrees with Mr. Hann’s argument that his exemption in the Roth IRA should remain intact and unaltered and that the Roth IRA should not be administered for the estate’s benefit. Therefore, the Court closes the main bankruptcy case. 11 U.S.C. § 350.
The Court now turns to the three adversary proceedings.
Most instructive in addressing the Court’s proper course with respect to these adversary proceedings is the unpublished decision of the United States Bankruptcy Appellate Panel for the Ninth Circuit in Armstrong v. IRS (In re Armstrong), BAP Nos. CC-11-1554-KiRnPa, CC-11-1476-KiRnPa, 2013 Bankr. LEXIS 2202 (BAP 9th
Cir., April 8, 2013). The Court relies upon Armstrong in view of its persuasive value.
This Court has "related to" subject matter jurisdiction over the 1168 Action and the 1226 Action. Armstrong holds that bankruptcy courts are not automatically divested of jurisdiction over related to claims when the underlying bankruptcy case has been dismissed. In that circumstance, the bankruptcy court should consider judicial
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economy, convenience, fairness and comity in determining whether to abstain from exercising its jurisdiction. The weighing of these factors is discretionary.
Judicial Economy. The 1168 Action was filed on August 8, 2017. The 1226 Action was filed on November 7, 2017. The Court stayed each of these adversary proceedings by order entered November 13, 2017, and the stay remains in effect as of this writing. Thus, disregarding the period where these actions were stayed, the 1168 Action has been pending for only slightly more than three months, whereas the 1226 Action has been pending for only six days. No discovery has been taken, and no motions for summary judgment have been filed. No trial has commenced. Because of these considerations, this factor weighs in favor of not retaining jurisdiction over either the 1168 Action or the 1226 Action.
Convenience . Nothing prevents Mr. Hann from bringing his claims in the 1168 Action and the 1226 Action before the Michigan state courts. As Armstrong points out, the "inconvenience of having to re-file a complaint in another court does not warrant retention of jurisdiction." This factor disfavors retention of jurisdiction.
Fairness. Mr. Hann alleges in his complaints in the 1168 Action and the 1226 Action that he has not been treated fairly by the lower Michigan state courts (i.e., the trial courts) with respect to his various claims. Whether or not that is true, this Court cannot act as a court of appeal with respect to the Michigan state courts. Mr. Hann’s proper remedy is to seek redress from higher Michigan state courts (i.e., appellate courts), not this Court. These considerations, coupled with the brief time these actions have been pending, compel the conclusion that this factor favors abstention.
Comity. The 1168 Action and the 1226 Action relate to alleged wrongs occurring in the State of Michigan and involve Michigan law. The Court will leave these matters to the Michigan state courts, which (obviously) are much better versed in Michigan law than this Court. This factor strongly favors abstention.
Based upon the foregoing, with all four factors favoring abstention and no factors favoring the retention of jurisdiction, this Court grants the OSC, abstains from hearing
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and determining the 1168 Action and the 1226 Action and orders these adversary proceedings dismissed without prejudice.
The 1028 Action arises in title 11 and therefore is not subject to the Armstrong
analysis which involved adversary proceedings where there was related to jurisdiction.
A motion to strike the complaint and a motion for sanctions were filed in the 1028 Action on or about March 7, 2018 and are set for hearing on April 3, 2018 at 2:00
p.m. The Court will continue the hearings on the motion to strike the complaint and the motion for sanctions to April 26, 2018 at 9:00 a.m. and will therefore continue the hearing on the OSC in the 1028 Action to the same date and time so that all these related matters may be heard together.
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
Francis P Sakaya Pro Se
Collis & Griffor, PC Represented By Lovee D Sarenas
Griffor Legal, PC Pro Se
Stuart M Collins, P.C. Represented By Lovee D Sarenas
Beverly Marie Griffor Represented By Lovee D Sarenas
Babalao Investors LLC Pro Se
Jacqueline Mbwille Pro Se
Archie C Brown Pro Se
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Laura Goderis Pro Se
Stuart M. Collis Represented By Lovee D Sarenas
STATE OF MICHIGAN Represented By Michael S Hill
Plaintiff(s):
Gary S Hann Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
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Adv#: 6:17-01168 Hann v. Brickhaven Condominium Association and Its Board o
Hrg. on Order to Show Cause re: Dismissal and Closure of Case
Docket 0
The matter before the Court is the Court’s order to show cause (the "OSC") why this main bankruptcy case should not be closed and why this Court should not dismiss three related adversary proceedings commenced by the debtor, Gary S. Hann ("Mr. Hann"), after the case had been reopened in May 2017 or in the alternative abstain from hearing such adversary proceedings. Mr. Hann opposes the closure of the case and the dismissal of the three related adversary proceedings. The State of Michigan and other defendants favor the dismissal of the adversary proceedings in which they are defendants.
Mr. Hann filed a chapter 7 petition in this Court on September 27, 2014. On November 6, 2014, chapter 7 trustee Karl Anderson ("Mr. Anderson") filed a report of no distribution. Mr. Hann was granted a discharge on January 12, 2015.
Three days before entry of the discharge, on January 9, 2015, Mr. Hann filed complaints commencing two adversary proceedings, the first against the State of Michigan Department of the Treasury (Adv. Pro. No. 6:15-ap-01006) and the second against Harvey Schwartz and Schwartz Property Management (Adv. Pro. No. 6:15- ap-01007).
Subsequently, on June 9, 2015, Mr. Hann filed complaints commencing two additional adversary proceedings, the first against Terrence P. Bronson, J. Cedric Simpson and other individuals and entities (Adv. Pro. No. 6:15-ap-01166) and the second against City of Ypsilanti, Michigan, John M. Barr and other persons and
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entities (Adv. Pro. No. 6:15-ap-01167).
The main bankruptcy case was closed on September 21, 2015 and the four related adversary proceedings dismissed for lack of standing or on other grounds.
The United States Trustee moved to reopen the main bankruptcy case on May 26, 2017 on the ground that information had been received suggesting the possibility that Mr. Hann’s Roth IRA, previously treated as an exempt asset, was not in fact exempt. The motion was granted, the case reopened and Karl Anderson was reappointed as chapter 7 trustee to examine the matter. Mr. Anderson withdrew the previous report of no distribution and filed a Notice of Assets on June 5, 2017.
Following the reopening of the case, Mr. Hann filed complaints commencing three new adversary proceedings: (1) Adv. Pro. No. 6:17-ap-01168 (the "1168 Action"); (2) Adv. Pro. No. 6:17-ap-01226 (the "1226 Action"); and (3) Adv. Pro. No. 6:18-
ap-01028 (the "1028 Action"). The nature of these adversary proceedings is described in greater detail below, but, briefly, the 1168 Action and the 1226 Action grow out of disputes between Mr. Hann and various parties over real estate transactions occurring in the State of Michigan and Michigan state court lawsuits growing out of such real estate transactions circa 2012-2016. The 1028 Action alleges that Mr. Anderson breached his duties as chapter 7 trustee by failing to take over these actions as real party in interest and to prosecute them for the bankruptcy estate’s benefit.
The Court ordered Mr. Anderson and his counsel to examine whether they believe Mr. Hann’s Roth IRA is non-exempt estate property that can be used to pay creditors in Mr. Hann’s bankruptcy case. He conducted such examination and reported back to the Court in a filed pleading concluding that, for a number of reasons, he would not object to Mr. Hann’s claim of exemption with respect to his Roth IRA. He then filed a Trustee’s Report of No Distribution and requested that the Court close the main bankruptcy case and dismiss the three pending adversary proceedings mentioned above.
The Court thereupon issued this OSC in order to hear argument on the issue of
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whether the Court should close the case and dismiss the three adversary proceedings.
Mr. Hann clearly would like Mr. Anderson to substitute in as real party in interest in the 1168 Action and the 1226 Action and to litigate against Mr. Hann’s various opponents in controversies arising from the Michigan real estate transactions (and resulting lawsuits) mentioned earlier. On the other hand, Mr. Anderson shows absolutely no interest in taking over these adversary proceedings as the real party in interest.
In the 1168 Action, Mr. Hann alleges that his Roth IRA provisionally sold a condominium located at 207 Ballard, #202, Ypsilanti, Michigan to Stacey M. Hogan on a land sale contract. The condominium was within a development managed by Brickhaven Condominium Association ("Brickhaven"). A dispute erupted after Brickhaven placed a lien on the condominium for alleged nonpayment of assessments on September 25, 2014 and proceeded toward a foreclosure sale. There followed litigation in the Michigan state and federal courts. Mr. Hann asks this Court to determine that the Michigan courts lacked both personal and subject matter jurisdiction over his Roth IRA, that the state court judge in the case, David S. Swartz, violated his rights, that there was fraud on the Michigan courts and that an automatic stay violation occurred in connection with this litigation.
In the 1226 Action, Mr. Hann alleges that his Roth IRA sold a single family residence at 709 Dorset, Ypsilanti Township, Michigan to Francis P. Sakaya and Babalao Investors, LLC ("Dorset Buyers") on January 19, 2012 on a low down payment contract for sale. According to the complaint, the Dorset Buyers defaulted on payments, suffered a forfeiture of their interest in the property but then refused to deliver possession. The complaint alleges that there then followed litigation in the Michigan state courts between Mr. Hann’s Roth IRA, the Dorset Buyers and other parties relating to the property and other claims including tortious interference with contract, abuse of process, perjury, intentional infliction of emotional distress, conversion, unjust enrichment, fraud on the court, conspiracy to defraud, lack of subject matter and personal jurisdiction, judicial misfeasance and Fourth Amendment violations. In the prayer for relief, Mr. Hann asks this Court to declare the Michigan
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state court proceedings void ab initio as in violation of the automatic stay and to award compensatory and punitive damages exceeding $500,000.
In the 1028 Action, the complaint alleges that the chapter 7 trustee wrongfully failed to prosecute the 1168 Action and the 1226 Action for the bankruptcy estate’s benefit and asks the Court to order the trustee to prosecute these actions. The complaint also seeks nominal compensatory and punitive damages against the trustee, totaling $16.00 and demands a jury trial. Also named as defendants are the trustee’s attorneys – the law firm of Shulman Hodges & Bastian LLP and, individually, two attorneys who are members of that firm, Melissa Davis Lowe and Leonard M. Shulman.
In the responses to the OSC, no party has argued that the trustee erred in his determination that Mr. Hann’s claim of exemption with respect to his Roth IRA should remain intact and that the Roth IRA should not be administered for the estate’s benefit. For instance, Mr. Hann writes in his response "The reopening of this case and the removal of the exemption on Debtor Hann’s Roth IRA’s was not based on any credible evidence and was not timely." The Court agrees with Mr. Hann’s argument that his exemption in the Roth IRA should remain intact and unaltered and that the Roth IRA should not be administered for the estate’s benefit. Therefore, the Court closes the main bankruptcy case. 11 U.S.C. § 350.
The Court now turns to the three adversary proceedings.
Most instructive in addressing the Court’s proper course with respect to these adversary proceedings is the unpublished decision of the United States Bankruptcy Appellate Panel for the Ninth Circuit in Armstrong v. IRS (In re Armstrong), BAP Nos. CC-11-1554-KiRnPa, CC-11-1476-KiRnPa, 2013 Bankr. LEXIS 2202 (BAP 9th
Cir., April 8, 2013). The Court relies upon Armstrong in view of its persuasive value.
This Court has "related to" subject matter jurisdiction over the 1168 Action and the 1226 Action. Armstrong holds that bankruptcy courts are not automatically divested of jurisdiction over related to claims when the underlying bankruptcy case has been dismissed. In that circumstance, the bankruptcy court should consider judicial
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economy, convenience, fairness and comity in determining whether to abstain from exercising its jurisdiction. The weighing of these factors is discretionary.
Judicial Economy. The 1168 Action was filed on August 8, 2017. The 1226 Action was filed on November 7, 2017. The Court stayed each of these adversary proceedings by order entered November 13, 2017, and the stay remains in effect as of this writing. Thus, disregarding the period where these actions were stayed, the 1168 Action has been pending for only slightly more than three months, whereas the 1226 Action has been pending for only six days. No discovery has been taken, and no motions for summary judgment have been filed. No trial has commenced. Because of these considerations, this factor weighs in favor of not retaining jurisdiction over either the 1168 Action or the 1226 Action.
Convenience . Nothing prevents Mr. Hann from bringing his claims in the 1168 Action and the 1226 Action before the Michigan state courts. As Armstrong points out, the "inconvenience of having to re-file a complaint in another court does not warrant retention of jurisdiction." This factor disfavors retention of jurisdiction.
Fairness. Mr. Hann alleges in his complaints in the 1168 Action and the 1226 Action that he has not been treated fairly by the lower Michigan state courts (i.e., the trial courts) with respect to his various claims. Whether or not that is true, this Court cannot act as a court of appeal with respect to the Michigan state courts. Mr. Hann’s proper remedy is to seek redress from higher Michigan state courts (i.e., appellate courts), not this Court. These considerations, coupled with the brief time these actions have been pending, compel the conclusion that this factor favors abstention.
Comity. The 1168 Action and the 1226 Action relate to alleged wrongs occurring in the State of Michigan and involve Michigan law. The Court will leave these matters to the Michigan state courts, which (obviously) are much better versed in Michigan law than this Court. This factor strongly favors abstention.
Based upon the foregoing, with all four factors favoring abstention and no factors favoring the retention of jurisdiction, this Court grants the OSC, abstains from hearing
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and determining the 1168 Action and the 1226 Action and orders these adversary proceedings dismissed without prejudice.
The 1028 Action arises in title 11 and therefore is not subject to the Armstrong
analysis which involved adversary proceedings where there was related to jurisdiction.
A motion to strike the complaint and a motion for sanctions were filed in the 1028 Action on or about March 7, 2018 and are set for hearing on April 3, 2018 at 2:00
p.m. The Court will continue the hearings on the motion to strike the complaint and the motion for sanctions to April 26, 2018 at 9:00 a.m. and will therefore continue the hearing on the OSC in the 1028 Action to the same date and time so that all these related matters may be heard together.
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
Karl V Fink Represented By
Jennifer E Duty Eric R Deitz
The State of Michigan Represented By Michael S Hill
Bowen Equities LLC Pro Se
Mirror Equities LLC Pro Se
Thomas M Stulberg Represented By Ryan H Nell
Aaron Selix Represented By
Ryan H Nell
Dewie Smith Represented By
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Ryan H Nell
Starr Butler Alexopoulous & Stoner Represented By
Julie Marquis
Kay Rivest Butler Represented By Julie Marquis
Joshua R Fink Represented By Jennifer E Duty Eric R Deitz
Naomi E Fink Represented By
Jennifer E Duty Eric R Deitz
Old Town Realty Inc Represented By Ryan H Nell
Anne Marie Williams Represented By Ryan H Nell
Fink & Valvo PLLC Represented By Jennifer E Duty Eric R Deitz
Brickhaven Condominium Represented By Ryan H Nell
David W Schelberg Represented By Julie Marquis
Plaintiff(s):
Gary S Hann Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
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Hrg. on Order to Show Cause re: Dismissal and Closure of Case
Docket 0
The matter before the Court is the Court’s order to show cause (the "OSC") why this main bankruptcy case should not be closed and why this Court should not dismiss three related adversary proceedings commenced by the debtor, Gary S. Hann ("Mr. Hann"), after the case had been reopened in May 2017 or in the alternative abstain from hearing such adversary proceedings. Mr. Hann opposes the closure of the case and the dismissal of the three related adversary proceedings. The State of Michigan and other defendants favor the dismissal of the adversary proceedings in which they are defendants.
Mr. Hann filed a chapter 7 petition in this Court on September 27, 2014. On November 6, 2014, chapter 7 trustee Karl Anderson ("Mr. Anderson") filed a report of no distribution. Mr. Hann was granted a discharge on January 12, 2015.
Three days before entry of the discharge, on January 9, 2015, Mr. Hann filed complaints commencing two adversary proceedings, the first against the State of Michigan Department of the Treasury (Adv. Pro. No. 6:15-ap-01006) and the second against Harvey Schwartz and Schwartz Property Management (Adv. Pro. No. 6:15- ap-01007).
Subsequently, on June 9, 2015, Mr. Hann filed complaints commencing two additional adversary proceedings, the first against Terrence P. Bronson, J. Cedric Simpson and other individuals and entities (Adv. Pro. No. 6:15-ap-01166) and the second against City of Ypsilanti, Michigan, John M. Barr and other persons and
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entities (Adv. Pro. No. 6:15-ap-01167).
The main bankruptcy case was closed on September 21, 2015 and the four related adversary proceedings dismissed for lack of standing or on other grounds.
The United States Trustee moved to reopen the main bankruptcy case on May 26, 2017 on the ground that information had been received suggesting the possibility that Mr. Hann’s Roth IRA, previously treated as an exempt asset, was not in fact exempt. The motion was granted, the case reopened and Karl Anderson was reappointed as chapter 7 trustee to examine the matter. Mr. Anderson withdrew the previous report of no distribution and filed a Notice of Assets on June 5, 2017.
Following the reopening of the case, Mr. Hann filed complaints commencing three new adversary proceedings: (1) Adv. Pro. No. 6:17-ap-01168 (the "1168 Action"); (2) Adv. Pro. No. 6:17-ap-01226 (the "1226 Action"); and (3) Adv. Pro. No. 6:18-
ap-01028 (the "1028 Action"). The nature of these adversary proceedings is described in greater detail below, but, briefly, the 1168 Action and the 1226 Action grow out of disputes between Mr. Hann and various parties over real estate transactions occurring in the State of Michigan and Michigan state court lawsuits growing out of such real estate transactions circa 2012-2016. The 1028 Action alleges that Mr. Anderson breached his duties as chapter 7 trustee by failing to take over these actions as real party in interest and to prosecute them for the bankruptcy estate’s benefit.
The Court ordered Mr. Anderson and his counsel to examine whether they believe Mr. Hann’s Roth IRA is non-exempt estate property that can be used to pay creditors in Mr. Hann’s bankruptcy case. He conducted such examination and reported back to the Court in a filed pleading concluding that, for a number of reasons, he would not object to Mr. Hann’s claim of exemption with respect to his Roth IRA. He then filed a Trustee’s Report of No Distribution and requested that the Court close the main bankruptcy case and dismiss the three pending adversary proceedings mentioned above.
The Court thereupon issued this OSC in order to hear argument on the issue of
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whether the Court should close the case and dismiss the three adversary proceedings.
Mr. Hann clearly would like Mr. Anderson to substitute in as real party in interest in the 1168 Action and the 1226 Action and to litigate against Mr. Hann’s various opponents in controversies arising from the Michigan real estate transactions (and resulting lawsuits) mentioned earlier. On the other hand, Mr. Anderson shows absolutely no interest in taking over these adversary proceedings as the real party in interest.
In the 1168 Action, Mr. Hann alleges that his Roth IRA provisionally sold a condominium located at 207 Ballard, #202, Ypsilanti, Michigan to Stacey M. Hogan on a land sale contract. The condominium was within a development managed by Brickhaven Condominium Association ("Brickhaven"). A dispute erupted after Brickhaven placed a lien on the condominium for alleged nonpayment of assessments on September 25, 2014 and proceeded toward a foreclosure sale. There followed litigation in the Michigan state and federal courts. Mr. Hann asks this Court to determine that the Michigan courts lacked both personal and subject matter jurisdiction over his Roth IRA, that the state court judge in the case, David S. Swartz, violated his rights, that there was fraud on the Michigan courts and that an automatic stay violation occurred in connection with this litigation.
In the 1226 Action, Mr. Hann alleges that his Roth IRA sold a single family residence at 709 Dorset, Ypsilanti Township, Michigan to Francis P. Sakaya and Babalao Investors, LLC ("Dorset Buyers") on January 19, 2012 on a low down payment contract for sale. According to the complaint, the Dorset Buyers defaulted on payments, suffered a forfeiture of their interest in the property but then refused to deliver possession. The complaint alleges that there then followed litigation in the Michigan state courts between Mr. Hann’s Roth IRA, the Dorset Buyers and other parties relating to the property and other claims including tortious interference with contract, abuse of process, perjury, intentional infliction of emotional distress, conversion, unjust enrichment, fraud on the court, conspiracy to defraud, lack of subject matter and personal jurisdiction, judicial misfeasance and Fourth Amendment violations. In the prayer for relief, Mr. Hann asks this Court to declare the Michigan
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state court proceedings void ab initio as in violation of the automatic stay and to award compensatory and punitive damages exceeding $500,000.
In the 1028 Action, the complaint alleges that the chapter 7 trustee wrongfully failed to prosecute the 1168 Action and the 1226 Action for the bankruptcy estate’s benefit and asks the Court to order the trustee to prosecute these actions. The complaint also seeks nominal compensatory and punitive damages against the trustee, totaling $16.00 and demands a jury trial. Also named as defendants are the trustee’s attorneys – the law firm of Shulman Hodges & Bastian LLP and, individually, two attorneys who are members of that firm, Melissa Davis Lowe and Leonard M. Shulman.
In the responses to the OSC, no party has argued that the trustee erred in his determination that Mr. Hann’s claim of exemption with respect to his Roth IRA should remain intact and that the Roth IRA should not be administered for the estate’s benefit. For instance, Mr. Hann writes in his response "The reopening of this case and the removal of the exemption on Debtor Hann’s Roth IRA’s was not based on any credible evidence and was not timely." The Court agrees with Mr. Hann’s argument that his exemption in the Roth IRA should remain intact and unaltered and that the Roth IRA should not be administered for the estate’s benefit. Therefore, the Court closes the main bankruptcy case. 11 U.S.C. § 350.
The Court now turns to the three adversary proceedings.
Most instructive in addressing the Court’s proper course with respect to these adversary proceedings is the unpublished decision of the United States Bankruptcy Appellate Panel for the Ninth Circuit in Armstrong v. IRS (In re Armstrong), BAP Nos. CC-11-1554-KiRnPa, CC-11-1476-KiRnPa, 2013 Bankr. LEXIS 2202 (BAP 9th
Cir., April 8, 2013). The Court relies upon Armstrong in view of its persuasive value.
This Court has "related to" subject matter jurisdiction over the 1168 Action and the 1226 Action. Armstrong holds that bankruptcy courts are not automatically divested of jurisdiction over related to claims when the underlying bankruptcy case has been dismissed. In that circumstance, the bankruptcy court should consider judicial
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economy, convenience, fairness and comity in determining whether to abstain from exercising its jurisdiction. The weighing of these factors is discretionary.
Judicial Economy. The 1168 Action was filed on August 8, 2017. The 1226 Action was filed on November 7, 2017. The Court stayed each of these adversary proceedings by order entered November 13, 2017, and the stay remains in effect as of this writing. Thus, disregarding the period where these actions were stayed, the 1168 Action has been pending for only slightly more than three months, whereas the 1226 Action has been pending for only six days. No discovery has been taken, and no motions for summary judgment have been filed. No trial has commenced. Because of these considerations, this factor weighs in favor of not retaining jurisdiction over either the 1168 Action or the 1226 Action.
Convenience . Nothing prevents Mr. Hann from bringing his claims in the 1168 Action and the 1226 Action before the Michigan state courts. As Armstrong points out, the "inconvenience of having to re-file a complaint in another court does not warrant retention of jurisdiction." This factor disfavors retention of jurisdiction.
Fairness. Mr. Hann alleges in his complaints in the 1168 Action and the 1226 Action that he has not been treated fairly by the lower Michigan state courts (i.e., the trial courts) with respect to his various claims. Whether or not that is true, this Court cannot act as a court of appeal with respect to the Michigan state courts. Mr. Hann’s proper remedy is to seek redress from higher Michigan state courts (i.e., appellate courts), not this Court. These considerations, coupled with the brief time these actions have been pending, compel the conclusion that this factor favors abstention.
Comity. The 1168 Action and the 1226 Action relate to alleged wrongs occurring in the State of Michigan and involve Michigan law. The Court will leave these matters to the Michigan state courts, which (obviously) are much better versed in Michigan law than this Court. This factor strongly favors abstention.
Based upon the foregoing, with all four factors favoring abstention and no factors favoring the retention of jurisdiction, this Court grants the OSC, abstains from hearing
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and determining the 1168 Action and the 1226 Action and orders these adversary proceedings dismissed without prejudice.
The 1028 Action arises in title 11 and therefore is not subject to the Armstrong
analysis which involved adversary proceedings where there was related to jurisdiction.
A motion to strike the complaint and a motion for sanctions were filed in the 1028 Action on or about March 7, 2018 and are set for hearing on April 3, 2018 at 2:00
p.m. The Court will continue the hearings on the motion to strike the complaint and the motion for sanctions to April 26, 2018 at 9:00 a.m. and will therefore continue the hearing on the OSC in the 1028 Action to the same date and time so that all these related matters may be heard together.
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
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Hrg. on trustee's final report; applications for compensation
Docket 0
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$12,610.12 and expenses in the amount of $64.98.
The compensation is approved as to Shulman Hodges & Bastian, with fees in the amount of $46,819.50 and expenses in the amount of $1,700.50.
The compensation is approved as to Menchaca & Co., LLP, with fees in the amount of $5,382.00 and expenses in the amount of $117.09.
The priority claim of $113,993.29 of Flor Aguirre is allowed.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Luis Santiago Aguirre Represented By Frank J Alvarado
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Trustee(s):
Helen R. Frazer (TR) Represented By Leonard M Shulman Rika Kido
Shulman Hodges & Bastian LLP
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Hrg on Trustee's Final Report and Applications for Compensation
Docket 51
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The Court will allow the Trustee’s fees of $33,000.00, although it appears that only $18,271.22 is available for payment to the Trustee. Expenses of $158.86 are allowed.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ann Susan Carter Represented By Gene E O'Brien
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Hrg. on Debtor's Motion filed 2/26/18 For Sale of Property of the Estate under Section 363(b) - Pursuant To 11 U.S.C. §363 Free And Clear Of All Liens, Claims And Interests, And Granting Certain Other Related Relief
Docket 129
Grant the motion; provided that the San Bernardino County Treasurer and Tax Collector’s claim and Arrow Highway’s claim will be paid in full out of escrow.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
WHAA LLC Represented By
M Jonathan Hayes
2:00 PM
Hrg on United States Trustee Motion To Convert Or Dismiss Chapter 11 Case
Docket 64
- NONE LISTED -
Debtor(s):
Robert Kenneth Phelps Represented By Todd L Turoci Marc Rosenthal
Joint Debtor(s):
Sharon Lee Phelps Represented By Todd L Turoci
2:00 PM
CONT'D Hrg on Trustee's Motion for Order Compelling Turnover of Unscheduled Estate Property and Documents
From: 2/27/18
Docket 29
- NONE LISTED -
Debtor(s):
Steven Michael Hodgden Represented By Gary S Saunders
Joint Debtor(s):
Christina Hodgden Represented By Gary S Saunders
Trustee(s):
Todd A. Frealy (TR) Represented By
Michelle A Marchisotto
2:00 PM
Hrg on Creditor Daniel's Jewelers Motion for 2004 Examination of the Debtor
Docket 19
- NONE LISTED -
Debtor(s):
Scott L Salmons Represented By Terrence Fantauzzi
Joint Debtor(s):
Dawn M Salmons Represented By Terrence Fantauzzi
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
CONT'D STATUS CONFERENCE Hearing
(Set per Order Entered 2-7-17)
FR: 5-1-17; 6-19-17; 7-31-17; 3-28-18
Docket 0
The Court will inquire into the trustee’s intentions with respect to filing a final report and closing the case.
Next status conference: TBD COURT TO PREPARE ORDER.
Debtor(s):
Management VI Properties, LLC Represented By
Donald Segretti
Trustee(s):
Richard A Marshack (TR) Represented By David Wood D Edward Hays
Elmer D Martin III
9:00 AM
CONT'D Hearing RE: Motion Of Chapter 7 Trustee For An Order Denying Debtor's Claims Of Exemptions - Homestead And Savings/Checking (Motion filed 11/18/16)
FR: 1-9-17; 2-6-17; 3-20-17; 6-28-17; 11-13-17
Docket 651
Continue to May 9, 2018 at 9:00 a.m. with an updated status report due May 2, 2018 (which may be a single report covering all pending matters).
COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
CONT'D Hearing RE: Debtor's Motion To Compel Trustee To Return Debtor's Post-Petition Income
(Motion filed 7/11/16)
FR: 8-1-16; 11-14-16; 1-9-17; 2-6-17; 6-28-17; 11-13-17
Docket 510
Continue to May 9, 2018 at 9:00 a.m. with an updated status report due May 2, 2018 (which may be a single report covering all pending matters).
COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Movant(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson
9:00 AM
Robert P Goe
9:00 AM
CONT'D Hearing RE: Motion Of Chapter 7 Trustee To Strike Those Portions Of Debtor's Opposition To Supplemental Application Of Trustee To Employ Hahn Fife & Company, LLP, As Accountants, Or In The Alternative, For Nunc Pro Tunc Employment Of Desmond, Marcello & Amster Which Are In Violation Of The Court's Order Continuing Hearing On Chapter 7 Trustee's Motion For Turnover Of Post-Petition Value Received By Debtor From C3 Lighting, Inc. [Docket No. 581]
(Motion filed 10/17/16)
FR: 10-24-16; 1-9-17; 2-6-17; 6-28-17; 11-13-17
Docket 611
Continue to May 9, 2018 at 9:00 a.m. with an updated status report due May 2, 2018 (which may be a single report covering all pending matters).
COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Movant(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
CONT'D Evidentiary Hearing RE: Motion For Turnover Of Post-Petition Value Received By Debtor From C3 Lighting, Inc.
(Motion filed 5/26/16)
(Evidentiary hearing set at hearing held 8/1/16)
FR: 6-20-16; 8-1-16; 9-19-16; 10-24-16; 1-9-17; 2-6-17; 6-28-17; 11-13-17
Docket 487
Continue to May 9, 2018 at 9:00 a.m. with an updated status report due May 2, 2018 (which may be a single report covering all pending matters).
COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Movant(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders
9:00 AM
Brian R Nelson Robert P Goe
9:00 AM
CONT'D Hearing RE: Supplemental Application Of Trustee To Employ Hahn Fife & Company, LLP As Accountants, Or In The Alternative, For Nunc Pro Tunc Employment Of Desmond, Marcello & Amster
(Application filed 6/14/16) (Supplement Application filed 10/3/16) FR: 10-24-16; 1-9-17; 2-6-17; 6-28-17; 11-13-17
Docket 591
Continue to May 9, 2018 at 9:00 a.m. with an updated status report due May 2, 2018 (which may be a single report covering all pending matters).
COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Movant(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders
9:00 AM
Brian R Nelson Robert P Goe
9:00 AM
Adv#: 8:16-01123 Naylor v. Farrell
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For
Equitable Subordination Of Claim,
Breach Of Fiduciary Duty, And
Declaratory Relief
(Complaint filed 5/2/16) (First Amended Complaint filed 9/30/16)
FR: 7-27-16; 9-14-16; 10-12-16; 12-8-16; 2-15-17; 3-6-17; 3-20-17; 6-28-17;
11-13-17
Docket 19
Continue to May 9, 2018 at 9:00 a.m. with an updated status report due May 2, 2018 (which may be a single report covering all pending matters).
COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Defendant(s):
Betty Farrell Represented By
D Edward Hays
Plaintiff(s):
Karen Sue Naylor Represented By
9:00 AM
Trustee(s):
Robert P Goe
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
Adv#: 8:16-01123 Naylor v. Farrell
CONT'D Hearing RE: Motion To Dismiss Under FRCP 12(b)(6) (Motion filed 1/17/17)
FR: 3-6-17; 3-20-17; 6-28-17; 11-13-17
Docket 33
Continue to May 9, 2018 at 9:00 a.m. with an updated status report due May 2, 2018 (which may be a single report covering all pending matters).
COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Defendant(s):
Betty Farrell Represented By
D Edward Hays
Movant(s):
Betty Farrell Represented By
D Edward Hays
Plaintiff(s):
Karen Sue Naylor Represented By
9:00 AM
Trustee(s):
Robert P Goe
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
Adv#: 8:16-01204 Naylor v. Farrell et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
For An Accounting;
To Avoid Actual Fraudulent Transfers;
To Avoid Constructively Fraudulent Transfers;
To Recover Property Fraudulently Transferred;
For Turnover Of Property Of The Estate; And,
For Equitable Subordination Of The Claim Of Richard E. Farrell (Complaint filed 9/16/16)
FR: 12-7-16; 5-31-17; 10-4-17; 11-29-17
Docket 1
- NONE LISTED -
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Defendant(s):
Richard C. Farrell Pro Se
Richard E. Farrell Pro Se
Irma Farrell Pro Se
C3 Lighting Solutions, Inc. Pro Se
9:00 AM
Plaintiff(s):
Karen Sue Naylor Represented By Nanette D Sanders Brian R Nelson
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
Adv#: 8:16-01216 Naylor v. Farrell
CONT'D STATUS CONFERENCE Hearing RE: Complaint Objecting To Discharge Pursuant To 11 U.S.C. Section 727
(Complaint filed 9/30/16)
FR: 12-21-16; 2-6-17; 6-28-17; 11-13-17
Docket 1
Continue to May 9, 2018 at 9:00 a.m. with an updated status report due May 2, 2018 (which may be a single report covering all pending matters).
COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Defendant(s):
Richard Clark Farrell Represented By Michael G Spector
Plaintiff(s):
Karen Sue Naylor Represented By Nanette D Sanders Brian R Nelson
9:00 AM
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: (1) Status
Of Chapter 11 Case; And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/1/14)
12-10-14; 1-21-15; 3-4-15; 6-17-15; 9-16-15; 12-2-15; 1-27-16; 4-6-16; 5-4-16;
8-17-16; 12-7-16; 1-11-17; 3-8-17; 4-19-17; 5-31-17; 10-16-17
[Tele. appr., James W. Kirkconnell, repr., Reach Laboratories - LISTEN ONLY]
Docket 0
Continue to July 25, 2018 at 9:00 a.m. with an updated status report due July 18, 2018.
COURT TO PREPARE ORDER.
Debtor(s):
Advanced Biomedical, Inc. Represented By Asa W Markel Dixon Gardner
Robert S Marticello Philip E Strok
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 4/1/15)
FR: 6-17-15; 9-2-15; 12-2-15; 3-16-16; 4-25-16; 8-3-16; 8-24-16; 11-9-16;
2-15-17; 5-31-17; 9-13-17; 10-4-17; 12-6-17
Docket 1
Continue the status conference to September 12, 2018 at 9:00 a.m. An updated status report is due September 5, 2018 .
COURT TO PREPARE ORDER.
Debtor(s):
Geoffrey Floyd Wilson Represented By Michael Jones Laily Boutaleb Sara Tidd
Joint Debtor(s):
Dawn Laureen Wilson Represented By Michael Jones Laily Boutaleb Sara Tidd
9:00 AM
Adv#: 8:17-01183 Official Committee Of Unsecured Creditors v. Bottomley & Associates, LLC
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
[Tele. appr., Jeannie Kim, repr., Oracle America, Inc.]
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on June 30, 2018.
Expert reports under Rule 26 are due August 31, 2018, and responses to such reports are due September 15, 2018.
All discovery motions shall be heard before October 31, 2018.
All pretrial motions (except motions in limine) shall be heard before November 30, 2018.
Pretrial conference is set for December 19, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel
9:00 AM
Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Bottomley & Associates, LLC Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01184 Official Committee Of Unsecured Creditors v. Professional Courier &
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on June 30, 2018.
Expert reports under Rule 26 are due August 31, 2018, and responses to such reports are due September 15, 2018.
All discovery motions shall be heard before October 31, 2018.
All pretrial motions (except motions in limine) shall be heard before November 30, 2018.
Pretrial conference is set for December 19, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
9:00 AM
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Professional Courier & Newspaper Represented By
Justin D Harris
Brandt Brothers, LLC Represented By Justin D Harris
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01185 Official Committee Of Unsecured Creditors v. Computer Composition
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Computer Composition International Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01186 Official Committee Of Unsecured Creditors v. Circulation Technicians, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
[Tele. appr., Scott A. Schiff, repr., Circulation Technicians, Inc.]
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on June 30, 2018.
Expert reports under Rule 26 are due August 31, 2018, and responses to such reports are due September 15, 2018.
All discovery motions shall be heard before October 31, 2018.
All pretrial motions (except motions in limine) shall be heard before November 30, 2018.
Pretrial conference is set for December 19, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel
9:00 AM
Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Circulation Technicians, Inc. Represented By Scott A Schiff
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01187 Official Committee Of Unsecured Creditors v. Data-Dynamix Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
(Another Summons issued 11/28/17)
Docket 1
The Court will set a deadline of June 15, 2018 for hearing a motion for entry of default judgment.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Data-Dynamix Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01188 Official Committee Of Unsecured Creditors v. Gabriels Technology
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
(Another Summons issued 11/27/17)
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on June 30, 2018.
Expert reports under Rule 26 are due August 31, 2018, and responses to such reports are due September 15, 2018.
All discovery motions shall be heard before October 31, 2018.
All pretrial motions (except motions in limine) shall be heard before November 30, 2018.
Pretrial conference is set for December 19, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen
9:00 AM
Alan J Friedman Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Gabriels Technology Solutions, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01189 Official Committee Of Unsecured Creditors v. Gracenote, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
The Court will set a deadline of June 15, 2018 for hearing a motion for entry of default judgment.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Gracenote, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
9:00 AM
Adv#: 8:17-01190 Official Committee Of Unsecured Creditors v. Happiest Minds Technologies
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
Continue the status conference to June 6, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Happiest Minds Technologies Represented By Shu-Lin Tung
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
9:00 AM
Adv#: 8:17-01191 Official Committee Of Unsecured Creditors v. Oath Inc. et al
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on June 30, 2018.
Expert reports under Rule 26 are due August 31, 2018, and responses to such reports are due September 15, 2018.
All discovery motions shall be heard before October 31, 2018.
All pretrial motions (except motions in limine) shall be heard before November 30, 2018.
Pretrial conference is set for December 19, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
9:00 AM
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Oath Inc. Pro Se
Oath Brands, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01193 Official Committee Of Unsecured Creditors v. One Stop Printing & Design
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
[Tele. appr., Stuart I. Koenig, repr., One Stop Printing]
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on June 30, 2018.
Expert reports under Rule 26 are due August 31, 2018, and responses to such reports are due September 15, 2018.
All discovery motions shall be heard before October 31, 2018.
All pretrial motions (except motions in limine) shall be heard before November 30, 2018.
Pretrial conference is set for December 19, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel
9:00 AM
Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
One Stop Printing & Design Co., Represented By
Alan M Kindred Stuart I Koenig
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01194 Official Committee Of Unsecured Creditors v. Optimus Group, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on June 30, 2018.
Expert reports under Rule 26 are due August 31, 2018, and responses to such reports are due September 15, 2018.
All discovery motions shall be heard before October 31, 2018.
All pretrial motions (except motions in limine) shall be heard before November 30, 2018.
Pretrial conference is set for December 19, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
9:00 AM
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Optimus Group, Inc. Represented By Jeffrey D Cawdrey
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01195 Official Committee Of Unsecured Creditors v. Oracle America, Inc.,
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on June 30, 2018.
Expert reports under Rule 26 are due August 31, 2018, and responses to such reports are due September 15, 2018.
All discovery motions shall be heard before October 31, 2018.
All pretrial motions (except motions in limine) shall be heard before November 30, 2018.
Pretrial conference is set for December 19, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
9:00 AM
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Oracle America, Inc., successor in Represented By
Jeannie Kim
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01196 Official Committee Of Unsecured Creditors v. Ownlocal, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
[Tele. appr., Barry M. Golden, repr., Ownlocal]
Docket 1
The Court will set a deadline of June 15, 2018 for hearing a motion for entry of default judgment.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Ownlocal, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
9:00 AM
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01197 Official Committee Of Unsecured Creditors v. Simplifi Holdings, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
Continue the status conference to June 6, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Simplifi Holdings, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01198 Official Committee Of Unsecured Creditors v. Software AG USA, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
Continue the status conference to June 6, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Software AG USA, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01199 Official Committee Of Unsecured Creditors v. Veritiv Operating Company
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on June 30, 2018.
Expert reports under Rule 26 are due August 31, 2018, and responses to such reports are due September 15, 2018.
All discovery motions shall be heard before October 31, 2018.
All pretrial motions (except motions in limine) shall be heard before November 30, 2018.
Pretrial conference is set for December 19, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
9:00 AM
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Veritiv Operating Company Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01200 Official Committee Of Unsecured Creditors v. 82Wolverine Distributing
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on June 30, 2018.
Expert reports under Rule 26 are due October 31, 2018, and responses to such reports are due November 15, 2018.
All discovery motions shall be heard before December 15, 2018.
A further status conference is set for November 28, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang
9:00 AM
Scott D Fink Reed M Mercado
Defendant(s):
82Wolverine Distributing Represented By David Cantrell Matthew J Kraus
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:18-01002 Kosmala v. Savannah Corp. et al
STATUS CONFERENCE Hearing RE: Complaint For Avoidance Of Fraudulent Transfers (11 U.S.C. Section 548, And/Or Section 544); Avoidance Of Preferential Transfers (11 U.S.C. Section 547); And Conversion
(Complaint filed 1/5/18)
Docket 1
NONE LISTED -
Debtor(s):
C & W Murphy and Associates, Inc. Represented By
D Edward Hays
Defendant(s):
Savannah Corp. Pro Se
The Olivia Group Pro Se
Reagan Industries, Inc. Pro Se William J Murphy and Cheryl Lynn Pro Se Cristen Durham Pro Se
Jacquelyn Murphy Romero Pro Se
Brandon Durham Pro Se
Margaret Murphy Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Erin P Moriarty
9:00 AM
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
9:00 AM
Adv#: 8:18-01003 Kosmala v. Infinity Builders, Inc. et al
STATUS CONFERENCE Hearing RE: Complaint For Avoidance Of Fraudulent Transfers (11 U.S.C. Section 548, And/Or Section 544) And/Or Preferential Transfers (11 U.S.C. Section 547)
(Complaint filed 1/5/18)
Docket 1
NONE LISTED -
Debtor(s):
C & W Murphy and Associates, Inc. Represented By
D Edward Hays
Defendant(s):
Infinity Builders, Inc. Pro Se
Ashley N. Belthius Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Erin P Moriarty
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
9:00 AM
Adv#: 8:18-01004 Kosmala v. First Farmers Bank & Truste Co. et al
STATUS CONFERENCE Hearing RE: Complaint For Declaratory Relief; Avoidance Of Lien (11 U.S.C. Section 544, And/Or Section 548); Accounting; And Objection To Claim (11 U.S.C. Section 502)
(Complaint filed 1/5/18)
Docket 1
NONE LISTED -
Debtor(s):
C & W Murphy and Associates, Inc. Represented By
D Edward Hays
Defendant(s):
First Farmers Bank & Truste Co. Pro Se
Vohne Liche Kennels, Inc. Pro Se
VLK Risk Consultants, Inc. Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Erin P Moriarty
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
9:00 AM
Adv#: 8:17-01076 The William G. Joiner Trust Dated 2/6/02 v. Magness et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Exception To Discharge Under 11 U.S.C. Section 523
(Complaint filed 5/15/17) (PTC set at S/C held 8/2/17)
FR: 8-2-17
Docket 0
The Court will continue the pretrial conference to May 2, 2018 at 9:00 a.m. to give the parties additional time to arrive at a joint proposed pretrial order or stipulation.
COURT TO PREPARE ORDER.
Debtor(s):
Shannon Marie Magness Pro Se
Defendant(s):
Shannon Marie Magness Pro Se
Kelly Scott Johnson Pro Se
Joint Debtor(s):
Kelly Scott Johnson Pro Se
Plaintiff(s):
The William G. Joiner Trust Dated Represented By
Meghan C Sherrill Penelope Parmes
9:00 AM
Trustee(s):
Michael E McCarthy
Richard A Marshack (TR) Pro Se
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 12/27/16)
FR: 3-8-17; 8-2-17; 11-29-17
Docket 0
Continue the status conference to August 8, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
9:00 AM
Adv#: 8:17-01051 Diamond Enterprises, LTD., LP v. Younessi
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Determination That Debt Is Non-Dischargeable Pursuant To 11 U.S.C. Sections 523(a)(2), (a) (4), (a)(6), And (a)(9)
(Complaint filed 4/10/17)
(Another Summons issued 6/8/17) (PTC set at S/C held 9/13/17)
FR: 6-28-17; 8-30-17; 9-13-17
Docket 1
NONE LISTED -
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
Defendant(s):
Michael Younessi Represented By
Roger Frederickson
Plaintiff(s):
Diamond Enterprises, LTD., LP Represented By
M Douglas Flahaut
9:00 AM
Adv#: 8:17-01051 Diamond Enterprises, LTD., LP v. Younessi
CONT'D Hearing RE: Amended Motion For Summary Judgment And/Or Partial Summary Adjudication Pursuant To Federal Rule Of Bankruptcy Procedure 7056
(Motion filed 11/1/17) (Amended Motion filed 11/3/17) FR: 12-13-17; 1-10-18
Docket 44
Genuine issues of law and fact exist as to the possible application of the accord and satisfaction doctrine. The motion is denied with prejudice.
DEBTOR-DEFENDANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
Defendant(s):
Michael Younessi Represented By
Roger Frederickson
Movant(s):
Diamond Enterprises, LTD., LP Represented By
M Douglas Flahaut
Diamond Enterprises, LTD., LP Represented By
M Douglas Flahaut
9:00 AM
Plaintiff(s):
Diamond Enterprises, LTD., LP Represented By
M Douglas Flahaut
9:00 AM
Adv#: 8:17-01078 Corbin et al v. Corbin et al
Hearing RE: Motion To Dismiss Case Without Prejudice Pursuant To Stipulation With Creditor Daniel Neskovic
(Motion filed 3/3/18)
Docket 46
Grant the motion and dismiss without prejudice.
MOVANTS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones Sara Tidd
Defendant(s):
Joshua Corbin Represented By John H Pentecost
Jaen Industries, LLC Represented By John H Pentecost
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones Sara Tidd
Movant(s):
Dean Corbin Pro Se
9:00 AM
Dean Lavar Corbin Represented By Michael Jones Sara Tidd
Lianne Corbin Represented By Michael Jones Sara Tidd
Plaintiff(s):
Dean Lavar Corbin Represented By Michael Jones Sara Tidd
Lianne Corbin Represented By Michael Jones Sara Tidd
3:00 PM
Hearing RE: Order To Show Cause Why Confirmation Order Should Not Be Vacated
(Set per OSC Entered 2/22/18)
Docket 39
The Court issued this order to show cause because income reported on the debtors’ 2014 and 2015 federal income tax returns was materially inconsistent with the income reported by debtor Robert J. Candy ("Mr. Candy") on Schedule I of the debtors’ bankruptcy petition.
Debtors filed a chapter 13 petition on December 10, 2014 and had a chapter 13 plan confirmed on March 4, 2015.
On Schedule I, Mr. Candy reported his employment status as "retired" and his income from wages, salary, commissions and business profits as zero. However, on Schedule C of debtors’ 2014 federal income tax return, debtors reported that Mr. Candy was engaged in the business of "Architecture", that he materially participated in this business, that he had gross income and net income of $91,920 and $47,419, respectively. Schedule C on debtors’ 2015 federal income tax return again shows that Mr. Candy was engaged in the business of "Architecture", that he materially participated in this business and that he had gross income and net income of $127,238 and $72,582, respectively.
Debtors had a full and fair opportunity to explain these material disparities and inconsistencies and filed a pleading on or about February 20, 2018 that references on its first page this OSC hearing (the "Debtors’ Brief").
3:00 PM
The Debtors’ Brief alleges that Mr. Candy worked as an independent contractor school inspector prior to filing bankruptcy but had not worked between September 2014 and the date of the bankruptcy filing in December 2014. The Debtors’ Brief further alleges that he picked up a new project and began working and earning income again in March 2015. These allegations are wholly unsupported by any credible evidence. Amazingly, there is no declaration by Mr. Candy in support of Debtors’ Brief. All the Court has before it in terms of a declaration is the declaration of Mr.
Candy’s wife, Saundra Lee Candy ("Mrs. Candy") , but that declaration lacks foundation – there is no sufficient showing that Mrs. Candy knows anything about Mr. Candy’s business or when he began or ceased work or, more important, what his reasonable expectations were about profits from his independent contractor business.
To all appearances (and these appearances have not been rebutted by debtors, despite an opportunity to do so), this is a case of a debtor playing fast and loose with the bankruptcy system, pretending to retire a few months before filing chapter 13, then abandoning a false and phony "retirement" a few months later to resume work and using this as a convenient opportunity to report zero income from a business and thereby materially reduce required payments under a chapter 13 plan. What occurred here is a fraud on the Court and a fraud on the bankruptcy system.
The confirmation order is vacated, and debtors’ motion to modify the plan is denied as moot in view of the vacatur of the confirmation order.
Debtor(s):
Robert James Candy Represented By Todd L Turoci
Joint Debtor(s):
Saundra Lee Candy Represented By Todd L Turoci
3:00 PM
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 6:16-01299 BioData Medical Laboratories, Inc. v. Merchant Cash & Capital, LLC.
PRE-TRIAL CONFERENCE re: Complaint by BioData Medical Laboratories, Inc. against Merchant Cash & Capital, LLC.. (Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(72 (Injunctive relief - other)),(91 (Declaratory judgment))
(Con't from 12/21/17)
Docket 1
NONE LISTED -
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan
Defendant(s):
Merchant Cash & Capital, LLC. Pro Se
Plaintiff(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan
9:00 AM
Adv#: 6:17-01010 BioData Medical Laboratories, Inc. v. Yellowstone Capital West, LLC et al
PRE-TRIAL CONFERENCE re: Complaint by BioData Medical Laboratories, Inc. against Yellowstone Capital West, LLC, Merchant Source, Inc.. Nature of Suit: (91 (Declaratory judgment)),(13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)),(72 (Injunctive relief - other))
(Cont from 1/18/18)
Docket 1
NONE LISTED -
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan Joseph N Darweesh
Defendant(s):
Yellowstone Capital West, LLC Represented By Johnny White
Merchant Source, Inc. Pro Se
Plaintiff(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan
Trustee(s):
Todd A. Frealy (TR) Represented By Eve H Karasik Jeffrey S Kwong
9:00 AM
Juliet Y Oh Carmela Pagay
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 12/7/17)
Docket 1
The Court will inquire into (1) compliance with United States Trustee guidelines and requirements and (2) future directions for the case.
Next status conference: August 9, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
WHAA LLC Represented By
M Jonathan Hayes
2:15 PM
Hrg on Approval of Reaffirmation Agreement Between Debtor and Alaska USA Federal Credit Union in the amount of $39,443.01
Docket 25
NONE LISTED -
Debtor(s):
Steven Michael Hodgden Represented By Gary S Saunders
Joint Debtor(s):
Christina Hodgden Represented By Gary S Saunders
Trustee(s):
Todd A. Frealy (TR) Represented By
Michelle A Marchisotto
2:15 PM
Hrg. on Approval of Reaffirmation Agreement filed 2/20/18 between Debtors and Alaska USA Federal Credit Union in the amount of $11,683.17
RE: 2013 Ford F-150
Docket 10
NONE LISTED -
Debtor(s):
Deron Thomas McCandless Pro Se
Joint Debtor(s):
Christy Lynn McCandless Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
2:15 PM
Hrg on approval of Reaffirmation Agreement Between Debtor and CarMax Auto Finance in the amount of $14,944.14
Docket 11
NONE LISTED -
Debtor(s):
Bennie Allen Nelms Represented By
C Scott Rudibaugh
Joint Debtor(s):
Nina Gail Nelms Represented By
C Scott Rudibaugh
Trustee(s):
John P Pringle (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing vs. DEBTORS (Motion filed 3/7/18)
[RE: 17174 Fielding Street, Detroit, Michigan 48219]
Docket 47
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
- Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Eric Joseph Bolstad Represented By
9:00 AM
Douglas L Weeks
Joint Debtor(s):
Norma Renee Bolstad Represented By Douglas L Weeks
Movant(s):
New Penn Financial, LLC d/b/a Represented By
Erin M McCartney
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, Not Individually But As Trustee For Pretium Mortgage Acquisition Trust, Its Assignees And/Or Successors vs. DEBTORS
(Motion filed 3/8/17)
[RE: 24 Hillrise, Trabuco Canyon, CA 92679]
Docket 40
- NONE LISTED -
Debtor(s):
Richard E. Abeyta Represented By Michael G Spector
Joint Debtor(s):
Jamie Lee Represented By
Michael G Spector
Movant(s):
Wilmington Savings Fund Society, Represented By
Jennifer C Wong Nancy L Lee
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report 2/23/18)
[RE: RICHARD A. MARSHACK - Chapter7 Trustee] [Fees: $2157.80; Expenses: $57.58]
[RE: ANERIO V. ALTMAN - Attorney For Chapter 7 Trustee] [Fees: $4,260.00; Expenses: $234.22]
[RE: HAHN FIFE & COMPANY LLP - Accountan]
[Fees: $1,000.00; Expenses: $0.00]
Docket 0
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$2,157.80 and expenses in the amount of $57.58.
The compensation is approved as to the Trustee's attorneys, with fees in the amount of $4,260.00 and expenses in the amount of $234.22.
2:00 PM
The compensation is approved as to the Trustee's accountant, with fees in the
amount of $1,000.00
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Maria E. Velarde Represented By
Justin D Irish (Pro Bono)
Trustee(s):
Richard A Marshack (TR) Represented By Anerio V Altman
2:00 PM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report 2/21/18)
[RE: RICHARD A. MARSHACK - Chapter7 Trustee] [Fees: $25,750.00; Expenses: $420.47]
[RE: GOE & FORSYTHE, LLP - Attorney For Chapter 7 Trustee] [Fees: $146,737.00; Expenses: $1,204.23]
[RE: CLARENCE YOSHIKANE - Real Estate Agent] [Fees: $5,713.50; Expenses: $0.00]
[RE: HAHN FIFE & COMPANY, LLP - Tax Preparer
[Fees: $1,000.00; Expenses: $0.00]
Docket 0
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
2:00 PM
The compensation is approved as to the Trustee, with fees in the amount of
$25,750.00 and expenses in the amount of $420.47.
The compensation is approved as to Goe & Forsythe, LLP, with fees in the amount of $146,737.00 and expenses in the amount of $1,204.23.
The compensation is approved as to Clarence Yoshikane, with fees in the amount of $5,713.50.
The compensation is approved as to Hahn Fife & Company LLP, with fees in the amount of $1,000.00.
Requested (proposed) interim payments are approved.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Hooshang Noori-Alagha Pro Se
Joint Debtor(s):
Nahid Noori-Alagha Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Robert P Goe Charity J Miller
2:00 PM
Hrg on Trustee's Motion Objecting to Claim No 1 filed by Cavalry SPV I, LLC
Docket 119
Grant the motion, sustain the objection, and disallow Claim No. 1 in its entirety. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ellen Lucile Salkin Represented By Matthew Horgan
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
2:00 PM
Hrg on Trustee's Motion Objecting to Claim No 4 filed by Jefferson Capital Systems, LLC
Docket 121
Grant the motion, sustain the objection, and disallow Claim No. 4 in its entirety. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ellen Lucile Salkin Represented By Matthew Horgan
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
2:00 PM
Hrg on Trustee's Motion Objecting to Claim No 7 filed by Lamar Central Outdoor, LLC
Docket 123
Grant the motion, sustain the objection, and disallow Claim No. 7 in its entirety. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ellen Lucile Salkin Represented By Matthew Horgan
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
2:00 PM
Hrg on Trustee's Motion Objecting to Claim No 11 filed by National Collegiate Trust
Docket 125
Grant the motion, sustain the objection, and disallow Claim No. 11 in its entirety. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ellen Lucile Salkin Represented By Matthew Horgan
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
2:00 PM
Hrg on Trustee's Motion Objecting to Claim No 14 filed by Credit Solutions, LLC
Docket 128
Grant the motion, sustain the objection, and disallow Claim No. 14 in its entirety. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ellen Lucile Salkin Represented By Matthew Horgan
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
2:00 PM
Hrg on Trustee's Motion to Disallow Claims No. 6 filed by Laguna Surf Interval Owners Association as Amended and/or Duplicative, and Disallow Claim No. 16 filed by Laguna Surf Interval Owners Association as Secured and Amounts Asserted but to Allow as General Unsecured Claim
Docket 132
Grant.
Claim No. 6 is disallowed in its entirety as a duplicate claim.
Claim No. 16 is allowed in the amount of $2,481.07 as a general unsecured claim only.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ellen Lucile Salkin Represented By Matthew Horgan
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
2:00 PM
Adv#: 6:18-01028 Hann v. Anderson et al
Hrg on Defendants' Special Motion to Strike Complaint Pursuant to Cal. Code of Civil Procedure §425.16 or in the Alternative, to Strike the Complaint Pursuant to FRBP 7012(f)
Docket 8
- NONE LISTED -
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
Karl T Anderson Represented By Melissa Davis Lowe
Shulman Hodges & Bastian LLP Represented By
Melissa Davis Lowe
Melissa Davis Lowe Represented By Melissa Davis Lowe
Leonard M. Shulman Represented By Melissa Davis Lowe
Plaintiff(s):
Gary S Hann Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman
2:00 PM
Melissa Davis Lowe
2:00 PM
Adv#: 6:18-01028 Hann v. Anderson et al
Hrg on Defendants' Motion for Sanctions Against Gary S. Hann Pursuant to FRBP 9011
Docket 11
NONE LISTED -
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
Karl T Anderson Represented By Melissa Davis Lowe
Shulman Hodges & Bastian LLP Represented By
Melissa Davis Lowe
Melissa Davis Lowe Represented By Melissa Davis Lowe
Leonard M. Shulman Represented By Melissa Davis Lowe
Plaintiff(s):
Gary S Hann Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
2:00 PM
Hrg. on approval of trustee's final report; applications for compensation
Docket 0
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$45,815.08 and expenses in the amount of $75.00.
The compensation is approved as to Shulman Hodges & Bastian, with fees in the amount of $46,719.50 and expenses in the amount of $2,276.33.
The compensation is approved as to Hahn Fife & Company LLP, with fees in the amount of $1,944.00 and expenses in the amount of $246.70.
Payment to International Sureties is approved.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Hector V Aviles Pro Se
2:00 PM
Trustee(s):
Helen R. Frazer (TR) Represented By Leonard M Shulman Rika Kido
Lynda T Bui
2:00 PM
Hrg. on chapter 7 trustee's Objection filed 2/16/18 to the Debtor's Wildcard Exemption
Docket 59
Debtor Golnaz Shirdel ("Ms. Shirdel") filed a chapter 7 petition on July 29, 2016. She did not schedule wage and hour claims against CL Education, Inc., RL Education, Inc. and other potential defendants (the "Defendants"), nor were these claims ever administered by the chapter 7 trustee prior to the initial closing of the case .
Ms. Shirdel received a discharge on November 7, 2016, and the case was closed on December 6, 2016.
Ms. Shirdel filed a motion to reopen the case on December 22, 2016 for the purpose of prosecuting a claim that the automatic stay and/or the discharge order had been violated. The attorney representing her in this matter was Arash Shirdel, Esq., who is believed to be her brother.
On January 17, 2017, Ms. Shirdel through her attorney Arash Shirdel sent two letters to the Defendants demanding that they retain documents and electronically stored information that could relate to potential claims she had against them relating to employment issues. The employment issues, later fleshed out in a subsequent complaint filed by Ms. Shirdel against the Defendants in Orange County Superior Court, largely involve the issue of whether Ms. Shirdel was an independent contractor or an employee during the period she was performing services for Defendants. (The complaint alleged such services had been performed since 2012 and thus clearly relate
2:00 PM
to prepetition periods).
The Court reopened the case by order entered February 1, 2017. The case would remain open until July 25, 2017 at which time it was closed due to the approval of a stipulation withdrawing the order to show cause that had been issued in connection with the stay and discharge order violation matter referenced above.
While the bankruptcy case was open during the period February 1, 2017 through July 25, 2017, Ms. Shirdel engaged in various actions that amount to the exercise of possession and control over the wage and hour claims referred to above. (1) Ms.
Shirdel through her attorney sent another letter to the Defendants on February 16, 2017 again demanding production of the personnel files and records plus $750 due to a failure to produce such records in a timely fashion. (2) Ms. Shirdel through her attorney sent an email to Defendants on March 10, 2017 expressing her intent to file suit against them with respect to the wage and hour claims. (3) Ms. Shirdel filed a complaint seeking nearly $200,000 in damages against Defendants in Orange County Superior Court on March 30, 2017. The complaint alleges that Ms. Shirdel had been performing services for Defendants since June 2012 and had been misclassified as independent contractors, had been denied overtime pay, had not been paid for meal breaks and rest breaks and various other causes of action. (4) Correspondence between Ms. Shirdel’s counsel and Defendants continued during the period when the bankruptcy case was open.
Exercise of possession and control over the causes of action in the wage and hour lawsuit continued after the bankruptcy case closed on July 25, 2017. Ms. Shirdel filed a case management statement, attended a case management conference at which the Orange County Superior Court set a trial date for May 2018, filed a motion to compel answers to interrogatories, was awarded sanctions in connection with such motion and made representations to the Orange County Superior Court that "[a]ny issues involving the bankruptcy have been resolved with the bankruptcy court."
Ms. Shirdel then filed a motion on December 18, 2017 to again reopen the bankruptcy case (the "Second Motion to Reopen"), this time to permit the amendment of
2:00 PM
schedules to show the wage and hour claims as an asset of the bankruptcy estate. Up until this point in time, the existence of the wage and hour claims had never been disclosed to chapter 7 trustee Robert Daff (the "Trustee") nor scheduled as an asset. Ms. Shirdel failed to disclose in the Second Motion to Reopen that a motion for terminating sanctions against Defendants was then pending in the Orange County Superior Court or that nearly $200,000 in damages were being sought in the matter.
Importantly, the Trustee joined in the Second Motion to Reopen, asking the Court to reappoint him as the Trustee so that he could seek to administer the wage and hour claims. The Court granted the Second Motion to Reopen by order entered January 18, 2018 and reappointed Mr. Daff as the Trustee.
By granting the Second Motion to Reopen, the Court deemed filed amended Schedules B and C showing the wage and hour claims as bankruptcy estate assets. Ms. Shirdel asserted on Schedule C that the wage and hour claims were exempt to the extent covered by the so-called "wild card exemption" of $22,300 pursuant to California Code of Civil Procedure § 703.140(b)(5) and 11 U.S.C. § 522.
The Court does not regard as credible the protestations of the debtor, Golnaz Shirdel, and her attorney, Arash Shirdel, Esq., that they did not realize the wage and hour lawsuit that is the subject of the exemption claim had not been listed as an asset in the bankruptcy schedules until late in 2017. The timeline and sequence of events both in this bankruptcy case and in the action filed in the Orange County Superior Court show that there was an attempt here to game the bankruptcy process. In particular, the Court notes that the grounds for the wage and hour lawsuit – that Ms. Shirdel was an employee and had been an employee since 2012, not an independent contractor -- was something that could have been known and likely was known at the time the bankruptcy petition was filed on July 29, 2016. The Court finds as a fact that Ms.
Shirdel deliberately and intentionally concealed the rights and causes of action with respect to the wage and hour matter from the Court and the chapter 7 trustee within the meaning of 11 U.S.C. § 522(g)(1)(B).
11 U.S.C. § 522(g) operates upon property recovered by the trustee under 11 U.S.C. §
2:00 PM
542 (among other sections). It provides as follows in relevant part: "(a) . . . an entity . . .in possession, custody, or control, during the case, of property that the trustee may use, sell, or lease under section 363 of this title, or that the debtor may exempt under section 522 of this title, shall deliver to the trustee, and account for,
such property or the value of such property, unless such property is of inconsequential value or benefit to the estate."
Analysis shows that section 542 applies with respect to the wage and hour claims that are the subject of this motion. The term "entity" includes a person. 11 U.S.C. § 101(15). Ms. Shirdel is a person and therefore an "entity" within the meaning of the Bankruptcy Code. As explained earlier, she was in possession, custody or control of the wage and hour claims "during the case", that is, during the period February 1, 2017 through July 25, 2017. The wage and hour claims constitute property that the Trustee may use or sell. Ms. Shirdel delivered the wage and hour claims to the Trustee and/or accounted for them when her amended schedules were deemed filed on January 18, 2018. Accordingly, the Trustee recovered the wage and hour claims pursuant to 11 U.S.C. § 542.
The verb "recover" does not necessarily imply any kind of action on the part of the recovering party. Webster’s Ninth New Collegiate Dictionary defines recover as "to get back: REGAIN." If a person leaves a cellphone on a train or at a table at a restaurant, it would be perfectly good English for a friend to ask, "did you ever recover your cellphone?" and for the person to answer "yes" even if it showed up on his doorstep the next day as the result of efforts of an anonymous Good Samaritan.
In any event, to the extent some sort of action is required of the Trustee by the terms of 11 U.S.C. § 542(a) in order for a turnover to occur, such action occurred here – by joining in the Second Motion to Reopen, the Trustee acted to recover the wage and hour claims within the meaning of 11 U.S.C. § 522(g) and that action was successful.1 Cf. Glass v. Hitt (In re Glass), 60 F.3d 565 (9th Cir. 1995); Elliott v. Weil (In re Elliott), 544 B.R. 421 (B.A.P. 9th Cir. 2016); In re Ringham, 294 B.R. 204 (Bankr. D.
Mass. 2003).
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Footnote 1: To be clear, the Court does not regard any type of action to be required of the trustee in order for a section 542 turnover to occur. The trustee need not file an motion (such as a turnover motion) or commence any adversary proceeding. All that is required is that an entity in possession or control of estate property while the bankruptcy case is open turn over such property to the trustee. Once the turnover occurs, the trustee has recovered the property within the meaning of section 522(g).
The chapter 7 trustee’s motion is granted based upon 11 U.S.C. § 522(g) for the reasons stated and based upon the case authorities cited by the chapter 7 trustee. Accordingly, the Court does not reach nor rule upon the chapter 7 trustee’s arguments that the exemption should be disallowed based upon judicial estoppel, equitable estoppel and/or laches.
The objection to the wildcard exemption with respect to the wage and hour lawsuit is sustained, and the exemption is disallowed in its entirety.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Golnaz Shirdel Represented By Arash Shirdel
Trustee(s):
Charles W Daff (TR) Represented By Kathleen J McCarthy Thomas H Casey
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 3/2/18 to Allow Claim 3 of Wells Fargo Bank, NA as Late Filed against a Surplus Only
Docket 20
Grant the motion and sustain the objection.
The Court will reclassify Claim No. 3 as a late-filed claim under
11 U.S.C. § 726(a)(3), allowed against surplus only and subordinated to all timely- filed claims.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Alicia Louise Paoletta Represented By Jenny L Doling
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Hrg. on Debtor's Motion to to approve draw-down compensation procedure [LBR 2016-1(b)]
Docket 89
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
Hrg. on Debtor's Motion filed 3/13/18 to Extend periods within which Debtor has the exclusive right to propose a chapter 11 plan and to solicit acceptances thereto
Docket 88
Grant in part. The Court will extend exclusivity for plan proposal to June 13, 2018 and for solicitation of plan acceptance to August 31, 2018.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 8/7/17)
FR: 10-18-17; 4-4-18
Docket 0
Continue the status conference to May 30, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Se Y Oh Represented By
Stephen R Wade Richard H Lee
9:00 AM
Adv#: 8:17-01167 Official Committee Of Unsecured Creditors v. Ink Systems, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17)
FR: 2-28-18 at 9:00 a.m.; 2-28-18
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on July 31, 2018.
Expert reports under Rule 26 are due August 31, 2018 with rebuttals due September 30, 2018. Expert discovery closes October 15, 2018.
All discovery motions shall be heard before November 30, 2018.
A further status conference is set for December 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen
9:00 AM
Alan J Friedman Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Ink Systems, Inc. Represented By Theodore A Cohen
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01169 Official Committee Of Unsecured Creditors v. CLR Marketing Partners
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18
Docket 1
The deadline for obtaining entry of default by the clerk is May 15, 2018. The deadline for hearing a motion for entry of default judgment is June 30, 2018.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
CLR Marketing Partners Pro Se
9:00 AM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01170 Official Committee Of Unsecured Creditor v. U.S. Telepacific Corp. et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18
Docket 1
NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
U.S. Telepacific Corp. Pro Se
U.S. TelePacific Corp. Represented By J Scott Bovitz
Plaintiff(s):
Official Committee Of Unsecured Represented By
9:00 AM
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01175 Official Committee Of Unsecured Creditors v. Spicers Paper, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18
Docket 1
Continue the status conference to June 6, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Spicers Paper, Inc. Represented By David M Banker
9:00 AM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01201 Official Committee Of Unsecured Creditors v. Advantage Mailing, LLC
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on July 31, 2018.
Expert reports under Rule 26 are due August 31, 2018 with rebuttals due September 30, 2018. Expert discovery closes October 15, 2018.
All discovery motions shall be heard before November 30, 2018.
A further status conference is set for December 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang
9:00 AM
Scott D Fink Reed M Mercado
Defendant(s):
Advantage Mailing, LLC Represented By Michael B Reynolds
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01202 Official Committee Of Unsecured Creditors v. Central Ink Corporation
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on July 31, 2018.
Expert reports under Rule 26 are due August 31, 2018 with rebuttals due September 30, 2018. Expert discovery closes October 15, 2018.
All discovery motions shall be heard before November 30, 2018.
A further status conference is set for December 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang
9:00 AM
Scott D Fink Reed M Mercado
Defendant(s):
Central Ink Corporation Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01203 Official Committee Of Unsecured Creditors v. Central National Gottesman,
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on September 30, 2018.
Expert reports are due November 15, 2018, and responses to such reports are due November 30, 2018.
All discovery motions shall be heard before December 31, 2018.
The Court sets a status conference for December 19, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang
9:00 AM
Scott D Fink Reed M Mercado
Defendant(s):
Central National Gottesman, Inc. Represented By
David M Banker Kyra E Andrassy
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01204 Official Committee Of Unsecured Creditors v. Press-One Customer Care,
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on July 31, 2018.
Expert reports under Rule 26 are due August 31, 2018 with rebuttals due September 30, 2018. Expert discovery closes October 15, 2018.
All discovery motions shall be heard before November 30, 2018.
A further status conference is set for December 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang
9:00 AM
Scott D Fink Reed M Mercado
Defendant(s):
Press-One Customer Care, Inc. Represented By Scott A Schiff
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01205 Official Committee Of Unsecured Creditors v. Goodwill Industries of
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on July 31, 2018.
Expert reports under Rule 26 are due August 31, 2018 with rebuttals due September 30, 2018. Expert discovery closes October 15, 2018.
All discovery motions shall be heard before November 30, 2018.
A further status conference is set for December 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang
9:00 AM
Scott D Fink Reed M Mercado
Defendant(s):
Goodwill Industries of Orange Represented By Donald W Sieveke
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01206 Official Committee Of Unsecured Creditors v. Turn-Key Solutions, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on July 31, 2018.
Expert reports under Rule 26 are due August 31, 2018 with rebuttals due September 30, 2018. Expert discovery closes October 15, 2018.
All discovery motions shall be heard before November 30, 2018.
A further status conference is set for December 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang
9:00 AM
Scott D Fink Reed M Mercado
Defendant(s):
Turn-Key Solutions, Inc. Represented By
Kristofer R McDonald
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01207 Official Committee Of Unsecured Creditors v. Midland Paper Company
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
Continue the status conference to June 6, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Midland Paper Company Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01208 Official Committee Of Unsecured Creditors v. Aramark Uniform & Career
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
Continue the status conference to June 6, 2018 at 9:00 a.m. to permit settlement to move forward.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Aramark Uniform & Career Apparel, Pro Se Aramark Entertainment LLC Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01209 Official Committee Of Unsecured Creditors v. Case Paper Co., Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on July 31, 2018.
Expert reports under Rule 26 are due August 31, 2018 with rebuttals due September 30, 2018. Expert discovery closes October 15, 2018.
All discovery motions shall be heard before November 30, 2018.
A further status conference is set for December 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang
9:00 AM
Scott D Fink Reed M Mercado
Defendant(s):
Case Paper Co., Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01210 Official Committee Of Unsecured Creditors v. McGrann Paper Corporation
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on July 31, 2018.
Expert reports under Rule 26 are due August 31, 2018 with rebuttals due September 30, 2018. Expert discovery closes October 15, 2018.
All discovery motions shall be heard before November 30, 2018.
A further status conference is set for December 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang
9:00 AM
Scott D Fink Reed M Mercado
Defendant(s):
McGrann Paper Corporation Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01211 Official Committee Of Unsecured Creditors v. RDI Marketing Services, Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on July 31, 2018.
Expert reports under Rule 26 are due August 31, 2018 with rebuttals due September 30, 2018. Expert discovery closes October 15, 2018.
All discovery motions shall be heard before November 30, 2018.
A further status conference is set for December 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang
9:00 AM
Scott D Fink Reed M Mercado
Defendant(s):
RDI Marketing Services, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01213 Official Committee Of Unsecured Creditors v. United Information Services,
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on July 31, 2018.
Expert reports under Rule 26 are due August 31, 2018 with rebuttals due September 30, 2018. Expert discovery closes October 15, 2018.
All discovery motions shall be heard before November 30, 2018.
A further status conference is set for December 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang
9:00 AM
Scott D Fink Reed M Mercado
Defendant(s):
United Information Services, Inc. Represented By
David B Golubchik
Sourcehov LLC Represented By David B Golubchik
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01212 Official Committee Of Unsecured Creditors v. ACS (US), Inc.
STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17)
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
ACS (US), Inc. Represented By Richard L Barnett
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:18-01008 Water Well Service Inc. v. Tran
Hearing RE: Motion To Dismiss Adversary Complaint For Lack Of Service Of Summons And Failure To State A Claim
(Motion filed 2/16/18)
Docket 5
Continue the hearing to April 25, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Nhut Cong Tran Represented By Shai S Oved
Defendant(s):
Nhut Cong Tran Represented By Shai S Oved
Movant(s):
Nhut Cong Tran Represented By Shai S Oved
Plaintiff(s):
Water Well Service Inc. Represented By John B Barriage
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
9:00 AM
Adv#: 8:18-01008 Water Well Service Inc. v. Tran
STATUS CONFERENCE Hearing RE: Complaint To Determine Non- Dischargeability Of Debt Under Sections 523A(a)(6) And (4)(2) And Section 727(a)(2) Et. Seq. Of The Bankruptcy Code
(Complaint filed 1/10/18)
(Summons issued 1/11/18) (Another Summons issued 1/11/18)
Docket 1
Continue the hearing to April 25, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Nhut Cong Tran Represented By Shai S Oved
Defendant(s):
Nhut Cong Tran Represented By Shai S Oved
Plaintiff(s):
Water Well Service Inc. Represented By John B Barriage
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 3/12/18)
[RE: 2018 Toyota Camry - VIN No.: 4T1BZ1HK4JU004441]
[Tele. appr., Austin P. Nagel, repr., Toyota Motor Credit Corporation]
Docket 14
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jose Octavio Lazcano Represented By Christopher J Langley
Joint Debtor(s):
Edith Lazcano Represented By
9:00 AM
Movant(s):
Christopher J Langley
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
LQ Management, L.L.C. vs. DEBTOR (Motion filed 3/16/18)
(Amended Motion filed 3/22/18)
[RE: Case Name: LQ Management, L.L.C. v. Anthony Maxey, et al.] [Docket No.: 30-2017-00956267-CL-UD-NJC]
[Pending In: Orange County Superior Court, North]
Docket 22
APPEARANCES REQUIRED.
Debtor(s):
Anthony Jerome Maxey Pro Se
Movant(s):
LQ Management, L.L.C Represented By Christiane C Kinney
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
CONT'D STATUS CONFERENCE RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 case (Petition filed 11/1/15)
FR: 1-13-16; 3-2-16; 4-13-16; 7-27-16; 12-7-16; 4-19-17; 8-30-17; 12-13-17
[Tele. appr., Alan J. Friedman, repr., Freedom Communications, et al.]
Docket 0
The status report was helpful.
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: August 1, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
9:00 AM
CONT'D Evidentiary Hearing RE: Motion To Hold Creditor I.Q. Data International, Inc. In Contempt For Violation Of Discharge Injunction (Motion filed 4/7/17) (Set per Sua Sponte Order Entered 4/14/17) (Evidentiary Hearing set at hearing held 8/28/17)
FR: 6-19-17; 1-22-18; 1-29-18
Docket 35
- NONE LISTED -
Debtor(s):
Regina Marconi Represented By William Radcliffe Chris Dutkiewicz
Movant(s):
Regina Marconi Represented By William Radcliffe Chris Dutkiewicz
Regina Heel Represented By
Chris Dutkiewicz
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Motion For Order Disallowing Claim: (Motion filed 8/9/17)
Claim No. 8 Renita Turner, dba Music Plus Entertainment $185,794.00 FR: 9-11-17; 11-20-17; 1-8-18; 2-12-18
Docket 128
APPEARANCES NOT REQUIRED.
Continue hearing to April 23, 2018 at 2:00 p.m.
COURT TO PREPARE ORDER.
Debtor(s):
Eric Martinson Represented By Richard Lynn Barrett
Movant(s):
Eric Martinson Represented By Richard Lynn Barrett
2:00 PM
CONT'D Hearing RE: Renewal Use Of Cash Collateral (Motion filed 11/7/17) (Set per Order Entered 12/12/17)
FR: 1-5-18; 1-12-18; 2-26-18
Docket 5
- NONE LISTED -
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
Movant(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Marc J Winthrop Andrew B Levin Andrew B Levin Garrick A Hollander Garrick A Hollander
Marvin Maurice Oliver Marvin Maurice Oliver
2:00 PM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 case (Petition filed 11/6/17)
FR: 1-17-18; 2-26-18
Docket 27
- NONE LISTED -
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
2:00 PM
Hearing RE: Motion For Order Abandoning All Property Of The Estate Back To Debtor
(Motion filed 3/6/18) (Response filed 3/26/18)
(Set per Notice of Hearing filed 3/26/18)
Docket 25
APPEARANCES NOT REQUIRED.
Continue to April 25, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Nhut Cong Tran Represented By Shai S Oved
Movant(s):
Nhut Cong Tran Represented By Shai S Oved Shai S Oved Shai S Oved
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
McCarthy & Holthus - movant attorney Motion for relief from stay
THE BANK OF NEW YORK vs Debtor
(Motion filed 3/16/18)
RE: 14888 Sydney Avenue, Fontana, CA 92336
Docket 49
- NONE LISTED -
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
Box 12. Upon entry of the order, for purposes of Cal. Civ. Code § 2923.5, the
9:00 AM
Debtor is a borrower as defined in Cal. Civ.Code § 2920.5(c)(2)(C). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Monica B. Rios Represented By
W. Derek May
Trustee(s):
Charles W Daff (TR) Represented By Lynda T Bui Rika Kido
9:00 AM
The Wolf Firm - movant attorney Motion for Relief from Stay
U.S. Bank vs. DEBTOR (Motion filed 3/16/18)
Re: 12794 Windstar Drive, Rancho Cucamonga, CA 91739
Docket 19
- NONE LISTED -
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
- Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Erika Ramirez Represented By David Lozano
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Vanlochem & Associates LLP - movant attorney Motion for Relief from Stay
Nissan Motor Acceptance Corporation vs. DEBTOR (Motion filed 3/12/18)
Re: 2017 NISSAN ALTIMA, VIN # 1N4AL3APXHC275089
Docket 9
- NONE LISTED -
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jose Luis Solis Represented By
Carlos A Delgado Ibarcena
9:00 AM
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 3/16/18 to Sell Property of the Estate Free and Clear of Liens under Section 363(f) Motion for Order (1) Authorizing Sale of Property Pursuant to 11 U.S.C. Section 363(b)(1), Free and Clear of Liens Under 11 U.S.C. Section 363(f); (2) Authorizing Overbid Procedures as Proposed Herein; (3) Approving Payment of Broker(s) Commission; (4) Determining That The Proposed Buyer is a "Good Faith Purchaser" Under 11
U.S.C. Section 363(m); and (5) Waiver of the Stay Under Rule 6004(h); Declaration of A. Cisneros, Trustee and Proposed Buyer in Support Thereof; Exhibit "1"
EH
Docket 28
- NONE LISTED -
Grant; provided, however, that Pingora Loan Servicing, LLC, the first lienholder, must be paid in full out of escrow.
TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Carol Teresa Mallier Represented By Seema N Sood
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:00 PM
Hrg. on Debtor's Motion to Convert Case From Chapter 7 to 13 (Placed on calendar by order entered 3/21/18)
Docket 20
- NONE LISTED -
Deny with prejudice for the reasons stated in the Chapter 7 Trustee's opposition.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ana Maria Perez Pro Se
Trustee(s):
Rod (MH) Danielson (TR) Pro Se
2:00 PM
Hrg on Trustee's Application to Employ Roquemore, Pringle & Moore, Inc. as General Counsel As of February 23, 2018
Docket 18
- NONE LISTED -
Grant application of chapter 7 trustee to employ Roquemore, Pringle & Moore, Inc.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ana Maria Perez Pro Se
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
2:00 PM
Hrg on Debtor's Application to Employ The Law Office of Brian Gurwitz, APC as Special Counsel to Debtor Nunc Pro Tunc
Docket 85
NONE LISTED -
NONE LISTED -
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Adv#: 8:15-01391 Baek et al v. Halvorson et al
CONT'D Hearing RE: Motion For (1) Sanctions Against Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC, Grace Baek, And Their Attorneys Of Record, Corey Tolliver, And Christopher Coyle For Failure To Participate In Court Ordered Mediation In Good Faith; And (2) Order Revoking Pro Hac Vice Admissions Of Attorneys Christopher Coyle And Corey Tolliver (Docket No.
[61] in 8:15-ap-01391, Docket No. [41] in 8:15-ap-01454) And Motion To Lift The Stay Imposed On June 29, 2016 (Docket No. [76] in 8:15-ap-01391, Docket No. [58] in 8:15-ap-01454)
(Order setting hearing Entered 11/22/17) FR: 2-28-18
Docket 0
- NONE LISTED -
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
Commercial Income Advisors, Inc. Pro Se JH RE Holdings, LLC Pro Se
Granite Bay Partners II, LLC Pro Se
PCC Fund I, LLC Pro Se
Jerry Ann Randall Represented By
9:00 AM
Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Miller
Dan L. Halvorson Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Miller
John O. Halvorson Represented By Marc C Forsythe Charity J Miller
Plaintiff(s):
Weneta M. Kosmala Pro Se
Baek 153, LLP Represented By Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
Pacific Commercial Group, LLC Represented By
Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
Richard Baek Represented By
9:00 AM
Trustee(s):
Reem J Bello Ali Matin
Steven J. Katzman Kyle Kveton
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:15-01454 Baek v. Halvorson et al
CONT'D Hearing RE: Motion For (1) Sanctions Against Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC, Grace Baek, And Their Attorneys Of Record, Corey Tolliver, And Christopher Coyle For Failure To Participate In Court Ordered Mediation In Good Faith; And (2) Order Revoking Pro Hac Vice Admissions Of Attorneys Christopher Coyle And Corey Tolliver (Docket No.
[61] in 8:15-ap-01391, Docket No. [41] in 8:15-ap-01454) And Motion To Lift The Stay Imposed On June 29, 2016 (Docket No. [76] in 8:15-ap-01391, Docket No. [58] in 8:15-ap-01454)
(Order setting hearing Entered 11/22/17) FR: 2-28-18
Docket 0
- NONE LISTED -
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
Weneta M.A. Kosmala Represented By Reem J Bello
John Olaf Halvorson Represented By Charity J Miller Marc C Forsythe
9:00 AM
Plaintiff(s):
Grace Baek Represented By
Ali Matin
Steven J. Katzman Kyle Kveton
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
2:00 PM
Hearing RE: Confirmation Of Chapter 11 Plan Of Reorganization (Chapter 11 Plan filed 3/4/18)
(Set at D.S. hrg. held 2/28/18)
Docket 174
The Court will likely confirm the chapter 11 plan. The Court has one question for debtors' counsel concerning debtors' new value contribution, namely, what provision of the plan addresses this?
DEBTORS' COUNSEL TO LODGE (1) FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND (2) CONFIRMATION ORDER.
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones Sara Tidd
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 2-7-18; 3-7-18
Docket 31
- NONE LISTED -
Debtor(s):
Shellaine Alonsagay-del Campo Represented By
Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 3-7-18
Docket 16
- NONE LISTED -
Debtor(s):
Vanessa Patricia Martinez Represented By Javier H Castillo
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 3-7-18
Docket 4
- NONE LISTED -
Debtor(s):
Evan Anderson Represented By Anerio V Altman
Joint Debtor(s):
Kendyl Anderson Represented By Anerio V Altman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 18
- NONE LISTED -
Debtor(s):
Lourdes Watters Represented By Bryn C Deb
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 17
- NONE LISTED -
Debtor(s):
Michael Anthony Ruffino Represented By Christopher J Langley
Joint Debtor(s):
Brandy Bernadette Ruffino Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 13
- NONE LISTED -
Debtor(s):
Gabriel Garcia Represented By Luis G Torres
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Tania Rissa Banares Stanfield Represented By
Ethan Kiwhan Chin
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Judith Anne Anderson Represented By
Misty A Perry Isaacson
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Adam J Gerard Represented By Ursula G Barrios
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
NONE LISTED -
Debtor(s):
Shawn Thomas Murphy Represented By Christopher J Langley
Joint Debtor(s):
Yanira Kinney Represented By Christopher J Langley
Trustee(s):
Weneta M Kosmala (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
Tinh Tran Represented By
Thinh V Doan
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
Amalia Ramirez Luna Represented By Daniel A DeSoto
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
Rosa Maria Quinonez Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
Ana Elsa Choy Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 1/2/18) (Set per Opposition filed 1/16/18) FR: 3-7-18
Docket 67
NONE LISTED -
Debtor(s):
Susan Lee Thrasher Represented By Gary Leibowitz
Jacqueline D Serrao
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Status Conference On Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 8/1/17) (Opposition filed 9/19/17) (S/C set at hearing held 10/4/17)
FR: 10-4-17; 1-10-18
Docket 48
Continue the hearing to June 27, 2018 at 3:00 p.m. with an updated status report due June 20, 2018.
COURT TO PREPARE ORDER.
Debtor(s):
Felix Martinez Represented By Joseph A Weber Fritz J Firman
Movant(s):
Amrane (SA) Cohen (TR) Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 1/2/18) (Opposition filed 1/11/18)
Docket 88
Grant the motion and dismiss the case.
CLERK'S OFFICE TO ISSUE ORDER.
Debtor(s):
Jann Kempton Represented By David R Chase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 1/25/18) FR: 3-7-18
Docket 45
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jesus Melendez Represented By Rebecca Tomilowitz
Movant(s):
Amrane (SA) Cohen (TR) Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 2/1/18) (Set Per Notice And Opposition filed 3/2/18)
Docket 49
Grant the motion and dismiss the case.
CLERK'S OFFICE TO ISSUE ORDER.
Debtor(s):
Lucina Macedo Represented By Luis G Torres
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 3/1/18) (Set Per Opposition filed 3/15/18) (Notice of Hearing filed 3/15/18)
Docket 66
NONE LISTED -
Debtor(s):
Julie Deann Grooms Represented By
Rabin J Pournazarian
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 12/6/17) (Set Per Opposition filed 1/2/18) FR: 2-7-18
Docket 55
Grant the motion and dismiss the case. CLERK'S OFFICE TO ISSUE ORDER.
Debtor(s):
Martin Garcia Represented By Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 2/1/18) (Set per Opposition filed 2/16/18) FR: 3-7-18
Docket 49
NONE LISTED -
Debtor(s):
Spring L Jaentsch Represented By
David Samuel Shevitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 1/30/18)
Docket 49
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Donald Reyes Represented By Laleh Ensafi
Movant(s):
Amrane (SA) Cohen (TR) Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 3/1/18) (Set per Opposition filed 3/15/18) (Notice of Hearing filed 3/15/18)
Docket 39
Grant the motion and dismiss the case.
CLERK'S OFFICE TO ISSUE ORDER.
Debtor(s):
Peter M Shotts Represented By Elena Steers
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion By United States Trustee To Determine Whether Compensation Paid To Counsel Was Excessive Under 11 U.S.C. Section 329 And F.R.B.P. 2017
(Motion filed 3/8/17)
Docket 17
NONE LISTED -
Debtor(s):
Adam J Gerard Represented By Ursula G Barrios
Movant(s):
Michael Jay Hauser Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion To Vacate Dismissal And Reinstate Chapter 13 Case (Motion filed 3/14/18)
(Set per Notice of Hearing filed 3/15/18)
Docket 43
Deny the motion with prejudice for the reasons stated by Trojan Capital in its opposition.
TROJAN CAPITAL TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Kevin Todd Mount Represented By Marlin Branstetter
Movant(s):
Kevin Todd Mount Represented By Marlin Branstetter
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 6:18-01028 Hann v. Anderson et al
Status Conference on Complaint by Gary S Hann against Karl T Anderson , Shulman Hodges & Bastian LLP , Melissa Davis Lowe , Leonard M. Shulman . (14 (Recovery of money/property - other)
Docket 1
NONE LISTED -
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
Leonard M. Shulman Pro Se
Melissa Davis Lowe Pro Se
Shulman Hodges & Bastian LLP Pro Se
Karl T Anderson Pro Se
Plaintiff(s):
Gary S Hann Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Hrg. on Chapter 11 Status Conference (cont. from 1/11/18)
Docket 0
The Court notes that the Debtor has filed a proposed plan of reorganization and is moving the case forward at an acceptable pace. The Court will inquire into the Debtor's compliance with United States Trustee guidelines and requirements.
Next status conference: July 25, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Hrg on Debtor's Application to Employ The Law Office of Brian Gurwitz, APC as Special Counsel to Debtor Nunc Pro Tunc
(Cont. from 4/10/18)
Docket 85
In determining whether bankruptcy estate funds can be utilized to employ criminal defense counsel for a debtor, the court in In re Duque, 48 B.R. 965 (S.D. Fla. 1984) examined whether employment of counsel was in the estate’s best interest and whether a threat existed with respect to estate assets. In another case, In re Tashof, 33 B.R. 225 (Bankr. D. Md.
1983), the bankruptcy court considered the case context in which the issue was raised, namely, that "the Chapter 11 proceeding looks towards a liquidating plan." 33 B.R. at 227. The Tashof case also distinguished a straight liquidation case decided under the Bankruptcy Act, In re Pajarito American Indian Art., Inc., 11 B.R. 811 (Bankr. D. Ariz. 1981).
In a chapter 7 case, there appears to be little danger that imprisonment of the debtor will have a negative effect on bankruptcy estate assets. Assets in such a case are under the management of a panel trustee, not the debtor, so a debtor’s incarceration will not leave the bankruptcy estate assets without a functioning manager. Similarly, in a chapter 11 case in which a trustee has been appointed the debtor’s imprisonment would not leave the estate’s assets without a manager. Liquidating chapter 11 cases often involve the appointment of a liquidating trustee, and in such an instance a debtor’s imprisonment would not separate the bankruptcy estate’s assets from their manager.
In this case, the debtor has filed a chapter 11 plan of reorganization providing for the full payment of all creditors’ claims with the debtor managing the estate assets both before and after revestment. If the debtor were imprisoned as a result of a conviction with respect to the perjury charges against him, the effective management of estate assets would be placed in
9:00 AM
jeopardy. Undoubtedly, it would be difficult to manage estate assets from a jail cell.
If restitution were ordered by the state court having jurisdiction over the perjury complaint, a question arises as to whether the automatic stay would apply or not apply to collection of the restitution from estate assets. 11 U.S.C. § 362(b)(1). If restitution were ordered in a very large amount – in the millions of dollars – and if section 362(b)(1) were interpreted to permit collection from the estate (an issue on which the Court expresses no opinion), the bankruptcy estate’s assets could be substantially depleted, effectively ending the prospect of equality of distributions between the creditor benefiting from such restitution (Havasu Lakeshore Investments) and all the other creditors in this case. Such an outcome violates the distribution scheme laid down by the Bankruptcy Code and would seem to raise issues under the Supremacy Clause. The overall effect would be to permit a state court through its restitution order to materially deprive creditors of distributions to which they are entitled and to create a de facto super-priority for a restitution claim that does not exist under federal bankruptcy law.
For these reasons, the Court determines that there is a real benefit to the estate to the employment of criminal defense counsel for Mr. Fleming because the continued management of estate assets by Mr. Fleming is facilitated thereby.
The Application to employ Brian Gurwitz, APC as criminal defense counsel is granted.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:15 PM
re: 2015 Ram 2500
Docket 25
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtors.
The reaffirmation agreement is filed too late. COURT TO PREPARE ORDER.
Debtor(s):
Steven Michael Hodgden Represented By
Misty A Perry Isaacson
Joint Debtor(s):
Christina Hodgden Represented By
Misty A Perry Isaacson
Trustee(s):
Todd A. Frealy (TR) Represented By
Michelle A Marchisotto
2:15 PM
re: 2014 Scion TC
Docket 24
Approve if the vehicle is insured and debtors believe they can afford the payments. Debtors have until April 23, 2018 to rescind the Reaffirmation Agreement.
COURT TO PREPARE ORDER.
Debtor(s):
Scott L Salmons Represented By Terrence Fantauzzi
Joint Debtor(s):
Dawn M Salmons Represented By Terrence Fantauzzi
Trustee(s):
Steven M Speier (TR) Pro Se
2:15 PM
Hrg. on Approval of Reaffirmation Agreement filed 2/20/18 between Debtors and Alaska USA Federal Credit Union in the amount of $11,683.17
Re: 2013 Ford F-150
Docket 10
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtors.
COURT TO PREPARE ORDER.
Debtor(s):
Deron Thomas McCandless Pro Se
Joint Debtor(s):
Christy Lynn McCandless Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
2:15 PM
Hrg on approval of Reaffirmation Agreement Between Debtor and CarMax Auto Finance in the amount of $14,944.14
re: 2015 Buick Verano
Docket 11
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtors.
COURT TO PREPARE ORDER.
Debtor(s):
Bennie Allen Nelms Represented By
C Scott Rudibaugh
Joint Debtor(s):
Nina Gail Nelms Represented By
C Scott Rudibaugh
Trustee(s):
John P Pringle (TR) Pro Se
2:15 PM
Hrg. on approval of Reaffirmation Agreement filed 2/21/18 Between Debtor and Toyota Motor Credit Corporation, in the amount $32,532.76
RE: 2015 Toyota Tundra
Docket 8
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor.
COURT TO PREPARE ORDER.
Debtor(s):
Adam Espinoza Sambrano Jr. Represented By Daniel King
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:15 PM
Hrg. on approval of Reaffirmation Agreement filed 2/21/18 Between Debtor and Santander Consumer USA Inc., in the amount of $4,034.03
Docket 9
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor.
COURT TO PREPARE ORDER.
Debtor(s):
Adam Espinoza Sambrano Jr. Represented By Daniel King
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Adv#: 8:15-01449 Olomi v. Tukhi
CONT'D STATUS CONFERENCE Hearing RE: Order To Show Cause RE: That Plaintiff Abdul Habib Olomi And His Attorney Nikolaus W. Reed Appear In Person In This Court And Show Why They Should Not Be Held In Contempt Of Court For Their Material Failure To Obey This Court's Scheduling Order, Filed And Entered March 7, 2016, Requiring Them To Comply With The Provisions Of The Scheduling Order And Local Bankruptcy Rule 7016-1(b) And (c) (Relating To Pretrial Conferences) With Respect To A Pre-Trial Conference In Olomi v.
Tukhi, Adversary No. 15-01449, Held On September 28, 2016 At 9:00 A.M. (Set per OSC Entered 7/7/17)
(Set per Order Entered 8/22/17) (S/C set at hearing held 9/13/17)
(S/C continued per hearing held on 2/7/18) FR: 9-13-17; 2-14-17
Docket 0
Debtor(s):
Ahmad J Tukhi Represented By Julie J Villalobos
Defendant(s):
Ahmad J Tukhi Pro Se
Plaintiff(s):
Abdul Habib Olomi Represented By Nikolaus Reed
9:00 AM
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:15-01449 Olomi v. Tukhi
TRIAL CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(6) (Complaint filed 11/18/15)
(PTC set at S/C held 3/2/16)
(PTC RESET at hearing held 8/2/17) (TRIAL set at PTC held 2/7/18)
FR: 3-2-16; 9-28-16; 10-25-17; 11-15-17; 2-7-18
Docket 1
The trial will proceed.
Debtor(s):
Ahmad J Tukhi Represented By Julie J Villalobos
Defendant(s):
Ahmad J Tukhi Pro Se
Plaintiff(s):
Abdul Habib Olomi Represented By Nikolaus Reed
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:15-01449 Olomi v. Tukhi
Hearing RE: Defendant's Motion To Exclude Plaintiff''s Expert's Testimony, Or In The Alternative, Limit Said Expert's Testimony To The Disclosures Provided (Motion filed 4/10/18)
Docket 136
Debtor(s):
Ahmad J Tukhi Represented By Julie J Villalobos
Defendant(s):
Ahmad J Tukhi Represented By Dyke Huish
David Dworakowski
Plaintiff(s):
Abdul Habib Olomi Represented By Nikolaus Reed
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:15-01449 Olomi v. Tukhi
CONT'D TRIAL CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(6) (Complaint filed 11/18/15)
(PTC set at S/C held 3/2/16)
(PTC RESET at hearing held 8/2/17) (TRIAL set at PTC held 2/7/18)
FR: 3-2-16; 9-28-16; 10-25-17; 11-15-17; 2-7-18; 4-16-18
Docket 1
The trial will proceed.
Debtor(s):
Ahmad J Tukhi Represented By Julie J Villalobos
Defendant(s):
Ahmad J Tukhi Pro Se
Plaintiff(s):
Abdul Habib Olomi Represented By Nikolaus Reed
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Wells Fargo Bank, N.A. vs. DEBTOR (Motion filed 3/30/18)
[RE: 4409 ELDER AVENUE Seal Beach, CA, 90740]
[Tele. appr., Dane Exnowski, repr., Wells Fargo Bank]
Docket 50
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived.
The co-debtor stay of 11 U.S.C. §1201(a) or § 1301(a) is terminated, modified or annulled as to the co-debtor, on the same terms and conditions as to the Debtor.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Quentin Reutershan Represented By Julie J Villalobos
Trustee(s):
9:00 AM
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
Jin Yu, Inc., A California Corporation vs. DEBTOR (Motion filed 3/29/18) (Amended Motion filed 3/29/18)
[RE: 20671 Lake Forest Drive, No. B101, Lake Forest, CA 92630]
Docket 15
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2). This motion has been filed to proceed with an unlawful detainer action. This action must go forward because the debtor's right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed.
The 14-day stay provided by Rule 4001(a)(3) is waived. Deny as to extraordinary relief.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Golden State Lube Centers Inc Represented By Julie J Villalobos
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
Trustee Of The Thomas T. Gregory Revocable Trust Dated July 8, 2005 vs. DEBTOR
(Motion filed 3/22/18)
[RE: 3251 Falkland Circle, Huntington Beach, CA 92649]
Docket 9
NONE LISTED -
Debtor(s):
Thanh Duy Dinh Pro Se
Movant(s):
Trustee of the Thomas T. Gregory Represented By
R Gibson Pagter Jr.
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
Hearing RE: Examination RE: Enforcement Of Judgment Of Marc Joseph Spizzirri To Furnish Information To Aid In Enforcement Of A Money Judgment Against You.
(Set per Order Entered 3/19/18)
Docket 1034
- NONE LISTED -
Debtor(s):
Marc Joseph Spizzirri Represented By Robert P Goe Derrick Talerico
James Andrew Hinds Jr Robert E Opera William N Lobel
Reem J Bello
Trustee(s):
Bradley D. Sharp (TR) Represented By Nanette D Sanders Brian R Nelson
2:00 PM
Hearing RE: Motion For Order Approving Settlement By And Between The Debtors And MediaNews Group, Inc., A Delaware Corporation, d/b/a Digital First Media
(Motion filed 4/2/18)
[Tele. appr., Alan J. Friedman, repr., Freedom Communications, Inc.] [Tele. appr., M. Reed Mercado, repr., MediaNews Group, Inc.]
Docket 1488
Grant the motion.
DEBTORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
2:00 PM
Hearing RE: Motion For An Order Approving Compromise Of Controversy (Motion filed 3/16/18)
Docket 216
The Court will inquire whether the debtor intends to propose a plan paying all unsecured creditors over a period of 60 months (or some shorter period). If not, there may be an inequality with respect to the treatment of creditors.
Debtor(s):
Eric Martinson Represented By Richard Lynn Barrett
Movant(s):
Eric Martinson Represented By Richard Lynn Barrett
2:00 PM
CONT'D Hearing RE: Motion For Order Disallowing Claim: (Motion filed 8/9/17)
Claim No. 8 Renita Turner, dba Music Plus Entertainment $185,794.00 FR: 9-11-17; 11-20-17; 1-8-18; 2-12-18; 4-9-18
Docket 128
Deny the motion as moot in view of the settlement of Claim No. 8.
COURT TO PREPARE ORDER.
Debtor(s):
Eric Martinson Represented By Richard Lynn Barrett
Movant(s):
Eric Martinson Represented By Richard Lynn Barrett
9:00 AM
Kimball, Tirey & St. John LLP - movant attorney Motion for relief from stay
Monterey Station LLC vs Debtor (Motion filed 3/27/18)
RE: 180 E. Monterey Ave., #B-339, Pomona, CA 91767
Docket 11
- NONE LISTED -
Debtor(s):
Armando Guzman-Flores Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
9:00 AM
Vanlochem & Associates - movant attorney Motion for relief from stay
Nissan Motor Acceptance Corporation vs Debtor (Motion filed 3/22/18)
2017 NISSAN SENTRA, VIN # 3N1AB7AP7HY290938
Docket 12
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jose Luis Solis Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Hrg. on trustee's final report and application for compensation
Docket 0
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$178,197.71 and expenses in the amount of $981.22.
The compensation is approved as to Goe & Forsythe, LLP, with fees in the amount of $121,347.50 and expenses in the amount of $2,336.39.
The compensation is approved as to Azling & Associates, with fees in the amount of $15,365.25 and expenses in the amount of $363.19.
The Court approves the interim payments and the proposed payments for the trustee and these professionals.
The Court approves the proposed payments to holders of priority claims. CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
2:00 PM
Debtor(s):
Mall Boulevard V. V. LP Represented By Tobias E Nicholson
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
2:00 PM
Hrg. on trustee's final report; application for compensation
Docket 0
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$3,299.62 and expenses in the amount of $50.84.
The compensation is approved as to Levene, Neale, Bender Rankin & Brill, with fees in the amount of $10,000.00 and expenses in the amount of $3,428.40.
The compensation is approved as to Karl T. Anderson, with fees in the amount of $1,000.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Hope Trezza Represented By
M Wayne Tucker
2:00 PM
Trustee(s):
Lynda T. Bui (TR) Represented By Anthony A Friedman Todd A Frealy Lindsey L Smith Carmela Pagay
2:00 PM
Hrg on Trustee's Final Report and Applications for Compensation
Docket 61
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$3,856.37 and expenses in the amount of $31.99.
The compensation is approved as to Goe & Forsythe, LLP, with fees in the amount of $10,112.12 and expenses in the amount of $467.28.
The compensation is approved as to Karl T. Anderson, with fees in the amount of $2,906.84 and expenses in the amount of $625.15.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Richleigh Associates, Inc. Represented By David Lozano
2:00 PM
Trustee(s):
Karl T Anderson (TR) Represented By Robert P Goe
2:00 PM
Hrg. on trustee's final report; application for compensation
Docket 0
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$6,001.11 and expenses in the amount of $518.06.
The compensation is approved as to Karl T. Anderson, with fees in the amount of $2,775.00 and expenses in the amount of $477.17.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Lisa M Sharp Represented By
Yoon O Ham
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
2:00 PM
Hrg. on Debtor's Emergency motion filed 4/19/18 for Authorization to use Cash Collateral
(OST signed 4/20/18)
Docket 14
Likely grant.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sunpro Solar Inc. Represented By
Robert B Rosenstein
2:00 PM
Hrg. on Debtor's Emergency motion filed 4/19/18 for Authorization to Borrow on a Superpriority Basis
(OST signed 4/20/18)
Docket 15
Grant the motion, provided, however, that no secured creditor will be primed. These loans will have priority above administrative claims. 11 U.S.C. § 364(c)(1).
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sunpro Solar Inc. Represented By
Robert B Rosenstein
2:00 PM
Hrg. on Debtor's Emergency motion filed 4/19/19 for Authorization to Pay Non-
Insider Priority Wage Claims (OST signed 4/20/18)
Docket 13
Grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sunpro Solar Inc. Represented By
Robert B Rosenstein
9:00 AM
Adv#: 8:15-01391 Baek et al v. Halvorson et al
CONT'D STATUS CONFERENCE Hearing
(Set per Order Staying Memorandum Decision And Order After Bifurcated Trial On Unclean Hands Entered on 2/20/18)
FR: 2-28-18
Docket 1
The Court is somewhat in agreement with the Baek parties’ analysis of 28 U.S.C. §§ 1412, 1441, 1452. There is an important distinction between a case where a removal occurs but the removal is improper and a case where a removal never occurred in the first place. Orange County Water Dist. v. Unocal Corp., 584 F.3d 43 (2d Cir. 2009) is an instance of the former. An action pending in Orange County Superior Court was removed to the United States District Court for the Central District of California and then transferred from that Court to the United States District Court for the Southern District of New York pursuant to an order of the Multidistrict Litigation Panel. U.S. District Judge Scheindlin denied a motion to remand, concluding that removal had been proper under 28 U.S.C. § 1452. Subsequently, the United States Court of Appeals for the Second Circuit determined that 28 U.S.C. § 1452 did not authorize removal because the underlying state court action that had been removed was an action to enforce police or regulatory power.
The distinction between Orange County Water Dist. and this case is that the federal district courts in Orange County Water Dist. actually had the case (albeit improperly removed) whereas here this Court never had the case in the first instance – the docket of the United States District Court for the Eastern District of California (the "Eastern District") reflects that what has been referred to as the 1391 Action is still in the
9:00 AM
Eastern District and that the removal failed to occur. The Eastern District’s docket entry 13, dated October 21, 2015, reads: "[DISREGARD- ATTORNEY INSTRUCTED TO INITIATE NEW ACTION] NOTICE of REMOVAL to U.S.
Bankruptcy Court – Central District of California, Santa Ana Division (case # 8:15- AP-01391-MW) by all defendants . . ." Thereafter, the Eastern District twice reassigned the case to Magistrate Judges. There has not been further action in the case in the Eastern District because of a stay imposed by Senior United States District Judge William B. Shubb on October 13, 2015 pending resolution of bankruptcy proceedings or until the Eastern District lifts the stay.1
1. The issue of whether the 1391 Action was removed to this Court notwithstanding the Eastern District’s disregard of the removal notice and its continued exercise of jurisdiction over the case is above this Court’s pay grade.
If the Eastern District’s docket had acknowledged and acquiesced in (instead of rejected) the 1391 Action’s removal to this Court, it would have been open to an interested party to argue that a removal had occurred, but the removal was improper because section 1452 does not authorize or permit a removal from a federal district court to a bankruptcy court – only from a state court to a federal district court for the district in which the state court action is pending. See Curtis v. Shpak (In re Curtis), 571 B.R. 441 (B.A.P. 9th Cir. 2017). Here, however, this argument is not reached because, as stated above, the removal notice was ineffective and was disregarded by the Eastern District.
This is not so much an instance where this Court lacks subject matter jurisdiction but rather an instance where this Court never had a case in the first place. If, in a matter entirely unrelated to bankruptcy, a spouse were to file a complaint in this Court seeking a divorce under California law, this Court would lack subject matter jurisdiction but it would at least have the case. The fact remains that the Eastern District’s docket shows that the 1391 Action was never removed to this Court and that the case is still pending in the Eastern District.
9:00 AM
Much time, expense and effort was expended by all parties with respect to the 1391 Action. The Court will continue the stay of its Memorandum Decision in the 1391 Action and the 1454 Action through and including August 17, 2018 to permit interested parties to seek relief in the Eastern District and, if deemed necessary, the United States District Court for the Central District of California (the "Central District"), presumably by asking the Eastern District to transfer venue (pursuant to 28
U.S.C. § 1412) with respect to the 1391 Action to the Central District nunc pro tunc and, if necessary, to ask the Central District to refer the 1391 Action to this Court nunc pro tunc. (The Court expresses no view as to whether Central District General Order 13-05, filed and entered July 1, 2013, would automatically refer the 1391 Action to this Court or, if it does, whether such a referral would be nunc pro tunc).
The Court continues this Status Conference to August 29, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
John O. Halvorson Represented By Marc C Forsythe Charity J Miller
Dan L. Halvorson Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton
9:00 AM
Charity J Miller
Jerry Ann Randall Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Miller
PCC Fund I, LLC Pro Se
Granite Bay Partners II, LLC Pro Se
JH RE Holdings, LLC Pro Se Commercial Income Advisors, Inc. Pro Se
Plaintiff(s):
Richard Baek Represented By Reem J Bello Ali Matin
Steven J. Katzman Kyle Kveton
Pacific Commercial Group, LLC Represented By
Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
Baek 153, LLP Represented By Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
Weneta M. Kosmala Pro Se
9:00 AM
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:15-01454 Baek v. Halvorson et al
CONT'D STATUS CONFERENCE Hearing
(Set per Order Staying Memorandum Decision And Order After Bifurcated Trial On Unclean Hands Entered on 2/20/18)
FR: 2-28-18
Docket 1
The Court is somewhat in agreement with the Baek parties’ analysis of 28 U.S.C. §§ 1412, 1441, 1452. There is an important distinction between a case where a removal occurs but the removal is improper and a case where a removal never occurred in the first place. Orange County Water Dist. v. Unocal Corp., 584 F.3d 43 (2d Cir. 2009) is an instance of the former. An action pending in Orange County Superior Court was removed to the United States District Court for the Central District of California and then transferred from that Court to the United States District Court for the Southern District of New York pursuant to an order of the Multidistrict Litigation Panel. U.S. District Judge Scheindlin denied a motion to remand, concluding that removal had been proper under 28 U.S.C. § 1452. Subsequently, the United States Court of Appeals for the Second Circuit determined that 28 U.S.C. § 1452 did not authorize removal because the underlying state court action that had been removed was an action to enforce police or regulatory power.
The distinction between Orange County Water Dist. and this case is that the federal district courts in Orange County Water Dist. actually had the case (albeit improperly removed) whereas here this Court never had the case in the first instance – the docket of the United States District Court for the Eastern District of California (the "Eastern District") reflects that what has been referred to as the 1391 Action is still in the
9:00 AM
Eastern District and that the removal failed to occur. The Eastern District’s docket entry 13, dated October 21, 2015, reads: "[DISREGARD- ATTORNEY INSTRUCTED TO INITIATE NEW ACTION] NOTICE of REMOVAL to U.S.
Bankruptcy Court – Central District of California, Santa Ana Division (case # 8:15- AP-01391-MW) by all defendants . . ." Thereafter, the Eastern District twice reassigned the case to Magistrate Judges. There has not been further action in the case in the Eastern District because of a stay imposed by Senior United States District Judge William B. Shubb on October 13, 2015 pending resolution of bankruptcy proceedings or until the Eastern District lifts the stay.1
1. The issue of whether the 1391 Action was removed to this Court notwithstanding the Eastern District’s disregard of the removal notice and its continued exercise of jurisdiction over the case is above this Court’s pay grade.
If the Eastern District’s docket had acknowledged and acquiesced in (instead of rejected) the 1391 Action’s removal to this Court, it would have been open to an interested party to argue that a removal had occurred, but the removal was improper because section 1452 does not authorize or permit a removal from a federal district court to a bankruptcy court – only from a state court to a federal district court for the district in which the state court action is pending. See Curtis v. Shpak (In re Curtis), 571 B.R. 441 (B.A.P. 9th Cir. 2017). Here, however, this argument is not reached because, as stated above, the removal notice was ineffective and was disregarded by the Eastern District.
This is not so much an instance where this Court lacks subject matter jurisdiction but rather an instance where this Court never had a case in the first place. If, in a matter entirely unrelated to bankruptcy, a spouse were to file a complaint in this Court seeking a divorce under California law, this Court would lack subject matter jurisdiction but it would at least have the case. The fact remains that the Eastern District’s docket shows that the 1391 Action was never removed to this Court and that the case is still pending in the Eastern District.
9:00 AM
Much time, expense and effort was expended by all parties with respect to the 1391 Action. The Court will continue the stay of its Memorandum Decision in the 1391 Action and the 1454 Action through and including August 17, 2018 to permit interested parties to seek relief in the Eastern District and, if deemed necessary, the United States District Court for the Central District of California (the "Central District"), presumably by asking the Eastern District to transfer venue (pursuant to 28
U.S.C. § 1412) with respect to the 1391 Action to the Central District nunc pro tunc and, if necessary, to ask the Central District to refer the 1391 Action to this Court nunc pro tunc. (The Court expresses no view as to whether Central District General Order 13-05, filed and entered July 1, 2013, would automatically refer the 1391 Action to this Court or, if it does, whether such a referral would be nunc pro tunc).
The Court continues this Status Conference to August 29, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
John Olaf Halvorson Represented By Charity J Miller Marc C Forsythe
Weneta M.A. Kosmala Represented By Reem J Bello
Plaintiff(s):
Grace Baek Represented By
Ali Matin
Steven J. Katzman Kyle Kveton
9:00 AM
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:17-01120 Kosmala v. Hoosten et al
STATUS CONFERENCE RE: Complaint:
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 548(a)(1)(B) And 550;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 548(a)(1)(B) And 550;
For Breach Of Contract;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 548(a)(1)(B) And 550;
To Avoid And Recover Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550;
For Resulting Trust;
For Constructive Trust;
To Preserve Transfers For The Benefit Of The Estate Pursuant To 11
U.S.C. Section 551; And
For Attorneys' Fees And Costs (set per order entered 3-2-18)
Docket 1
- NONE LISTED -
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
David Hoosten Pro Se
9:00 AM
PCC Fund 1, LLC Pro Se
Rod Van Zandt Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Reem J Bello
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:17-01016 LMG National Publishing, Inc. v. Victor Valley Publishing Company et al
CONT'D PRE-TRIAL CONFERENCE RE: Complaint For:
Conversion;
Declaratory Judgment RE Ownership Of Property; And
Declaratory Judgment RE Resulting Trust (Complaint filed 1/31/17)
(PTC set at S/C held 4/19/17) FR: 4-19-17; 12-6-17; 2-7-18
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Victor Valley Publishing Company Represented By
Alan J Friedman Beth Gaschen
Victorville Publishing Company Represented By
9:00 AM
Alan J Friedman Beth Gaschen
Daily Press, LLC Represented By Alan J Friedman Beth Gaschen
Freedom Communications, Inc. Represented By Alan J Friedman Beth Gaschen
Freedom SPV I, LLC Represented By Alan J Friedman Beth Gaschen
Freedom SPV V, LLC Represented By Alan J Friedman Beth Gaschen
Plaintiff(s):
LMG National Publishing, Inc. Represented By Ashley M McDow Michael T Delaney
9:00 AM
Adv#: 8:17-01164 Official Committee Of Unsecured Creditors v. Road Runner Distributors,
Hearing RE: Motion For Default Judgment Under LBR 7055-1 (Motion filed 3/30/18)
Docket 19
Grant the motion.
MOVANT TO LODGE ORDER GRANTING MOTION VIA LOU WITHIN 7 DAYS.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Road Runner Distributors, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01166 Official Committee Of Unsecured Creditors v. Source One Staffing, LLC
Hearing RE: Motion For Default Judgment Under LBR 7055-1 (Motion filed 3/30/18)
Docket 22
Grant the motion.
MOVANT TO LODGE ORDER GRANTING MOTION VIA LOU WITHIN 7 DAYS.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Source One Staffing, LLC Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01168 Official Committee Of Unsecured Creditors v. 24-7 Dock and Door Repair,
HearingRE: Motion For Default Judgment Under LBR 7055-1 (Motion filed 3/30/18)
Docket 18
Grant the motion.
MOVANT TO LODGE ORDER GRANTING MOTION VIA LOU WITHIN 7 DAYS.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
24-7 Dock and Door Repair, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01171 Official Committee Of Unsecured Creditors v. Documotion Research, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18
Docket 1
The Court will inquire into the status of the settlement.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Documotion Research, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
9:00 AM
Adv#: 8:17-01173 Official Committee Of Unsecured Creditors v. Monster Worldwide, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Monster Worldwide, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01177 Official Committee Of Unsecured Creditors v. Carillon Office Technologies
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Carillon Office Technologies & Represented By Marc C Forsythe
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01178 Official Committee Of Unsecured Creditors v. A.Q.M.M., Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18 .
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
A.Q.M.M., Inc. Represented By Harlene Miller
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01179 Official Committee Of Unsecured Creditors v. C&W Acquisition Company,
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
C&W Acquisition Company, LLC Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:18-01033 Asencio v. Freedom Communications Inc. et al
Hearing RE: Motion To Continue Dates And Deadlines And To Extend Deadline To File Response To Complaint Pursuant 9006(b)(1) And Local Bankruptcy Rule 9013-1(m)
(Motion filed 3/12/18)
(Set per Notice of Hearing filed 3/16/18)
Docket 3
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Freedom Communications Inc. Represented By Ryan D ODea
Freedom Services Inc. Represented By Ryan D ODea
Wayne Vandal Pro Se
9:00 AM
Movant(s):
Freedom Communications Inc. Represented By Ryan D ODea
Freedom Services Inc. Represented By Ryan D ODea
Plaintiff(s):
Jerry Asencio Represented By Rick Y Zou Geoffrey C Lyon
9:00 AM
Adv#: 8:18-01032 Leon v. Freedom Communications Inc. et al
Hearing RE: Motion To Continue Dates And Deadlines And To Extend Deadline To File Response To Complaint Pursuant 9006(b)(1) And Local Bankruptcy Rule 9013-1(m)
(Motion filed 3/12/18)
(Set per Notice of Hearing filed 3/19/18)
Docket 3
- NONE LISTED -
Debtor(s):
Freedom Services Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Defendant(s):
Freedom Communications Inc. Represented By Ryan D ODea
Freedom Services Inc. Represented By Ryan D ODea
Wayne Vandal Pro Se
Movant(s):
Freedom Communications Inc. Represented By Ryan D ODea
Freedom Services Inc. Represented By Ryan D ODea
9:00 AM
Plaintiff(s):
Carlos Leon Represented By
Rick Y Zou Geoffrey C Lyon
9:00 AM
Adv#: 8:17-01051 Diamond Enterprises, LTD., LP v. Younessi
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Determination That Debt Is Non-Dischargeable Pursuant To 11 U.S.C. Sections 523(a)(2), (a) (4), (a)(6), And (a)(9)
(Complaint filed 4/10/17)
(Another Summons issued 6/8/17) (PTC set at S/C held 9/13/17)
FR: 6-28-17; 8-30-17; 9-13-17; 3-28-18
Docket 1
- NONE LISTED -
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
Defendant(s):
Michael Younessi Represented By
Roger Frederickson
Plaintiff(s):
Diamond Enterprises, LTD., LP Represented By
M Douglas Flahaut
9:00 AM
Adv#: 8:17-01068 Pette v. Sanders
CONT'D PRE-TRIAL CONFERENCE RE: Amended Complaint For: Nondischargeability of Pending Lawsuits Pursuant to 11 U.S.C. Section 523(a)
(6) and 11 U.S.C. Section 727(a)(4)(A)(B) (Complaint filed 5/8/17)
(Another Summons issued 5/19/17) (Amended Complaint 7/14/17) (PTC set at S/C held 10/4/17)
FR: 7-26-17; 8-30-17; 10-4-17
Docket 1
Debtor(s):
Ralph E Sanders Pro Se
Defendant(s):
Ralph E Sanders Pro Se
Plaintiff(s):
Larnita Pette Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
Adv#: 8:17-01090 Lam v. Phung
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Nondischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(4) (Complaint filed 6/2/17)
FR: 8-30-17; 1-17-18
Docket 1
The Court will inquire into whether this adversary proceeding is still headed toward settlement.
The Court will issue a scheduling order:
All discovery shall close on August 15, 2018.
All discovery motions shall be heard before September 15, 2018.
All pretrial motions (except motions in limine) shall be heard before October 15, 2018.
Pretrial conference is set for November 14, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Sen Hieu Phung Represented By Jeffrey J Hagen Daniel M Clauss
9:00 AM
Defendant(s):
Sen Hieu Phung Represented By Michael Jones
Plaintiff(s):
Elaine Lam Represented By
Jai H Kim
Trustee(s):
Jeffrey I Golden (TR) Represented By Jeffrey I Golden
9:00 AM
Adv#: 8:18-01017 Lake v. Vivers et al
STATUS CONFERENCE Hearing RE: Complaint To Determine The Dischargeability Of A Certain Debt
(Complaint filed 1/26/18)
Docket 1
The Court will issue a scheduling order:
Mediation stipulation to be filed and order lodged thereon on or before May 31, 2018. All discovery shall close on July 31, 2018.
All discovery motions shall be heard before August 31, 2018.
All pretrial motions (except motions in limine) shall be heard before September 30, 2018.
Pretrial conference is set for October 24, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Bill Vivers Represented By
Gary Polston
Defendant(s):
Bill Vivers Represented By
Christopher P Walker
9:00 AM
Juliette Vivers Represented By Christopher P Walker
Joint Debtor(s):
Julliette Vivers Represented By Gary Polston
Plaintiff(s):
Ryan Lake Represented By
Mitchell B Hannah
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Adv#: 8:18-01029 BMB Auto, LLC v. Balthasar
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2)(A) And 523 (a)(2)(B)
(Complaint filed 2/6/18)
Docket 1
The Court will issue a scheduling order:
All discovery shall close on October 31, 2018.
All discovery motions shall be heard before November 30, 2018. Next status conference: December 12, 2018 at 9:00 a.m.
Parties to file a mediation stipulation and lodge order thereon on or before May 31, 2018.
COURT TO PREPARE ORDER.
Debtor(s):
Jason Andrew Balthasar Represented By Kevin Tang
Defendant(s):
Jason Andrew Balthasar Represented By
D Edward Hays
9:00 AM
Plaintiff(s):
BMB Auto, LLC Represented By
Randall P Mroczynski
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:18-01008 Water Well Service Inc. v. Tran
CONT'D Hearing RE: Motion To Dismiss Adversary Complaint For Lack Of Service Of Summons And Failure To State A Claim
(Motion filed 2/16/18) FR: 4-4-18
Docket 5
Debtor(s):
Nhut Cong Tran Represented By Shai S Oved
Defendant(s):
Nhut Cong Tran Represented By Shai S Oved
Movant(s):
Nhut Cong Tran Represented By Shai S Oved
Plaintiff(s):
Water Well Service Inc. Represented By John B Barriage
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:18-01008 Water Well Service Inc. v. Tran
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Non- Dischargeability Of Debt Under Sections 523A(a)(6) And (4)(2) And Section 727 (a)(2) Et. Seq. Of The Bankruptcy Code
(Complaint filed 1/10/18)
(Summons issued 1/11/18) (Another Summons issued 1/11/18) FR: 4-4-18
Docket 1
Debtor(s):
Nhut Cong Tran Represented By Shai S Oved
Defendant(s):
Nhut Cong Tran Represented By Shai S Oved
Plaintiff(s):
Water Well Service Inc. Represented By John B Barriage
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
CONT'D Hearing RE: Motion For Order Abandoning All Property Of The Estate Back To Debtor
(Motion filed 3/6/18) (Response filed 3/26/18)
(Set per Notice of Hearing filed 3/26/18) FR: 4-9-18
Docket 25
Grant the motion. The Trustee’s “no-asset” report is evidence that the estate’s property is of inconsequential value and benefit to the estate. Creditor Water Well Service, Inc. presents arguments of counsel but no evidence that the Macapa Drive investment property has a value greater than that ascribed to it by debtor. The Court determines that the preponderance of the evidence is that all the debtor’s property, including the Macapa Drive Property, is of inconsequential value and benefit to the estate within the meaning of 11 USC § 554(a).
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Nhut Cong Tran Represented By Shai S Oved
Movant(s):
Nhut Cong Tran Represented By Shai S Oved Shai S Oved Shai S Oved
9:00 AM
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 6:17-01226 Hann v. Sakaya et al
Status Conference re: Complaint by Gary S Hann against Francis P Sakaya , Collis & Griffor, PC , Griffor Legal, PC , Stuart M Collins, P.C. , Beverly Marie Griffor , Babalao Investors LLC , Jacqueline Mbwille , Archie C Brown , Laura Goderis; Stuart M. Collis (Fee Not Required). Nature of Suit: (14 (Recovery of money/property - other))
(Cont. from 2/8/18)
Docket 1
- NONE LISTED -
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
STATE OF MICHIGAN Represented By Michael S Hill
Stuart M. Collis Pro Se
Laura Goderis Pro Se
Archie C Brown Pro Se
Jacqueline Mbwille Pro Se
Babalao Investors LLC Pro Se
Beverly Marie Griffor Pro Se
Stuart M Collins, P.C. Pro Se
9:00 AM
Griffor Legal, PC Pro Se
Collis & Griffor, PC Pro Se
Francis P Sakaya Pro Se
Plaintiff(s):
Gary S Hann Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Adv#: 6:17-01168 Hann v. Brickhaven Condominium Association and Its Board o
Hrg on Defendants' Motion filed 9/22/17 to Dismiss Plaintiff's Complaint (cont from 2/15/18)
Docket 15
- NONE LISTED -
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
Dewie Smith Represented By
Ryan H Nell
Starr Butler Alexopoulous & Stoner Represented By
Julie Marquis
David W Schelberg Represented By Julie Marquis
Kay Rivest Butler Represented By Julie Marquis
Karl V Fink Represented By
Jennifer E Duty Eric R Deitz
The State of Michigan Represented By Michael S Hill
Mirror Equities LLC Pro Se
9:00 AM
Bowen Equities LLC Pro Se
Aaron Selix Represented By
Ryan H Nell
Joshua R Fink Represented By Jennifer E Duty Eric R Deitz
Brickhaven Condominium Represented By Ryan H Nell
Fink & Valvo PLLC Represented By Jennifer E Duty Eric R Deitz
Anne Marie Williams Represented By Ryan H Nell
Old Town Realty Inc Represented By Ryan H Nell
Naomi E Fink Represented By
Jennifer E Duty Eric R Deitz
Thomas M Stulberg Represented By Ryan H Nell
Movant(s):
Kay Rivest Butler Represented By Julie Marquis
David W Schelberg Represented By Julie Marquis
Starr Butler Alexopoulous & Stoner Represented By
Julie Marquis
Plaintiff(s):
Gary S Hann Pro Se
9:00 AM
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Adv#: 6:17-01168 Hann v. Brickhaven Condominium Association and Its Board o
Hrg. on Defendants' Karl Fink; Naomi Fink; Joshua Fink; and Fink & Fink, PLLC sued and served as Fink & Valvo, PPLC's Motion filed 10/23/17 to Dismiss Adversary Proceeding
(cont from 2/15/18)
Docket 53
- NONE LISTED -
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
Karl V Fink Represented By
Jennifer E Duty Eric R Deitz
The State of Michigan Represented By Michael S Hill
Bowen Equities LLC Pro Se
Mirror Equities LLC Pro Se
Thomas M Stulberg Represented By Ryan H Nell
Dewie Smith Represented By
Ryan H Nell Starr Butler Alexopoulous & Stoner Represented By
9:00 AM
Julie Marquis
Aaron Selix Represented By
Ryan H Nell
Kay Rivest Butler Represented By Julie Marquis
Joshua R Fink Represented By Jennifer E Duty Eric R Deitz
Naomi E Fink Represented By
Jennifer E Duty Eric R Deitz
Old Town Realty Inc Represented By Ryan H Nell
Anne Marie Williams Represented By Ryan H Nell
Fink & Valvo PLLC Represented By Jennifer E Duty Eric R Deitz
Brickhaven Condominium Represented By Ryan H Nell
David W Schelberg Represented By Julie Marquis
Movant(s):
Karl V. Fink Represented By
Jennifer E Duty Eric R Deitz
Fink & Valvo PLLC Represented By Jennifer E Duty Eric R Deitz
Naomi E Fink Represented By
9:00 AM
Jennifer E Duty Eric R Deitz
Joshua R Fink Represented By Jennifer E Duty Eric R Deitz
Plaintiff(s):
Gary S Hann Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Hrg. on Debtor's Motion filed 10/16/17 and Brief for Gary S. Hann to be intervenor of right with respect to overt, well documented violations of the automatic stay with significant damages to accrue to bankruptcy estate, and to amend schedules C and F pursuant to FRBP 1009
(Cont. from 2/15/18)
Docket 47
- NONE LISTED -
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Movant(s):
Gary S. Hann Represented By
Charles K Young Charles K Young
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Adv#: 6:17-01168 Hann v. Brickhaven Condominium Association and Its Board o
Hrg. on Defendants' Brickhaven Condominium Association, Anne Marie Williams, Old Town Realty, Inc., Aaron Selix, Thomas M. Stulberg, Dewie Smith, and Brickhaven Condominium Association Board of Directors Motion filed 11/9/17 to Dismiss Adversary Proceeding
(Cont. from 2/15/18)
Docket 73
- NONE LISTED -
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
Karl V Fink Represented By
Jennifer E Duty Eric R Deitz
The State of Michigan Represented By Michael S Hill
Bowen Equities LLC Pro Se
Mirror Equities LLC Pro Se
Aaron Selix Represented By
Ryan H Nell
Dewie Smith Represented By
Ryan H Nell
9:00 AM
Starr Butler Alexopoulous & Stoner Represented By
Julie Marquis
Thomas M Stulberg Represented By Ryan H Nell
Kay Rivest Butler Represented By Julie Marquis
Joshua R Fink Represented By Jennifer E Duty Eric R Deitz
Naomi E Fink Represented By
Jennifer E Duty Eric R Deitz
Old Town Realty Inc Represented By Ryan H Nell
Anne Marie Williams Represented By Ryan H Nell
Fink & Valvo PLLC Represented By Jennifer E Duty Eric R Deitz
Brickhaven Condominium Represented By Ryan H Nell
David W Schelberg Represented By Julie Marquis
Movant(s):
Brickhaven Condominium Represented By Ryan H Nell
Anne Marie Williams Represented By Ryan H Nell
Old Town Realty Inc Represented By
9:00 AM
Ryan H Nell
Dewie Smith Represented By
Ryan H Nell
Aaron Selix Represented By
Ryan H Nell
Thomas M Stulberg Represented By Ryan H Nell
Plaintiff(s):
Gary S Hann Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Adv#: 6:17-01168 Hann v. Brickhaven Condominium Association and Its Board o
Hrg. on Defendant State of Michigan Motion filed 11/9/17 to Dismiss Adversary Proceeding
(Cont. from 2/15/18)
Docket 68
- NONE LISTED -
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
Karl V Fink Represented By
Jennifer E Duty Eric R Deitz
The State of Michigan Represented By Michael S Hill
Bowen Equities LLC Pro Se
Mirror Equities LLC Pro Se
Thomas M Stulberg Represented By Ryan H Nell
Aaron Selix Represented By
Ryan H Nell
Dewie Smith Represented By
Ryan H Nell
9:00 AM
David S Swart Represented By Tim Harris Ryan H Nell
Washtenaw County Sheriff Civil Represented By
Tim Harris
David W Schelberg Represented By Julie Marquis
Kay Rivest Butler Represented By Julie Marquis
Joshua R Fink Represented By Jennifer E Duty Eric R Deitz
Naomi E Fink Represented By
Jennifer E Duty Eric R Deitz
Old Town Realty Inc Represented By Ryan H Nell
Anne Marie Williams Represented By Ryan H Nell
Fink & Valvo PLLC Represented By Jennifer E Duty Eric R Deitz
Brickhaven Condominium Represented By Ryan H Nell
Starr Butler Alexopoulous & Stoner Represented By
Julie Marquis
Plaintiff(s):
Gary S Hann Pro Se
9:00 AM
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Adv#: 6:17-01168 Hann v. Brickhaven Condominium Association and Its Board o
Hrg. on Defendant's Motion to Amend Memorandum of Points and Authorities in Support of Motion to Dismiss
(Cont. from 2/15/18)
Docket 109
- NONE LISTED -
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
Karl V Fink Represented By
Jennifer E Duty Eric R Deitz
The State of Michigan Represented By Michael S Hill
Bowen Equities LLC Pro Se
Mirror Equities LLC Pro Se
Thomas M Stulberg Represented By Ryan H Nell
Aaron Selix Represented By
Ryan H Nell
Dewie Smith Represented By
Ryan H Nell
9:00 AM
Starr Butler Alexopoulous & Stoner Represented By
Julie Marquis
Kay Rivest Butler Represented By Julie Marquis
Joshua R Fink Represented By Jennifer E Duty Eric R Deitz
Naomi E Fink Represented By
Jennifer E Duty Eric R Deitz
Old Town Realty Inc Represented By Ryan H Nell
Anne Marie Williams Represented By Ryan H Nell
Fink & Valvo PLLC Represented By Jennifer E Duty Eric R Deitz
Brickhaven Condominium Represented By Ryan H Nell
David W Schelberg Represented By Julie Marquis
Plaintiff(s):
Gary S Hann Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Adv#: 6:16-01165 Hinshaw-Thomas v. KABIR
PRE-TRIAL CONFERENCE re: Complaint by Janet Hinshaw-Thomas against Homayun Kabir. false pretenses, false representation, actual fraud)) (Brown, Tyler)
(Cont. from 10/19/17)
Docket 1
The Court will continue the pretrial conference to August 9, 2018 at 9:00 a.m. (July 26 is unavailable; Court’s calendar has been amended).
COURT TO PREPARE ORDER.
Debtor(s):
HOMAYUN KABIR Represented By Mark D Edelbrock
Defendant(s):
HOMAYUN KABIR Pro Se
Plaintiff(s):
Janet Hinshaw-Thomas Represented By Tyler H Brown
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Adv#: 6:17-01233 Cisneros v. Widly
Status Conference re Complaint by Arturo Cisneros against John R Widly Nature of Suit: (91 (Declaratory judgment)
(Cont. from 2/8/18)
Docket 1
Continue the status conference to June 28, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Widly, Inc. Represented By
Richard R Hurley - SUSPENDED -
Defendant(s):
John R Widly Represented By
Lawrence La Rocca
Plaintiff(s):
Arturo Cisneros Represented By Melissa Davis Lowe
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman
9:00 AM
Adv#: 6:17-01273 Fleming, Sr et al v. Fleming, Jr et al
STATUS CONFERENCE Hearing RE: lawsuit pending in State Court to Bankruptcy Court
(Notice of Removal filed 12/13/17)
[RE: Superior Court Of The State Of California For The County Of Orange, Case No 30-2015-00805846-CU-FRCJC ]
[Case: Havasu Lakeshore Investments, LLC v. Terry L. Fleming, Sr. et al., ]
Docket 0
The Court will issue a scheduling order:
All discovery shall close on September 15, 2018.
All discovery motions shall be heard before October 15, 2018.
All pretrial motions (except motions in limine) shall be heard before November 15, 2018.
A status conference is set for November 15, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Defendant(s):
Terry Lee Fleming Jr Represented By Michael B Reynolds
Patricia Wilson-Fleming Represented By Randall S. Waier
Havasu Landing LLC Represented By Michael B Reynolds
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till James E Till
Havasu Lakeshore Investments Represented By Martin A Eliopulos
9:00 AM
Adv#: 6:17-01272 Fleming, Sr et al v. Doucette
STATUS CONFERENCE Hearing RE: lawsuit pending in State Court to Bankruptcy Court
(Notice of Removal filed 12/13/17)
[RE: Superior Court Of The State Of California For The County Of Riverside, Case No PSC1502480 ]
[Case: Havasu Lakeshore Investments, LLC v. Terry L. Fleming, Sr. et al., ]
Docket 0
Continue to September 13, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Katherine Doucette Represented By Randall S. Waier
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till James E Till James E Till
Havasu Lakeshore Investments Represented By
9:00 AM
Martin A Eliopulos
9:00 AM
Adv#: 6:17-01272 Fleming, Sr et al v. Doucette
Hrg. on Plaintiffs Motion filed 1/12/18 to Remand Removed Action (Cont. from 2/8/18)
Docket 8
Havasu Lakeshore Investments, LLC may file a reply to the Joinder in Debtor’s Opposition to Motion by Havasu Lakeshore Investments, LLC for Remand on or before May 15, 2018.
Continue the hearing on the remand motion to June 13, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Katherine Doucette Represented By Randall S. Waier
Movant(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
Plaintiff(s):
Terry Lee Fleming Sr Represented By
9:00 AM
James E Till James E Till James E Till
Havasu Lakeshore Investments Represented By Martin A Eliopulos
9:00 AM
Adv#: 6:17-01272 Fleming, Sr et al v. Doucette et al
Hrg on Defendants Motion For Summary Judgment or, in the Alternative, Partial Summary Judgment
Docket 21
As Havasu Lakeshore Investments, LLC points out in its opposition, the Motion by Terry L. Fleming, Jr. and Havasu Landing, LLC, for Summary Judgment or, in the Alternative, Partial Summary Judgment (the "Motion") was filed in the wrong adversary proceeding.
On November 15, 2017 Terry Lee Fleming, Sr. ("Debtor") filed a chapter 11 petition. On December 13, 2017 Debtor filed a notice of removal, removing the lawsuit entitled
Havasu Lakeshore Investments, LLC v. Terry L. Fleming, Sr. et al., case no. PSC1502480 (the "Riverside County Action"), from the Superior Court of the State of California, County of Riverside to the United States Bankruptcy Court for the Central District of California, initiating adversary proceeding 6:17-ap-01272-MW (the "1272 Action"). According to the notice of removal the defendants in the Riverside County Action are Debtor and Katherine Doucette (plus Does), and the Riverside County Action involves Debtor’s "alleged transfer of real property located at 44808 Del Dios Circle, Indian Wells, California 92210" to Katherine Doucette. A copy of the underlying complaint was not attached to the notice of removal.
Also on December 13, 2017 Debtor filed another notice of removal, removing the lawsuit entitled Havasu Lakeshore Investments, LLC v. Terry L. Fleming, Sr. et al., case no. 30-2015-00805846-CU-FRCJC (the "Orange County Action") from the Superior Court of the State of California, County of Orange to the United States Bankruptcy Court for the Central District of California, initiating adversary proceeding 6:17-ap-01273-MW (the "1273 Action"). According to the notice of
9:00 AM
removal the defendants in the Orange County Action are Debtor, Patricia Wilson- Fleming, Terry L. Fleming, Jr. and Havasu Landing, LLC ("Havasu Landing") (plus Does), and the Orange County Action involves Debtor’s "alleged transfer of various items of personal property, including an alleged interest in Havasu Landing and certain accounts at JPMorgan Chase Bank and Wells Fargo" to Terry L. Fleming, Jr. and Patricia Wilson-Fleming. A copy of the underlying complaint was not attached to the notice of removal.
This Motion was filed in the 1272 Action. The caption of the Motion indicates that the defendants include Terry Lee Fleming, Sr., Terry L. Fleming, Jr., Havasu Landing, LLC and Patricia Wilson-Fleming, which is confusing because these are the defendants in the 1273 Action adversary proceeding, not the 1272 Action that the Motion was filed in. The Motion also notes that "this action was removed from Superior Court for the State of California, County of Orange, Havasu Lakeshore Investments, LLC v. Terry L Fleming, Sr., et al., Case No. 30-2015-00805846-CU- FR-CJC," which action relates to the 1273 Action, not the 1272 Action that the Motion was filed in.
Because the Motion was filed in the wrong adversary proceeding, the Court denies the Motion without prejudice. The Motion may be refiled in the correct adversary proceeding.
RESPONDENT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Katherine Doucette Represented By Randall S. Waier
Havasu Landing, LLC Represented By Michael B Reynolds
Terry Fleming, Jr. Represented By
9:00 AM
Michael B Reynolds
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till James E Till James E Till
Havasu Lakeshore Investments Represented By Martin A Eliopulos
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Bank Of America, N.A. vs. DEBTOR (Motion filed 2/13/18)
[RE: 25 Hunter, Irvine, CA 92620]
FR: 3-26-18
Docket 54
- NONE LISTED -
Debtor(s):
Sunny Hoss Represented By
Peter Rasla
Movant(s):
Bank of America, N.A. Represented By Brandye N Foreman Taka D Hudson Luisa M Amador Robert T Phifer Christina J O
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation, A Servicing Agent For Toyota Lease Trust vs. DEBTORS
(Motion filed 2/21/18)
[RE: 2015 Toyota Prius - VIN No.: JTDKDTB37F1109225]
FR: 3-26-18
Docket 34
- NONE LISTED -
Debtor(s):
Abraham Hamideh Represented By Joseph M Hoats
Joint Debtor(s):
Randa Hamida Represented By Joseph M Hoats
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Wells Fargo Bank, N.A., vs. DEBTOR (Motion filed 2/26/18)
[RE: 28841 Yosemite PL Canyon Lake, CA 92587]
FR: 3-26-18
Docket 28
- NONE LISTED -
Debtor(s):
Fred Asafu-Adjaye Represented By Kevin Tang
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Kevin Tang
Movant(s):
WELLS FARGO BANK, N.A. Represented By
Dane W Exnowski
9:00 AM
Hearing RE: Debtor's Motion For Order Partially Disallowing Claim: (Motion filed 3/28/18)
Claim No. 363 Arizona Public Service $2,589.16
(Partial Amount: $1,160.16)
Docket 304
Grant the motion and partially disallow Claim No. 363 by $1,160.16.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Hearing RE: Debtor's Motion For Order Disallowing Claim: (Motion filed 3/28/18)
Claim No. 349 Franchise Tax Board $800.00
Docket 306
- NONE LISTED -
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Hearing RE: Debtor's Motion For Order Disallowing Claim: (Motion filed 3/28/18)
Claim No. 403 Bexar County $3,982.61
Docket 308
Grant the motion and disallow Claim No. 403 in its entirety.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Hearing RE: Debtor's Motion For Order Partially Disallowing Claim: (Motion filed 3/28/18)
Claim No. 335 Waste Management Of Arizona, Inc. $1,038.73
(Partial Amount: $272.01)
Docket 310
Grant the motion and partially disallow Claim No. 335 by $272.01.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Hearing RE: Debtor's Motion For Order Disallowing Claim: (Motion filed 3/28/18)
Claim No. 274 Texas Comptroller Of Public Accounts $76,902.00
Docket 312
Grant the motion and disallow Claim No. 274 in its entirety.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Hearing RE: Debtor And Debtor-in-Possession's Motion For Order Disallowing Claim:
(Motion filed 3/28/18)
Claim No. 422 GTT Communications, Inc. $152,052.14
Docket 314
- NONE LISTED -
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
CONT'D Hearing RE: Renewal Use Of Cash Collateral (Motion filed 11/7/17) (Set per Order Entered 12/12/17)
FR: 1-5-18; 1-12-18; 2-26-18; 4-9-18
Docket 5
The Court will inquire into the status of this matter.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
Movant(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Marc J Winthrop Andrew B Levin Andrew B Levin Garrick A Hollander Garrick A Hollander
Marvin Maurice Oliver Marvin Maurice Oliver
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 case (Petition filed 11/6/17)
FR: 1-17-18; 2-26-18; 4-9-18
Docket 27
The Debtor’s status report was very helpful to the Court.
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: August 1, 2018 at 9:00 a.m. with an updated status report due July 24, 2018.
COURT TO PREPARE ORDER.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Hearing RE: Debtor And Debtor-In-Possession's Motion For Order Disallowing Claim:
(Motion filed 3/30/18)
Claim No. 322 Reliant Energy Retail Services, Inc. $16,755.73
Docket 333
Grant the motion and disallow Claim No. 322 in its entirety.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Hearing RE: Debtor And Debtor-in-Possession's Omnibus Motion For Order Partially Disallowing Claims As Satisfied In Accordance With 11 U.S.C. Section 365(d)(3):
(Motion filed 3/30/18)
Claim No. 424 Cole MT San Jose CA, LP $26,668.72
*****OFF CALENDAR - CLAIM NO. 424 ONLY - NOTICE OF OMNIBUS WITHDRAWAL FILED 4/17/18 - Docket No. [388]
Claim No. 326 Craig Realty Group-Anthem, L.P. $43,980.88
*****OFF CALENDAR - CLAIM NO. 424 ONLY - NOTICE OF OMNIBUS WITHDRAWAL FILED 4/17/18 - Docket No. [388]
Claim No. 80 Donahue Schriber Realty Group, LP $116,191.64 (as amended)
*****OFF CALENDAR - CLAIM NO. 80 (AS AMENDED) ONLY - NOTICE OF OMNIBUS WITHDRAWAL FILED 4/17/18 - Docket No. [388]
Claim No. 86 DS Paso Crossing, LLC $92,514.92 (as amended)
*****OFF CALENDAR - CLAIM NO. 86 (AS AMENDED) ONLY - NOTICE OF OMNIBUS WITHDRAWAL FILED 4/17/18 - Docket No. [388]
Clam No. 333 ERGS XIV REO Owner, LLC $70,478.67
*****OFF CALENDAR - CLAIM NO. 333 ONLY - NOTICE OF OMNIBUS WITHDRAWAL FILED 4/17/18 - Docket No. [388]
Claim No. 434 Foothill Pacific Town Centre $9,160.20
*****OFF CALENDAR - CLAIM NO. 434 ONLY - NOTICE OF OMNIBUS WITHDRAWAL FILED 4/17/18 - Docket No. [388]
Claim No. 396 FW CA-Mariposa Gardens $33,779.60 Shopping Center, LLC
9:00 AM
Claim No. 233 | GRI Park Plaza, LLC | $170,968.68 |
Claim No. 331 | Manteca Lifestyles Center, LLC | $53,664.53 |
*****OFF CALENDAR - CLAIM NO. 331 ONLY - NOTICE OF OMNIBUS WITHDRAWAL FILED 4/17/18 - Docket No. [388]
Claim No. 11 Meadowood Mall SPE, LLC $272,796.45 (as amended)
*****OFF CALENDAR - CLAIM NO. 11 (AS AMENDED) ONLY - NOTICE OF OMNIBUS WITHDRAWAL FILED 4/17/18 - Docket No. [388]
Claim No. 313 | MGP IX Properties LLC | $47,560.05 |
Claim No. 314 | MGP X Properties LLC | $42,106.00 |
Claim No. 315 | MWMGP IX Properties LLC | $79,050.82 |
Claim No. 87 (as amended) | Peter P. Bollinger Investment Company, LLC | $157,626.94 |
Claim No. 270 (as amended) | SARM Five Points Plaza, LLC | $210,079.52 |
Claim No. 14 (as amended) | Simon Financing Partnership, LP | $51,792.45 |
*****OFF CALENDAR - CLAIM NO. 14 (AS AMENDED) ONLY - NOTICE OF OMNIBUS WITHDRAWAL FILED 4/17/18 - Docket No. [388]
Claim No. 89 Sunrise Mall Property LLC $92,433.26 (as amended)
*****OFF CALENDAR - CLAIM NO. 89 (AS AMENDED) ONLY - NOTICE OF OMNIBUS WITHDRAWAL FILED 4/17/18 - Docket No. [388]
Claim No. 418 Teachers Insurance and $699,140.09 Annuity Association of America
*****OFF CALENDAR - CLAIM NO. 418 ONLY - NOTICE OF WITHDRAWAL FILED 4/23/18 - Docket No. [391]
9:00 AM
Claim No. 402 U.S. Bank, National Association, as Trustee, $60,999.84 in trust for the registered holders of Banc of
America Merrill Lynch Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2007-1
*****OFF CALENDAR - CLAIM NO. 402 ONLY - NOTICE OF OMNIBUS WITHDRAWAL FILED 4/17/18 - Docket No. [388]
Claim No. 296 Yacoel 2015 Partners LP and $89,277.56 Ridgeview Reno LLC
*****OFF CALENDAR - CLAIM NO. 296 ONLY - NOTICE OF WITHDRAWAL FILED 4/16/18 - Docket No. [386]]
Docket 335
Grant as to all claim objections except (1) the objection to FW CA-Mariposa Garden’s claim (as to that claim, the Court will inquire whether Debtor stopped payment on the payment check mailed to that creditor) and (2) claims with respect to which a notice of withdrawal was filed (provided, however, that the Court will deem such withdrawal as to be with prejudice).
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Hearing RE: Debtor and Debtor-in-Possession's Omnibus Motion For Order Disallowing Claims:
(Motion filed 3/30/18)
Claim No. 450 Travelers Indemnity Company And Unliquidated Claim Its Property Casualty Insurance Affiliates
Claim No. 451 Travelers Indemnity Company And Unliquidated Claim Its Property Casualty Insurance Affiliates
Docket 331
Grant the motion and disallow Claim Nos. 450 and 451 in their entirety. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Hearing RE: Debtor's Motion For Order Partially Disallowing Claim: (Motion filed 3/30/18)
Claim No. 13 Premium Outlet Partners, L.P. $16,669.17
Docket 323
Grant the motion and partially disallow Claim No. 13 in the amount of $5,726.75 (administrative rent claim).
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Hearing RE: Debtor's Motion For Order Partially Disallowing Claim: (Motion filed 3/30/18)
Claim No. 219 Excel Monte Vista LP $219,083.28
Docket 325
Grant the motion and partially disallow Claim No. 219 in the amount of $98,410.16 (administrative rent claim).
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Hearing RE: Debtor's Motion For Order Partially Disallowing Claim: (Motion filed 3/30/18)
Claim No. 227 BPP Southern Palm LLC $204,518.30
Docket 327
Grant the motion and partially disallow Claim No. 227 in the amount of $10,887.96 (administrative rent claim).
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Hearing RE: Debtor's Motion For Order Partially Disallowing Claim: (Motion filed 3/30/19)
Claim No. 232 Tracy Mall Partners, L.P. $212.00
Docket 329
Grant the motion and partially disallow Claim No. 232 in the amount of $212.00 (administrative rent claim).
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Hearing RE: Debtor's Motion For Order Approving Compromise Of Controversy With Wells Fargo Bank, N.A.
(Motion filed 4/6/18)
Docket 374
Grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Hearing RE: Debtor's Motion For Order Approving The Sale Of Intellectual Property Assets Of The Estate Free And Clear Of Liens, Claims, And Interests Pursuant To 11 U.S.C. Section 363
(Motion filed 4/6/18)
Docket 368
Grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
2:00 PM
Hearing RE: Omnibus Motion For Order Disallowing Claims Which Are Not Obligations Of The Debtor Pursuant To 11 U.S.C. Section 502 And For Disgorgement Of Plan Distributions Pursuant To 11 U.S.C. Section 105: (Motion filed 3/28/18)
Scheduled Claim: | Bank Of America | $90,418.49 |
Scheduled Claim: | Bank Of America | $16,766.87 |
Scheduled Claim: | Bank Of America | $2,606.05 |
Scheduled Claim: | Bank Of America | $737.02 |
Scheduled Claim: | Quest Diagnostics | $1,388.67 |
Scheduled Claim: | Quest Diagnostics | $23,751.31 |
Docket 525
Grant the motion in part. Disallow claims in full. The Court declines to order disgorgement at this time. FRBP 7001(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
2:00 PM
Debtor(s):
Advanced Biomedical, Inc. Represented By Asa W Markel Dixon Gardner
Robert S Marticello Philip E Strok
Kyra E Andrassy
2:00 PM
CONT'D Hearing RE: Motion By U.S. Trustee To Dismiss Or Convert Case Pursuant To 11 U.S.C. 1112(b); And Request For Judgment For Quarterly Fees Due And Payable To The United States Trustee At The Time Of The Hearing; (Motion filed 12/19/17)
FR: 10-18-17; 1-29-18; 3-5-18
Docket 43
If the Debtor stipulates to dismissal, the Court will grant the UST’s motion to dismiss. UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Se Y Oh Represented By
Stephen R Wade Richard H Lee
Movant(s):
United States Trustee (SA) Represented By Queenie K Ng
2:00 PM
Hearing RE: Application For Payment Of Final Fees And/Or Expenses For The Period From June 5, 2017 To Present
(Application filed 4/6/18)
[RE: LAW OFFICES OF STEPHEN R. WADE, P.C. - Attorney for Debtor]
[Fees: $27,582.50; Expenses: $2,570.18]
Docket 96
The Court’s order approving Mr. Wade’s employment entered February 5, 2018 was retroactive to services rendered on or after November 22, 2017. However, the application seeks approval for $507.50 for unpaid prepetition services plus $1,402.50 for fees for services rendered on August 7, 2017.
The Court will reduce fees by 75 percent of these amounts, or $1,432.50. Approve fees of $26,150.00 and costs of $2,570.16.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Se Y Oh Represented By
Stephen R Wade Richard H Lee
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order Authorizing Compromise Of Controversy With Charles Daff, The Predecessor Chapter 7 Trustee, Pursuant To Federal Rule Of Bankruptcy Procedure 9019
(Motion filed 3/14/18) (Opposition filed 3/30/18) (Set per Notice of Hearing filed 4/3/18)
Docket 789
Grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Private Asset Group, Inc Represented By
Matthew E Faler - SUSPENDED -
Trustee(s):
Peter J Mastan (TR) Represented By Thomas H Casey Steve Burnell
Lei Lei Wang Ekvall Autumn D Spaeth ESQ
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
AMERICAN FINANCIAL SERVICES INC vs Debtor
(Motion filed 4/3/18)
RE: 2016 Kia Sedona, VIN KNDMB5C1XG6084039
Docket 8
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Courtney St James Represented By Daniel King
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
Hrg on Trustee's Final Report and Applications for Compensation
Docket 40
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$7,000.00 and expenses in the amount of $241.40.
The compensation is approved as to Marshack Hays, LLP, with fees in the amount of $13,829.00 and expenses in the amount of $632.68.
The compensation is approved as to Hahn Fife, with fees in the amount of
$1,668.00 and expenses in the amount of $251.50.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ruth Maldonado Pro Se
Trustee(s):
Charles W Daff (TR) Represented By
2:00 PM
D Edward Hays David Wood
2:00 PM
Hrg. on trustee's final report; applications for compensation
Docket 0
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$542.25 and expenses in the amount of $33.79.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ivan Acosta Represented By
Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg on Order to Show Cause re Dismissal
Docket 1
- NONE LISTED -
Debtor(s):
Landview Investment Co Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Adv#: 8:16-01204 Naylor v. Farrell et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
For An Accounting;
To Avoid Actual Fraudulent Transfers;
To Avoid Constructively Fraudulent Transfers;
To Recover Property Fraudulently Transferred;
For Turnover Of Property Of The Estate; And,
For Equitable Subordination Of The Claim Of Richard E. Farrell (Complaint filed 9/16/16)
FR: 12-7-16; 5-31-17; 10-4-17; 11-29-17; 3-28-18
Docket 1
- NONE LISTED -
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Defendant(s):
Richard C. Farrell Pro Se
Richard E. Farrell Pro Se
Irma Farrell Pro Se
C3 Lighting Solutions, Inc. Pro Se
9:00 AM
Plaintiff(s):
Karen Sue Naylor Represented By Nanette D Sanders Brian R Nelson
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
Adv#: 8:17-01218 California Franchise Tax Board v. Buttram et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(1)(B)(i) (Complaint filed 11/7/17)
FR: 1-31-18
Docket 1
- NONE LISTED -
Debtor(s):
Marlon B. Buttram Represented By Steven B Lever
Defendant(s):
Marlon Buttram Represented By Lisa Nelson
Ronnell Buttram Represented By Lisa Nelson
Joint Debtor(s):
Ronnell L. Buttram Represented By Steven B Lever
Plaintiff(s):
California Franchise Tax Board Represented By Suman Mathews
9:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 case (Petition filed 3/22/16)
FR: 6-1-16; 8-24-16; 10-12-16; 1-25-17; 2-8-17; 5-31-17; 10-18-17; 1-31-18
Docket 1
The Court will inquire into compliance with United States Trustee guidelines and requirements and invite the Debtor to select an available date for a disclosure statement hearing (and, if necessary, file an amended disclosure statement to take account of recent events such as the BOE settlement).
Next status conference: August 1, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
9:00 AM
Adv#: 8:17-01076 The William G. Joiner Trust Dated 2/6/02 v. Magness et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Exception To Discharge Under 11 U.S.C. Section 523
(Complaint filed 5/15/17) (PTC set at S/C held 8/2/17)
FR: 8-2-17; 3-28-18
Docket 0
The Court will adopt plaintiff’s proposed pretrial order.
Witnesses and exhibits will be limited to those set forth in plaintiff’s proposed pretrial order.
The Court will require that direct testimony be made by declarations. All declarations shall be filed on or before June 15, 2018.
Trial briefs shall be filed on or before July 15, 2018.
The Court will hold a status conference on August 1, 2018 at 9:00 a.m. to set trial dates.
COURT TO PREPARE ORDER.
Debtor(s):
Shannon Marie Magness Pro Se
Defendant(s):
Shannon Marie Magness Pro Se
9:00 AM
Kelly Scott Johnson Pro Se
Joint Debtor(s):
Kelly Scott Johnson Pro Se
Plaintiff(s):
The William G. Joiner Trust Dated Represented By
Meghan C Sherrill Penelope Parmes Michael E McCarthy
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/28/16)
FR: 2-8-17; 5-3-17; 7-26-17; 9-13-17; 12-5-17; 2-14-18
Docket 1
Continue the status conference to August 1, 2018 at 9:00 a.m. with an updated status report due July 15, 2018.
COURT TO PREPARE ORDER.
Debtor(s):
Blue Light Capital Corp Represented By Alan M Lurya
9:00 AM
Adv#: 6:16-01247 Western Union Financial Services, Inc. v. Awad
STATUS CONFERENCE re: Complaint by Western Union Financial Services, Inc. against Issa Ibrahim Awad. fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud))
Docket 1
The Court will set this case for trial on August 21, 2018 at 9:00 a.m. Trial will commence promptly at 9:00 a.m., go to noon, re-commence at 1:30 p.m. and go to 4:30 p.m.
COURT TO PREPARE ORDER.
Debtor(s):
Issa Ibrahim Awad Represented By Chris Scarcella
Defendant(s):
Issa Ibrahim Awad Represented By James Husen
Plaintiff(s):
Western Union Financial Services, Represented By
Ross A Spector
9:00 AM
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Adv#: 6:17-01192 Zagros Horizons USA, Inc. v. Bagheritarie
Hrg on Defendant's Motion to Dismiss Adversary Proceeding (Cont. from 1/11/18)
Docket 7
Continue to August 30, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Frank Bagheritarie Represented By Neil R Hedtke
Defendant(s):
Frank Bagheritarie Represented By Varand Gourjian
Plaintiff(s):
Zagros Horizons USA, Inc. Represented By Dina Farhat Paymon Bidari
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
9:00 AM
Adv#: 6:17-01192 Zagros Horizons USA, Inc. v. Bagheritarie
STATUS CONFERENCE Re: Complaint for: 1. Declaratory relief 2. Preliminary injunction 3. Avoidance and recovery of actual fraudulent transfers (11 U.S.C. §§ 548(1)(A) and 550) 4. Avoidance and recovery of actual fraudulent transfers (CCP §3439) 5. Avoidance and recovery of constructive fraudulent transfer (11
U.S.C. §§5549(a)(1)(B) and 550) (Cont. from 1/1/18)
Docket 1
The parties shall lodge a mediation order on or before June 15, 2018 with the names of the mediator and alternate mediator.
Continue the status conference to August 30, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Frank Bagheritarie Represented By Neil R Hedtke
Defendant(s):
Frank Bagheritarie Represented By Varand Gourjian
Plaintiff(s):
Zagros Horizons USA, Inc. Represented By
9:00 AM
Trustee(s):
Dina Farhat Paymon Bidari
John P Pringle (TR) Represented By Wesley H Avery
2:00 PM
Hrg. on Chapter 11 Status Conference (Cont. from 1/9/18)
Docket 0
- NONE LISTED -
Debtor(s):
Murray Altman Represented By Andrew S Bisom
3:00 PM
Hrg. on Chapter 11 Status Conference (Cont. from 1/9/18)
Docket 0
- NONE LISTED -
Debtor(s):
Murray Altman Represented By Andrew S Bisom
9:00 AM
Motion for relief from stay [Real Property]
Seterus, Inc. As The Authorized Subservicer For Federal National Mortgage Association ("Fannie Mae"), Its Successors And/Or Assigns vs. DEBTORS (Motion filed 4/10/18)
[RE: 17776 Buena Vista Avenue, Yorba Linda, California 92886]
Docket 12
The motion is granted pursuant to 11 U.S.C. § 362(d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
Box 12. Upon entry of the order, for purposes of Cal. Civ. Code § 2923.5, the Debtor is a borrower as defined in Cal. Civ.Code § 2920.5(c)(2)(C).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Daniel Eugene Williams Represented By Harlene Miller
Joint Debtor(s):
Linda Cuevas Williams Represented By Harlene Miller
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
LQ Management L.L.C. vs. DEBTOR (Motion filed 4/11/18)
[RE: 752 South Clementine Street, Room 310, Anaheim, CA 92802]
Docket 29
Debtor(s):
Anthony Jerome Maxey Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Vaselyos Petros Kapetanios vs. DEBTOR (Motion filed 4/12/18)
[RE: Case Name: Vaselyos Petros Kapetanios v. Goody's Cafe, et al.] [Docket Number: ADJ10338379]
[Pending In: Department Of Worker's Compensation Board, San Diego]
Docket 15
Debtor(s):
Wael Ali Represented By
Ricardo Nicol
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
Hearing RE: Amended Trustee's Final Report And Application For Compensation And Reimbursement Of Expenses
(Final Report filed 4/6/18)
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $55,755.00; Expenses: $4,600.21]
[RE: MIRMAN, BUBMAN & NAHMIAS, LLP - Former Attorney For Chapter 7 Trustee]
[Fees: $28,016.00; Expenses: $1,202.07]
[RE: CROWE HORWATH LLP - Accountant For Chapter 7 Trustee] [Fees: $27,117.05; Expenses: $18.05]
RE: BAKER & HOSTETLER, LLP - Attorney For Chapter 7 Trustee] [Fees: $702,663.90; Expenses: $20,949.09]
[RE: HAHN FIFE & COMPANY LLP - Accounant For Chapter 7 Trustee] [Fees: $1,701.00; Expenses: $258.60]
[RE: INDEPENDENT MANAGEMENT SERVICES - Field Agent For Chapter 7
Trustee]
[Fees: $7,181.25; Expenses: $4,473.37]
Docket 709
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
2:00 PM
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$55,755.00 and expenses in the amount of $4,600.21.
The compensation is approved as to Mirman, Bubman & Nahmias, with fees in the amount of $28,016.00 and expenses in the amount of $1,202.07.
The compensation is approved as to Crowe Horwath, LLP, with fees in the amount of $27,117.05 and expenses in the amount of $18.05.
The compensation is approved as to Baker & Hostetler, LLP, with fees in the amount of $702,663.90 and expenses in the amount of $20,945.09.
The compensation is approved as to Hahn Fife & Company, LLP, with fees in the amount of $1,701.00 and expenses in the amount of $258.60.
The compensation is approved as to Independent Management Services, with fees in the amount of $7,181.25 and expenses in the amount of $4,473.37.
The Court approves all interim and proposed payments.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jeffrey Sumner Childs Pro Se
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow
Jeffrey I Golden (TR) Michael T Delaney
2:00 PM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses:
(Final Report filed 4/3/18)
[RE: JEFFREY I. GOLDEN - Chapter 7 Trustee] [Fees: $61,537.77; Expenses: $143.82]
[RE: BAKER & HOSTETLER, LLP - Attorney For Chapter 7 Trustee] [Fees: $599,464.89; Expenses: $29,889.96]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $4,252.50; Expenses: $390.90]
[FORCE 10 PARTNERS - Chapter 7 Trustee's Marketing Agent and Broker] [Fees: $29,383.33; Expenses: $1,800.00]
[RE: PROVINCE, INC. - Chapter 7 Trustee's Financial Advisor] [Fees: $20,230.00]
[RE: ADAM MEISLIK - Receiver]
[Fees: $21,120.00; Expenses: $5,181.75]
[RE: ARENT FOX LLP - Attorney for Receiver] [Fees: $107,191.50; Expenses: $1,329.14]
Docket 315
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in
2:00 PM
excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$61,537.77 and expenses in the amount of $143.82.
The compensation is approved as to Baker & Hostetler, LLP, with fees in the amount of $599,464.89 and expenses in the amount of $29,889.96.
The compensation is approved as to Hahn Fife & Company, LLP, with fees in the amount of $4,252.50 and expenses in the amount of $390.90.
The compensation is approved as to Force 10 Partners, with fees in the amount of $29,383.33 and expenses in the amount of $1,800.00.
The compensation is approved as to Province, Inc., with fees in the amount of
$20,230.00.
The Court also approves the following fees and expenses: Adam Meislik fees: $21,120.00
Adam Meislik expenses: 5,181.75
Arent Fox fees: $107,191.50 Arent Fox expenses: $1,329.14
The Court approves all interim and proposed payments.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Andrew Grimalda Pro Se
Joint Debtor(s):
Margaret Grimalda Pro Se
2:00 PM
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow Michael T Delaney Fahim Farivar
2:00 PM
Hearing RE: Motion For Order Disallowing And Reducing Claims Of Siemens Healthcare Diagnostics, Inc. And For Disgorgement Of Plan Distributions Pursuant To 11 U.S.C. Section 105:
(Motion filed 3/28/18)
Claim No. 9 Siemens Healthcare Diagnostics, Inc. $562,524.33
Docket 527
- NONE LISTED -
Debtor(s):
Advanced Biomedical, Inc. Represented By Asa W Markel Dixon Gardner
Robert S Marticello Philip E Strok
Kyra E Andrassy
2:00 PM
Hearing RE: Motion For Order To Grant Sanctions Against The Reorganized Advanced Biomedical, Inc. And Reach Laboratories, LLC For Violating Court Order And COnfirmed Plan Of Reorganization
(Motion filed 4/16/18)
Docket 539
- NONE LISTED -
Debtor(s):
Advanced Biomedical, Inc. Represented By Asa W Markel Dixon Gardner
Robert S Marticello Philip E Strok
Kyra E Andrassy
2:00 PM
Hearing RE: Motion To Determine The Value Of Collateral For The Purpose Of Plan Confirmation
(Motion filed 4/12/18)
Docket 94
Grant the motion.
The Court will inquire why the motion refers to Luis Rosales as the appraiser when the appraisal seems to have been performed by Paul Maimone.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mohdsameer Aljanedi Dental Represented By Andy C Warshaw
2:00 PM
CONT'D Hearing RE: Debtor And Debtor-in-Possession's Motion For Order Disallowing Claim:
(Motion filed 3/28/18)
Claim No. 422 GTT Communications, Inc. $152,052.14 FR: 4-30-18
Docket 314
Grant the motion, sustain the objection and disallow Claim No. 422 of GTT in its entirety.
GTT has the burden of proof by a preponderance of the evidence and has failed to make a sufficient showing that it had an agreement with Debtor.
As a second independent ground for its decision, the Court strikes the Declaration of Min Swe because the jurat does not conform to the requirements of 28 USC § 1746, leaving the opposition to the motion unsupported by any evidence.
As a third independent ground for its decision, the Court determines that any postpetition services provided to the estate did not benefit the estate for the reasons set forth in Debtor’s reply.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin
2:00 PM
Garrick A Hollander Marvin Maurice Oliver
2:00 PM
Hearing RE: Motion In Individual Chapter 11 Case For Order Authorizing Use Of Cash Collateral
(Motion filed 4/16/18)
Docket 16
Debtor(s):
Jamal Elyazal Represented By Andrew Moher
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
Santander Consumer USA Inc vs Debtors (Motion filed 4/11/18)
RE: 2008 Volkswagen New Beetle, VIN 3VWPW31C48M518058
Docket 11
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Adrian Michael Varela Represented By Neil R Hedtke
Joint Debtor(s):
Kendra Mae Varela Represented By Neil R Hedtke
9:00 AM
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
U.S. Bank National Association vs. DEBTOR (Motion filed 4/16/18)
Re: 13061 Snowview Road, Victorville, CA 92392
Docket 10
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
Box 12. Upon entry of the order, for purposes of Cal. Civ. Code § 2923.5, the Debtor is a borrower as defined in Cal. Civ.Code § 2920.5(c)(2)(C).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Sergio Castaneda Represented By Raymond Perez
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
Law Offices of A. Lysa Simon - movant attorney Motion for relief from stay
Arizona Central Credit Union vs Debtor (Motion filed 4/11/18)
RE: 2014 Nissan Altima 1N4AL3AP3EC27011
Docket 7
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Tiffany C Vasquez Represented By Paul Y Lee
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Law Offices of Bruce P Needleman - movant attorney Motion for relief from stay
POPA Federal Credit Union vs Debtor (Motion filed 4/10/18)
RE: 2011 Volkswagen GTI; VIN: WVWED7AJ6BW340778
Docket 9
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Lori Lyn Ayala Represented By Roland D Tweed
Joint Debtor(s):
Carlji Herbert Carter Represented By Roland D Tweed
9:00 AM
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 4/16/18 and Second Motion for Order Extending Time for the Chapter 7 Trustee and the United States Trustee to File a Complaint to Object to Debtor's Discharge (11 U.S.C. §727)
Docket 20
Grant the motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Diane C Baiocco Represented By Gene E O'Brien
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
CONT'D Hearing RE: Motion Of Chapter 7 Trustee For An Order Denying Debtor's Claims Of Exemptions - Homestead And Savings/Checking (Motion filed 11/18/16)
FR: 1-9-17; 2-6-17; 3-20-17; 6-28-17; 11-13-17; 3-28-18
Docket 651
Continue to November 14, 2018 at 9:00 a.m. with an updated status report due November 7, 2018.
COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
CONT'D Hearing RE: Debtor's Motion To Compel Trustee To Return Debtor's Post-Petition Income
(Motion filed 7/11/16)
FR: 8-1-16; 11-14-16; 1-9-17; 2-6-17; 6-28-17; 11-13-17; 3-28-18
Docket 510
Continue to November 14, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Movant(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
9:00 AM
CONT'D Hearing RE: Motion Of Chapter 7 Trustee To Strike Those Portions Of Debtor's Opposition To Supplemental Application Of Trustee To Employ Hahn Fife & Company, LLP, As Accountants, Or In The Alternative, For Nunc Pro Tunc Employment Of Desmond, Marcello & Amster Which Are In Violation Of The Court's Order Continuing Hearing On Chapter 7 Trustee's Motion For Turnover Of Post-Petition Value Received By Debtor From C3 Lighting, Inc. [Docket No. 581]
(Motion filed 10/17/16)
FR: 10-24-16; 1-9-17; 2-6-17; 6-28-17; 11-13-17; 3-28-18
Docket 611
Continue to November 14, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Movant(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
CONT'D Evidentiary Hearing RE: Motion For Turnover Of Post-Petition Value Received By Debtor From C3 Lighting, Inc.
(Motion filed 5/26/16)
(Evidentiary hearing set at hearing held 8/1/16)
FR: 6-20-16; 8-1-16; 9-19-16; 10-24-16; 1-9-17; 2-6-17; 6-28-17; 11-13-17; 3-
28-18
Docket 487
Continue to November 14, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Movant(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders
9:00 AM
Brian R Nelson Robert P Goe
9:00 AM
CONT'D Hearing RE: Supplemental Application Of Trustee To Employ Hahn Fife & Company, LLP As Accountants, Or In The Alternative, For Nunc Pro Tunc Employment Of Desmond, Marcello & Amster
(Application filed 6/14/16) (Supplement Application filed 10/3/16) FR: 10-24-16; 1-9-17; 2-6-17; 6-28-17; 11-13-17; 3-28-18
Docket 593
Continue to November 14, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Movant(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson
9:00 AM
Robert P Goe
9:00 AM
Adv#: 8:16-01123 Naylor v. Farrell
CONT'D Hearing RE: Motion To Dismiss Under FRCP 12(b)(6) (Motion filed 1/17/17)
FR: 3-6-17; 3-20-17; 6-28-17; 11-13-17; 3-28-18
Docket 33
Deny for the reasons stated in the Opposition.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Defendant(s):
Betty Farrell Represented By
D Edward Hays
Movant(s):
Betty Farrell Represented By
D Edward Hays
Plaintiff(s):
Karen Sue Naylor Represented By Robert P Goe
9:00 AM
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
Adv#: 8:16-01123 Naylor v. Farrell
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For
Equitable Subordination Of Claim,
Breach Of Fiduciary Duty, And
Declaratory Relief
(Complaint filed 5/2/16) (First Amended Complaint filed 9/30/16)
FR: 7-27-16; 9-14-16; 10-12-16; 12-8-16; 2-15-17; 3-6-17; 3-20-17; 6-28-17; 11-
13-17; 3-28-18
Docket 19
The Court will issue a scheduling order:
All discovery shall close on August 31, 2018.
All discovery motions shall be heard before September 30, 2018.
All pretrial motions (except motions in limine) shall be heard before October 31, 2018.
Pretrial conference is set for November 14, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
9:00 AM
Defendant(s):
Betty Farrell Represented By
D Edward Hays
Plaintiff(s):
Karen Sue Naylor Represented By Robert P Goe
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
Adv#: 8:16-01204 Naylor v. Farrell et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
For An Accounting;
To Avoid Actual Fraudulent Transfers;
To Avoid Constructively Fraudulent Transfers;
To Recover Property Fraudulently Transferred;
For Turnover Of Property Of The Estate; And,
For Equitable Subordination Of The Claim Of Richard E. Farrell (Complaint filed 9/16/16)
FR: 12-7-16; 5-31-17; 10-4-17; 11-29-17; 3-28-18; 5-2-18
Docket 1
Continue to November 14, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Defendant(s):
Richard C. Farrell Pro Se
Richard E. Farrell Pro Se
Irma Farrell Pro Se
9:00 AM
C3 Lighting Solutions, Inc. Pro Se
Plaintiff(s):
Karen Sue Naylor Represented By Nanette D Sanders Brian R Nelson
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
Adv#: 8:16-01216 Naylor v. Farrell
CONT'D STATUS CONFERENCE Hearing RE: Complaint Objecting To Discharge Pursuant To 11 U.S.C. Section 727
(Complaint filed 9/30/16)
FR: 12-21-16; 2-6-17; 6-28-17; 11-13-17; 3-28-18
Docket 1
Continue to November 14, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Defendant(s):
Richard Clark Farrell Represented By Michael G Spector
Plaintiff(s):
Karen Sue Naylor Represented By Nanette D Sanders Brian R Nelson
9:00 AM
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
Adv#: 8:17-01195 Official Committee Of Unsecured Creditors v. Oracle America, Inc.,
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 3-28-18
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Oracle America, Inc., successor in Represented By
Jeannie Kim
Plaintiff(s):
Official Committee Of Unsecured Represented By
9:00 AM
Andrew W Caine Jeffrey P Nolan
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Chapter 13 Petition filed on 10/25/16)
(Case Converted to Chapter 11 on 11/28/16))
FR: 5-3-17; 8-2-17; 11-1-17; 11-15-17; 2-28-18
(Tele. appr. Alexander K. Lee, rep. movant, U.S. Bank National Association.)
Docket 0
The Court will inquire into compliance with United States Trustee guidelines and requirements and future directions for the case.
Next status conference: June 11, 2018 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
Madhulika Baid Represented By Michael R Totaro
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 5/11/17)
(Case Converted To Chapter 11 on 7/24/17) FR: 9-27-17; 10-18-17; 1-17-18
Docket 0
Continue the status conference to July 11, 2018 at 9:00 a.m. with an updated status report due July 3, 2018.
COURT TO PREPARE ORDER.
Debtor(s):
Josefina Cendejas Represented By Andrew S Bisom
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 5/11/17)
(Case Converted To Chapter 11 on 7/24/17) FR: 9-27-17; 10-18-17; 1-17-18
Docket 0
Continue the status conference to July 11, 2018 at 9:00 a.m. with an updated status report due July 3, 2018.
COURT TO PREPARE ORDER.
Debtor(s):
Gina Estrella Represented By
Andrew S Bisom
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union (aka OCTFCU)
(Motion filed 3/16/18)
[RE: 2011 Honda Accord - Amount: 909.78]
Docket 11
The reaffirmation agreement is approved provided the vehicle is insured.
COURT TO PREPARE ORDER.
Debtor(s):
Huong Duc Diem Do Represented By Phu D Nguyen
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union (aka OCTFCU)
(Motion filed 3/16/18)
[RE: 2014 Toyota Rav4 - Amount: $9,088.45)
Docket 12
The reaffirmation agreement is approved provided the vehicle is insured and the debtor(s) can afford the payments.
COURT TO PREPARE ORDER.
Debtor(s):
Huong Duc Diem Do Represented By Phu D Nguyen
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Orange County's Credit Union
(Motion filed 3/19/18)
[RE: 2010 Chevrolet Tahoe - Amount: $14,415.62]
Docket 12
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Javier Bahena Rivera Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Nissan Motor Acceptance Corporation
(Motion filed 4/6/18)
[RE: 2018 Nissan Altima - Amount: $37.801.55] [VIN No.: 1N4AL3AP7JC136477]
Docket 16
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Nicole Clarisa Sadler Represented By Bert Briones
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Gateway One Lending & Finance, LLC
(Motion filed 4/12/18)
RE: 2013 Chevrolet Volt Sedan 14 Electric - Amount: $12,625.85] [VIN No.: 1G1RH6E42DU141030]
Docket 12
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Roy Raymond Pijloo Represented By Roshni T Desai
Joint Debtor(s):
Suzanne Tera Lambert Represented By Roshni T Desai
Trustee(s):
Weneta M Kosmala (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 3-7-18; 4-11-18
Docket 4
- NONE LISTED -
Debtor(s):
Evan Anderson Represented By Anerio V Altman
Joint Debtor(s):
Kendyl Anderson Represented By Anerio V Altman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 4-11-18
Docket 17
- NONE LISTED -
Debtor(s):
Michael Anthony Ruffino Represented By Christopher J Langley
Joint Debtor(s):
Brandy Bernadette Ruffino Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 4-11-18
Docket 2
- NONE LISTED -
Debtor(s):
Tania Rissa Banares Stanfield Represented By
Ethan Kiwhan Chin
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 4-11-18
Docket 4
- NONE LISTED -
Debtor(s):
Judith Anne Anderson Represented By
Misty A Perry Isaacson
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 20
- NONE LISTED -
Debtor(s):
Jason Gayle McReynolds Represented By Brian J Soo-Hoo
Joint Debtor(s):
Rebecca Lynn McReynolds Represented By Brian J Soo-Hoo
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 12
- NONE LISTED -
Debtor(s):
Lorenzo R Manrique Represented By Scott Kosner
Joint Debtor(s):
Carmen Manrique Represented By Scott Kosner
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 9
- NONE LISTED -
Debtor(s):
Makali'i Paige Pawasarat Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Frank Sanford Williams Represented By Andrew Moher
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 11
- NONE LISTED -
Debtor(s):
Cuong Thanh Nguyen Represented By John Habashy
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 14
- NONE LISTED -
Debtor(s):
Scott Duvendack Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
[Tele. appr., Alexander K. Lee, repr., U.S. Bank National Association As Trustee]
Docket 2
- NONE LISTED -
Debtor(s):
Elvira Marroquin Represented By Bryn C Deb
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 18
- NONE LISTED -
Debtor(s):
Connie Guizano Lusung Represented By Kevin Tang
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Sandra Jean Dease Represented By Brian C Andrews
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Trung Bieu Pham Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
David Nguyen Huynh Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Alfonso Juarez Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Complete The Plan Within Its Terms
[11 U.S.C. 1307(c)]
(Motion filed 10/12/17) (Opposition filed 11/3/17) FR: 12-13-17; 2-7-18
Docket 40
Grant the motion and dismiss the case. CLERK'S OFFICE TO ISSUE ORDER.
Debtor(s):
Norman Oneal Pugh Represented By Barry E Borowitz
Joint Debtor(s):
Karen Lynette Pugh Represented By Barry E Borowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: United States Trustee's Motion For Escrow Account Reconciliation Statement Including Waiver Or Unnoticed Escrow Charges Or Refund Of Escrow Surplus In Response To Nationstar Mortgage LLC's Notices Of Mortgage Payment Change
(Motion filed 4/2/18)
[Tele. appr Alexander K. Lee, repr Nationstar Mortgage]
Docket 62
- NONE LISTED -
Debtor(s):
Shirley Ernest Represented By Tyson Takeuchi Scott Kosner
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion Under Local Bankruptcy Rule 3015-1 (n) And (w) To Modify Plan Or Suspend Plan Payments
(Motion filed 4/3/18) (Set per Opposition filed 4/16/18) (Notice of Hearing filed 4/16/18)
Docket 92
Deny the motion with prejudice for the reasons stated by the Chapter 13 Trustee.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jann Kempton Represented By David R Chase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 1/2/18) (Opposition filed 1/11/18) FR: 4-11-18
Docket 88
Grant the motion and dismiss the case. CLERK'S OFFICE TO ISSUE ORDER.
Debtor(s):
Jann Kempton Represented By David R Chase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Order To Show Cause Why Confirmation Order Should Not Be Vacated
(Set per OSC Entered 2/22/18) FR: 3-28-18
Docket 39
The Court will deny the OSC.
Debtor(s):
Robert James Candy Represented By Todd L Turoci
Joint Debtor(s):
Saundra Lee Candy Represented By Todd L Turoci
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Motion Under Local Bankruptcy Rule 3015-1 (n) And (w)
To Modify Plan Or Suspend Plan Payments
(Motion filed 12/18/17) (Set per Opposition filed 1/4/18) FR: 2-7-18
Docket 32
- NONE LISTED -
Debtor(s):
Robert James Candy Represented By Todd L Turoci
Joint Debtor(s):
Saundra Lee Candy Represented By Todd L Turoci
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 1/25/18) FR: 3-7-18; 4-11-18
Docket 45
Grant the motion and dismiss the case.
CLERK'S OFFICE TO ISSUE ORDER.
Debtor(s):
Jesus Melendez Represented By Rebecca Tomilowitz
Movant(s):
Amrane (SA) Cohen (TR) Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion Under Local Bankruptcy Rule 3015-1 (n) And (w) To Modify Plan Or Suspend Plan Payments
(Motion filed 3/7/18)
(Set per Notice of Hearing filed 3/22/18)
Docket 47
Deny the motion for the reasons stated by the Chapter 13 Trustee.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jesus Melendez Represented By Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 3/1/18)
(Set per Opposition filed 3/29/18)
Docket 110
- NONE LISTED -
Debtor(s):
Gary Scott Represented By
Michael A Younge
Joint Debtor(s):
Denise Johnson-Scott Represented By Michael A Younge
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Objection To Claim Of Homestead Exemption (Motion filed 4/2/18)
Docket 0
Grant the motion for the reasons stated by the Chapter 13 Trustee.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Makali'i Paige Pawasarat Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 4/3/18) (Opposition filed 4/17/18)
Docket 66
Deny the motion for the reasons stated by the Debtors (all required plan payments made).
DEBTORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Todd Murdock Campbell Represented By Gary Leibowitz
Jacqueline D Serrao
Joint Debtor(s):
Karin Lynn Campbell Represented By Gary Leibowitz
Jacqueline D Serrao
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 2/8/18)
Docket 1
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: September 13, 2018 at 9:00 a.m. with an updated status report due September 6, 2018.
COURT TO PREPARE ORDER.
Debtor(s):
Robert Kenneth Phelps Represented By Todd L Turoci
Joint Debtor(s):
Sharon Lee Phelps Represented By Todd L Turoci
9:00 AM
Adv#: 6:17-01243 Vargas v. United States Department Of Education et al
Status Conference re Complaint by Michelle Vargas against United States Department Of Education, Navient Corporation, Navient Credit Finance Corporation, Navient Solutions, Inc., Education Credit Management Corporation. (Fee Not Required). Complaint to Determine Dischargeability of Student Loans - 11 U.S.C. Section 523(a)(8); Borrower's Defenses Against Repayment - 20
U.S.C. Section 1087e(h); 34 C.F.R. 685.206(c): 1) Fraud, Misrepresentation, Concealment, and False Promises; 2) Fraud, Forgery, and Undue Influence 3) Violation of California Business and Professions Code Sections 17200 et seq; 4) Violation of California Business and Professions Code Sections 17500 et seq; and 5) Discharge of Debt Obtained by Students Whose Eligibility for Federal Student Aid was Falsely Certified by the School - 20 U.S.C. Section 1087; 34
C.F.R. 685.215 Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)
Docket 1
- NONE LISTED -
Debtor(s):
Carlitos Vargas Represented By Todd L Turoci
Defendant(s):
United States Department Of Represented By Elan S Levey
Navient Corporation Represented By Robert S Lampl
Navient Credit Finance Corporation Represented By
9:00 AM
Robert S Lampl
Navient Solutions, Inc. Represented By Robert S Lampl
Education Credit Management Pro Se
Joint Debtor(s):
Michelle Vargas Represented By Todd L Turoci
Plaintiff(s):
Michelle Vargas Represented By Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Hrg. on chapter 11 Status Conference (cont. from 2/8/18)
Docket 0
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: June 14, 2018 at 9:00 a.m. (in connection with the disclosure statement hearing).
COURT TO PREPARE ORDER.
Debtor(s):
Flem Earl McMillan Represented By Todd L Turoci Todd L Turoci
Joint Debtor(s):
Lydia Ventura McMillan Represented By Todd L Turoci Todd L Turoci
9:00 AM
Adv#: 6:18-01046 Havasu Lakeshore Investments v. Fleming, Sr
Status Conference re Complaint to (41) to block debtors discharge; to determine nondischargeability of debt re fraud judgment after jury trial; false pretenses, false representation, actual fraud)),(65 (Dischargeability - other)
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on September 30, 2018.
Expert reports under FRCP 26(a)(2) are due October 31, 2018. Responses to expert reports are due November 30, 2018.
All discovery motions shall be heard before December 31, 2018.
The Court sets a further status conference for November 29, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Terry Lee Fleming Sr Pro Se
9:00 AM
Plaintiff(s):
Havasu Lakeshore Investments Represented By Frederick M. Reich Martin A Eliopulos Grant G. Teeple
2:30 PM
Hrg. on approval of Reaffirmation Agreement filed 4/16/18 Between Debtor and Los Angeles Police Federal Credit Union, in the amount of $34,686.38
Docket 17
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Robbie Y. Youngblood Represented By
James D. Hornbuckle
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:30 PM
Hrg on Approval of Reaffirmation Agreement Between Debtor and Harley-
Davidson Credit Corp, in the amount of $436.74 re: 2006 Harley-Davidson XL 1200C
Docket 8
The reaffirmation agreement is approved provided debtor believes he can afford the remaining payments.
COURT TO PREPARE ORDER.
Debtor(s):
Joshua J. Johnson Represented By
James D. Hornbuckle
Trustee(s):
Karl T Anderson (TR) Pro Se
2:30 PM
Hrg. on Approval of Reaffirmation Agreement filed 4/18/18 between Debtor(s) and Capital One Auto Finance, in the amount of $17,728.55
Re: 2015 Nissan Roque
Docket 15
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Eduardo Alfredo Quiroga Represented By Lauren M Foley
Joint Debtor(s):
Daniela A. Quiroga Represented By Lauren M Foley
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
Adv#: 8:18-01033 Asencio v. Freedom Communications Inc. et al
STATUS CONFERENCE Hearing RE: Complaint In Adversary Proceeding For Intentional Employment Discrimination And Wrongful Termination
(Complaint filed 2/8/18)
Docket 1
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Freedom Communications Inc. Represented By Ryan D ODea
Freedom Services Inc. Represented By Ryan D ODea
Wayne Vandal Pro Se
Plaintiff(s):
Jerry Asencio Represented By Rick Y Zou Geoffrey C Lyon
9:00 AM
Adv#: 8:18-01032 Leon v. Freedom Communications Inc. et al
STATUS CONFERENCE Hearing RE: Complaint In Adversary Proceeding For Intentional Employment Discrimination And Wrongful Termination
(Complaint filed 2/8/18)
Docket 1
Debtor(s):
Freedom Services Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Defendant(s):
Freedom Communications Inc. Represented By Ryan D ODea
Freedom Services Inc. Represented By Ryan D ODea
Wayne Vandal Pro Se
Plaintiff(s):
Carlos Leon Represented By
Rick Y Zou Geoffrey C Lyon
9:00 AM
Adv#: 8:18-01035 Federal Trade Commission v. Lake
STATUS CONFERENCE Hearing RE: Complaint For Nondischargeability Of Debt
(Complaint filed 2/9/18)
Docket 1
Debtor(s):
Dennis Edward Lake Represented By
D Justin Harelik
Defendant(s):
Dennis Edward Lake Pro Se
Plaintiff(s):
Federal Trade Commission Represented By Michael P Mora
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Zieve, Brodnax & Steele LLP - movant attorney Motion for relief from stay
THE BANK OF NEW YORK MELLON vs Debtor
(Motion filed 4/23/18)
RE: 1415 Gabriella Court, Upland, California 91784
Docket 8
Debtor(s):
Kevin Beau Sanchez Represented By
Richard L. Sturdevant
Trustee(s):
John P Pringle (TR) Pro Se
9:00 AM
Edward G. Schloss - movant attorney Motion for relief from stay
BAYVIEW LOAN SERVICING, LLC vs Debtor
(Motion filed 4/24/18)
RE: 315 Vista Royale Drive, Palm Desert, CA 92211
Docket 10
- NONE LISTED -
Debtor(s):
Terrance Robert Murtagh Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Aldridge Pite LLP - movant attorney Motion for relief from stay
THE BANK OF NEW YORK MELLON vs Debtor
(Motion filed 4/30/18)
RE: 357 Stichman Ave, La Puente, California 91746
Docket 19
The motion is granted pursuant to 11 U.S.C. § 362(d)(4) only. The 14-day stay provided by Rule 4001(a)(3) is waived.
Also, grant annulment.
Also, grant the following relief:
Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
Box 9. Relief from the stay is granted under 11 U.S.C. § 362(d)(4): If recorded in compliance with applicable state laws governing notices of interests or liens in real property, the order is binding in any other case under this title purporting to affect the Property filed not later than 2 years after the date of the entry of the order by the court, except that a debtor in a subsequent case under this title may move for relief from the order based upon changed circumstances or for good cause shown, after notice and
9:00 AM
hearing.
Box 10. The order is binding and effective in any bankruptcy case commenced by or against any debtor who claims any interest in the Property for a period of 180 days from the hearing of this Motion upon recording of a copy of this order or giving appropriate notice of its entry in compliance with applicable nonbankruptcy law.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Veonica Chavez Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for relief from stay
AMERICREDIT FINANCIAL SERVICES INC vs DEBTOR
(Motion filed 4/23/18)
RE: 2012 Acura TL, VIN 19UUA8F54CA019831
Docket 8
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Shanell Denise Pierce Represented By Alaa A Ibrahim
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
Honda Lease Trust vs. DEBTOR (Motion filed 5/2/18)
RE: 2017 HONDA ACCORD VIN: 1HGCR2F14HA042077
Docket 11
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Wendy Ruiz Represented By
John F Brady
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Hrg on Trustee's Final Report and Applications for Compensation
Docket 66
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$4,500.00 and expenses in the amount of $57.79.
The compensation is approved as to the Trustee's attorneys, with fees in the amount of $24,314.00 and expenses in the amount of $218.35.
The compensation is approved as to the Trustee's accountants, with fees in the amount of $6,037.50 and expenses in the amount of $665.89.
The Court approves payments to the Franchise Tax Board.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Summerwind Solar Cal, LLC Represented By Richard B Andrade
2:00 PM
Trustee(s):
Steven M Speier (TR) Represented By Robert P Goe
2:00 PM
Hrg on Trustee's Final Report and Applications for Compensation
Docket 92
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$19,771.85 and expenses in the amount of $230.36.
The compensation is approved as to the Trustee's attorneys, with fees in the amount of $18,413.50 and expenses in the amount of $1,034.38.
The compensation is approved as to the Trustee's accountants, with fees in the amount of $3,522.50 and expenses in the amount of $307.75.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Elias V Villanueva Sr Represented By Odeha L Warren
2:00 PM
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Melissa Davis Lowe
Shulman Hodges & Bastian LLP
2:00 PM
Hrg on Trustee's Final Report and Applications for Compensation
Docket 27
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$1,843.00 and expenses in the amount of $133.15. The Court approves the payment to Wells Fargo.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Alicia Louise Paoletta Represented By Jenny L Doling
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Hrg on Application of Margarit Kazaryan, Attorney at Law, General Bankruptcy Counsel for Debtor Up to and Including August 1, 2017, for Allowance of Fees and Reimbursement of Costs for the Period of Employment
Docket 149
Grant the application and allow on a final basis:
Attorney's fees: $15,350.00 Attorney's expenses: $2,695.58
MR. HAYES TO LODGE A SINGLE ORDER COVERING THESE FEES AND EXPENSES AND HIS FEES AND EXPENSES VIA LOU WITHIN 7 DAYS.
Debtor(s):
WHAA LLC Represented By
M Jonathan Hayes
2:00 PM
Hrg on First And Final Application By M. Jonathan Hayes, General Bankruptcy Counsel For The Debtor, For Allowance Of Fees And Reimbursement Of Costs For The Period July 31, 2017 Through April 4, 2018; Fee: $58,846.00, Expenses: $1,262.36
Docket 152
Grant the application and allow on a final basis:
Attorney's fees: $58,846.00 Attorney's expenses: $1,262.36
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
WHAA LLC Represented By
M Jonathan Hayes
2:00 PM
Hrg on Motion By Debtor To Dismiss Chapter 11 Case
Docket 154
Continue the hearing to July 10, 2018 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
WHAA LLC Represented By
M Jonathan Hayes
2:00 PM
Hrg on Trustee's Motion for Order Compelling Turnover of Unscheduled Estate Property and Documents
(Cont. from: 3/27/18)
Docket 29
- NONE LISTED -
Debtor(s):
Steven Michael Hodgden Represented By Gary S Saunders
Joint Debtor(s):
Christina Hodgden Represented By Gary S Saunders
Trustee(s):
Todd A. Frealy (TR) Represented By
Michelle A Marchisotto
2:00 PM
Hrg on Creditor Jamie Taylor's Objection to Exemption
Docket 14
Pursuant to FRBP 9014, the Court will permit creditor Jamie Taylor to take discovery of matters related to the objection to exemption.
Discovery shall close on July 31, 2018.
Discovery motions shall be heard before August 15, 2018.
Jamie Taylor may file a supplemental pleading related to her objection on or before September 15, 2018.
Debtor may file a supplemental opposition on or before September 30, 2018. Jamie Taylor may file a reply on or before October 7, 2018
The Court continues the hearing on the objection to October 23, 2018 at 2:00 p.m.
COURT TO PREPARE ORDER.
Debtor(s):
Val James Simon Represented By Todd L Turoci
Joint Debtor(s):
Katherine Lois Simon Represented By Todd L Turoci
2:00 PM
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Hrg on Motion of United States Trustee To Disgorge Fees And Impose Damages And Fines Against Bankruptcy Petition Preparer, Martin Rojas
Docket 14
Grant the motion. Mr. Rojas is ordered to disgorge $250.00 and pay damages of
$2,000.00 to Debtors on or before June 29, 2018. The Court imposes fines on Mr. Rojas of $19,000.00, to be paid on or before July 31, 2018.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Brandon Ward Pro Se
Joint Debtor(s):
Latasha Ward Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
Adv#: 8:18-01002 Kosmala v. Savannah Corp. et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance Of Fraudulent Transfers (11 U.S.C. Section 548, And/Or Section 544); Avoidance Of Preferential Transfers (11 U.S.C. Section 547); And Conversion
(Complaint filed 1/5/18)
(Another Summons issued 3/8/18) FR: 3-28-18
Docket 1
- NONE LISTED -
Debtor(s):
C & W Murphy and Associates, Inc. Represented By
D Edward Hays
Defendant(s):
Savannah Corp. Pro Se
The Olivia Group Pro Se
Reagan Industries, Inc. Pro Se William J Murphy and Cheryl Lynn Pro Se Cristen Durham Pro Se
Jacquelyn Murphy Romero Pro Se
Brandon Durham Pro Se
9:00 AM
Margaret Murphy Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Erin P Moriarty
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
9:00 AM
Adv#: 8:18-01003 Kosmala v. Infinity Builders, Inc. et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance Of Fraudulent Transfers (11 U.S.C. Section 548, And/Or Section 544) And/Or Preferential Transfers (11 U.S.C. Section 547)
(Complaint filed 1/5/18)
(Another Summons issued 3/8/18)
Docket 1
NONE LISTED -
Debtor(s):
C & W Murphy and Associates, Inc. Represented By
D Edward Hays
Defendant(s):
Infinity Builders, Inc. Pro Se
Ashley N. Belthius Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Erin P Moriarty
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
9:00 AM
Adv#: 8:18-01004 Kosmala v. First Farmers Bank & Truste Co. et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Declaratory Relief; Avoidance Of Lien (11 U.S.C. Section 544, And/Or Section 548); Accounting; And Objection To Claim (11 U.S.C. Section 502)
(Complaint filed 1/5/18)
(Another Summons issued 3/8/18)
Docket 1
NONE LISTED -
Debtor(s):
C & W Murphy and Associates, Inc. Represented By
D Edward Hays
Defendant(s):
First Farmers Bank & Truste Co. Pro Se
Vohne Liche Kennels, Inc. Pro Se
VLK Risk Consultants, Inc. Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Erin P Moriarty
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
9:00 AM
Adv#: 8:16-01187 Gordy v. Simon et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Deny And Object To The Debtors' Discharge Pursuant To 11 U.S.C. Section 727
(Complaint filed 8/12/16)
FR: 11-9-16; 3-8-17; 5-31-17; 12-13-17; 2-28-18
Docket 1
NONE LISTED -
Debtor(s):
Casey John Simon Represented By Kelly Zinser
Defendant(s):
Casey John Simon Represented By Kelly Zinser
Korrine Ellen Simon Represented By Kelly Zinser
Joint Debtor(s):
Korrine Ellen Simon Represented By Kelly Zinser
Plaintiff(s):
Paul Thomas Gordy Represented By Gary Leibowitz
9:00 AM
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Adv#: 8:17-01082 Blue Light Capital Corp v. Bian
Hearing RE: Motion For Summary Judgment, Or In The Alternative, Summary Adjudication
(Motion filed 4/3/18)
Docket 33
NONE LISTED -
Debtor(s):
Blue Light Capital Corp Represented By Alan M Lurya
Defendant(s):
Wenqiang Bian Represented By Chad V Haes
Plaintiff(s):
Blue Light Capital Corp Represented By Alan M Lurya
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 8/7/17)
FR: 10-18-17; 4-4-18; 4-4-18
Docket 0
NONE LISTED -
Debtor(s):
Se Y Oh Represented By
Stephen R Wade Richard H Lee
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/15/17)
FR: 12-20-17; 3-7-18
Docket 1
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: September 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Mohdsameer Aljanedi Dental Represented By Michael R Totaro
9:00 AM
Adv#: 8:18-01035 Federal Trade Commission v. Lake
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Nondischargeability Of Debt
(Complaint filed 2/9/18) FR: 5-23-18
Docket 1
NONE LISTED -
Debtor(s):
Dennis Edward Lake Represented By
D Justin Harelik
Defendant(s):
Dennis Edward Lake Pro Se
Plaintiff(s):
Federal Trade Commission Represented By Michael P Mora
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 Case (Petition filed 3/18/18)
Docket 0
The Court will inquire into compliance with United States Trustee guidelines and requirements.
The Court will set the following deadlines:
Debtor shall file a plan and disclosure statement on or before October 31, 2018.
A plan shall be confirmed on or before January 31, 2019.
Next status conference: September 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Trinity Han Represented By
Michael R Totaro
9:00 AM
Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate (Motion Filed 5/7/18)
[RE: 1109 W. 21st Street, Santa Ana, CA 92706]
Docket 10
Grant the motion and continue the automatic stay.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Christine K Roberts Represented By Bruce D White
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 6:17-01192 Zagros Horizons USA, Inc. v. Bagheritarie
Hrg on Mohamed Bagheri's, Party in Interest re Motion For Joinder As Additional Plaintiff under F.R.B.P. 7019 and 7020
Docket 29
Continue the hearing to August 30, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Frank Bagheritarie Represented By Neil R Hedtke
Defendant(s):
Frank Bagheritarie Represented By Varand Gourjian
Plaintiff(s):
Zagros Horizons USA, Inc. Represented By Dina Farhat Paymon Bidari
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
9:00 AM
Adv#: 6:16-01302 USA Sales, Inc. v. California State Board Of Equalization
STATUS CONFERENCE Re: Complaint to determin amount of taxes owed pursuant to Bankruptcy Code 505(A); Objection to claim of the California Board of Equalization
(Cont. from 3/1/18)
Docket 1
The Court will stay this adversary proceeding to permit the Debtor to object to the newly-filed $1.3 million contingent administrative claim.
At a party’s request, the Court will set a discovery schedule for litigation of this administrative expense claim. The Court will not order mediation where one of the parties strongly opposes mediation and that party is a taxing authority because, in the Court’s experience, such a mediation is usually unsuccessful and a waste of time and money.
COURT TO PREPARE ORDER.
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor
Defendant(s):
California State Board Of Pro Se
9:00 AM
Plaintiff(s):
USA Sales, Inc. Represented By Lisa Nelson
9:00 AM
Hrg. on Chapter 11 Status Conference on the Plan and Disclosure Statement (Cont. from 3/8/17)
Docket 0
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: October 25, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor Lisa Nelson
9:00 AM
Adv#: 6:17-01273 Fleming, Sr et al v. Fleming, Jr et al
Hrg on Plaintiff's Motion For Summary Judgment, or in the alternative, Summary Adjudication
Docket 10
NONE LISTED -
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Terry Lee Fleming Jr Represented By Michael B Reynolds
Patricia Wilson-Fleming Represented By Randall S. Waier
Havasu Landing LLC Represented By Michael B Reynolds
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till James E Till
Havasu Lakeshore Investments Represented By Martin A Eliopulos
9:00 AM
Adv#: 6:18-01059 Banhart v. Marchand
Hrg. on STATUS CONFERENCE re: Complaint for Denial of Discharge 11
U.S.C. §727
Docket 1
- NONE LISTED -
Debtor(s):
Nanette Denise Marchand Represented By David M Flader
Defendant(s):
Nanette Denise Marchand Pro Se
Plaintiff(s):
Robert Banhart Represented By Kyle P Kelley
Trustee(s):
John P Pringle (TR) Pro Se
9:00 AM
Adv#: 6:18-01059 Banhart v. Marchand
Hrg on Defendants Motion to Dismiss Adversary Complaint for Denial of Discharge pursuant to 1) 11 USC Section 727(A)(2), 2) 11 USC Section 727(A)
(3) and 3) 11 USC Section 727(A)(4)
Docket 5
- NONE LISTED -
Debtor(s):
Nanette Denise Marchand Represented By David M Flader
Defendant(s):
Nanette Denise Marchand Represented By Baruch C Cohen
Plaintiff(s):
Robert Banhart Represented By Kyle P Kelley
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Hrg. on Chapter 11 Status Conference
Docket 0
- NONE LISTED -
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Hrg. on Disclosure Statement
Docket 0
- NONE LISTED -
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Adv#: 6:16-01167 Shin v. Altman
Hrg re: STATUS CONFERENCE re fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury
re: to address any issues that may arise prior to trial
Docket 1
- NONE LISTED -
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Defendant(s):
Murray Altman Pro Se
Plaintiff(s):
Yun Hei Shin Represented By
Kathleen P March
9:00 AM
Motion for relief from stay [Real Property]
Vidorra Homeowners Association vs. DEBTOR (Motion filed 4/30/18)
[RE: 10072 Albee Avenue, Tustin, CA 92782]
Docket 160
The Court will set an evidentiary hearing for July 30, 2018 at 9:00 a.m. on the following issues: (1) reconciliation of postpetition payments made by Debtor to the HOA and whether Debtor currently owes what the HOA contends or, alternatively, whether the HOA has been unlawfully applying postpetition payments to prepetition obligations in a manner not permitted under the plan; and (2) whether the petition was filed in bad faith.
Discovery may be taken by the parties pursuant to FRBP 9014(c).
Debtor shall file a brief on or before June 23, 2018. The HOA shall file a brief on or before July 7, 2018. Debtor may file a reply to the HOA’s brief on or before July 14, 2018. Each brief shall state the identity of witnesses to be called at the evidentiary hearing. All exhibits to be used at the hearing shall be filed on or before June 14, 2018.
COURT TO PREPARE ORDER.
Debtor(s):
James Jinwoo Kim Represented By Amanda G Billyard Andy C Warshaw
9:00 AM
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
MTGLQ Investors, LP, Its Assignees And/Or Successors vs. DEBTOR (Motion filed 5/7/18)
[RE: 640 Ash Way, La Habra, CA 90631]
[Tele. appr., Nancy Lee, repr., Rushmore Loan Management]
Docket 63
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
Box 12. Upon entry of the order, for purposes of Cal. Civ. Code § 2923.5, the Debtor is a borrower as defined in Cal. Civ.Code § 2920.5(c)(2)(C).
9:00 AM
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Luis Almodovar Represented By Timothy Quick
Joint Debtor(s):
Margarita Almodovar Represented By Timothy Quick
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
U.S. Bank National Association, As Trustee, Successor In Interest To Bank Of America, National Association, As Trustee, Successor By Merger To LaSalle Bank National Association, As Trustee For Thornburg Mortgage Securities Trust 2006-4 vs. DEBTOR
(Motion filed 4/25/18)
[RE: 2039 Irvine Avenue, Costa Mesa, California 92627]
[Tele. appr., Alexander K. Lee, repr., U.S. Bank National Association]
Docket 24
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
- Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
David Michael Weisman Represented By Daniel King
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
HSBC Bank USA, N.A., As Trustee For The Registered Holders Of Nomura Home Equity Loan, Inc., Asset-Backed Certificates, Series 2007-3 vs.
DEBTORS
(Motion filed 4/18/18)
[RE: 1137 Washington Place, Baldwin, New York 11510] [Tele. appr., Sean Ferry, repr., HSBC Bank USA, N.A.]
Docket 11
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
- Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Stephanie Gilbert Represented By Lionel E Giron
Joint Debtor(s):
Jeffrey A Neal Represented By Lionel E Giron
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Bayview Loan Servicing, LLC As Servicer For The Bank Of New York Mellon fka The Bank Of New York, As Trustee For The Certificateholders CWALT, Inc., Alternative Loan Trust 2006-OA22, Mortgage Pass-Through Certificates, Series 2006-OA22 vs. DEBTOR
(Motion filed 4/26/18)
[Case Dismissed 3/23/18
[RE: 2600 Cliff Drive, Newport Beach, California 92663]
Docket 12
The motion is granted pursuant to 11 U.S.C. § 362(d)(4).
The Court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and/or the filing of multiple bankruptcy cases relating to the subject property. 11 U.S.C. § 362(d) (4).
Grant the following relief:
Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
Box 9. Relief from stay is granted under 11 U.S.C. § 362(d)(4), if the order granting this motion is recorded in compliance with state laws governing notices of interest or
9:00 AM
liens in real property, the order is binding in any other case under this title purporting to affect the Property filed not later than two years after the date of entry of such order, except that a debtor in a subsequent case under this title may move for relief from the order based upon changed circumstances or for good cause shown, after notice and a hearing.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Trung Bieu Pham Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
Western Holding Group, A CA Corp. DBA La Property Management Group vs. DEBTOR
(Motion filed 5/14/18)
[RE: 22821 Lake Forest Drive, Number 100, Lake Forest, CA 92630]
Docket 8
The motion is granted pursuant to 11 U.S.C. § 362(d)(1). This motion has been filed to proceed with an unlawful detainer action. This action must go forward because the debtor's right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed.
The 14-day stay provided by Rule 4001(a)(3) is waived. Deny request for annulment.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael William Devine Represented By Christopher J Langley
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation, Servicing Agent For Toyota Lease Trust vs. DEBTOR
(Motion filed 4/26/18)
[RE: 2015 Toyota Corolla - VIN No.: 5YFBURHE5FP336503]
Docket 7
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Maria Isabel Rendon Represented By Christopher J Langley
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Bank Of The West vs. DEBTORS (Motion filed 5/10/18)
[RE: 2015 Keystone Passport Travel Trailer] [VIN No.: 4YDT2452TX412976]
[Tele. appr., Mary E. Tang, repr., Bank of The West]
Docket 9
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Albert George Logue Represented By Robert P Taylor
9:00 AM
Joint Debtor(s):
Carol Ann Logue Represented By Robert P Taylor
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Mercedes-Benz Financial Services USA LLC vs. DEBTOR (Motion filed 5/1/18)
[RE: 2009 Mercedes-Benz ML350W4 - VIN No.: 4JGBB86E69A493190]
Docket 19
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Wael Ali Represented By
Ricardo Nicol
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Vaselyos Petros Kapetanios vs. DEBTOR (Motion filed 4/12/18)
[RE: Case Name: Vaselyos Petros Kapetanios v. Goody's Cafe, et al.] [Docket Number: ADJ10338379]
[Pending In: Department Of Worker's Compensation Board, San Diego]
FR: 5-7-18
Docket 15
The Court will inquire whether the Movant wishes to amend the Motion for Relief From Stay to check the first box under numbered paragraph 4 on page 3 of the Motion and to uncheck the second box. If so, the Court will grant the Motion. If not, the Court will hear argument on why an estimated claim cannot be filed by movant.
Debtor(s):
Wael Ali Represented By
Ricardo Nicol
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Nissan Motor Acceptance Corporation vs. DEBTORS (Motion filed 4/20/18)
[RE: 2015 Nissan Sentra - VIN No.: 3N1AB7AP7FY234480]
Docket 8
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jesus Saldivar Represented By Christopher J Langley
Joint Debtor(s):
Maria Lidia Vargas Represented By Christopher J Langley
9:00 AM
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
U.S. Bank National Association As Legal Title Trustee For Truman 2016 SC6 Title Trust vs. DEBTORS
(Motion filed 5/14/18)
[RE: 2856 Terry Road, Laguna Beach, CA 92651]
[Tele. appr., Diane V. Weifenbach, repr., U.S. Bank National Association]
Docket 13
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived.
The co-debtor stay of 11 U.S.C. §1201(a) or § 1301(a) is terminated, modified or annulled as to the co-debtor, on the same terms and conditions as to the Debtor.
Also, grant the following relief:
- Box 9. Relief from the stay is granted under 11 U.S.C. § 362(d)(4): If recorded in compliance with applicable state laws governing notices of interests or liens in real property, the order is binding in any other case under this title purporting to affect the Property filed not later than 2 years after the date of the entry of the order by the court,
9:00 AM
except that a debtor in a subsequent case under this title may move for relief from the order based upon changed circumstances or for good cause shown, after notice and hearing.
- Box 10. The order is binding and effective in any bankruptcy case commenced by or against any debtor who claims any interest in the Property for a period of 180 days from the hearing of this Motion upon recording of a copy of this order or giving appropriate notice of its entry in compliance with applicable nonbankruptcy law.
Deny as to an award of attorney’s fees or relief other than that granted herein. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Joseph Tyler Mackay Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Honda Lease Trust vs. DEBTORS; And Karen S. Naylor, Chapter 7 Trustee (Motion filed 5/10/18)
[RE: 2015 Honda Accord - 1HGC R2F5 0FA1 80778]
Docket 9
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
David Frank Morales Represented By Christopher J Langley
Joint Debtor(s):
Yvonne Patricia Morales Represented By Christopher J Langley
9:00 AM
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
Trustee Of The Thomas T. Gregory Revocable Trust Dated July 8, 2005 vs. DEBTOR
(Motion filed 4/27/18)
[RE: 3251 Falkland Circle, Huntington Beach, CA 92649]
Docket 7
- NONE LISTED -
Debtor(s):
Thanh Duy Dinh Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
Hearing RE: Motion For Denial Of Discharge Pursuant To 11 U.S.C. Section 727(a)(8)
(Motion filed 4/19/18)
Docket 9
Grant the motion.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Luis Berumen Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Amended Trustee's Final Report And Application For Compensation And Reimbursement Of Expenses
(Final Report filed 4/6/18)
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $55,755.00; Expenses: $4,600.21]
[RE: MIRMAN, BUBMAN & NAHMIAS, LLP - Former Attorney For Chapter 7 Trustee]
[Fees: $28,016.00; Expenses: $1,202.07]
[RE: CROWE HORWATH LLP - Accountant For Chapter 7 Trustee] [Fees: $27,117.05; Expenses: $18.05]
RE: BAKER & HOSTETLER, LLP - Attorney For Chapter 7 Trustee] [Fees: $702,663.90; Expenses: $20,949.09]
[RE: HAHN FIFE & COMPANY LLP - Accounant For Chapter 7 Trustee] [Fees: $1,701.00; Expenses: $258.60]
[RE: INDEPENDENT MANAGEMENT SERVICES - Field Agent For Chapter 7
Trustee]
[Fees: $7,181.25; Expenses: $4,473.37]
FR: 5-7-18
[Tele. appr., Jeffrey I. Golden, repr., Trustee, Jeffrey Golden]
Docket 709
2:00 PM
Continue the hearing to June 25, 2018 at 2:00 p.m. to allow matters to come to rest regarding the motion to approve stipulation and any stipulation the parties may wish to file regarding allowance of professional and trustee fees.
COURT TO PREPARE ORDER.
Debtor(s):
Jeffrey Sumner Childs Pro Se
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow
Jeffrey I Golden (TR) Michael T Delaney
2:00 PM
CONT'D Hearing RE: Examination RE: Enforcement Of Judgment Of Marc Joseph Spizzirri To Furnish Information To Aid In Enforcement Of A Money Judgment Against You.
(Set per Order Entered 3/19/18) FR: 4-23-18
Docket 1033
- NONE LISTED -
Debtor(s):
Marc Joseph Spizzirri Represented By Robert P Goe Derrick Talerico
James Andrew Hinds Jr Robert E Opera William N Lobel
Reem J Bello
Trustee(s):
Bradley D. Sharp (TR) Represented By Nanette D Sanders Brian R Nelson
2:00 PM
CONT'D Hearing RE: Motion For Order Disallowing And Reducing Claims Of Siemens Healthcare Diagnostics, Inc. And For Disgorgement Of Plan Distributions Pursuant To 11 U.S.C. Section 105:
(Motion filed 3/28/18)
Claim No. 9 Siemens Healthcare Diagnostics, Inc. $562,524.33
FR: 5-7-18
Docket 527
- NONE LISTED -
Debtor(s):
Advanced Biomedical, Inc. Represented By Asa W Markel Dixon Gardner
Robert S Marticello Philip E Strok
Kyra E Andrassy
2:00 PM
Hearing RE: Motion For Order Disallowing Claim Of G.A.M. International, Inc., Which Is Not An Obligation Of The Debtor Pursuant To 11 U.S.C. Section 502 And For Disgorgement Of Plan Distributions Pursuant To 11 U.S.C. Section 105 (Motion filed 3/30/18)
Scheduled Claim: G.A.M. International, Inc./ $16,250.00
Reza Massoumi
Docket 532
Grant the motion, disallow the claim of G.A.M. and, pursuant to 11 U.S.C. § 105(a) order G.A.M. to disgorge $16,500.00 to the Reorganized Debtor on or before July 5, 2018.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Advanced Biomedical, Inc. Represented By Asa W Markel Dixon Gardner
Robert S Marticello Philip E Strok
Kyra E Andrassy
2:00 PM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses:
(Final Report 4/17/18)
[RE: KAREN SUE NAYLOR - Chapter 7 Trustee] [Fees: $45,499.71; Expenses: $1,203.09]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $3,409.50; Expenses: $385.90]
[Tele. appr., Karen S. Naylor, repr., Trustee, Karen S. Naylor]
Docket 95
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$45,499.71 and expenses in the amount of $1,203.09.
The compensation is approved as to Hahn Fife, with fees in the amount of
$3,409.50 and expenses in the amount of $385.90.
2:00 PM
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Timothy Darrell Liggett Represented By Andrew S Bisom
Joint Debtor(s):
Andria Ann Liggett Represented By Andrew S Bisom
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
Hearing RE: Interim Application For Allowance Of Compensation And Reimbursement Of Expenses For The Period From December 8, 2017 Through April 13, 2018
(Motion filed 4/16/18)
[RE: FINANCIAL RELIEF LAW CENTER - Attorney For Debtor]
[Fees: $18,450.00; Expenses: $0.00]
Docket 97
Grant and allow on an interim basis:
Attorney's fees: $18,450.00 Attorney's expenses: -0-
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mohdsameer Aljanedi Dental Represented By Andy C Warshaw
Richard L. Sturdevant
2:00 PM
Hearing RE: Motion Seeking Approval To Commence Adversary Proceeding (Motion filed 5/2/18)
[Tele. appr., Ryan O'Dea, repr., Debi Geary]
Docket 34
The Court grants the motion but does not reach or decide the potential issue of whether the filing of a complaint would be timely under FRBP 4007(c). The Court notes in this context that the first meeting of creditors in this case was set for February 15, 2018. See State Bank & Tr., N.A. v. Dunlap (In re Dunlap), 217 F.3d 311 (5th Cir. 2000) and Willms v. Sanderson, 723 F.3d 1094, 1099-1100 (9th Cir. 2013). When the case was reopened on March 8, 2018, there was still time for creditors to file a § 523 complaint before (approximately) April 16, 2018 or May 7, 2018 (60 days from reopening).
COURT TO PREPARE ORDER.
Debtor(s):
Derek Lee Collins Represented By Michael W Collins
Trustee(s):
Weneta M Kosmala (TR) Pro Se
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order Extending Time For The Chapter 7 Trustee To File A Complaint To Object To Debtor's Discharge
(11 U.S.C. Section 727) (Motion filed 5/4/18)
Docket 23
Grant the motion.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Phillip Barry Greer Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D ODea
2:00 PM
Hearing RE: Order To Show Cause RE: Dismissal For Failure To Comply With Rule 1006(b)
[$150.00 Installment Fee Was Due On 4-23-18]
Docket 0
Grant and dismiss the case.
COURT TO PREPARE ORDER.
Debtor(s):
Anthony Jerome Maxey Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
Hearing RE: Motion In Individual Chapter 11 Case For Order Authorizing Use Of Cash Collateral
(Motion filed 5/11/18)
[Tele. appr., Greg P. Campbell, repr., U.S. Bank National Association As Trustee]
[Tele. appr., Andrew A. Moher, repr., Jamal Elyazal]
Docket 41
Grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jamal Elyazal Represented By Andrew Moher
2:00 PM
Hearing RE: Motion By United States Trustee To Dismiss Case Pursuant To 11
U.S.C. Section 1112(b); And, Request For Judgment For Quarterly Fees Due And Payable To The U.S. Trustee At The Time Of The Hearing
(Motion filed 4/20/18)
Docket 27
Grant the motion and dismiss the case with judgment for the UST for any unpaid fees.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jamal Elyazal Represented By Andrew Moher
2:00 PM
Hearing RE: Motion To Avoid Lien
(Motion filed 12/7/17) (Set per Order Entered 1/25/18) FR: 3/5/18
Docket 0
- NONE LISTED -
Debtor(s):
Corey A. Fritz Represented By Bruce D White
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
Prober & Raphael, A Law Corporation - movant attorney Motion for Relief from Stay
Alaska USA Federal Credit Union vs. DEBTORS (Motion filed 5/9/18)
Re: 2015 Chrysler 300, Vin # 2C3CCAEG6FH846190
Docket 11
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Javier Comparan Represented By
Inez Tinoco-Vaca
Joint Debtor(s):
Maria Comparan Represented By
Inez Tinoco-Vaca
9:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's final report; applications for compensation
Docket 0
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$1,543.20 and expenses in the amount of $137.76.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Rodrigo Pedraza Represented By Marc E Grossman
Joint Debtor(s):
Suzanne Marie Pedraza Represented By Marc E Grossman
2:00 PM
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg. on Debtor's Motion for Order Approving (1) Sale of Real Property at 352 E. Aeroplane Blvd., Big Bear City, California, Free and Clear of Liens and Claims, and (2) To Pay Broker's Commission
Docket 82
Grant the motion.
DEBTORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Robert Kenneth Phelps Represented By Todd L Turoci Marc Rosenthal
Joint Debtor(s):
Sharon Lee Phelps Represented By Todd L Turoci
2:00 PM
Hrg. on Debtors' Motion to Avoid Judicial Lien with Jamie Taylor
Docket 29
Continue to November 20, 2018 at 2:00 p.m. to permit the Court to hear and rule upon the objection to exemption.
COURT TO PREPARE ORDER.
Debtor(s):
Val James Simon Represented By Todd L Turoci
Joint Debtor(s):
Katherine Lois Simon Represented By Todd L Turoci
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 8/9/16)
FR: 10-12-16; 11-9-16; 2-15-17; 5-3-17; 9-27-17, 12-13-17; 2-28-18
Docket 8
The Court will inquire into (1) compliance with United States Trustee guidelines and requirements, and (2) extend the deadline for filing a plan and disclosure statement to August 31, 2018 and the deadline for confirming a plan to December 31, 2018.
Next status conference: October 17, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Eric Martinson Represented By Richard Lynn Barrett
9:00 AM
Adv#: 8:17-01169 Official Committee Of Unsecured Creditors v. CLR Marketing Partners
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18; 4-4-18
Docket 1
Continue the status conference to September 19, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
CLR Marketing Partners Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
9:00 AM
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01175 Official Committee Of Unsecured Creditors v. Spicers Paper, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18; 4-4-18
Docket 1
The Court will inquire whether the parties plan to file a stipulated dismissal of this adversary proceeding.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Spicers Paper, Inc. Represented By David M Banker
Plaintiff(s):
Official Committee Of Unsecured Represented By
9:00 AM
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01183 Official Committee Of Unsecured Creditors v. Bottomley & Associates,
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 3-28-18
Docket 1
Continue the status conference to September 19, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Bottomley & Associates, LLC Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
9:00 AM
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01190 Official Committee Of Unsecured Creditors v. Happiest Minds Technologies
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 3-28-18
Docket 1
The Court will inquire whether the parties have finalized settlement documentation.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Happiest Minds Technologies Represented By Shu-Lin Tung
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01198 Official Committee Of Unsecured Creditors v. Software AG USA, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 3-28-18
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Software AG USA, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01202 Official Committee Of Unsecured Creditors v. Central Ink Corporation
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 4-4-18
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on September 15, 2018.
Expert reports under Rule 26 are due October 15, 2018 with rebuttals due November 15, 2018. Expert discovery closes November 30, 2018.
All discovery motions shall be heard before December 31, 2018.
All pretrial motions (except motions in limine) shall be heard before January 31, 2019.
Pretrial conference is set for February 13, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen
9:00 AM
Alan J Friedman Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Central Ink Corporation Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01208 Official Committee Of Unsecured Creditors v. Aramark Uniform & Career
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 4-4-18
Docket 1
The Court will continue this status conference to September 19, 2018 at 9:00 a.m. to permit the parties time to document their settlement and file appropriate pleadings.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Aramark Uniform & Career Apparel, Pro Se Aramark Entertainment LLC Pro Se
9:00 AM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01211 Official Committee Of Unsecured Creditors v. RDI Marketing Services, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 4-4-18
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on September 15, 2018.
Expert reports under Rule 26 are due October 15, 2018 with rebuttals due November 15, 2018. Expert discovery closes November 30, 2018.
All discovery motions shall be heard before December 31, 2018.
All pretrial motions (except motions in limine) shall be heard before January 31, 2019.
Pretrial conference is set for February 13, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen
9:00 AM
Alan J Friedman Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
RDI Marketing Services, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01197 Official Committee Of Unsecured Creditors v. Simplifi Holdings, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 3-28-18
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Simplifi Holdings, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01207 Official Committee Of Unsecured Creditors v. Midland Paper Company
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 4-4-18
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Midland Paper Company Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01082 Blue Light Capital Corp v. Bian
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint Objecting To Proof Of Claim Filed By The Creditor Wenqiang Bian; To Determine Amount Of Creditor's Lien; Declaratory Relief; And Reformation Of Trust Deed And Promissory Note; And Damages
(Complaint filed 5/24/17)
(First Amended Complaint filed 6/23/17)
(Another Summons issued on Counter-Claim 7/10/17) (PTC set at S/C held 11/29/17)
FR: 8-30-17; 9-27-17; 11-29-17
Docket 3
- NONE LISTED -
Debtor(s):
Blue Light Capital Corp Represented By Alan M Lurya
Defendant(s):
Wenqiang Bian Pro Se
Plaintiff(s):
Blue Light Capital Corp Represented By Alan M Lurya
9:00 AM
Adv#: 8:17-01078 Neskovic v. Corbin et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Fraudulent Conveyance;
To Set Aside Fraudulent Conveyance;
Constructive Trust;
Declaratory Relief; And
Violation Of The Uniform Voidable Transactions Act Under California Civil Sections 3439.04(a) & 3439.05
(Notice of Removal filed 5/16/17)
FR: 7-19-17; 7-26-17; 9-13-17; 1-17-18; 1-31-18; 2-28-18
Docket 0
- NONE LISTED -
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones
Defendant(s):
Dean Corbin Pro Se
Joshua Corbin Pro Se
Big Blue Funding, LP Pro Se
Jaen Industries, LLC Pro Se
Safe Harbor Industries, LLC Pro Se
9:00 AM
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones
Plaintiff(s):
Daniel Neskovic Represented By Paul J Kurtzhall
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Nissan Motor Acceptance Corporation
(Motion filed 5/1/18)
[RE: 2017 Nissan Sentra - Amount: $27,770.37] [VIN No.: 3N1AB7AP3HY328553]
Docket 10
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Jose L Favela Jr. Represented By Ricardo Nicol
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation
(Motion filed 4/26/18)
[RE: 2013 Toyota Tacoma /PR - Amount: $10,202.06 [VIN No.: 3TMKU4HN4DM037818]
Docket 12
The reaffirmation agreement is approved if Debtor is current on the loan, believes all payments can be made and the vehicle is insured.
COURT TO PREPARE ORDER.
Debtor(s):
Zeferino Bahena Morales Represented By Lauren M Foley
Trustee(s):
Weneta M Kosmala (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 5-9-18
Docket 20
- NONE LISTED -
Debtor(s):
Lorenzo R Manrique Represented By Scott Kosner
Joint Debtor(s):
Carmen Manrique Represented By Scott Kosner
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 5-9-18
Docket 21
- NONE LISTED -
Debtor(s):
Makali'i Paige Pawasarat Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 26
- NONE LISTED -
Debtor(s):
Eddie Evans Light Represented By Michael Jones
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 5-9-18
Docket 31
- NONE LISTED -
Debtor(s):
Elvira Marroquin Represented By Bryn C Deb
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 15
- NONE LISTED -
Debtor(s):
Gerald Bennet Villaverde Represented By Christopher J Langley
Joint Debtor(s):
Melinda Emma Sutika Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 13
- NONE LISTED -
Debtor(s):
Darren Kobayashi Represented By John Habashy
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 10
- NONE LISTED -
Debtor(s):
Bryant R Gonzalez Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Voravud Wongsuphakphan Represented By Katherine N Nguyen
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
William Gibbs Stanley Represented By Andrew Moher
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 16
- NONE LISTED -
Debtor(s):
Michael Koshkarian Represented By Brian J Soo-Hoo
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
David Ken Toyota Represented By Edward T Weber
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: United States Trustee's Motion For Escrow Account Reconciliation Statement Including Waiver Or Unnoticed Escrow Charges Or Refund Of Escrow Surplus In Response To Nationstar Mortgage LLC's Notices Of Mortgage Payment Change
(Motion filed 4/2/18) FR: 5-9-18
Docket 62
- NONE LISTED -
Debtor(s):
Shirley Ernest Represented By Tyson Takeuchi Scott Kosner
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 4/17/17)
Docket 48
Grant the motion and dismiss the case.
CLERK'S OFFICE TO ISSUE ORDER.
Debtor(s):
Luz Narciso Lim Represented By
James D. Hornbuckle
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 12/6/17) (Set Per Opposition filed 1/2/18) FR: 2-7-18; 4-11-18
Docket 55
The Court will inquire whether the granting of the Motion to Modify renders the Motion to Dismiss moot.
Debtor(s):
Martin Garcia Represented By Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 4/3/18)
(Set per Opposition filed 4/17/18)
Docket 50
- NONE LISTED -
Debtor(s):
Bette Mae Doremus Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 3/1/18) (Set per Opposition filed 3/15/18) (Notice of Hearing filed 3/15/18)
FR: 4-11-18
Docket 39
Grant the motion and dismiss the case.
CLERK'S OFFICE TO ISSUE ORDER.
Debtor(s):
Peter M Shotts Represented By Elena Steers
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Debtor's Objection To Proof Of Claim:
Claim No. 3 Wells Fargo Bank, N.A. $487,337.07 (Objection filed 4/24/18)
Docket 0
- NONE LISTED -
Debtor(s):
Elvira Marroquin Represented By Bryn C Deb
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 3/1/18)
(Set per Opposition filed 4/16/18)
Docket 73
- NONE LISTED -
Debtor(s):
Angel Juarez Represented By
Sunita N Sood
Joint Debtor(s):
Maria Juana Juarez Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 4/3/18) (Set per Opposition filed 4/17/18)
Docket 49
- NONE LISTED -
Debtor(s):
Richard E. Abeyta Represented By Michael G Spector
Joint Debtor(s):
Jamie Lee Represented By
Michael G Spector
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 6:17-01273 Fleming, Sr et al v. Fleming, Jr et al
STATUS CONFERENCE Hearing RE: lawsuit pending in State Court to Bankruptcy Court
(Notice of Removal filed 12/13/17)
[RE: Superior Court Of The State Of California For The County Of Orange, Case No 30-2015-00805846-CU-FRCJC ]
[Case: Havasu Lakeshore Investments, LLC v. Terry L. Fleming, Sr. et al., ]
(Cont. from 4/26/18)
Docket 0
The Court will issue a scheduling order:
All discovery shall close on November 30, 2018.
All discovery motions shall be heard before December 31, 2018.
All pretrial motions (except motions in limine) shall be heard before January 31, 2019.
Pretrial conference is set for February 21, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Defendant(s):
Terry Lee Fleming Jr Represented By Michael B Reynolds
Patricia Wilson-Fleming Represented By Randall S. Waier
Havasu Landing LLC Represented By Michael B Reynolds
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till James E Till
Havasu Lakeshore Investments Represented By Martin A Eliopulos
9:00 AM
Adv#: 6:17-01272 Fleming, Sr et al v. Doucette et al
STATUS CONFERENCE Hearing RE: lawsuit pending in State Court to Bankruptcy Court
(Notice of Removal filed 12/13/17)
[RE: Superior Court Of The State Of California For The County Of Riverside, Case No PSC1502480 ]
[Case: Havasu Lakeshore Investments, LLC v. Terry L. Fleming, Sr. et al., ] (Cont. from 4/26/18)
Docket 0
The Court will stay this action through and including February 28, 2019. Next status conference: January 17, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Katherine Doucette Represented By Randall S. Waier
Havasu Landing, LLC Represented By
9:00 AM
Michael B Reynolds
Terry Fleming, Jr. Represented By Michael B Reynolds
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till James E Till James E Till
Havasu Lakeshore Investments Represented By Martin A Eliopulos
9:00 AM
Adv#: 6:17-01273 Fleming, Sr et al v. Fleming, Jr et al
Hrg on Plaintiff's Havasu Lakeshore Investments, LLC Motion to Remand Removed Action
Docket 20
Deny the motion for the reasons stated by defendant Fleming, Sr.: the importance of centralizing litigation against the debtor in bankruptcy court in chapter 11 cases and the possibility that creditors’ claims will be paid in full, obviating the necessity of determining this action.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Terry Lee Fleming Jr Represented By Michael B Reynolds
Patricia Wilson-Fleming Represented By Randall S. Waier
Havasu Landing LLC Represented By Michael B Reynolds
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
James E Till
Havasu Lakeshore Investments Represented By Martin A Eliopulos
9:00 AM
Hrg. on Chapter 11 Status Conference
Docket 0
The Court will inquire into compliance with United States Trustee guidelines and requirements.
The Court will set a deadline of October 31, 2018 for filing a plan and disclosure statement and a deadline of March 31, 2019 for confirming a plan.
The Court will set a deadline of April 30, 2019 for objecting to claims. Next status conference: October 18, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Sunpro Solar Inc. Represented By
Robert B Rosenstein
2:00 PM
Hrg. on Chapter 11 Status Conference (cont. from 5/31/18)
Docket 0
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: September 13, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Hrg. on Disclosure Statement (cont. from 5/31/18)
Docket 0
Creditor Angie Shin has objected to debtor Murray Altman’s disclosure statement on a number of grounds, some of which are well taken and others not so much. The Court also has a number of suggested edits of its own (largely dealing with correction of typographical errors and minor presentation-type matters). The Court will review its comments and concerns with the parties at the disclosure statement hearing.
Many of Ms. Shin’s objections can be cured by adding statements to the disclosure statement. Other objections go to the heart of Mr. Altman’s chapter 11 plan and are likely to be more difficult to cure or overcome. The Court views the absolute priority issue as the key issue here.
The absolute priority rule as applied to individuals allows an individual chapter 11 debtor to retain (free and clear of the absolute priority rule) postpetition earnings included in the estate under 11 U.S.C. § 1115. See 11 U.S.C. § 1129(b)(2)(B)(ii) ("except that in a case in which the debtor is an individual, the debtor may retain property included in the estate under section 1115"). Mr. Altman’s disclosure statement refers to two items of income in this category, namely, Mrs. Altman’s Social Security benefits and Mr. Altman’s disability income.
Mr. Altman holds a membership interest in Desert Springs Financial, LLC ("DSF").
2:00 PM
Under section 5.9 of the Desert Springs Financial, LLC Operating Agreement, Mr. Altman is entitled to a $300,000 per annum management fee, payable to Mr. Altman by DSF. It is unclear to the Court whether this is a source of funds for repayment of claims under the proposed chapter 11 plan (the financial projections refer generically to "Consulting Income") and/or whether Mr. Altman intends to set off all or part of the management fee against Ms. Shin’s claims to the extent such claims are payable to DSF. If that is the case, the disclosure statement should be more specific on these points.
As to Ms. Shin’s specific objections, the Court rules as follows:
Amended plan fails to state plan length. Although it is possible to read between the lines and conclude that the plan length is 60 months, Mr. Altman should be more specific and include a new section entitled "Length of Plan" and state therein that the plan length is 60 months from the effective date.
Amended plan does not state deadline for paying creditors. This objection is only partly true. The plan clearly states that convenience class creditors (Class 4(a)) are to be paid in full on the effective date. Thus, the deadline for payment is stated: it is the effective date. Likewise, the deadline for payment of class 4(b) is stated. Class 4(c) (Ms. Shin’s claims) is paid at the rate of
$4,500 per month, with the balance to be paid when the property is sold or developed or at the end of 60 months, whatever comes first. All of this is set forth in the disclosure statement, but it probably could be re-written to be more concise and compact.
The Court agrees that the plan and disclosure statement should state that the plan shall pay 100 percent of Ms. Shin’s claims, not that it "should" be able to make this payment.
The Court agrees that the plan and disclosure statement should state that holders of allowed secured claims shall retain their liens until the claims are paid in full.
2:00 PM
The disclosure statement needs a separate section on Ms. Shin’s claims setting forth what the proof of claim ("POC") provides, the extent to which Mr. Altman agrees with what the POC provides, and the Court’s ruling on allowance of the claim. Probably the best way for this to be handled is for Ms. March to submit to Mr. Bisom what she would like this section to state, and then Mr. Bisom can indicate what he agrees with and what he disagrees with. In other words, the disclosure statement would set forth Ms. March’s position and Mr. Bisom’s position on these matters.
The disclosure statement should be revised to reflect Mr. Bisom’s contentions with respect to Ms. Shin’s alleged lien on Mr. Altman’s residence and then set forth Ms. March’s contentions with respect to this matter.
The Court agrees that the plan and disclosure statement should clearly provide that if the case is dismissed, all liens survive including liens previously avoided.
On its face, the plan and disclosure statement provide for the full payment of Ms. Shin’s claims and only a partial payment of unsecured claims in Class 4(b). So the absolute priority rule is in play in any event. Mr. Altman should precisely explain how much of Ms. Shin’s claims will remain outstanding at the end of 60 months after being paid at the rate of $4,500 per month, taking into account any applicable set offs relating to the $300,000 per annum management fee and any accrued but unpaid management fees, if applicable. Mr. Altman should then explain why it is reasonable to suppose that the balance of the claims (a number should be stated here) can be paid in full at the end of 60 months. In other words, feasibility must be demonstrated. IF CLASS 4(b) CLAIMS CANNOT BE PAID IN FULL, THE PLAN AND DISCLOSURE STATEMENT MUST PROVIDE FOR AN AUCTION OF ESTATE PROPERTY PURSUANT TO ZACHERY AND SUPREME COURT AUTHORITY. Note, however, that the $300,000 per annum management fee payable by DSF to Mr. Altman as postpetition income from services can be retained by him under 11 U.S.C. § 1129(b)(2)(B)(ii) and used
2:00 PM
as "new value." Query whether a setoff of this fee against Ms. Shin’s claim would be treated as "new value" – the answer may depend upon whether the fees set off accrued prepetition or postpetition.
Ms. Shin has not shown how the new value contribution would be inadequate if it turns out that, using new value and set offs, all creditors are paid in full.
Ms. Shin’s argument regarding the state court charging order would make sense only if Mr. Altman sought to un-impair her claims. However, the plan impairs her claims, and one of the impairments is that the charging order cannot be enforced. This is valid under the Supremacy Clause, which makes federal bankruptcy law paramount over state law.
The amount of the monthly plan payment goes to unfair discrimination vis-à- vis the Class 4(b) creditors. This is an issue in the case and some explanation is needed by Mr. Altman.
Mr. Altman sets forth his best interests of creditors/ liquidation scenario analysis on pages 14-15 of the Amended Disclosure Statement. The Court regards this analysis as sufficient for disclosure statement purposes.
The objection that the plan would be non-confirmable unless the allegedly nondischargeable claims are paid 100 percent through a plan is not well taken because the plan does propose to pay Ms. Shin’s claims in full.
The Court agrees that the "creditors may not sue" language in the disclosure statement possibly makes the plan nonconfirmable where the plan revests estate property in the debtor on the effective date and does not provide for full payment of a nondischargeable claim. The main point here, however, is that the plan does provide for the full payment of Ms. Shin’s claims. Even if it did not, however, see In re Johnson, No. 16-8045, 2018 Bankr. LEXIS 1152 (B.A.P. 6th Cir., April 16, 2018). In that ground-breaking decision, the Sixth Circuit BAP held that a chapter 11 debtor could prevent a creditor holding a nondischargeable claim from suing the debtor outside of the plan where the
2:00 PM
confirmed plan provided that bankruptcy estate property did not revest in the reorganized debtor on the effective date. Because the property remained in the bankruptcy estate, the automatic stay enjoined the creditor holding the nondischargeable claim from collecting on the claim outside the plan (and was bound by the provisions of the confirmed plan). Note in this context that 11
U.S.C. § 362(a)(3) enjoins any act to exercise control over bankruptcy estate property as well as any act to obtain possession of estate property. Note also that the automatic stay remains in effect as to estate property until such property ceases to be estate property. 11 U.S.C. § 362(c)(1).
If there are too few creditors for the convenience class to make any sense, the class should be eliminated.
The absence of an impaired consenting class in a cramdown plan is an issue for plan confirmation. However, Mr. Altman should set forth his belief as to how he expects to obtain an impaired consenting class.
For the reasons stated above, the Court disapproves the Amended Disclosure Statement. In view of this disposition, it is unnecessary for the Court to rule upon the evidentiary objections filed in connection with this matter.
Mr. Altman has leave of Court to revise the plan and disclosure statement to address the concerns and comments stated herein.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Adv#: 6:16-01167 Shin v. Altman
STATUS CONFERENCE re fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury
re: To address any issues that may arise prior to trial (Cont. from 5/31/18)
Docket 1
In view of the fact that Mr. Altman’s plan, if confirmed, may result in Ms. Shin/DSF being paid in full, resolution of this adversary proceeding becomes less important than the plan process itself. Accordingly, the Court vacates the dates set for trial (July
16-18, 2018) and continues this status conference to November 29, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Defendant(s):
Murray Altman Pro Se
Plaintiff(s):
Yun Hei Shin Represented By
Kathleen P March
2:30 PM
Hrg. on Approval of Reaffirmation Agreement filed 5/3/18 between Debtor and LBS Financial Credit Union in the amount of $18,138.76
Re: 2016 KIA Soul
Docket 10
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Gregory Butler Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
1200 North Homeowners Assocation vs. DEBTOR (Motion filed 5/14/18)
[RE: 1200 North Flores Street, Unit 214, West Hollywood, California 90069]
Docket 53
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
- Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
(unless the Debtor shows that postpetition payments to the HOA are all current). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Bette Mae Doremus Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
LQ Management, L.L.C. vs. DEBTOR (Motion filed 5/18/18)
[RE: 1752 S. Clementine Street, Room 310, Anaheim, CA 92802]
Docket 55
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2). This motion has been filed to proceed with an unlawful detainer action. This action must go forward because the debtor's right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed.
The 14-day stay provided by Rule 4001(a)(3) is waived. Deny as to boxes 3, 7, 9, 10, 11 and 12.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Anthony Jerome Maxey Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Mechanics Bank vs. DEBTOR (Motion filed 5/17/18)
[RE: 2000 E. Oceanfront, Newport Beach, CA 92661]
Docket 7
- NONE LISTED -
Debtor(s):
Chester C Davenport Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
Hearing RE: First Amended Disclosure Statement Describing The Proposed First Amended Chapter 11 Plan Of Reorganization
(D.S. filed 4/29/18) (First Amended D.S. filed 5/9/18)
Docket 106
The Court will sustain the UST’s objection, disapprove the First Amended Disclosure Statement and require the Debtor to set forth in a revised disclosure statement the basis for contending that unfair discrimination vis-à-vis the FTC is not occurring in this case or, alternatively, to re-draft the plan such that unfair discrimination does not occur.
COURT TO PREPARE ORDER.
Debtor(s):
Madhulika Baid Represented By Michael R Totaro
2:00 PM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Chapter 13 Petition filed on 10/25/16)
(Case Converted to Chapter 11 on 11/28/16))
FR: 5-3-17; 8-2-17; 11-1-17; 11-15-17; 2-28-18; 5-9-18
Docket 0
The Court will inquire into compliance with United States Trustee guidelines and requirements and future directions for the case.
Next status conference: September 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Madhulika Baid Represented By Michael R Totaro
2:00 PM
Hearing RE: Motion Of Michael W. Collins To Withdraw As Counsel For Derek Lee Collins
(Motion filed 5/9/18)
Docket 37
Grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Derek Lee Collins Represented By Michael W Collins
Trustee(s):
Weneta M Kosmala (TR) Pro Se
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion for Order To:
(1) Compel Attendance For Examination At The Meeting Of Creditors; And
( 2) Compel Debtor To File His Schedules, Statement Of Financial Affairs And Related Documents; And
(3) Compel Debtor To Provide The Trustee With A Copy Of His Last Filed tax Return
(Motion filed 5/17/18)
Docket 15
- NONE LISTED -
Debtor(s):
Marcos Perez Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
SANTANDER CONSUMER USA Inc. vs. Debtors
(Motion filed 5/15/18)
Re: 2014 Chevrolet Cruze, VIN 1G1PC5SB9E7106617
Docket 11
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Steve Cruz Jr. Represented By Summer M Shaw Jenny L Doling
9:00 AM
Joint Debtor(s):
Jennifer Luana Cruz Represented By Summer M Shaw Jenny L Doling
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
SANTANDER CONSUMER USA Inc. vs. Debtor
(Motion filed 5/15/18)
Re: 2011 Kia Optima, VIN KNAGN4A74B5055895
Docket 13
Debtor(s):
Kimberly Nicole Dent Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for relief from stay
WELLS FARGO BANK, N.A. vs Debtor
(Motion filed 5/17/18)
RE: 33979 Newberry Road, Newberry Springs, CA 92365
Docket 9
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
- Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Elena Marie Hanson Represented By Stephen D Brittain
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Luke Daniels - movant attorney Motion for relief from stay LEWIS HA vs Debtor
(Motion filed 5/22/18)
RE: 10582 Oak Glen Ave., Montclair, CA 91763
Docket 9
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2). A judgment against the debtor was entered in the unlawful detainer action prepetition. The granting of this motion will permit the movant to exercise its rights under state law with respect to the subject property.
The 14-day stay provided by Rule 4001(a)(3) is waived.
Extraordinary relief under Box 3 is denied. (A stay is in effect as to other creditors in the case).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Humberto Martinez Marmol Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
9:00 AM
Mandelbaum & Robison LLP - movant attorney Motion for relief from stay
TTC ROC 888 PROMENADE, LLC, N.A. vs Debtor
(Motion filed 5/22/18)
RE: 421 WELLESLEY DRIVE #103, CORONA, CA 92879
Docket 11
The motion is granted pursuant to 11 U.S.C. § 362(d)(1). This motion has been filed to proceed with an unlawful detainer action. This action must go forward because the debtor's right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Eva E Martinez Represented By Randy Alexander
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:00 PM
Hrg on Trustee's Final Report and Applications for Compensation
Docket 39
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$2,410.72 and expenses in the amount of $227.38.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Diane Elaine Baker Represented By Steven A Alpert
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Hrg on Trustee's Application filed 5/22/18 for Authority to Employ Encore Law Group LLP as Special Litigation Counsel Pursuant to 11 U.S.C. § 328
Docket 257
Grant the application.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford
9:00 AM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Status Of Chapter 11 Case; And (2) Requiring Report On Status Of Chapter 11 Case
(Petition filed 6/15/2014)
(Post-Confirmation S/C set per Order Entered 10-6-15 - Docket No. 739]
FR: 8-27-14; 11-19-14; 1-7-15; 1-14-15; 4-8-15; 6-24-15; 9-9-15; 12-16-15;
4-13-16; 10-19-16; 4-19-17; 9-13-17; 2-14-18
Docket 1
Continue to July 23, 2018 at 2:00 p.m. so that it may be heard in conjunction with a motion for entry of a final decree.
COURT TO PREPARE ORDER.
Debtor(s):
Mega RV Corp., a California Represented By Robert P Goe Joel S. Miliband Arjun Sivakumar Alex L Benedict
Courtney E Norton Gregory E Robinson
9:00 AM
Adv#: 8:15-01391 Baek et al v. Halvorson et al
CONT'D Hearing RE: Motion For (1) Sanctions Against Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC, Grace Baek, And Their Attorneys Of Record, Corey Tolliver, And Christopher Coyle For Failure To Participate In Court Ordered Mediation In Good Faith; And (2) Order Revoking Pro Hac Vice Admissions Of Attorneys Christopher Coyle And Corey Tolliver (Docket No.
[61] in 8:15-ap-01391, Docket No. [41] in 8:15-ap-01454) And Motion To Lift The Stay Imposed On June 29, 2016 (Docket No. [76] in 8:15-ap-01391, Docket No. [58] in 8:15-ap-01454)
(Order setting hearing Entered 11/22/17) FR: 2-28-18; 4-11-18
Docket 0
- NONE LISTED -
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
Commercial Income Advisors, Inc. Pro Se JH RE Holdings, LLC Pro Se
Granite Bay Partners II, LLC Pro Se
PCC Fund I, LLC Pro Se
Jerry Ann Randall Represented By
9:00 AM
Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Miller
Dan L. Halvorson Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Miller
John O. Halvorson Represented By Marc C Forsythe Charity J Miller
Plaintiff(s):
Weneta M. Kosmala Pro Se
Baek 153, LLP Represented By Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
Pacific Commercial Group, LLC Represented By
Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
Richard Baek Represented By
9:00 AM
Trustee(s):
Reem J Bello Ali Matin
Steven J. Katzman Kyle Kveton
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:15-01454 Baek v. Halvorson et al
CONT'D Hearing RE: Motion For (1) Sanctions Against Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC, Grace Baek, And Their Attorneys Of Record, Corey Tolliver, And Christopher Coyle For Failure To Participate In Court Ordered Mediation In Good Faith; And (2) Order Revoking Pro Hac Vice Admissions Of Attorneys Christopher Coyle And Corey Tolliver (Docket No.
[61] in 8:15-ap-01391, Docket No. [41] in 8:15-ap-01454) And Motion To Lift The Stay Imposed On June 29, 2016 (Docket No. [76] in 8:15-ap-01391, Docket No. [58] in 8:15-ap-01454)
(Order setting hearing Entered 11/22/17) FR: 2-28-18; 4-11-18
Docket 0
- NONE LISTED -
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
Weneta M.A. Kosmala Represented By Reem J Bello
John Olaf Halvorson Represented By Charity J Miller Marc C Forsythe
9:00 AM
Plaintiff(s):
Grace Baek Represented By
Ali Matin
Steven J. Katzman Kyle Kveton
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:17-01076 The William G. Joiner Trust Dated 2/6/02 v. Magness et al
Hearing RE: Order To Show Cause (Order To Show Cause Entered 5/3/18)
Docket 0
The hearing on the OSC will go forward.
The Court will interpret Mr. Kelly Johnson’s declaration, filed May 18, 2018, as a late-filed opposition to the OSC (filed 7 days late).
COURT TO ISSUE MEMORANDUM DECISION.
Debtor(s):
Shannon Marie Magness Pro Se
Defendant(s):
Kelly Scott Johnson Pro Se
Shannon Marie Magness Pro Se
Joint Debtor(s):
Kelly Scott Johnson Pro Se
Plaintiff(s):
The William G. Joiner Trust Dated Represented By
Meghan C Sherrill Penelope Parmes Michael E McCarthy
9:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 5/2/17)
FR: 7-5-17; 11-15-17; 3-7-18
Docket 0
Continue to October 24, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones
9:00 AM
Adv#: 8:17-01187 Official Committee Of Unsecured Creditors v. Data-Dynamix Inc.
Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 (Motion filed 5/21/18)
Docket 16
Grant the motion and enter default judgment against Defendant Data-Dynamix Inc. in the amount of $61,549.48 and costs of $350.00.
COMMITTEE TO LODGE (1) FORM OF JUDGMENT AND (2) ORDER GRANTING MOTION FOR ENTRY OF DEFAULT JUDGMENT VIA LOU WITHIN 7 DAYS.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Data-Dynamix Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
9:00 AM
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01189 Official Committee Of Unsecured Creditors v. Gracenote, Inc.
Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 (Motion filed 5/21/18)
Docket 13
Grant the motion and enter default judgment against Defendant Gracenote, Inc. in the amount of $42,018.94 and costs of $350.00.
COMMITTEE TO LODGE (1) FORM OF JUDGMENT AND (2) ORDER GRANTING MOTION FOR ENTRY OF DEFAULT JUDGMENT VIA LOU WITHIN 7 DAYS.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Gracenote, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Jeffrey P Nolan
9:00 AM
Adv#: 6:16-01153 Daff, Chapter 7 Trustee et al v. Zaragoza et al
STATUS CONFERENCE re: Complaint by Charles W. Daff, Chapter 7 Trustee against Patricio Zaragoza, Vannessa Zaragoza, Eric Christian Zaragoza.
Complaint for Avoidance, Recovery, and Preservation of Unauthorized Post- Petition Transfers [11 U.S.C. Sections 549, 550, and 551] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (14 (Recovery of money/property - other))
(Cont. from 2/15/18)
Docket 1
- NONE LISTED -
Debtor(s):
Ruth Maldonado Pro Se
Defendant(s):
Patricio Zaragoza Pro Se
Vannessa Zaragoza Pro Se
Eric Christian Zaragoza Pro Se
Plaintiff(s):
Charles W. Daff, Chapter 7 Trustee Represented By
David Wood D Edward Hays
Trustee(s):
Charles W Daff (TR) Represented By
9:00 AM
D Edward Hays David Wood
9:00 AM
Adv#: 6:17-01088 Anderson v. Marcelo
STATUS CONFERENCE RE: 1) Avoidance of Intentional Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551; Cal. Civ. Code §§
3439.04, 3439.07, 3439.08]; 2) Avoidance of Constructive Fraudulent Transfers
and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551; Cal. Civ. Code §§
3439.04, 3439.05, 3439.07, 3439.08, 3439.09]; 3) Disallowance of Claims [11
U.S.C. §502(d)]; 4) Unjust Enrichment [11 U.S.C. § 105]; 5) Declaratory Relief [11 U.S.C. §§ 541, 544, 548; FRBP 7001(9)]; and 6) Turnover of Property of the Estate [11 U.S.C. § 542]
(Cont. from 3/1/18)
Docket 1
- NONE LISTED -
Debtor(s):
Anthony Lorenzo Marcelo Represented By Daniel King
Defendant(s):
Relito C. Marcelo Represented By Daniel King
Plaintiff(s):
Karl T. Anderson Represented By Brandon J Iskander
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman
9:00 AM
Elyza P Eshaghi
9:00 AM
Adv#: 6:18-01074 Pringle v. Perez
Hrg on Status Conference RE: Complaint by John Pringle against Alonso Perez. (11 (Recovery of money/property - 542 turnover of property)),(12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)
Docket 1
Continue the status conference to July 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Ana Maria Perez Pro Se
Defendant(s):
Alonso Perez Pro Se
Plaintiff(s):
John Pringle Represented By
Toan B Chung
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
9:00 AM
Adv#: 6:18-01059 Banhart v. Marchand
Hrg on Defendants Motion to Dismiss Adversary Complaint for Denial of Discharge pursuant to 1) 11 USC Section 727(A)(2), 2) 11 USC Section 727(A)
(3) and 3) 11 USC Section 727(A)(4) (Cont. from 5/31/18)
Docket 5
The Court will strike the opposition because it failed to comply with Local Bankruptcy Rule 9013-1(f)(2) by failing to advise an adverse party that any reply must be filed with the Court and served on the responding party not later than 7 days prior to the hearing on the motion. With the opposition stricken, the Court grants the motion and dismisses the case without prejudice.
DEBTOR-DEFENDANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Nanette Denise Marchand Represented By David M Flader
Defendant(s):
Nanette Denise Marchand Represented By Baruch C Cohen
Plaintiff(s):
Robert Banhart Represented By Kyle P Kelley
9:00 AM
Trustee(s):
John P Pringle (TR) Pro Se
9:00 AM
Adv#: 6:18-01059 Banhart v. Marchand
Hrg. on STATUS CONFERENCE re: Complaint for Denial of Discharge 11
U.S.C. §727
(Cont. from 5/31/18)
Docket 1
The status conference is moot.
Debtor(s):
Nanette Denise Marchand Represented By David M Flader
Defendant(s):
Nanette Denise Marchand Pro Se
Plaintiff(s):
Robert Banhart Represented By Kyle P Kelley
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Hrg on Disclosure Statement
Docket 49
The Court has a few comments but will likely approve the disclosure statement.
DEBTORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Flem Earl McMillan Represented By Todd L Turoci Todd L Turoci
Joint Debtor(s):
Lydia Ventura McMillan Represented By Todd L Turoci Todd L Turoci
2:00 PM
Hrg. on chapter 11 Status Conference (cont. from 5/10/18)
Docket 0
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: October 18, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Flem Earl McMillan Represented By Todd L Turoci Todd L Turoci
Joint Debtor(s):
Lydia Ventura McMillan Represented By Todd L Turoci Todd L Turoci
2:00 PM
Hrg. on Debtor's Final motion filed 4/19/18 for Authorization to use Cash Collateral
(cont. from 4/24/18)
Docket 14
Grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sunpro Solar Inc. Represented By
Robert B Rosenstein
9:00 AM
Adv#: 8:15-01028 Dakarai v. Fazilat
CONT'D TRIAL RE: Debtor's Amended Complaint For Violation Of The Automatic Stay
(Complaint filed 12/9/14) (Amended Complaint filed 3/4/16)
(Status Conference set per hearing held in Case No. 8:14-bk-15055-MW on 2/2/15)
(PTC set at S/C held 4/8/15 - Vacated per Order Entered 6-10-15) (PTC Reset per Order Entered 7/16/15)
(PTC Reset per Order Entered 3/7/16)
(Status Conference set per hearing on motion held 8/3/16) (PTC set at S/C held 8-3-16)
(S/C set per Order Entered 9/19/17) (Trial set at S/C held 11/8/17)
FR: 2-2-15; 7-8-15; 3-9-16; 6-1-16; 8-3-16; 10-12-16; 2-8-17; 4-19-17; 7-26-17;
11-8-17; 3-20-18
Docket 1
Debtor(s):
Dakarai Nyamyke Bruce Pro Se
Defendant(s):
Zahira Fazilat Represented By Gregory L Sproul
Plaintiff(s):
Bruce Dakarai Pro Se
9:00 AM
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
Adv#: 8:15-01028 Dakarai v. Fazilat
CONT'D TRIAL RE: Debtor's Amended Complaint For Violation Of The Automatic Stay
(Complaint filed 12/9/14) (Amended Complaint filed 3/4/16)
(Status Conference set per hearing held in Case No. 8:14-bk-15055-MW on 2/2/15)
(PTC set at S/C held 4/8/15 - Vacated per Order Entered 6-10-15) (PTC Reset per Order Entered 7/16/15)
(PTC Reset per Order Entered 3/7/16)
(Status Conference set per hearing on motion held 8/3/16) (PTC set at S/C held 8-3-16)
(S/C set per Order Entered 9/19/17) (Trial set at S/C held 11/8/17)
FR: 2-2-15; 7-8-15; 3-9-16; 6-1-16; 8-3-16; 10-12-16; 2-8-17; 4-19-17; 7-26-17;
11-8-17; 3-20-18; 6-20-18
Docket 1
Debtor(s):
Dakarai Nyamyke Bruce Pro Se
Defendant(s):
Zahira Fazilat Represented By Gregory L Sproul
Plaintiff(s):
Bruce Dakarai Pro Se
9:00 AM
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
The Bank Of New York Mellon FKA The Bank Of New York, As Trustee For The Certificateholders Of The CWALT, Inc., Alternative Loan Trust 2007-HY7C Mortgage Pass-Through Certificates, Series 2007-HY7C
(Motion filed 5/30/18)
[RE: 209 South Pearl Avenue, Compton, California 90221-3329]
Docket 23
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(4) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived.
The Court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and/or the filing of multiple bankruptcy cases relating to the subject property. 11 U.S.C. § 362(d) (4).
Also, grant the following relief:
- Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other
9:00 AM
loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
- Box 9. Relief from stay is granted under 11 U.S.C. § 362(d)(4), if the order granting this motion is recorded in compliance with state laws governing notices of interest or liens in real property, the order is binding in any other case under this title purporting to affect the Property filed not later than two years after the date of entry of such order, except that a debtor in a subsequent case under this title may move for relief from the order based upon changed circumstances or for good cause shown, after notice and a hearing.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Gerald Bennet Villaverde Represented By Christopher J Langley
Joint Debtor(s):
Melinda Emma Sutika Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
U.S. Bank National Association, As Trustee, Successor In Interest To Bank Of America, National Association As Trustee As Successor By Merger To LaSalle Bank National Association, As Trustee For Certificateholders Of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2006-HE10,
Its Assignees And/Or Successors vs. DEBTOR (Filed 5/31/18)
[RE: 1120 South Olive Street, Santa Ana, CA 92707]
Docket 13
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
Box 12. Upon entry of the order, for purposes of Cal. Civ. Code § 2923.5, the
9:00 AM
Debtor is a borrower as defined in Cal. Civ.Code § 2920.5(c)(2)(C).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Luis A Andrade Represented By Sunita N Sood
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate (Motion filed 6/1/18)
[RE: 6572 Abbott Drive, Huntington Beach, CA 92647]
Docket 11
Grant the motion and continue the stay as to all creditors.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Dennis Michael Justiniani Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer] House Properties & Associates, LLC vs. DEBTOR [RE: 228 S Mall Place Anaheim, CA 92804]
Docket 5
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2). A judgment against the debtor was entered in the unlawful detainer action prepetition. The granting of this motion will permit the movant to exercise its rights under state law with respect to the subject property.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Javier Talamantes Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate (Motion filed 6/2/18)
[RE: 3042 Zimmerman Place, Tustin CA 92782]
Docket 11
Grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jose Mella Ramin Jr. Represented By John Asuncion
Joint Debtor(s):
Marivic Aparato Ramin Represented By John Asuncion
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Amended Trustee's Final Report And Application For Compensation And Reimbursement Of Expenses
(Final Report filed 4/6/18)
(Hearing continued as a Place Holder)
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $55,755.00; Expenses: $4,600.21]
[RE: MIRMAN, BUBMAN & NAHMIAS, LLP - Former Attorney For Chapter 7 Trustee]
[Fees: $28,016.00; Expenses: $1,202.07]
[RE: CROWE HORWATH LLP - Accountant For Chapter 7 Trustee] [Fees: $27,117.05; Expenses: $18.05]
RE: BAKER & HOSTETLER, LLP - Attorney For Chapter 7 Trustee] [Fees: $702,663.90; Expenses: $20,949.09]
[RE: HAHN FIFE & COMPANY LLP - Accounant For Chapter 7 Trustee] [Fees: $1,701.00; Expenses: $258.60]
[RE: INDEPENDENT MANAGEMENT SERVICES - Field Agent For Chapter 7
Trustee]
[Fees: $7,181.25; Expenses: $4,473.37]
FR: 5-7-18; 6-4-18
Docket 709
- NONE LISTED -
2:00 PM
Debtor(s):
Jeffrey Sumner Childs Pro Se
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow
Jeffrey I Golden (TR) Michael T Delaney
2:00 PM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 5/16/18)
[RE: RICHARD A. MARSHACK - Chapter 7 Trustee] [Fees: $1,360.30; Expenses: $22.95]
[RE: LAW OFFICES OF LARRY D. SIMONS - Attorneys For Chapter 7 Trustee]
[Fees: $9,450.00; Expenses: $83.63]
Docket 51
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$1,360.30 and expenses in the amount of $22.95.
The compensation is approved as to the Trustee's attorneys, with fees in the amount of $9,450.00 and expenses in the amount of $83.63.
2:00 PM
Payment to the IRS is approved.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Margaret R. Bowles Represented By Joseph M Tosti
Trustee(s):
Richard A Marshack (TR) Represented By Larry D Simons
2:00 PM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 5/10/18)
[RE: KAREN SUE NAYLOR - Chapter 7 Trustee] [Fees: $7,120.16; Expenses: $587.04]
[RE: BURD & NAYLOR - Attorney For Chapter 7 Trustee] [Fees: $6,425.00; Expenses: $49.50]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $1,587.00; Expenses: $247.50]
Docket 102
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$7,120.16 and expenses in the amount of $587.04.
The compensation is approved as to Burd & Naylor, with fees in the amount of
$6,425.00 and expenses in the amount of $49.50.
2:00 PM
The compensation is approved as to Hahn Fife, with fees in the amount of
$1,587.00 and expenses in the amount of $247.50. The Court approves the payment to the FTB.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael J Ervin Represented By Mark D Klein
Trustee(s):
Karen S Naylor (TR) Represented By Burd & Naylor William M Burd
2:00 PM
CONT'D Evidentiary Hearing RE: Debtor And Debtor-in-Possession's Motion For Order Disallowing Claim:
(Motion filed 3/28/18)
Claim No. 422 GTT Communications, Inc. $152,052.14 FR: 4-30-18; 5-7-18
Docket 314
The Court will rule on the evidentiary objections to the Declaration of Min Swe on Behalf of Creditor GTT Communications, Inc., Docket No. 463, filed May 20, 2018 (the "Min Swe Declaration").
The Court previously ruled that debtor Styles for Less, Inc. ("Debtor") met its burden of going forward in objecting to the administrative expense claim of GTT Communications, Inc. ("GTT") by proffering evidence of greater probative value than that appearing in GTT’s proof of claim. This shifted the burden to GTT of proving up its claim by a preponderance of the evidence.
GTT has failed to show the terms of its agreement with Debtor regarding the provision of telecommunications-related goods and services. Although it does appear there was some kind of agreement – the Court accepts that Debtor paid moneys to GTT and listed GTT as a prepetition creditor—the terms and nature of the agreement are uncertain, in large part because of the sustained objections to the Min Swe Declaration. But even if the Court had overruled all objections to the Min Swe Declaration, this fatal uncertainty remains. The Master Services Agreement, dated December 4, 2009, between MegaPath, Inc. and Debtor (the "MSA") provides in
2:00 PM
Section 9 thereof that it can be assigned by MegaPath, Inc. ("MP") only "as part of a sale of all or substantially all of its assets, upon written notice to Subscriber [i.e., Debtor]." There is no evidence (even evidence to which the Court sustained objections) that MP sold its assets to GTT. GTT acquired ownership of all the stock of MP, but there is no showing that MP sold all or substantially all its assets to GTT. The closest GTT comes to proving this, which is not close at all (even accepting evidence to which Debtor successfully objected), is Exhibit C, which states that "As of April 1, 2015, MegaPath’s Managed Services business was acquired by [GTT]." There is no showing whatsoever that "MegaPath’s Managed Services business" constituted all or substantially all the assets of MP (or that there were other transactions which, when coupled with "MegaPath’s Managed Services business," constituted a sale of all or substantially all of MP’s assets).
For these reasons, and for the other reasons stated in Debtor’s Response to Declaration of Min Swe on Behalf of Creditor GTT Communications, Inc., Docket No. 469, filed June 4, 2018, the Court sustains Debtor’s objection to GTT’s administrative priority claim 422 and disallows such claim in its entirety.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
2:00 PM
CONT'D Hearing RE: Chapter 7 Trustee's Motion for Order To:
(1) Compel Attendance For Examination At The Meeting Of Creditors; And
( 2) Compel Debtor To File His Schedules, Statement Of Financial Affairs And Related Documents; And
(3) Compel Debtor To Provide The Trustee With A Copy Of His Last Filed tax Return
(Motion filed 5/17/18) FR: 6-11-18
Docket 15
- NONE LISTED -
Debtor(s):
Marcos Perez Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
2:00 PM
STATUS CONFERENCE Hearing RE: Chapter 11 Involuntary Petition (Petition filed 5/31/18)
Docket 1
The Court will inquire whether Debtor is contesting the petition. If not, the Court will enter an order for relief and set a status conference for August 1, 2018 at 9:00 a.m.
PETITIONING CREDITORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
QDOS, Inc Pro Se
9:00 AM
Aldridge Pite, LLp - movant attorney Motion for Relief from Stay
U.S. Bank National Association vs. DEBTORS (Motion filed 5/30/18)
RE: 62020 Bonair Rd, Joshua Tree, CA 92252-0809
Docket 19
The motion is granted pursuant to 11 U.S.C. § 362(d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
- Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
John Edward Duffy Represented By Jeffrey D Larkin
Joint Debtor(s):
Laura Marie Duffy Represented By Jeffrey D Larkin
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
Wells Fargo Bank, N.A. vs. DEBTOR (Motion filed 6/1/18)
RE: 43019 Camino Caruna, Temecula, CA 92592
Docket 14
Debtor(s):
Anna Varela Represented By
Brian J Soo-Hoo
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
Bank of America, N.A. vs. DEBTOR (Motion filed 6/5/18)
RE: N 2006 Fourwinds Mandalay 40B; VIN NO. 4UZACHCY06CX23054
Docket 8
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Marion H Hector Represented By Andrew Nguyen
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Carol G. Unruh, Esq. - movant attorney Motion for Relief from Stay
Gloria C. Menrad as Trustee vs. DEBTORS (Motion filed 5/26/18)
RE: 341 East San Bernardino Road Covina, CA 91723
Docket 12
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2). This motion has been filed to proceed with an unlawful detainer action. This action must go forward because the debtor's right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Armando C Meras Represented By Yoon O Ham
Joint Debtor(s):
Veronica Y Meras Represented By Yoon O Ham
9:00 AM
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 6/4/18 on First Application for Approval of Fees and Reimbursement of Expenses by Shulman Hodges & Bastian LLP
Docket 92
Grant the application and allow on an interim basis:
Attorneys' fees: $75,135.00 Attorneys' costs: $2,001.62
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Widly, Inc. Represented By
Richard R Hurley - SUSPENDED -
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman Melissa Davis Lowe
2:00 PM
Hrg. on Debtor's Motion filed 5/12/18 to Convert Case From Chapter 7 to 13
Docket 40
Deny without prejudice. The Debtor has not made a sufficient showing that he has disposable income to fund a chapter 13 plan. The massage business commenced only 1 month ago (May 2018) and there is an insufficient showing that it is a reliable source of disposable income.
The motion may be re-filed after December 31, 2018.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Enriquez Q Amezcua Represented By Caroline S Kim
Trustee(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
2:00 PM
Hrg. on Trustee's Application to Employ Roquemore, Pringle & Moore, Inc. as General Counsel as of April 13, 2018
Docket 38
Grant the application.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Enriquez Q Amezcua Represented By Caroline S Kim
Trustee(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
2:00 PM
Hrg. on Debtors' Motion filed 3/12/18 to Convert Case From Chapter 7 to 13
Docket 41
The Court will grant the motion and convert the case to chapter 13 if Debtors agree to revocation of the chapter 7 discharge granted on January 22, 2018.
DEBTORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Daniel L Horkey Represented By Julie J Villalobos
Joint Debtor(s):
Carmela Horkey Represented By Julie J Villalobos
Trustee(s):
Robert Whitmore (TR) Represented By Franklin C Adams Caroline Djang
2:00 PM
Hrg on Trustee's Final Report and Applications for Compensation
Docket 27
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$621.00 and expenses in the amount of $8.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Edward G Mendoza Represented By Paul Y Lee
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 5/25/18 to Dismiss Debtor John Francis Lynch From Bankruptcy Case
Docket 10
Grant the motion and dismiss Debtor John Francis Lynch.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
John Francis Lynch Represented By Neil R Hedtke
Joint Debtor(s):
Adan Abel Garcia Represented By Neil R Hedtke
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg. on Order to Show Cause Re Dismissal
Docket 0
Based upon the Trustee’s request, the Court will vacate its OSC. COURT TO PREPARE ORDER.
Debtor(s):
Ruben Valdivia Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Adv#: 8:17-01171
Official Committee Of Unsecured Creditors v. Documotion Research, Inc.
Docket No: 1
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Documotion Research, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Cred Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01144
Itria Ventures, LLC v. Ervin
Docket No: 1
Debtor(s):
Michael J Ervin Represented By Mark D Klein
Defendant(s):
Michael J Ervin Pro Se
9:00 AM
Plaintiff(s):
Itria Ventures, LLC Represented By Michael F Chekian
Trustee(s):
Karen S Naylor (TR) Represented By Burd & Naylor
9:00 AM
Adv#: 8:18-01035
Federal Trade Commission v. Lake
Docket No: 9
Debtor(s):
Dennis Edward Lake Represented By
D Justin Harelik
Defendant(s):
Dennis Edward Lake Pro Se
9:00 AM
Plaintiff(s):
Federal Trade Commission Represented By Michael P Mora
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Adv#: 8:18-01068
Reaves-Berrard v. Weisman
Docket No: 1
Debtor(s):
David Michael Weisman Represented By Daniel King
Defendant(s):
David Weisman Pro Se
9:00 AM
Plaintiff(s):
Cherelle Reaves-Berrard Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Docket No: 0
Debtor(s):
Jamal Elyazal Represented By Andrew Moher
9:00 AM
Adv#: 8:17-01082
Blue Light Capital Corp v. Bian
Docket No: 33
9:00 AM
Debtor(s):
Blue Light Capital Corp Represented By Alan M Lurya
Defendant(s):
Wenqiang Bian Represented By Chad V Haes
Plaintiff(s):
Blue Light Capital Corp Represented By Alan M Lurya
9:00 AM
Adv#: 8:17-01051
Diamond Enterprises, LTD., LP v. Younessi
Docket No: 78
9:00 AM
9:00 AM
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
Defendant(s):
Michael Younessi Represented By
Roger Frederickson
Plaintiff(s):
Diamond Enterprises, LTD., LP Represented By
M Douglas Flahaut
9:00 AM
Adv#: 8:17-01161
Martinez v. CV Investment Partners et al
Docket No: 28
Debtor(s):
Felix Martinez Represented By Joseph A Weber Fritz J Firman
Defendant(s):
CV Investment Partners Represented By Donald Reid Robert P Goe
Michael Cargile Represented By Robert P Goe
Plaintiff(s):
Felix Martinez Represented By
9:00 AM
Trustee(s):
Fritz J Firman
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Docket No: 50
Debtor(s):
Paul Joseph Gerard Riccobon Represented By Michael N Nicastro Michael D Franco
Trustee(s):
Richard A Marshack (TR) Pro Se
3:00 PM
Docket No: 48
Debtor(s):
Felix Martinez Represented By Joseph A Weber Fritz J Firman
Movant(s):
Amrane (SA) Cohen (TR) Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 6:17-01233 Cisneros v. Widly
Status Conference re Complaint by Arturo Cisneros against John R Widly Nature of Suit: (91 (Declaratory judgment)
(Cont. from 4/26/18)
Docket 1
- NONE LISTED -
Debtor(s):
Widly, Inc. Represented By
Richard R Hurley - SUSPENDED -
Defendant(s):
John R Widly Represented By
Lawrence La Rocca
Plaintiff(s):
Arturo Cisneros Represented By Melissa Davis Lowe
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman Melissa Davis Lowe
9:00 AM
Adv#: 6:18-01074 Pringle v. Perez
Hrg on Chapter 7 Trustee's Motion for Default Judgment Against Defendant Alonso Perez
Docket 8
Grant the motion and all relief requested.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ana Maria Perez Pro Se
Defendant(s):
Alonso Perez Pro Se
Plaintiff(s):
John Pringle Represented By
Toan B Chung
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
9:00 AM
Adv#: 6:18-01082 PERSONAL ENERGY FINANCE INC v. Miller
Status Conference re complaint to determine dischargeability of debt 11 USC Section 523 (a)(2)(A)
Docket 1
The Court will issue a scheduling order:
All discovery shall close on September 15, 2018.
All discovery motions shall be heard before October 15, 2018.
All pretrial motions (except motions in limine) shall be heard before November 30, 2018.
Pretrial conference is set for December 13, 2018 at 9:00 a.m. in Santa Ana, CA. COURT TO PREPARE ORDER.
Debtor(s):
Cynthia M Miller Pro Se
Defendant(s):
Cynthia M Miller Pro Se
Plaintiff(s):
PERSONAL ENERGY FINANCE Represented By
Donald T Dunning
9:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Adv#: 6:18-01081 Escontrias v. Hageman et al
Status Conference re Complaint to Object to Debtors Discharge and Determine NonDischargeability of Debt under Code Section 523 by Pilar Escontrias against Christopher Allen Hageman, Crystal Dee Hageman, Kai Hargis. fraud as fiduciary, embezzlement, larceny)),(41 (Objection / revocation of discharge - 727(c),(d),(e)
Docket 1
The Court will issue a scheduling order:
All discovery shall close on October 31, 2018.
All discovery motions shall be heard before November 30, 2018.
All pretrial motions (except motions in limine) shall be heard before December 31, 2018.
Pretrial conference is set for January 24, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Christopher Allen Hageman Represented By Roland D Tweed
Defendant(s):
Christopher Allen Hageman Pro Se
Crystal Dee Hageman Pro Se
9:00 AM
Kai Hargis Pro Se
Joint Debtor(s):
Crystal Dee Hageman Represented By Roland D Tweed
Plaintiff(s):
Pilar Escontrias Represented By
Ada R Cordero-Sack
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
U.S. Bank, N.A., Successor Trustee To LaSalle Bank National Association, On Behalf Of The Holders Of Bear Stearns Asset Backed Securities I Trust 2006-
HE2, Asset-Backed Certificates Series 2006-HE2 - vs. DEBTOR (Motion filed 10/16/17)
[RE: 3891 Claremont Street, Irvine, CA 92614]
FR: 11-13-17; 12-4-17; 1-8-18; 3-12-18; 3-19-18
Docket 95
The Court will inquire into the status of loan modification negotiations.
Debtor(s):
Gary Scott Represented By
Michael A Younge
Joint Debtor(s):
Denise Johnson-Scott Represented By Michael A Younge
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Commerical Bank Of California vs. DEBTOR (Motion filed 2/15/18)
[RE: 11899 Lotus Avenue, Fountain Valley, CA 92612]
FR: 3-26-18
Docket 36
Debtor(s):
Paul Joseph Gerard Riccobon Represented By Michael N Nicastro Michael D Franco
Movant(s):
Commercial Bank of California Represented By Anne C Manalili
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Reverse Mortgage Solutions, Inc. vs. DEBTOR (Motion filed 6/5/18)
[RE: 1721 E Gladwick Street, Carson, CA 90746]
Docket 28
Debtor(s):
Norma J Owens Represented By Desiree V Causey
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
Hearing RE: Application For Payment Of Final Fees And/Or Expenses For The Period From March 18, 2018 Through April 30, 2018
(Motion filed 6/1/18)
[RE: MICHAEL R. TOTARO/TOTARO & SHANAHAN - Attorney For Debtor]
[Fees: $6,930.00; Expenses: $0.00]
Docket 23
Grant and allow $6,930.00 in attorney’s fees and $0.00 in costs on a final basis. APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Trinity Han Represented By
Michael R Totaro
9:00 AM
Law Office of Bret D. Allen - movant attorney Motion for Relief from Stay
BMW Bank of North America vs. DEBTORS (Motion filed 6/7/18)
Re: 2016 BMW 5 Series Sedan
Docket 13
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Martin Conde Represented By David L Nelson
Joint Debtor(s):
Melinda Ann Conde Represented By
9:00 AM
Trustee(s):
David L Nelson
Lynda T. Bui (TR) Pro Se
9:00 AM
Herron & Associates - movant attorney Motion for Relief from Stay
Balboa Thrift & Loan vs. DEBTORS (Motion filed 6/5/18)
Re: 2014 Toyota Camry LE Sedan 4D
Docket 11
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jose Alberto Lopez Represented By Todd L Turoci
Joint Debtor(s):
Blanca Irma Lopez Represented By Todd L Turoci
9:00 AM
Movant(s):
Balboa Thrift & Loan Represented By Keith E Herron
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg. on Chapter 7 Trustee's Motion filed 6/12/18 Objecting to Debtor's Claimed Homestead Exemption
Docket 29
Grant the motion and limit homestead exemption to $100,000.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Juan Manuel Pesqueda Represented By Gary S Saunders
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
9:00 AM
CONT'D Motion for relief from stay [Real Property]
1200 North Homeowners Assocation vs. DEBTOR (Motion filed 5/14/18)
[RE: 1200 North Flores Street, Unit 214, West Hollywood, California 90069]
Docket 53
The Court will inquire into whether the parties have consensually resolved this matter.
Debtor(s):
Bette Mae Doremus Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Mechanics Bank vs. DEBTOR (Motion filed 5/17/18)
[RE: 2000 E. Oceanfront, Newport Beach, CA 92661]
FR: 6-11-18
Docket 7
The Court will continue the hearing to September 10, 2018 at 9:00 a.m. to permit the Trustee to evaluate results from the § 341(a) meeting and, at the Trustee’s election, to file a supplemental brief on or before August 20, 2018.
The automatic stay to remain in effect as to the subject property. COURT TO PREPARE ORDER.
Debtor(s):
Chester C Davenport Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
Hearing RE: Motion For Order Subordinating Claim No. 91-1 Of PR Liquidating Trust Pursuant To 11 U.S.C. Section 726 (a)(c)
(Motion filed 6/7/18)
Docket 802
Grant the motion and subordinate Claim 91-1 of the PR Liquidating Trust pursuant to 11 U.S.C. § 726(a)(3).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Private Asset Group, Inc Represented By
Matthew E Faler - SUSPENDED -
Trustee(s):
Peter J Mastan (TR) Represented By Thomas H Casey Steve Burnell
Lei Lei Wang Ekvall Autumn D Spaeth ESQ Kyra E Andrassy
2:00 PM
CONT'D Hearing RE: Motion For Order Disallowing And Reducing Claims Of Siemens Healthcare Diagnostics, Inc. And For Disgorgement Of Plan Distributions Pursuant To 11 U.S.C. Section 105:
(Motion filed 3/28/18)
Claim No. 9 Siemens Healthcare Diagnostics, Inc. $562,524.33
FR: 5-7-18; 6-4-18
Docket 527
- NONE LISTED -
Debtor(s):
Advanced Biomedical, Inc. Represented By Asa W Markel Dixon Gardner
Robert S Marticello Philip E Strok
Kyra E Andrassy
2:00 PM
Hearing RE: Motion For Order Compelling Turnover Of Real Property Of The Estate, Requiring Vacating Of Premises, And Allowing Trustee To Exercise All Legal Remedies To Obtain Possession
(Motion filed 6/14/18)
Docket 56
Grant the motion in its entirety, except that in numbered paragraph 5 on page 2 of the Notice of Motion and Motion, the Court will change “shall” to “may” in line 17.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Derek Lee Collins Represented By Michael W Collins
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
2:00 PM
Hearing RE: Motion For Disallowance Of Debtor's Claimed Homestead Exemption
(Motion filed 6/15/18)
Docket 60
Grant the motion and disallow the claim of exemption.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Derek Lee Collins Represented By Michael W Collins
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
2:00 PM
Hearing RE: Motion By Moshe Barkat And Modern VideoFilm Holdings, LLC For Entry Of Order Dismissing Debtor Modern Videofilm, Inc.'s Chapter 11 Case (Motion filed 6/15/18)
Docket 34
Debtor’s ex parte motion for leave to file a surreply is denied. Debtor’s request for judicial notice is granted. The requests of Movants (as defined below) for judicial notice are granted. The Court sustains Debtor’s limited evidentiary objection to Movants’ request for judicial notice and clarifies that where the Court takes judicial notice of a pleading or other document filed in a court or with any government entity, it is not taking judicial notice that the contents thereof are true, only that such pleading or other document was in fact filed in the designated court or government agency.
Chapter 11 debtor and debtor-in-possession Modern VideoFilm, Inc. ("Debtor") filed a voluntary chapter 11 petition on May 16, 2018. Interested parties Moshe Barkat and Modern VideoFilm Holdings, LLC ("Movants") move to dismiss Debtor’s chapter 11 case (the "Motion") on the ground that the petition was filed in bad faith as a forum shopping litigation tactic. Debtor opposes the Motion. Medley Capital Corporation and CA-Colorado Center, LLC, creditors in the case, join in Debtor’s opposition.
Creditors Mark Smirnoff, Marvin Hall, Frank Bluestein, Preco, Inc., Pacific Radio, Betsy Ceder, Deborah Lloyd, Greg Garvin, Lidia Shaddow, Sun Label, and Custom Creations by Jonathan Flintoff, Inc. join in the Motion.
Movants and Debtor agree that Debtor in the past had been engaged in the post- production film and TV business, that major creditor Medley Capital Corporation and/or various affiliated entities (or lenders for whom Medley Capital Corporation acts as agent) (collectively, "Medley") took out a previous lender and loaned Debtor
2:00 PM
$50 million in 2012, that the business ultimately failed in approximately the
2013-2015 time period, and that Medley foreclosed on and/or sold substantially all of Debtor’s assets, leaving Debtor a shell entity in the sense that it no longer possessed any operating assets after July 2015. Beyond this, there appears to be little or no agreement between Movants and Debtor as to salient prepetition facts, and each side offers a strikingly different narrative as to the reasons why Debtor’s post-production film and TV business ultimately collapsed.
Movants argue that Medley injected itself into negotiations between Debtor and Technicolor with respect to the formation of a joint venture and ultimately caused those negotiations to fail by making an unreasonable demand for a 70 percent share of Debtor’s equity. Medley then took control of Debtor, terminated Mr. Barkat, caused an exodus of employees and clients and generally ran the Debtor into the ground.
Debtor’s narrative is that Debtor was consistently an underperformer in the postproduction film and TV business during the entire period from 1998 to 2011, reaping significant gross revenue growth but failing to translate that growth into bottom line profit (with millions of dollars in net losses for every year except two years in that period). According to Debtor, its failure to thrive was the result of (1) Mr. Barkat’s managerial incompetence, and (2) his looting of the Debtor – large reimbursements of personal, nonbusiness expenses, payments by the Debtor to Mr. Barkat’s ex-wife, daughters, nanny, gardener and housekeeper, loans to Mr. Barkat which he had no intention to repay, etc.
Debtor asserts that its purpose for filing chapter 11 is to recover millions of dollars that Mr. Barkat and his family allegedly stole from the Debtor, to use the automatic stay to prevent Mr. Barkat from continuing to loot the Debtor and to distribute the amounts so recovered to creditors holding allowed claims under a liquidating plan of reorganization.
Of particular note is a lawsuit initiated by Mr. Barkat and his allies against Medley in Los Angeles County Superior Court (the "State Court Action"). The State Court Action alleges that Medley’s wrongful conduct destroyed the Debtor’s business and
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includes causes of action for breach of fiduciary duty, unfair competition and breach of the covenant of good faith and fair dealing. $150 million (or more) in damages are sought. Trial was to commence in the State Court Action on June 12, 2018.
Movant’s pleadings appear to refer only to one lawsuit, the State Court Action, and mention the "ManagEase Settlement" and the "Deloitte Settlement" in connection therewith. Debtor’s pleadings refer to two lawsuits, each in Los Angeles County Superior Court, one commenced May 29, 2015 and the second commenced August 29, 2016. According to Debtor, the "Deloitte Settlement" occurred in the first lawsuit and the "ManagEase Settlement" in the second lawsuit. Debtor alleges that Movants are, in the second lawsuit, attempting to usurp Debtor’s rights against various parties through the mechanism of a shareholder’s derivative action. Debtor argues that one of the purposes of its chapter 11 filing is to regain control of these causes of action for the benefit of its creditors.
In their argument that this case should be dismissed Movants emphasize that Debtor’s chapter 11 filing is a bad faith last-ditch effort to avoid a state court trial of the State Court Action. They note that Debtor filed its chapter 11 petition within three hours of the time that the Court of Appeal denied an emergency appeal by Medley in connection with a failed summary judgment motion.
Lack of good faith in the filing of a chapter 11 petition establishes cause for dismissal. Marsch v. Marsch (In re Marsch), 36 F.3d 825, 828 (9th Cir. 1994). On the other hand, dismissal of a bankruptcy case for bad faith filing should be done only with great caution and upon supportable findings. Carolin Corp. v. Miller, 886 F.2d 693, 694 (4th Cir. 1989).
In this Court’s view, Carolin Corp.’s requirement of "supportable findings" is the key consideration with respect to the Motion. At this very early stage of the case the Court cannot determine which of the Movants’ and Debtor’s version of the underlying facts (and their possible legal consequences) is true and which is false. Generally speaking, Debtor’s version is more heavily supported by declarations than Movant’s version, which relies much more heavily on judicial notice. However, as noted above,
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when the Court takes judicial notice of pleadings filed in other courts as requested by Movants, it is not as a general rule taking judicial notice that statements and allegations made in such pleadings are true, only that such pleadings have in fact been filed.
Movants have not affirmatively shown that Debtor’s version of the facts is false, only that Movants have their own version that radically conflicts with Debtor’s version.
Debtor correctly points out that a company is entitled to the protections and benefits of chapter 11 for the purpose of reorganizing its financial affairs even though it no longer owns operating assets (as distinguished from arguably valuable causes of action). In re Marshall, 300 B.R. 507, 522 (Bankr. C.D. Cal. 2003), aff’d, 403 B.R.
668 (C.D. Cal. 2009), aff’d, 721 F.3d 1032 (9th Cir. 2013).
If Debtor’s version of the facts is true (a statement that remains hypothetical at this stage of the case), Debtor would appear to have viable causes of action which, if successfully prosecuted, would yield a recovery that can be used to pay creditors. This would seem to the Court to be a good faith reason for commencing a bankruptcy proceeding.
The teaching of Marsch, supra, is that "bankruptcy courts must consider both frivolousness and improper purpose on a sliding scale, where the more compelling the showing as to one element, the less decisive need be the showing as to the other." 36 F.3d at 830 (italics in the original). As discussed above, Movants have not shown frivolousness – Debtor has made a cogent argument, unrefuted as of this point in time, that Debtor needs to be in a bankruptcy proceeding so that it can bring Bankruptcy Code-based causes of action against Movants. Although an inference can be drawn from the timing of the filing of the bankruptcy petition that Debtor is trying to avoid a trial in state court and this standing alone would be an improper purpose, Debtor’s prima facie showing of a lack of frivolousness overcomes the improper purpose element under Marsch.
Based upon the foregoing, there is no need for the Court to address Debtor’s other arguments against dismissal, including the argument that Movants lack standing to
2:00 PM
bring the Motion.
The Motion is denied.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin
2:00 PM
Hearing RE: Motion For Order To Show Cause Pursuant To Local Bankruptcy Rule 9020-1 Why The Baeks Should Not Be Held In Contempt For Willfully Violating The Automatic Stay And Court Order And Sanctioned Pursuant To 11
U.S.C. Section 105 (Motion filed 5/29/18)
(Set per Order Entered 6-4-18)
Docket 282
- NONE LISTED -
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
SANTANDER CONSUMER USA Inc. vs. Debtor
(Motion filed 5/15/18)
Re: 2011 Kia Optima, VIN KNAGN4A74B5055895
(Cont. from 6/12/18)
Docket 13
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Kimberly Nicole Dent Pro Se
Movant(s):
9:00 AM
Santander Consumer USA Inc. Represented By Sheryl K Ith
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
Wells Fargo Bank, N.A. vs. DEBTOR (Motion filed 6/1/18)
(Cont. from 6/26/18)
RE: 43019 Camino Caruna, Temecula, CA 92592
Docket 14
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
Box 12. Upon entry of the order, for purposes of Cal. Civ. Code § 2923.5, the Debtor is a borrower as defined in Cal. Civ.Code § 2920.5(c)(2)(C).
9:00 AM
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Anna Varela Represented By
Brian J Soo-Hoo
Movant(s):
Wells Fargo Bank, N.A. Represented By Nancy L Lee
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Tiffany & Bosco P.A. - movant attorney Motion for Relief from Stay
U.S. Bank NA vs. DEBTOR (Motion filed 6/13/18)
Re: 13952 Clydesdale Run Lane, Victorville, CA 92394
Docket 8
The Court will inquire into the status of the Deferred Principal Balance reductions described in Section 3(c) of the Home Affordable Modification Agreement. These reductions may have occurred on November 1 of 2012, 2013 and 2014. If they occurred, the loan’s principal balance would be well below the $320,706.60 balance shown in the Declaration filed in support of the Motion.
Debtor(s):
Kelly Williams Pro Se
Movant(s):
U.S. Bank NA, successor trustee to Represented By
Robert P Zahradka
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Hrg. on Chapter 7 Trustee's Motion filed 6/18/18 for entry of order authorizing payment of post-petition payroll taxes of the estate
Docket 548
The Court will not permit the use of estate funds to pay the payroll taxes and interest at issue here unless and until it is determined that the Trustee was not responsible for the failure to timely pay the IRS. The Court therefore opens this matter to discovery pursuant to FRBP 9014. Discovery shall close on September 30, 2018. Discovery motions shall be heard before October 31, 2018. The Court sets a further status conference regarding this motion for November 19, 2018 at 2:00 p.m. All rights are reserved to Quest Diagnostics to advocate for its adequate protection rights irrespective of the outcome of any inquiry by the Court as to where responsibility lies for the failure to timely pay payroll taxes.
COURT TO PREPARE ORDER.
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan Joseph N Darweesh
Trustee(s):
Todd A. Frealy (TR) Represented By Eve H Karasik Jeffrey S Kwong Juliet Y Oh Carmela Pagay
2:00 PM
Hrg on Motion By Debtor To Dismiss Chapter 11 Case (Cont. from 5/29/18)
Docket 154
The Court will approve for entry an order dismissing this case. The Court’s order will not address the issue of the amount of unpaid fees to the UST.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
WHAA LLC Represented By
M Jonathan Hayes
2:00 PM
Hrg. on approval trustee's final report and applications for compensation
Docket 0
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$1,022.50 and expenses in the amount of $46.68.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Randall Miller Represented By Natalie A Alvarado
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
Hrg. on Motion filed 6/13/18 to Extend Periods Within Which Debtor has the Exclusive Right to Propose a Chapter 11 Plan and to Solicit Acceptances Thereto
Docket 131
Debtor has continued to demonstrate that he is moving the case along at an acceptable pace and in good faith. The Debtor is paying his debts as they become due. A number of unresolved contingencies exist, even by HLI’s estimation.
Grant the motion and extend plan exclusivity to September 11, 2018 and exclusivity with respect to plan acceptance solicitation to November 29, 2018.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
Hrg. on Motion filed 6/13/18 For Order Compelling Attorney To File Disclosure Of Compensation Pursuant To 11 U.S.C. § 329 And Federal Rule Of Bankruptcy Procedure 2016
Docket 14
Grant the motion. Marc Grossman is ordered to file a Statement of Attorney Compensation on or before August 10, 2018. The Court retains jurisdiction relating to section 329 and matters directly or indirectly raised by this Motion.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Donald Manuel Candler Represented By Marc E Grossman
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
Adv#: 8:16-01147 Vohne Liche Kennels, Inc. et al v. Murphy et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Nondischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2)(A), And (a)(6) And 727(a)(3), (a)(4), (a)(5) And (a)(7)
Complaint filed 6/7/16)
(S/C set per Order Entered 6-23-17 - Docket No. [39]) FR: 8-24-16; 2-13-17; 9-20-17, 12-6-17
Docket 1
The Court will continue the status conference to December 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
William John Murphy Represented By
D Edward Hays
Defendant(s):
Cheryl Lynn Murphy Represented By
D Edward Hays
William John Murphy Represented By
D Edward Hays
Joint Debtor(s):
Cheryl Lynn Murphy Represented By
D Edward Hays
9:00 AM
Plaintiff(s):
VLK Risk Consultants, Inc. Represented By Ashleigh A Danker Neal Salisian
Vohne Liche Kennels, Inc. Represented By Neal Salisian
Ashleigh A Danker
Trustee(s):
Jeffrey I Golden (TR) Represented By Jason Balitzer
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 5/11/17)
(Case Converted To Chapter 11 on 7/24/17) FR: 9-27-17; 10-18-17; 1-17-18; 5-9-18
Docket 0
Continue the status conference to October 17, 2018 at 9:00 a.m. with an updated status report due October 10, 2018.
COURT TO PREPARE ORDER.
Debtor(s):
Josefina Cendejas Represented By Andrew S Bisom
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 5/11/17)
(Case Converted To Chapter 11 on 7/24/17) FR: 9-27-17; 10-18-17; 1-17-18; 5-9-18
Docket 0
Continue the status conference to October 17, 2018 at 9:00 a.m. with an updated status report due October 10, 2018.
COURT TO PREPARE ORDER.
Debtor(s):
Gina Estrella Represented By
Andrew S Bisom
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 1/3/18)
FR: 3-7-18
Docket 1
The Court will inquire into (1) compliance with United States Trustee guidelines and requirements and (2) Debtors’ expectations re filing a plan and disclosure statement by the September 30, 2018 deadline.
Next status conference: October 24, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Fred Asafu-Adjaye Represented By Kevin Tang
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Kevin Tang
9:00 AM
Adv#: 8:18-01069 Marshack v. Biden
Hearing RE: Motion To Dismiss Complaint (FRCP 12(b)(6))
(Motion filed 5/11/18)
Docket 5
The complaint of chapter 7 trustee Richard Marshack (the "Trustee") alleges that debtor Phillip B. Greer ("Debtor") transferred real property located at 19 Bridgeport, Newport Coast, California 92657 (the "Property") to his spouse, Arlene C. Greer ("Defendant"), by quitclaim deed on October 14, 2005. The Trustee seeks to avoid the transfer of the Property pursuant to his strong arm powers under 11 U.S.C. § 544(b) and to recover the Property for the benefit of the bankruptcy estate. The Trustee takes the position that an actual unsecured creditor of the estate – the Internal Revenue Service – has the power to avoid the transfer of the Property (notwithstanding that the transfer took place over 12 years ago) and that therefore the Trustee succeeds to this power under section 544(b).
Debtor moves to dismiss the complaint primarily on statute of limitations grounds, arguing that the applicable California fraudulent transfer law on which the Trustee would necessarily rely has an absolute time deadline of seven years from the date of an alleged fraudulent conveyance. In response, the Trustee cites Hillen v. City of Many Trees, LLC (In re CVAH, Inc.), 570 B.R. 816, 832-834 (Bankr. D. Idaho 2017) for the proposition that the IRS’s right to assert sovereign immunity makes the California statutes of limitation on fraudulent conveyance actions irrelevant, that the applicable statute is the 10 year statute on collection by the IRS, and that the 2005 transfer is within this statute. The Trustee leaves vague the details on why even the 10
9:00 AM
year statute has not expired.
To be sure, the IRS has filed two proofs of claim asserting claims for very old tax years, dating all the way back to 2002. Claim 1-1 of the IRS asserts an unsecured claim for $356,333.26 and references ten tax liens recorded between April 16, 2008 and December 29, 2017 against "Phillip B & Arlene Greer" or "Phillip B & Arlene C Greer." Claim 5-1 of the IRS asserts a secured claim of $564,596.17 and an unsecured claim of $28,244.27 and refers to allegedly unpaid taxes assessed in 2009 or later for tax periods ranging from 2002 to 2016.
Based upon the references to both Phillip Greer and Arlene Greer in Claim 1-1 with respect to filed notices of federal tax lien, an inference is raised that Debtor and Defendant filed joint tax returns for certain tax years between 2002 and 2016, and that the IRS has asserted tax liens against both spouses, not merely against Debtor.
Generally speaking, a federal tax lien encumbers all of a taxpayer’s property, including but not limited to real property. It would seem, then, that the IRS has a perfected tax lien as against the Property (by virtue of Defendant’s ownership thereof and by virtue of the perfected tax liens filed as far back as 2009).
It is hornbook bankruptcy law that the IRS cannot step into the shoes of a creditor to recover real property for the benefit of the bankruptcy estate if such creditor has a perfected lien against such property. See, e.g. ,Girard v. Michener (In re Michener), 217 B.R. 263 (Bankr. D. Minn. 1998); Giffin v. Edwards, 708 N.E.2d 876 (Ind. 1999) (and bankruptcy court cases cited therein).
The Court believes it would be beneficial for the parties to address this issue before the Court proceeds further with respect to the Defendant’s motion to dismiss. If appropriate, the Court will treat the continued hearing on the motion to dismiss as a motion for summary judgment pursuant to Federal Rule of Civil Procedure 12(d), incorporated by reference by Federal Rule of Bankruptcy Procedure 7012.
The Court continues this hearing to November 14, 2018 at 9:00 a.m. Ms. Biden’s opening brief is due August 27, 2018, the Trustee’s opposition is due September 24, 2018 and Ms. Biden’s reply is due October 22, 2018.
9:00 AM
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Arlene C Biden Represented By Phillip Greer
Plaintiff(s):
Richard A Marshack Represented By Ryan D ODea
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D ODea
9:00 AM
Adv#: 8:18-01069 Marshack v. Biden
STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint For:
Avoidance And Recovery Of Fraudulent Transfer;
Constructive Trust;
Declaratory Relief;
Turnover Of Estate Property; And
Authorization To Sell Entirety Of Real Property
Regarding Real Property Located At 19 Bridgeport Road, Newport Coast,
California
(Complaint filed 4/16/18)
Docket 1
Continue the status conference to January 23, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Arlene C Biden Pro Se
Plaintiff(s):
Richard A Marshack Represented By Ryan D ODea
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 3/18/18)
FR: 5-30-18
Docket 0
Continue to July 23, 2018 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
Trinity Han Represented By
Michael R Totaro
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Alaska USA Federal Credit Union
(Motion filed 6/8/18)
[RE: 2013 Toyota Corolla - Amount: $8,047.47] [VIN No.: 5YFBU4EE8DP176086]
Docket 9
The reaffirmation agreement is approved if the vehicle is insured, the loan is current and Debtor is comfortable with a re-affirmation.
COURT TO PREPARE ORDER.
Debtor(s):
Thuan Carl Manuel Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 6-6-18
Docket 28
- NONE LISTED -
Debtor(s):
Eddie Evans Light Represented By Michael Jones
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 6-6-18
Docket 15
- NONE LISTED -
Debtor(s):
Gerald Bennet Villaverde Represented By Christopher J Langley
Joint Debtor(s):
Melinda Emma Sutika Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 17
- NONE LISTED -
Debtor(s):
Robert Henry August Represented By Charles Martin
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 3
- NONE LISTED -
Debtor(s):
Danny Garza Represented By
Anerio V Altman
Joint Debtor(s):
Roxanne Garza Represented By Anerio V Altman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 13
- NONE LISTED -
Debtor(s):
Gary Alan Powers Represented By Timothy McFarlin
Joint Debtor(s):
Ana Maria Powers Represented By Timothy McFarlin
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 13
- NONE LISTED -
Debtor(s):
Peggy McWilliams Lawson Represented By Douglas L Weeks
Joint Debtor(s):
George Morris Lawson Represented By Douglas L Weeks
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
James Landon Buckle Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Christine K Roberts Represented By Bruce D White
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Julie D Bentley Represented By Bryn C Deb
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 13
- NONE LISTED -
Debtor(s):
Elizabeth Martin Represented By Amanda G Billyard
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
(Order Vacating Dismissal Entered 4-30-18 - Docket No. [17]) [Confirmation Hearing reset 4-30-18 - Docket No. [19]
Docket 0
- NONE LISTED -
Debtor(s):
David Ken Toyota Represented By Edward T Weber
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Jason M Sable Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Joseph Tyler Mackay Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Ana Elsa Choy Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
James Landon Buckle Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Complete The Plan Within Its Terms
[11 U.S.C. 1307(c)]
(Motion filed 5/10/18)
(Set per Opposition filed 5/29/18)
Docket 103
Grant the motion and dismiss the case.
CLERK'S OFFICE TO ISSUE ORDER.
Debtor(s):
Raul Andrade Romana Represented By Sundee M Teeple Craig K Streed
Michelle A Marchisotto Michael Smith
Joint Debtor(s):
Lorence Martin Romana Represented By Sundee M Teeple Craig K Streed
Michelle A Marchisotto Michael Smith
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: United States Trustee's Motion For Escrow Account Reconciliation Statement Including Waiver Or Unnoticed Escrow Charges Or Refund Of Escrow Surplus In Response To Nationstar Mortgage LLC's Notices Of Mortgage Payment Change
(Motion filed 4/2/18) FR: 5-9-18; 6-6-18
Docket 62
- NONE LISTED -
Debtor(s):
Shirley Ernest Represented By Tyson Takeuchi Scott Kosner
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 1/25/18)
FR: 3-7-18; 4-11-18; 5-9-18
Docket 45
Grant the motion and dismiss the case.
CLERK'S OFFICE TO ISSUE ORDER.
Debtor(s):
Jesus Melendez Represented By Rebecca Tomilowitz
Movant(s):
Amrane (SA) Cohen (TR) Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 6/6/18)
(Set per Opposition filed 6/16/18)
Docket 42
The Court will set the hearing on the motion to modify the plan for August 8, 2018 at 3:00 p.m. and will continue the hearing on this motion to that date.
COURT TO PREPARE ORDER.
Debtor(s):
Donna L. Anderson Represented By Steven B Lever
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 5/2/18) (Notice of hearing filed 6/11/18)
Docket 105
Grant the motion and dismiss the case. CLERK'S OFFICE TO ISSUE ORDER.
Debtor(s):
Brenda Carol Kittle Represented By Anerio V Altman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Debtor's Objection To The Claim:
(Objection filed 5/6/18)
Claim No. 4 LVNV Funding, LLC Its Successors And Assigns $7,439.04 As Asignee Of FIA Card Services, N.A. And
Subsequent Transferees
Docket 41
Grant the motion and disallow Claim No. 4 in its entirety.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Maria Vargas Represented By
Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 3/1/18) (Set per Opposition filed 3/15/18) (Notice of Hearing filed 3/15/18)
FR: 4-11-18; 6-6-18
Docket 39
Grant the motion and dismiss the case.
CLERK'S OFFICE TO ISSUE ORDER.
Debtor(s):
Peter M Shotts Represented By Elena Steers
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion Under LBR 3015-(n) And (W) To Modify Plan Or Suspend Plan Payments
(Motion filed 5/31/18)
(Set per Order Entered 6/11/18)
Docket 49
Deny the motion. The Court finds the absence of plan payments beyond month 3 and continuing until the Chapter 13 Trustee filed his motion to dismiss very troubling and indicative of a lack of good faith and/or gaming the system.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Peter M Shotts Represented By Elena Steers
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 4/3/18) (Set Per Opposition filed 4/11/18)
Docket 32
Grant the motion and dismiss the case.
CLERK'S OFFICE TO ISSUE ORDER.
Debtor(s):
Daniel L. Kenton Represented By Joseph A Weber Fritz J Firman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 6/6/18) (Set per Opposition filed 6/11/18) (Notice of Hearing filed 6/11/18)
Docket 41
Grant the motion and dismiss the case.
CLERK'S OFFICE TO ISSUE ORDER.`
Debtor(s):
Nilanj Dinesh Pandya Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Kavita Pandya Represented By Michael Jones Sara Tidd
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 1/2/18) (Opposition filed 1/11/18) FR: 4-11-18; 5-9-18
Docket 88
Grant the motion and dismiss the case.
CLERK'S OFFICE TO ISSUE ORDER.
Debtor(s):
Jann Kempton Represented By David R Chase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion Under Local Bankruptcy Rule 3015-1 (n) And (w) To Modify Plan Or Suspend Plan Payments
(Motion filed 5/8/18) (Objection filed 5/21/18) (Notice of Hearing filed 5/18/18)
Docket 102
- NONE LISTED -
Debtor(s):
Jann Kempton Represented By David R Chase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 5/2/18) (Set Per Response filed 6/2/18)
Docket 96
- NONE LISTED -
Debtor(s):
Joseph U Rupp Sr. Represented By Sharona Zahabian
Joint Debtor(s):
Ann P Rupp Represented By
Sharona Zahabian
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Debtors' Objection To Claim:
Claim No. 3-1 Cheryl Hilton $7,000.00 (Motion filed 5/23/18)
Docket 26
- NONE LISTED -
Debtor(s):
Lorenzo R Manrique Represented By Scott Kosner
Joint Debtor(s):
Carmen Manrique Represented By Scott Kosner
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 6:18-01074 Pringle v. Perez
Hrg on Status Conference RE: Complaint by John Pringle against Alonso Perez. (11 (Recovery of money/property - 542 turnover of property)),(12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)
(Cont. from 6/14/18)
Docket 1
- NONE LISTED -
Debtor(s):
Ana Maria Perez Pro Se
Defendant(s):
Alonso Perez Pro Se
Plaintiff(s):
John Pringle Represented By
Toan B Chung
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
2:00 PM
Hrg on Motion filed 5/31/18 for approval of chapter 11 disclosure statement
Docket 90
Approve the disclosure statement and issue Scheduling Order:
The plan and disclosure statement shall be served on or before July 19, 2018.
Ballots and objections to the plan are due August 31, 2018.
Reply to an objection is due September 7, 2018.
Plan confirmation memorandum is due September 10, 2018.
Plan confirmation hearing is set for September 13, 2018 at 2:00 p.m.
COURT TO PREPARE ORDER.
Debtor(s):
Robert Kenneth Phelps Represented By Todd L Turoci Marc Rosenthal
Joint Debtor(s):
Sharon Lee Phelps Represented By Todd L Turoci
2:30 PM
Hrg. on approval of Reaffirmation Agreement filed 5/31/18 Between Debtor and Ally bank, in the amount of $12,425.00
Re: 2012 Honda Accord
Docket 8
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s) (high interest rate).
COURT TO PREPARE ORDER.
Debtor(s):
Nely Rodriguez Piadade Represented By Peter M Lively
Trustee(s):
Karl T Anderson (TR) Pro Se
2:30 PM
Hrg. on approval of Pro se Reaffirmation Agreement filed 6/7/18 Between Debtor and Exeter Finance LLC, in the amount of $15,836.52
Re: 2014 Toyota Corolla Sedan 4D L 14
Docket 12
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Jonathan Arge Hernandez Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
2:30 PM
Hrg. on approval of Reaffirmation Agreement filed 6/8/18 Between Debtor and Kia Motors Finance, in the amount of $7,264.22
RE: 2014 Kia Forte
Docket 14
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Cynthia R Furr Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
2:30 PM
Hrg. on approval of Reaffirmation Agreement filed 6/19/18 Between Debtor and Ford Motor Credit Company LLC, in the amount of $9,264.25
Re: 2013 Ford Focus
Docket 16
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Mauricio Alejandro Leiva Represented By Stephen H Darrow
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Adv#: 6:16-01167 Shin v. Altman
Trial on Complaint by Yun Hei Shin against Murray Altman. fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (March, Kathleen)
Trial will be held in United States Bankruptcy Court, Santa Ana Division in Ctrm 6C, located at 411 W. Fourth St, Santa Ana, CA 92701
Docket 1
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Defendant(s):
Murray Altman Represented By Andrew S Bisom Kathleen P March
Plaintiff(s):
Yun Hei Shin Represented By
Kathleen P March Andrew S Bisom
9:00 AM
Adv#: 6:16-01167 Shin v. Altman
CONT'D Trial on Complaint by Yun Hei Shin against Murray Altman. fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (March, Kathleen)
From: 7/16/18
Trial will be held in United States Bankruptcy Court, Santa Ana Division in Ctrm 6C, located at 411 W. Fourth St, Santa Ana, CA 92701
Docket 1
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Defendant(s):
Murray Altman Represented By Andrew S Bisom Kathleen P March
Plaintiff(s):
Yun Hei Shin Represented By
Kathleen P March Andrew S Bisom
9:00 AM
Adv#: 6:16-01167 Shin v. Altman
CONT'D Trial on Complaint by Yun Hei Shin against Murray Altman. fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (March, Kathleen)
From: 7/17/18
Trial will be held in United States Bankruptcy Court, Santa Ana Division in Ctrm 6C, located at 411 W. Fourth St, Santa Ana, CA 92701
Docket 1
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Defendant(s):
Murray Altman Represented By Andrew S Bisom Kathleen P March
Plaintiff(s):
Yun Hei Shin Represented By
Kathleen P March Andrew S Bisom
9:00 AM
Motion for relief from stay [Real Property]
Bank Of America, N.A. vs. DEBTOR (Motion filed 6/26/18)
[RE: 619 Delhi Place, Fullerton, CA 92833]
Docket 47
NONE LISTED -
Debtor(s):
Nicki Lynn Brewer Represented By Nicholas M Wajda
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Theresa M. Tew vs. DEBTOR (Motion filed 6/26/18)
[RE: Case Name: Theresa M. Tew v. Victor M. Sanchez, April Sanchez] [Docket Number: RIC1504473]
[Pending In: Riverside Superior Court, 4050 Main Street, Riverside, CA 92501]
Docket 61
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed in the non-bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. Movant shall not enforce its final judgment against the debtor or property of the estate, except by filing a proof of claim in this bankruptcy case pursuant to 11 U.S.C.
§ 501 and/or a complaint to determine the nondischargeability of the debt. The 14-day stay provided by Rule 4001(a)(3) is waived.
The Court makes no finding as to whether the petition was filed in bad faith.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Victor Manuel Sanchez Represented By Christopher J Langley
9:00 AM
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Seterus, Inc., As The Authorized Subservicer For Federal National Mortgage Association ("Fannie Mae"), Creditor, C/O Seterus, Inc. vs. DEBTOR (Motion filed 6/29/18)
[RE: 15816 Candlelight Drive, Whittier Area, California 90604]
Docket 38
NONE LISTED -
Debtor(s):
Jay Mandel Fontenot Represented By Krystina T Tran
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
Margie Hodson, Trustee Of The Hodson Family Trust vs. DEBTOR (Motion filed 6/29/18)
[RE: 23230 del Lago Drive, Laguna Hills, CA 92653]
Docket 19
The motion is granted pursuant to 11 U.S.C. § 362(d)(1). This motion has been filed to proceed with an unlawful detainer action. This action must go forward because the debtor's right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed.
The 14-day stay provided by Rule 4001(a)(3) is waived. Deny as to extraordinary relief.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael William Devine Represented By Christopher J Langley
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]
Vaselyos Petros Kapetanios vs. DEBTOR (Motion filed 4/12/18)
[RE: Case Name: Vaselyos Petros Kapetanios v. Goody's Cafe, et al.] [Docket Number: ADJ10338379]
[Pending In: Department Of Worker's Compensation Board, San Diego]
FR: 5-7-18; 6-4-18
Docket 15
The Court will inquire whether the Worker’s Comp. Board will accept liability for the underlying claim.
Debtor(s):
Wael Ali Represented By
Ricardo Nicol
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Mercedes-Benz Financial Services USA LLC vs. DEBTORS (Motion filed 6/27/18)
[RE: 2013 Mercedes-Benz GL550 - VIN No.: 4JGDF7DE2DA099740]
Docket 11
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
William Anthony Wilson Represented By Anthony B Vigil
Joint Debtor(s):
Rebecca Lisette Koval Represented By Anthony B Vigil
9:00 AM
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate (Motion filed 6/28/18)
[RE: 319 North Janss Street, Anaheim, CA 92805]
Docket 12
Grant the motion and continue the automatic stay.
DEBTORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Lorenzo R Manrique Represented By Scott Kosner
Joint Debtor(s):
Carmen Manrique Represented By Scott Kosner
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Compelling The Debtor To File Amended Schedules And Statement Of Financial Affairs By July 31, 2018; (2) Compelling The Debtor To Appear And Submit To Examination At The Meeting Of Creditors On August 7, 2018 At 1:00 p.m.; And (3) Compelling The Debtor To Provide The Trustee A Copy Of Its Last Filed Tax Return By July 31, 2018
(Motion filed 7/13/18)
Docket 37
Debtor(s):
Chester C Davenport Represented By Jing Wang
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy
2:00 PM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Status Of Chapter 11 Case; And (2) Requiring Report On Status Of Chapter 11 Case
(Petition filed 6/15/2014)
(Post-Confirmation S/C set per Order Entered 10-6-15 - Docket No. 739]
FR: 8-27-14; 11-19-14; 1-7-15; 1-14-15; 4-8-15; 6-24-15; 9-9-15; 12-16-15;
4-13-16; 10-19-16; 4-19-17; 9-13-17; 2-14-18; 6-13-18
Docket 1
- NONE LISTED -
Debtor(s):
Mega RV Corp., a California Represented By Robert P Goe Joel S. Miliband Arjun Sivakumar Alex L Benedict
Courtney E Norton Gregory E Robinson
2:00 PM
Hearing RE: Motion For Order: (1) Approving Liquidation Trustee's Final Report; (2) Approving Final Disbursements Of Estate Funds; (3) Discharging The Liquidation Trustee; (4) Terminating The Liquidation Trust; And (3) Entering A Final Decree Closing The Bankruptcy Case
(Motion filed 6/12/18)
Docket 883
- NONE LISTED -
Debtor(s):
Mega RV Corp., a California Represented By Robert P Goe Joel S. Miliband Arjun Sivakumar Alex L Benedict
Courtney E Norton Gregory E Robinson
2:00 PM
Hearing RE: Debtor's Motion To Convert Case Under 11 U.S.C. Sections 706(a) Or 1112(a)
(Motion filed 6/8/18)
Docket 27
- NONE LISTED -
Debtor(s):
Trinity Han Represented By
Michael R Totaro
2:00 PM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 3/18/18)
FR: 5-30-18, 7-11-18
Docket 0
- NONE LISTED -
Debtor(s):
Trinity Han Represented By
Michael R Totaro
2:00 PM
Hearing RE: Motion For Denial Of Discharge Pursuant To 11 U.S.C. Section 727(a)(8)
(Motion filed 6/19/18)
Docket 47
- NONE LISTED -
Debtor(s):
Marcos Perez Represented By Matthew D Resnik
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
9:00 AM
Adv#: 6:17-01158 Daff v. Jofemar USA, Inc.
STATUS CONFERENCE re: Complaint by Charles W Daff against Jofemar USA, Inc.. (Charge To Estate). Chapter 7 Trustees Complaint For: 1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. §§ 547; And 550; 2. Recovery Of Avoided Preferential Transfers Pursuant To 11 U.S.C. §§ 547 And 550 Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))
(Cont from 11/30/17)
Docket 1
Debtor(s):
AVT, Inc. Pro Se
Defendant(s):
Jofemar USA, Inc. Represented By Kyra E Andrassy
Plaintiff(s):
Charles W Daff Represented By Cathrine M Castaldi Samuel A Moniz
Trustee(s):
Charles W Daff (TR) Represented By Cathrine M Castaldi
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTORS (Motion filed 6/15/18)
RE: 2017 Ford Edge, VIN 2FMPK3K99HBB69011
Docket 10
Debtor(s):
Timothy Ramos Represented By Neil R Hedtke
Joint Debtor(s):
Shawna Ann Ramos Represented By Neil R Hedtke
Movant(s):
Ford Motor Credit Company LLC Represented By
Sheryl K Ith
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTORS (Motion filed 6/19/18)
RE: 2018 Ford Fusion, VIN 3FA6P0SU3JR136894
Docket 12
Debtor(s):
Timothy Ramos Represented By Neil R Hedtke
Joint Debtor(s):
Shawna Ann Ramos Represented By Neil R Hedtke
Movant(s):
Ford Motor Credit Company LLC Represented By
Sheryl K Ith
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 6/21/18)
RE: 2016 Toyota Corolla
Docket 9
Debtor(s):
Edson Naim Castellanos Represented By Steven A Alpert
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 6/21/18)
RE: 2017 Toyota Camry
Docket 11
Debtor(s):
Nabil Abbas Khan Pro Se
Joint Debtor(s):
Aysha Yousaf Khan Pro Se
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Hrg. on approval trustee's final report and applications for compensation
Docket 47
Debtor(s):
Prime Steaks and Spirits, Inc. Represented By Todd L Turoci
Misty A Perry Isaacson
Trustee(s):
Arturo Cisneros (TR) Represented By
Misty A Perry Isaacson
2:00 PM
Hrg re. Debtors' Motion re: objection to claim no 25 filed by Claimant Environmental Chemical & Consulting, Inc
Docket 92
Debtor(s):
Deontay Daymont Potter Represented By
M Jonathan Hayes
Joint Debtor(s):
Joy Shaun Potter Represented By
M Jonathan Hayes
Movant(s):
Deontay Daymont Potter Represented By
M Jonathan Hayes
Joy Shaun Potter Represented By
M Jonathan Hayes
9:00 AM
Hrg. on Chapter 11 Status Conference (cont. from 4/12/18)
Docket 0
- NONE LISTED -
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Adv#: 6:17-01158 Daff v. Jofemar USA, Inc.
STATUS CONFERENCE re: Complaint by Charles W Daff against Jofemar USA, Inc.. (Charge To Estate). Chapter 7 Trustees Complaint For: 1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. §§ 547; And 550; 2. Recovery Of Avoided Preferential Transfers Pursuant To 11 U.S.C. §§ 547 And 550 Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))
(Cont from 11/30/17)
Docket 1
- NONE LISTED -
Debtor(s):
AVT, Inc. Pro Se
Defendant(s):
Jofemar USA, Inc. Represented By Kyra E Andrassy
Plaintiff(s):
Charles W Daff Represented By Cathrine M Castaldi
Trustee(s):
Charles W Daff (TR) Represented By Cathrine M Castaldi
9:00 AM
CONT'D POST-EFFECTIVE STATUS CONFERENCE Hearing RE: (1) Status
Of Chapter 11 Case; And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/1/14)
12-10-14; 1-21-15; 3-4-15; 6-17-15; 9-16-15; 12-2-15; 1-27-16; 4-6-16; 5-4-16;
8-17-16; 12-7-16; 1-11-17; 3-8-17; 4-19-17; 5-31-17; 10-16-17; 3-28-18
Docket 0
Next status conference: January 16, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Advanced Biomedical, Inc. Represented By Asa W Markel Dixon Gardner
Robert S Marticello Philip E Strok
9:00 AM
Adv#: 8:17-01120 Kosmala v. Hoosten et al
CONT'D STATUS CONFERENCE RE: Complaint:
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 548(a)(1)(B) And 550;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 548(a)(1)(B) And 550;
For Breach Of Contract;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 548(a)(1)(B) And 550;
To Avoid And Recover Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550;
For Resulting Trust;
For Constructive Trust;
To Preserve Transfers For The Benefit Of The Estate Pursuant To 11
U.S.C. Section 551; And
For Attorneys' Fees And Costs (set per order entered 3-2-18)
FR: 4-25-18
Docket 1
- NONE LISTED -
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
9:00 AM
Defendant(s):
David Hoosten Pro Se
PCC Fund 1, LLC Pro Se
Rod Van Zandt Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Reem J Bello
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:17-01051 Diamond Enterprises, LTD., LP v. Younessi
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Determination That Debt Is Non-Dischargeable Pursuant To 11 U.S.C. Sections 523(a)(2), (a) (4), (a)(6), And (a)(9)
(Complaint filed 4/10/17)
(Another Summons issued 6/8/17) (PTC set at S/C held 9/13/17)
FR: 6-28-17; 8-30-17; 9-13-17; 3-28-18; 4-25-18
Docket 1
Continue the pretrial conference to October 24, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
Defendant(s):
Michael Younessi Represented By
Roger Frederickson
Plaintiff(s):
Diamond Enterprises, LTD., LP Represented By
M Douglas Flahaut
9:00 AM
Adv#: 8:18-01078 Heritage Law LLP v. Isaly
STATUS CONFERENCE Hearing RE: Amended Complaint For Determination Of Dischargeability And Objecting To Debtor's Discharge Pursuant To Sections 523 And 727 Of The Bankruptcy Code
(Complaint filed 5/3/18)
(Amended Complaint filed 6/18/18)
Docket 1
The Court will sanction plaintiff’s counsel $250.00 for its failure to file a status report and will issue a scheduling order as follows:
All discovery shall close on November 30, 2018.
All discovery motions shall be heard before December 31, 2018.
All pretrial motions (except motions in limine) shall be heard before January 31, 2019.
Pretrial conference is set for February 13, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Alexander Mark Christian Isaly Represented By Anthony B Vigil
Defendant(s):
Alexander Mark Christian Isaly Pro Se
9:00 AM
Joint Debtor(s):
Michele Leann Isaly Represented By Anthony B Vigil
Plaintiff(s):
Heritage Law LLP Represented By Erik E Woodbury
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:18-01003 Kosmala v. Infinity Builders, Inc. et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance Of Fraudulent Transfers (11 U.S.C. Section 548, And/Or Section 544) And/Or Preferential Transfers (11 U.S.C. Section 547)
(Complaint filed 1/5/18)
(Another Summons issued 3/8/18) FR: 3-8-18; 5-30-18
Docket 1
NONE LISTED -
Debtor(s):
C & W Murphy and Associates, Inc. Represented By
D Edward Hays
Defendant(s):
Infinity Builders, Inc. Pro Se
Ashley N. Belthius Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Erin P Moriarty
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
9:00 AM
Adv#: 8:18-01004 Kosmala v. First Farmers Bank & Truste Co. et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Declaratory Relief; Avoidance Of Lien (11 U.S.C. Section 544, And/Or Section 548); Accounting; And Objection To Claim (11 U.S.C. Section 502)
(Complaint filed 1/5/18)
(Another Summons issued 5/8/18) FR: 5=30-18
Docket 1
NONE LISTED -
Debtor(s):
C & W Murphy and Associates, Inc. Represented By
D Edward Hays
Defendant(s):
First Farmers Bank & Truste Co. Pro Se
Vohne Liche Kennels, Inc. Pro Se
VLK Risk Consultants, Inc. Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Erin P Moriarty
9:00 AM
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
9:00 AM
Adv#: 8:18-01075 Street v. Greer et al
Hearing RE: Motion To Dismiss Complaint (FRCP 12(b)(6))
Docket 6
Deny. The complaint states claims upon which relief can be granted and provides sufficient detail as to satisfy Twombly and Iqbal.
CREDITOR STREET TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Phillip Barry Greer Pro Se
Arlene C. Greer Represented By Phillip Greer
Plaintiff(s):
Chriss W. Street Represented By Timothy C Aires
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D ODea
9:00 AM
Adv#: 8:18-01075 Street v. Greer et al
STATUS CONFERENCE Hearing RE: First Amended Complaint For:
Determination Of Non-Dischargeability Of Debt;
Determination Of Non-Dischargeability Of Debt;
Determination Of Non-Dischargeability Of Debt;
Declaratory Relief RE: Determination Of Validity, Priority Or Extent Of Interest In Real Property and Personal Property
(Complaint filed 4/26/18) (First Amended Complaint filed 5/30/18)
Docket 1
- NONE LISTED -
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Phillip Barry Greer Pro Se
Arlene C. Greer Pro Se
Plaintiff(s):
Chriss W. Street Represented By Timothy C Aires
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr
9:00 AM
Adv#: 8:18-01084 Modern VideoFilm, Inc. v. Barkat et al
Hearing RE: Motion For Summary Judgment, Partial Adjudication Of Facts And Issues Of Law; Injunctive Relief
(Motion filed 6/8/18)
Docket 10
Debtor’s Evidentiary Objection to Defendants’ Separately Bound Appendix of Evidence and Declaration of Christopher D. Beatty is overruled. The Court has considered such evidence to the extent it regards such evidence as relevant and not considered it to the extent it regards it as irrelevant. With respect to judicial notice of pleadings filed in state court and this Court, as explained at a previous hearing, if in a pleading a party alleges x, the Court regards it as established that such party has alleged x, but not that x is true. When the Court takes judicial notice of a state court order, it is established that the state court made the findings of fact and conclusions of law set forth in such order.
The Court grants the requests for judicial notice made by Plaintiff and Defendants.
Modern VideoFilm, Inc., a Delaware corporation ("Plaintiff"), filed a First Amended Complaint (the "MVF Complaint") against Moshe Barkat ("Mr. Barkat"), Modern VideoFilm, Inc. Holdings, LLC ("Holdings") and other parties on June 5, 2018 (Docket No. 7), commencing this adversary proceeding (Adversary No. 8:18-
ap-01084-MW) associated with Plaintiff’s chapter 11 bankruptcy case (Case No. 8:18- bk-11792-MW). Plaintiff now moves for summary judgment, partial adjudication of facts and issues of law and injunctive relief (the "SJ Motion") against defendants named in the 9th through 15th and 25th causes of action, including Mr. Barkat and Holdings. Mr. Barkat and Holdings oppose the SJ Motion and urge the Court to deny
9:00 AM
it.
The MVF Complaint alleges that Mr. Barkat founded Plaintiff in 1979 and served as its president, CEO and chairman of the board of directors until his removal in 2014. Plaintiff was engaged in the business of providing postproduction and distribution services in the motion picture and TV industries until a foreclosure sale stripped Plaintiff of all or substantially all its operating assets in 2015.
The MVF Complaint further alleges that Plaintiff went into default on a loan of approximately $80 million from GE Capital Corporation ("GE") in 2010 and that Medley Capital Corporation and its affiliates ("Medley") acquired this loan in 2012 by paying GE approximately $50 million in 2012 (post-acquisition, the "Medley Loan"). Plaintiff contends that the Medley Loan went into default, leading Medley to exercise its right to vote Plaintiff’s shares (circa July 2014) and install new management and independent consulting firms. One of the consulting firms so retained was Managease, Inc. ("Managease") who assisted with human resource-related matters.
Initially, Mr. Barkat was retained as a consultant despite being stripped of his various corporate offices and directorship. This arrangement appears to have come to an end in September 2014 or thereabouts. In 2015 Plaintiff’s business ended after Medley foreclosed on Plaintiff’s operating assets. Unsurprisingly, Plaintiff and Mr. Barkat offer strikingly different narratives on why Plaintiff’s business failed. Mr. Barkat argues that Medley blew up a critically-important transaction with Technicolor, caused key personnel to be fired and essentially ran the business into the ground.
Plaintiff contends that its business failed because of Mr. Barkat’s mismanagement and serial looting of the company.
Mr. Barkat and Holdings filed a complaint in California Superior Court (the "First Action") against Medley, Plaintiff and others (but not initially Managease, who was "Doe’d in" later) on or about May 29, 2015, alleging various causes of actions. On January 29, 2016, Mr. Barkat and Holdings filed a Second Amended Complaint in the
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First Action against such parties, alleging breach of Mr. Barkat’s employment contract, intentional interference therewith, defamation, and breach of duties allegedly owed by the Deloitte accounting firm and Messrs. Avila and Sweet to Mr. Barkat (duties that Plaintiff vigorously contends were owed to Plaintiff, not to Mr. Barkat).
Of especial note is the First Action’s eighth cause of action for defamation, which is stated against "All Defendants," and alleges that defendants "conspired with and aided and abetted each other, and acted as agents of each other, in making knowingly false, nonprivileged statements of fact, both written and oral, that had a tendency to injure Barkat in his occupation", for which Mr. Barkat – not Holdings – sought damages in excess of $10 million.
On January 30, 2017, Holdings filed a First Amended Complaint (the "Second Action") against Medley, Managease, Christina Woodward (a principal of Managease, "Ms. Woodward") and others in California Superior Court. Holdings brought the Second Action derivatively on behalf of Plaintiff, and the caption and First Amended Complaint specifically so state. The First Amended Complaint in the Second Action alleges that Mr. Barkat’s termination from Plaintiff was facilitated by, among others, Managease and that this termination "proved disastrous for [Plaintiff]." In numbered paragraph 11 of the First Amended Complaint, Holdings alleged as follows: "Holdings brings this derivative lawsuit because Medley has total control of [Plaintiff] and will never seek to redress the wrongs committed by Defendants because they implicate Medley." In numbered paragraph 147 of the First Amended Complaint, Holdings alleged that shares of Plaintiff remained registered in Holdings’ name even after Medley exercised the right to vote all of Plaintiff’s shares: "In fact, Medley Capital told Barkat when it took these actions in July 1, 2014 that it was exercising rights to vote [Plaintiff’s] board but was not taking ownership of the company" (underscoring added by the Court).1
The Court wonders whether this was a tax-motivated strategy by Medley to avoid the evisceration of Plaintiff’s federal tax net operating loss carryovers through the operation of I.R.C. § 382 (50 percent or more change in equity ownership results in imposition of strict limitations on the use of pre-ownership change net operating loss carryovers against post-ownership change income). If Medley had
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acquired ownership of 100 percent of Plaintiff’s stock, a stock ownership change would have occurred pursuant to I.R.C. § 382, most likely severely limiting the use of Plaintiff NOLs. As of July 2014, Medley may have believed it was going to turn around Plaintiff’s business and that it needed to preserve Plaintiff’s NOLs to shelter Plaintiff’s future income. If Medley did not acquire title to all Plaintiff’s stock, then perhaps no ownership change occurred for tax purposes (subject, however, to tax doctrines sounding in lack of business purpose, substance over form, lack of economic reality, step transaction, etc.) The Court also notes that federal income tax returns are prepared under penalty of perjury and can often provide useful and binding insights into the nature of transactions.
The First Amended Complaint in the Second Action alleges in the Fourth Cause of Action (numbered paragraphs 155 through 166) that Managease and Christina Woodward ("Ms. Woodward") aided and abetted various breaches of fiduciary duty by Medley and people whom Medley had installed in Plaintiff’s management and that Ms. Woodward "went on a vindictive witch hunt to fabricate reasons for Barkat’s termination . . . and even testified that she called the day [Plaintiff’s] employees would be fired ‘Destruction Day’ . . ."
On or about July 28, 2017, Managease and Ms. Woodward were added as defendants to the First Action (brought by both Mr. Barkat and Holdings as plaintiffs). Thus, as of July 28, 2017, Mr. Barkat – but not Holdings -- had personal claims for defamation in excess of $10 million against Managease and Ms. Woodward.
Managease, Ms. Woodward, Holdings and Mr. Barkat entered into a Mutual Settlement Agreement and General Release dated as of July 31, 2017 (the "Settlement Agreement"). The Settlement Agreement is attached as Exhibit 14 to the Declaration of Howard Grobstein in support of the SJ Motion. The Settlement Agreement states that Holdings is a party to the Settlement Agreement both individually and derivatively on behalf of Plaintiff. Pursuant to the Settlement Agreement’s terms, Managease and Ms. Woodward were to pay (and later did pay) Mr. Barkat $2 million as follows: $1,136,024.67 to Mr. Barkat and $863,975.33 to Mr. Barkat’s law firm, Miller Barondess LLP. Holdings and Mr. Barkat, as settling parties, represented and warranted in numbered paragraph 3 of the Settlement Agreement that "he/she/it is the owner of the claims raised, or which could have been raised in [the First Action and
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the Second Action]" (underscoring added by this Court). Importantly, Managease was obligated under the Settlement Agreement to dismiss its cross-complaint against Plaintiff with prejudice.
The Settlement Agreement references both the First Action and the Second Action, mentions the consolidation of these two actions and defines them to be "the Lawsuit." The releases given in the Settlement Agreement pertain to "the Lawsuit," thus encompassing both claims in the First Action as well as claims in the Second Action together with claims that could have been brought in these two lawsuits. Specifically, Holdings derivatively on behalf of Plaintiff released Managease and Ms. Woodward from all claims known or unknown that Plaintiff had against Managease and Ms.
Woodward, including those causes of action stated in the First Action and the Second Action. Settlement Agreement § 4. Among the claims so released was Mr. Barkat’s claim in the First Action against Managease and Ms. Woodward for defamation (stated in the First Action to be "in excess of $10 million") and Holdings’ various claims against Managease and Ms. Woodward in the First Action and the Second Action.
Pursuant to numbered paragraph 2 of the Settlement Agreement, Managease and Ms. Woodward brought a motion in the California Superior Court for a judicial determination that the settlement was made in good faith in accordance with the provisions of California Code of Civil Procedure 877 et seq. (the "Managease Settlement Motion"). These sections generally deal with issues such as contribution among joint tortfeasors, effect of releases on non-settling parties, etc.
The First Action and the Second Action had been consolidated by the time the Managease Settlement Motion was filed.
The Managease Settlement Motion noted that the $2 million settlement "will be paid to Mr. Barkat since he is alleged to be the sole owner of [Holdings] which is the plaintiff in the consolidated action and because he is the named plaintiff in the lead case [i.e., the First Action] where [Managease and Ms. Woodward] were just Doe’d in. Therefore, allocation of the settlement funds between plaintiffs is not a factor
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Medley filed an opposition to the Managease Settlement Motion on or about September 1, 2017. Although Medley had an opportunity to argue that Holdings had no authority to proceed derivatively on behalf of Plaintiff and that therefore the settlement, if it were to be approved at all, should have been payable to Plaintiff, it did not make that argument in its written pleadings – although, as will be shown in the next paragraph, Medley does seem to have raised it during oral argument. Instead, Medley argued that Mr. Barkat had already recovered more via settlements than he could ever prove at trial. Moreover, Medley’s opposition indicates that Medley would not object to the settlement if Medley were dismissed from the case.
The Superior Court granted the Managease Settlement Motion over Medley’s objection. The Superior Court cited Tech-Bilt v. Woodward-Clyde & Assoc., 38 Cal.3d 488 (1984) for the proposition that among the factors relevant to a good faith determination were "the allocation of settlement proceeds among plaintiffs," thus raising the very issue that Managease and Ms. Woodward had asked the Court to not consider. The Superior Court’s decision notes that "[a]t oral argument, Medley . . . asserted that this good faith settlement is improper because this is a derivative suit. The court does not find Medley’s argument to be persuasive."
The SJ Motion was filed on June 5, 2018. Holdings and Mr. Barkat filed an opposition to the SJ Motion on July 4, 2018. Together with declarations in support of and in opposition to the SJ Motion and requests for judicial notice, the total pleadings with respect to the SJ Motion exceed over 2,000 pages of text, far in excess of anything the Court has ever seen in connection with a motion for summary judgment.
The SJ Motion argues that Holdings and Barkat settled claims against Managease and Ms. Woodward without disclosing that fact to Plaintiff, that Holdings and Barkat were
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required to remit the $2 million settlement payment to Plaintiff and failed to do so. Therefore, the SJ Motion contends, Plaintiff is entitled to a $2 million conversion, defalcation and breach of fiduciary duty judgment against Holdings and Mr. Barkat with respect to their wrongful appropriation of the Managease settlement moneys. Additionally, Plaintiff seeks an injunction freezing $2 million in the assets of Holdings and Mr. Barkat.
Plaintiff emphasizes the claim against Managease and Woodward was a corporate asset of Plaintiff, that the Second Action was brought derivatively on Plaintiff’s behalf and that the resulting $2 million settlement is clearly Plaintiff’s money that should be recovered by, and turned over to, Plaintiff.
Federal Rule of Civil Procedure 56, made applicable to this adversary proceeding by Federal Rule of Bankruptcy Rule 7056, provides that "[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." A fact is material if it tends to resolve any of the issues that have been properly raised by the parties.
Commodities Futures Trading Commission v. Savage, 611 F.2d 270 (9th Cir. 1979). Specifically, a fact or facts are material if they constitute a legal defense or if their existence or nonexistence might affect the legal result of the action or if the issue raised is so essential that the party against whom it is decide cannot prevail. C. Wright, A. Miller, M. Kane, 10A FEDERAL PRACTICE AND PROCEDURE §
2725.1. Additionally, summary judgment should not be granted unless the truth is clear. Poller v. Columbia Broadcasting Service, Inc., 368 U.S. 464 (1962).
The Eighth Cause of Action in the Second Amended Complaint with respect to the
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First Action is by Mr. Barkat "against all defendants," which of course would include Managease and Ms. Woodward after they were "Doe’d" in on July 28, 2017. The Eighth Cause of Action alleges conspiracy and aiding and abetting with respect to the making of knowingly false, nonprivileged statements of fact defaming Mr. Barkat, resulting in damages in excess of $10 million.
The fourth cause of action in the Second Action against Managease and Ms. Woodward alleged different kinds of wrongs by these defendants against Plaintiff (brought derivatively by Holdings).
Importantly, the Settlement Agreement encompasses claims under both the First Action and the Second Action and, additionally, references and applies not only to claims that were actually brought but also to claims that could have been brought. This stands to reason, because settling parties are generally less concerned about the niceties of whether a particular claim has been adequately pled in one action or another than they are about making sure that all claims that already have been brought or could be brought in the future (whether by amended complaint or otherwise) are being dealt with and disposed of in the settlement agreement. Thus, whether as a technical legal matter Mr. Barkat could have recovered against Managease and Ms.
Woodward in the Second Action without further amending the complaint therein to add himself as a party plaintiff or without amending the Second Amended Complaint in the First Action to add the sort of additional allegations against Managease and Ms. Woodward that are found in the fourth cause of action in the Second Action is of no particular moment (if such maneuvers were even necessary in view of the consolidation of the First Action and Second Action).
Plaintiff’s argument in its reply that Mr. Barkat could not have recovered against Managease and Ms. Woodward because of allegedly settled law relating to an agent’s immunity to interference with contract claims, even if true, does not carry the day for Plaintiff because Plaintiff has failed to show that the $2 million was not paid in respect of Mr. Barkat’s defamation claims in the First Action or in respect of other rights that Mr. Barkat may have had against Managease and Ms. Woodward that are not mentioned in the Settlement Agreement but are nonetheless covered by the release
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(reference in Settlement Agreement to actions that could have been brought).
For these reasons, it does not at all follow, as Plaintiff implicitly suggests, that the $2 million settlement in question was necessarily paid in respect of derivative claims brought by Holdings on behalf of Plaintiff. Plaintiff has failed to make a sufficient showing that the $2 million settlement was not payable to Mr. Barkat in view of the defamation claims stated in the First Action against Managease and Ms. Woodward after they were "Doe’d" into that action. To summarize, Plaintiff has failed to show the truth of the proposition that the $2 million settlement was paid with respect to the derivative claims. For this reason, the SJ Motion is denied.
There is a second independent reason why the SJ Motion must be denied, and this arises out of the release given by Holdings to Managease in the Settlement Agreement. The causes of action stated in the MVF Complaint relating to the Managease matter are based on the proposition that bankruptcy estate property includes (1) Plaintiff’s claim against Managease and Ms. Woodward (brought by Holdings derivatively on Plaintiff’s behalf) and (2) the $2 million settlement payment. As discussed above, Plaintiff has not made a sufficient showing that the $2 million settlement was paid in respect of Holdings’ derivative claims on behalf of Plaintiff (as opposed to being paid to Mr. Barkat in respect of his own individual claims against Managease and Ms. Woodward). With respect to the Managease claim, Plaintiff has failed to show that this claim is not completely extinguished by the release given derivatively by Holdings on behalf of Plaintiff. Of course, it is open to Plaintiff to argue that this release is actually or constructively fraudulent either because it was made with the intent to hinder, delay or defraud a creditor of Plaintiff or because the elements of a constructive fraudulent transfer are present, but Plaintiff has not made a sufficient showing of this in the SJ Motion. For example, Plaintiff has not shown on the issue of reasonably equivalent value that Managease’s release of its cross claim against Plaintiff is not reasonably equivalent value for the release of Plaintiff’s claims against Managease or that the payment of $2 million to Mr. Barkat was not reasonably equivalent value to Plaintiff in the form of reducing Plaintiff’s liability to Mr. Barkat
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for wrongfully terminating his employment.
Because Plaintiff has not made a sufficient showing that the release of the Plaintiff’s claims against Managease is ineffective or void under Bankruptcy Code section 548 or state fraudulent transfer law, the SJ Motion must be denied.
The Court remains troubled by the possibility that the claims alleged in the MVF Complaint are the property of the Point.360 bankruptcy estate. However, in view of the discussion above, at this time it is unnecessary for the Court to consider this argument and other arguments made by Holdings and Mr. Barkat in opposition to the SJ Motion.
COURT TO PREPARE ORDER.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin
Defendant(s):
Moshe Barkat Pro Se
Modern VideoFilm Holdings, LLC Pro Se Sidan Engineering, L.P. Pro Se
Sivan Barkat Sherman Pro Se
Danielle Barkat Turner Pro Se
Deborah Barkat Pro Se
Hugh Miller Pro Se
Plaintiff(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
9:00 AM
STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 Case (Chapter 11 Petition filed on 5/16/18)
Docket 0
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: November 14, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
2:00 PM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 case (Petition filed 3/22/16)
FR: 6-1-16; 8-24-16; 10-12-16; 1-25-17; 2-8-17; 5-31-17; 10-18-17; 1-31-18;
5-2-18
Docket 1
- NONE LISTED -
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
2:00 PM
Hearing RE: Motion For Order Approving Disclosure Statement Describing Chapter 11 Plan Of Reorganization As Containing Adequate Information Pursuant To Bankruptcy Code Section 1125(A)(1)(B)
(D.S. filed 5/25/18)
Docket 120
The Court is concerned about the razor-thin margin for cash available to make plan payments ($16,244 per annum or annual revenues of $1.8 million to almost $2 million). Additionally, no declarations are filed to support statements of fact made in the disclosure statement and the reasonability of the projected financials.
Continue the disclosure statement hearing to October 24, 2018 at 9:00 a.m. and require a first amended disclosure statement to be filed on or before September 21, 2018 with objections due October 5, 2018 (Importantly, the absence of financials showing the actual results of operations for October 2017 through June 2018 is a major shortcoming). The Court will sustain the UST’s limited objections.
COURT TO PREPARE ORDER.
Debtor(s):
Mohdsameer Aljanedi Dental Represented By Andy C Warshaw
Richard L. Sturdevant
9:00 AM
Evidentiary Hearing RE: Motion for relief from stay [Real Property]
Vidorra Homeowners Association vs. DEBTOR (Motion filed 4/30/18)
(Evidentiary hearing set at hearing held 6-4-18) [RE: 10072 Albee Avenue, Tustin, CA 92782] FR: 6-4-18
Docket 160
This matter comes before the Court on the motion for relief from stay (the "Motion") filed by creditor Vidorra Homeowners Association. The Court held a hearing on the Motion on June 4, 2018 and continued the hearing to July 30, 2018 as an evidentiary hearing. Further, the Court ordered the parties to file briefs. The evidentiary hearing will go forward on July 30, 2018 as scheduled. The Court expects that persons who executed declarations in support of, or in opposition to, the Motion will be present in Court and subject to cross-examination. If any declarant fails to appear, the Court will strike the declaration executed by such declarant.
Debtor(s):
James Jinwoo Kim Represented By Amanda G Billyard Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
9:00 AM
CONT'D Motion for relief from stay [Real Property]
1200 North Homeowners Assocation vs. DEBTOR (Motion filed 5/14/18)
[RE: 1200 North Flores Street, Unit 214, West Hollywood, California 90069]
FR: 7-9-18
Docket 53
The Court will inquire whether the parties have been able to agree to terms of an adequate protection order.
Debtor(s):
Bette Mae Doremus Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate (Motion filed 7/13/18) (OST Denied 7-19-18)
Docket 8
- NONE LISTED -
Debtor(s):
Jose Enrique Quintero Rodelo Represented By Nicholas M Wajda
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Motion For Order Approving Settlement Agreement Among The Official Committee Of Unsecured Creditors On Behalf Of The Debtors, The Pension Benefit Guaranty Corporation, Larry P. Chinn, Financial Institution Consulting Corporation, American Automobile Insurance Company, And The Chapter 7 Trustee Of Larry P. Chinn's Bankruptcy Estate
(Motion filed 6/26/18)
Docket 1511
Grant the motion.
COMMITTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
2:00 PM
Hearing RE: Motion For Order Authorizing Examination Of The Person Most Knowledgeable Of The Debtor (Modern VideoFilm, Inc.) Pursuant To Federal Rule Of Bankruptcy Procedure 2004
(Motion filed 6/1/18) (Opposition filed 6/4/18) (Set per Notice of Hearing filed 6/4/18)
Docket 26
The Barkat Parties request for judicial notice is granted.
This matter comes before the Court on the Motion For Order Authorizing Examination of the Person Most Knowledgeable of the Debtor Modern Videofilm, Inc. Pursuant to Federal Rule of Bankruptcy Procedure 2004 (the "Motion") brought by Moshe Barkat ("Mr. Barkat") and Modern VideoFilm Holdings, LLC ("Holdings").
Although Mr. Barkat may have lacked standing at the time the Motion was filed, he subsequently acquired standing by reason of his purchase of the Alt Systems, Inc. claim. While it would be possible to deny the Motion on standing grounds, this would only delay matters for several weeks. Debtor and debtor-in-possession Modern VideoFilm, Inc. (MVF") by its conduct has shown that it desires to move this case expeditiously: it has filed a plan and disclosure statement, scheduled a disclosure statement hearing for August 1, 2018, commenced a major adversary proceeding against Mr. Barkat and Holdings and filed a motion for summary judgment in that adversary proceeding, all within three months of the petition date. In view of this, the Court believes it is appropriate in terms of preservation of the due process rights of Mr. Barkat and Holdings to permit this Rule 2004 examination to go forward on an equally expedited basis.
2:00 PM
The requested documents referenced in the Motion do not appear to directly relate to the pending adversary proceeding brought by MVF against the Barkat Parties or the preexisting state court action involving MVF, Medley, and the Barkat Parties. Rather, they seem to relate to the MVF’s financial condition, the proposed plan and the feasibility of the proposed plan – issues as to which MVF has opened the door by reason of its filing of a proposed plan and disclosure statement.
The Motion is granted.
MR. BARKAT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin
9:00 AM
Cooksey, Toolen, Gage, Duggy & Woog - movant attorney Motion for relief from stay
Americredit Financial Services, Inc vs Debtor (Motion filed 6/28/18)
RE: 2017 Nissan Sentra, VIN 3N1AB7AP8HY337670
Docket 13
Debtor(s):
Yasmina Rivas Represented By Brian J Soo-Hoo
Trustee(s):
Howard B Grobstein (TR) Pro Se
2:00 PM
Hrg. on United States Trustee Motion filed 6/27/28 Motion For An Order To Show Cause Why Star Miller Should Not Be Held In Contempt Of Court Pursuant To 11 U.S.C. § 105 And Federal Rule Of Bankruptcy Procedure 9020
Docket 57
Debtor(s):
Sergio Enrique Quntanilla Merlos Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg. on Interim Application filed 6/29/18 for Approval of Fees and Reimbursement of Expenses by The Turoci Firm, Attorneys for Robert & Sharon Phelps Debtor's Attorney, Period: 6/26/2017 to 6/18/2018, Fee: $32,650.00, Expenses: $577.65.
Docket 96
Debtor(s):
Robert Kenneth Phelps Represented By Todd L Turoci Marc Rosenthal
Joint Debtor(s):
Sharon Lee Phelps Represented By Todd L Turoci
2:00 PM
Hrg. on Adriana Estevez' Motion filed 7/3/.18 for voluntary dismissal of chapter 7 case due to a possible financial conflict of interest 28 U.S.C. §455
Docket 64
Debtor(s):
Enriquez Q Amezcua Represented By Caroline S Kim
Trustee(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
2:00 PM
Hrg. on Debtor's Motion filed 7/3/18 to be Relieved of a Reaffirmation Agreement under FRBP 9024 and FRCP 60
Docket 16
Debtor(s):
Dane Dettorre Represented By Todd L Turoci
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg. on Interim Application filed 6/29/18 for Approval of Fees and Reimbursement of Expenses by The Turoci Firm, Attorneys for Flem and Lydia McMillan
Docket 70
Debtor(s):
Flem Earl McMillan Represented By Todd L Turoci Todd L Turoci
Joint Debtor(s):
Lydia Ventura McMillan Represented By Todd L Turoci Todd L Turoci
2:00 PM
Hrg. on Debtors' Motion filed 3/12/18 to Convert Case From Chapter 7 to 13 (Cont. from 6/26/18)
Docket 41
Debtor(s):
Daniel L Horkey Represented By Julie J Villalobos
Joint Debtor(s):
Carmela Horkey Represented By Julie J Villalobos
Trustee(s):
Robert Whitmore (TR) Represented By Franklin C Adams Caroline Djang
9:00 AM
CONT'D STATUS CONFERENCE RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 case (Petition filed 11/1/15)
FR: 1-13-16; 3-2-16; 4-13-16; 7-27-16; 12-7-16; 4-19-17; 8-30-17; 12-13-17;
4-9-18
Docket 0
The Court will inquire into (1) compliance with United States Trustee guidelines and requirements, (2) prospects and timing for payment of over $3 million in professional fees, and (3) the current cash balance of the bankruptcy estate.
Next status conference: November 14, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/28/16)
FR: 2-8-17; 5-3-17; 7-26-17; 9-13-17; 12-5-17; 2-14-18; 5-2-18
Docket 1
In view of the settlement of the adversary proceeding and other facts reported by Mr. Lurya in Blue Light’s status report, the status conference is continued to November 28, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Blue Light Capital Corp Represented By Alan M Lurya
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 case (Petition filed 11/6/17)
FR: 1-17-18; 2-26-18; 4-9-18; 4-30-18
Docket 27
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: TBD COURT TO PREPARE ORDER.
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Adv#: 8:18-01083 B3 FIT, INC et al v. Isaly
STATUS CONFERENCE RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(4) And (6)
(Complaint filed 5/11/18)
Docket 1
Enter scheduling order:
All discovery shall close on December 31, 2018.
All discovery motions shall be heard before January 31, 2019.
All pretrial motions (except motions in limine) shall be heard before February 28, 2019.
Pretrial conference is set for March 27, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Alexander Mark Christian Isaly Represented By Anthony B Vigil
Defendant(s):
Alexander Mark Christian Isaly Pro Se
Joint Debtor(s):
Michele Leann Isaly Represented By
9:00 AM
Anthony B Vigil
Plaintiff(s):
B3 FIT, INC Represented By
Ian Landsberg
Terence Shorter Represented By Ian Landsberg
Tina Shorter Represented By
Ian Landsberg
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:18-01084 Modern VideoFilm, Inc. v. Barkat et al
Hearing RE: Motion To Dismiss Modern VideoFilm, Inc.'s First Amended Complaint
(Motion filed 7/6/18)
Docket 33
Defendants Moshe Barkat, Modern Videofilm Holdings, LLC et al. move to strike the second, tenth and fifteenth claims for relief in the adversary proceeding of Modern VideoFilm, Inc. v. Barkat et al., Acv. No. 8:18-bk-01084-MW (the "AP") and to dismiss the First Amended Complaint in the AP. These motions are supported by a voluminous request for judicial notice relating to a settlement agreement, an arbitrator’s order, orders of the Los Angeles County Superior Court, an exhibit to an SEC 8-K filing and other documents and pleadings.
Federal Rule of Civil Procedure 12(d) provides that if on a motion under Rule 12(b)
(6) or 12(c) matters outside the pleadings are presented to and not excluded by the court, "the motion must be treated as one for summary judgment under Rule 56." Further, Rule 12(d) states that in such an instance "[a]ll parties must be given a reasonable opportunity to present all the material that is pertinent to the motion."
The motion to dismiss in the AP argues that the First Amended Complaint should be dismissed pursuant to Rule 12(b)(6). The motion to strike argues for dismissal of select claims for relief in the First Amended Complaint based upon a California anti- SLAPP statute and essentially proceeds along the lines of Rule 12(b)(6) in contending that the First Amended Complaint fails to state claims upon which relief can be granted in view of such statute.
9:00 AM
Although it has been held that a court may consider matters outside the pleadings that are subject to judicial notice without converting the motion to one for summary judgment, Design Basics LLC v. Campbellsport Bldg. Supply Inc., 99 F. Supp. 3d 899, 917-918 (E.D. Wis. 2015), the request for judicial notice that is made here is so voluminous and all-encompassing that the Court declines to exercise its discretion and permit these motions to proceed in their present format as motions to dismiss and strike. Instead, pursuant to Rule 12(d), the Court will treat each of these motions as a motion for summary judgment and will give all parties an opportunity to present all the material that is pertinent to these motions.
Accordingly, the Court continues the motion to strike and the motion to dismiss to October 17, 2018 at 9:00 a.m. and treats each such motion as a motion for summary judgment. Plaintiff Modern VideoFilm, Inc. may file a pleading on or before September 7, 2018 presenting materials that are or may be pertinent to these motions. Defendants may file a pleading on or before October 5, 2018 presenting materials that are or may be pertinent to these motions and/or responsive to what Plaintiff filed.
COURT TO PREPARE ORDER.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
Defendant(s):
Moshe Barkat Represented By Juliet Y Oh David L. Neale
Modern VideoFilm Holdings, LLC Represented By
Juliet Y Oh David L. Neale
Sidan Engineering, L.P. Represented By
9:00 AM
David L. Neale
Sivan Barkat Sherman Represented By David L. Neale
Danielle Barkat Turner Represented By David L. Neale
Deborah Barkat Represented By David L. Neale
Hugh Miller Represented By
David L. Neale
Plaintiff(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
Adv#: 8:18-01084 Modern VideoFilm, Inc. v. Barkat et al
Hearing RE: Special Motion To Strike Second, Tenth And Fifteenth Claims For Relief From Modern VideoFilm, Inc.'s First Amended Complaint
(Motion filed 7/6/18)
Docket 34
Defendants Moshe Barkat, Modern Videofilm Holdings, LLC et al. move to strike the second, tenth and fifteenth claims for relief in the adversary proceeding of Modern VideoFilm, Inc. v. Barkat et al., Acv. No. 8:18-bk-01084-MW (the "AP") and to dismiss the First Amended Complaint in the AP. These motions are supported by a voluminous request for judicial notice relating to a settlement agreement, an arbitrator’s order, orders of the Los Angeles County Superior Court, an exhibit to an SEC 8-K filing and other documents and pleadings.
Federal Rule of Civil Procedure 12(d) provides that if on a motion under Rule 12(b)
or 12(c) matters outside the pleadings are presented to and not excluded by the court, "the motion must be treated as one for summary judgment under Rule 56." Further, Rule 12(d) states that in such an instance "[a]ll parties must be given a reasonable opportunity to present all the material that is pertinent to the motion."
The motion to dismiss in the AP argues that the First Amended Complaint should be dismissed pursuant to Rule 12(b)(6). The motion to strike argues for dismissal of select claims for relief in the First Amended Complaint based upon a California anti- SLAPP statute and essentially proceeds along the lines of Rule 12(b)(6) in contending that the First Amended Complaint fails to state claims upon which relief can be granted in view of such statute.
9:00 AM
Although it has been held that a court may consider matters outside the pleadings that are subject to judicial notice without converting the motion to one for summary judgment, Design Basics LLC v. Campbellsport Bldg. Supply Inc., 99 F. Supp. 3d 899, 917-918 (E.D. Wis. 2015), the request for judicial notice that is made here is so voluminous and all-encompassing that the Court declines to exercise its discretion and permit these motions to proceed in their present format as motions to dismiss and strike. Instead, pursuant to Rule 12(d), the Court will treat each of these motions as a motion for summary judgment and will give all parties an opportunity to present all the material that is pertinent to these motions.
Accordingly, the Court continues the motion to strike and the motion to dismiss to October 17, 2018 at 9:00 a.m. and treats each such motion as a motion for summary judgment. Plaintiff Modern VideoFilm, Inc. may file a pleading on or before September 7, 2018 presenting materials that are or may be pertinent to these motions. Defendants may file a pleading on or before October 5, 2018 presenting materials that are or may be pertinent to these motions and/or responsive to what Plaintiff filed.
COURT TO PREPARE ORDER.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
Defendant(s):
Moshe Barkat Represented By Juliet Y Oh David L. Neale
Modern VideoFilm Holdings, LLC Represented By
Juliet Y Oh David L. Neale
Sidan Engineering, L.P. Represented By
9:00 AM
David L. Neale
Sivan Barkat Sherman Represented By David L. Neale
Danielle Barkat Turner Represented By David L. Neale
Deborah Barkat Represented By David L. Neale
Hugh Miller Represented By
David L. Neale
Plaintiff(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: Chapter 11 Involuntary Petition (Petition filed 5/31/18)
FR: 6-25-18
Docket 1
Continue to September 19, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
QDOS, Inc Pro Se
9:00 AM
STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 case (Petition filed 5/30/18)
Docket 0
- NONE LISTED -
Debtor(s):
Joseph T. Mackay Pro Se
2:00 PM
Hearing RE: Debtor's Disclosure Statement Accompanying Debtor's Chapter 11 Plan
(D.S. filed 6/20/18)
Docket 0
The request for judicial notice made by Mr. Barkat and Holdings is granted.
The Court recognizes that Debtor has prepared a red-lined First Amended Disclosure Statement ("FADS") intended to address some of the UST’s objections. The Court will inquire of the UST whether the FADS cures the following objections made by the UST (and, unless the UST agrees that the objection has been cured, will sustain the objection):
The Debtor should clarify if Medley is asserting any security interest in the tort portion of the adversary proceeding against Mr. Barkat and Holdings.
The Debtor should clarify the amount of Mr. Grobstein’s monthly compensation should Debtor’s proposed chapter 11 plan be confirmed and become effective.
The Debtor should clarify the relationship between Medley’s secured and unsecured claims.
The Debtor should set a reasonable time limit for completing the contemplated adversary actions (including any appeals), distributing funds and bringing the case to a conclusion through the entry of a final decree. A 10 year time limit would seem reasonable.
2:00 PM
The Debtor should discuss potential recoveries for the estate should it prevail with respect to the avoidance actions it is contemplated bringing and the range of distribution to Class 3 creditors should these potential recoveries be realized.
The Court will overrule the following objection of the United States Trustee: The Debtor should discuss the estimated time frame of the adversary proceeding.
The Court rejects the argument that the objections to the adequacy of the disclosure statement by Mr. Barkat and Holdings should be ignored because they allegedly do not have standing to object. The Court’s interest is in ensuring that an accurate and informative disclosure statement goes out to all parties in interest in the case.
Therefore, the Court will hear and consider such objections notwithstanding that Mr. Barkat and Holdings may not be entitled to vote on the plan. The Court does not discern any improper purpose on the part of Mr. Barkat and Holdings in terms of the objections they made to the disclosure statement. On the contrary, the Court found many of such objections helpful and well-taken in terms of pointing out disclosure statement defects and shortcomings.
The Court will sustain the following objections of Mr. Barkat and Holdings:
The disclosure statement fails to explain how the reorganized Debtor is going to finance the avoidance litigation prior to the time, if ever, that recoveries are obtained with respect to such actions.
The disclosure statement provides no discussion of alternative financing in the event the avoidance actions fail to provide a recovery.
The disclosure statement fails to disclose the source and amount of cash Debtor is projected to have on the plan effective date that can be used to pay administrative expenses.
2:00 PM
The disclosure statement fails to provide an itemized list of all projected administrative expenses as of the projected plan effective date.
The proposed plan is unconfirmable on its face unless the Debtor is able to identify a source of funding for expenses related to (a) prosecuting the avoidance claims, and (b) ongoing costs associated with the continued existence of Debtor (for example, the cost of preparing income tax returns). To a certain extent this item overlaps with other sustained objections.
The Court will inquire of counsel for Mr. Barkat and Holdings as to whether the changes made to the original disclosure statement in the FADS partially or completely cure the following objections made by them (and will sustain the objection in part or in whole if not cured):
The disclosure statement fails to identify the derivative claims asserted by Holdings (on Debtor’s behalf) against Medley, fails to provide information regarding the estimated value of such claims, fails to provide information regarding actions the Debtor has taken to assess the merits of such claims and to explain what the Debtor intends to do to pursue such claims.
The disclosure statement fails to provide a full discussion of Mr. Grobstein’s prior role at the Debtor and all the details of his relationship with Medley (including payments made by Medley or directly or indirectly financed by Medley).
The disclosure statement fails to discuss Point.360’s contention that the avoidance actions are property of Point.360’s estate, not Debtor’s estate, and fails to discuss the merits (or lack thereof) of Point.360’s contentions.
The Court agrees with arguments in Debtor’s Omnibus Reply that Debtor does not have a crystal ball and cannot reliably predict the timing or outcome of the avoidance actions it has brought or intends to bring. Objections of Mr. Barkat and Holdings not
2:00 PM
sustained are overruled.
Additionally, the Court finds the disclosure statement inadequate because it fails to address the amount and current status of Debtor’s federal tax net operating loss carryovers ("NOLs"), including the all-important issue of whether the use of such NOLs was materially limited under I.R.C. § 382 as a result of a stock ownership change when Medley exercised its creditor rights to exercise the right to vote Debtor’s stock and to seize other rights appurtenant to such stock. The disclosure statement should specifically indicate the position taken by Debtor on filed federal corporate income tax returns of Debtor with respect to such issue.
The Court will disapprove the disclosure statement. The Court will not set a new date for a disclosure statement hearing with respect to an amended plan and disclosure statement until the issue of Point.360’s alleged ownership of the avoidance actions comes to rest through the granting of a motion for relief from stay in the Point.360 case with respect to the prosecution of those actions in this Court or some other action making it clear that such actions properly can go forward in this Court.
COURT TO PREPARE ORDER.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin
9:00 AM
Adv#: 6:18-01121 Altman v. Shin
STATUS CONFERENCE re: Complaint by Murray Altman against Yun Hei Shin. (Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))
(Tele. appr., Kathleen Altman, rep. creditor Yun Hei Shin)
Docket 1
- NONE LISTED -
The Court will issue a scheduling order:
All discovery shall close on December 31, 2018.
All discovery motions shall be heard before January 15, 2019.
All pretrial motions (except motions in limine) shall be heard before February 15, 2019.
Pretrial conference is set for March 14, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Defendant(s):
9:00 AM
Yun Hei Shin Represented By
Kathleen P March
Plaintiff(s):
Murray Altman Represented By Andrew S Bisom
9:00 AM
Adv#: 6:18-01119 Todd A. Frealy, Chapter 7 Trustee of the Bankruptc v. Uomoto et al
STATUS CONFERENCE re: Complaint by Todd A. Frealy, Chapter 7 Trustee of the Bankruptcy Estate of BioData Medical Laboratories, Inc. against Akemi Uomoto, Henry Wallach. (Charge To Estate $350). (Attachments: # 1 Adversary Cover Sheet) Nature of Suit: (14 (Recovery of money/property - other))
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan Joseph N Darweesh
Defendant(s):
Akemi Uomoto Pro Se
Henry Wallach Pro Se
Plaintiff(s):
Todd A. Frealy, Chapter 7 Trustee of Represented By
Kurt Ramlo Juliet Y Oh Eve H Karasik Todd A Frealy
9:00 AM
Trustee(s):
Todd A. Frealy (TR) Represented By Eve H Karasik Jeffrey S Kwong Juliet Y Oh Carmela Pagay
9:00 AM
Adv#: 6:18-01118 Bui v. Underbrink
#3.00 STATUS CONFERENCE RE: Complaint for Recovery of money/property, fraudulent transfer, Recovery of money/property - other
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Douglas Edward Laube Represented By Todd L Turoci
Defendant(s):
Nancie Jo Underbrink Pro Se
Plaintiff(s):
Lynda T Bui Represented By
Rika Kido
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Rika Kido
9:00 AM
Hrg. on Chapter 11 Status Conference (cont. from 7/25/18)
(Tele. appr., Martin Eliopulos, rep. Havavsu)
Docket 0
NONE LISTED -
NONE LISTED -
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
Adv#: 6:17-01168 Hann v. Brickhaven Condominium Association and Its Board o
Pre Trial Conference re: Complaint to recover property and money to accrue to the bankruptcy estate by Gary S Hann against Brickhaven Condominium Association and Its Board of Directors , Karl V. Fink , Fink & Valvo PLLC , Anne Marie Williams , Old Town Realty , Naomi E Fink , Joshua R Fink , Kay Rivest Butler , David W Schelberg , Starr Butler Alexopoulous & Stoner PLLC , Washtenaw County Sheriff Civil Division Personally , David S Swart , Dewie Smith , Aaron Selix , Thomas M Stulberg , Mirror Equities LLC , Bowen Equities , The State of Michigan
(cont from 10/26/17)
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Gary S. Hann Represented By
Charles K Young
Defendant(s):
Karl V Fink Represented By
Jennifer E Duty
The State of Michigan Represented By Michael S Hill
Bowen Equities LLC Pro Se
Mirror Equities LLC Pro Se
2:00 PM
Thomas M Stulberg Represented By Ryan H Nell
Aaron Selix Represented By
Ryan H Nell
Dewie Smith Represented By
Ryan H Nell
David S Swart Represented By Tim J Harris Ryan H Nell
Washtenaw County Sheriff Civil Represented By
Tim J Harris
David W Schelberg Represented By Julie Marquis
Kay Rivest Butler Represented By Julie Marquis
Joshua R Fink Represented By Jennifer E Duty Eric R Deitz
Naomi E Fink Represented By
Jennifer E Duty Eric R Deitz
Old Town Realty Inc Represented By Ryan H Nell
Anne Marie Williams Represented By Ryan H Nell
Fink & Valvo PLLC Represented By Jennifer E Duty Eric R Deitz
Brickhaven Condominium Represented By Ryan H Nell
2:00 PM
Starr Butler Alexopoulous & Stoner Represented By
Julie Marquis
Plaintiff(s):
Gary S Hann Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
Hrg. on Motion filed 6/13/18 for Order: (1) Approving Disclosure Statement; (2) Approving Notice Procedures; (3) Establishing Confirmation Procedures and Deadlines; and (4) Establishing Certain Bar Dates
(Tele. appr., Martin Eliopulos, rep. Havasu)
Docket 134
NONE LISTED -
The Court believes that the proposed First Amended Chapter 11 Plan (the "Plan") raises serious issues relating to the Bankruptcy Code’s prohibition against unfair discrimination and the fair and equitable requirement.
The Plan would seem to unfairly discriminate against HLI. A general unsecured creditor in Class 8 is paid in full in five years from the petition date with interest at the federal judgment rate. On the other hand, if a portion of HLI’s claim is determined to be unsecured, HLI might have to wait up to 15 years to be fully paid. This disparity is beyond the bounds of reasonability.
The Plan contemplates that 48 Phase 1 lots owned by Havasu Landing will be transferred to HLI in a specific waterfall described below. It is legitimate for Mr. Fleming to retain liquid capital (that could otherwise be immediately distributed to creditors) to ensure adequate funding for the development of these lots and a maximization of their value. It is also legitimate for Mr. Fleming to delay the distribution of the lots until the development can be completed and their value maximized. However, a glaring omission in the Plan and disclosure statement is the
2:00 PM
absence of any discussion of how long this process will take and an estimate of the amount of capital required. If, as the disclosure statement projects, the 48 Phase 1 lots have an actual value of about $3 million and all such lots can be distributed to HLI within five or six years, HLI would have received a recovery of about $3.4 million within five or six years – a reasonably- sized distribution that would probably eliminate the unfair discrimination issue noted above.
Additionally, it is essential that there be evidentiary support in the form of one or more declarations for statements in the disclosure statement regarding the current fair market value of the Phase 1 Lots, the additional value that could be generated if such lots are further developed, the time to develop such lots, the expense expected to be incurred, etc.
The waterfall of distributions to HLI described on pages 35 and 36 of the disclosure statement is unacceptable to the Court. The waterfall has payments to HLI first being made to HLI’s judgment creditor Terry Fleming Jr. and then to Debtor and/or Terry Fleming Jr. to the extent either chooses to release his interest in HLI. The Court will not permit the Debtor to dictate terms to HLI as to how it will or should apply payments made by Debtor to HLI pursuant to the plan. HLI is entitled to apply the payments in the manner it chooses, subject to the rights of any party in interest to challenge such application – but not challenge it in this Court.
The bottom line for the Court is that HLI should be paid in full with interest as promptly as possible consistent with maximization of the value of assets owned or controlled by the Debtor and consistent with the Debtor maintaining a reasonable living allowance.
The Curt will provide leeway to the Debtor in selecting a date for another disclosure statement hearing.
The first amended disclosure statement is disapproved without prejudice for the reasons stated above.
RESPONDENT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
2:00 PM
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
Hrg. on Chapter 11 Status Conference (cont. from 7/25/18)
(Tele. appr., Martin Eliopulos, rep. Havavsu)
Docket 0
NONE LISTED -
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: November 14, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Motion for relief from stay [Personal Property]
Mechanics Bank, A California Banking Corporation, Successor By Merger To California Republic Bank vs. DEBTOR; And Richard A. Marshack, Chapter 7 Trustee
(Motion filed 7/11/18)
[RE: 2006 Ford F250 Super Duty, VIN No.: 1FTS W21P 16EB 67042]
Docket 7
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
James Russell Balsamo Represented By Joseph M Tosti
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Examination RE: Enforcement Of Judgment Of Marc Joseph Spizzirri To Furnish Information To Aid In Enforcement Of A Money Judgment Against You.
(Set per Order Entered 3/19/18) FR: 4-23-18; 6-4-18
Docket 1033
The judgment debtor examination will go forward.
Debtor(s):
Marc Joseph Spizzirri Represented By Robert P Goe Derrick Talerico
James Andrew Hinds Jr Robert E Opera William N Lobel
Reem J Bello
Trustee(s):
Bradley D. Sharp (TR) Represented By Nanette D Sanders Brian R Nelson
2:00 PM
CONT'D Hearing RE: Motion For Order: (1) Approving Liquidation Trustee's Final Report; (2) Approving Final Disbursements Of Estate Funds; (3) Discharging The Liquidation Trustee; (4) Terminating The Liquidation Trust; And
Entering A Final Decree Closing The Bankruptcy Case (Motion filed 6/12/18)
FR: 7-23-18
Docket 883
Grant and enter final decree.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mega RV Corp., a California Represented By Robert P Goe Joel S. Miliband Arjun Sivakumar Alex L Benedict
Courtney E Norton Gregory E Robinson
2:00 PM
CONT'D POST-CONFIRMATION STATUS CONFERENCE Hearing RE: (1)
Status Of Chapter 11 Case; And (2) Requiring Report On Status Of Chapter 11 Case
(Petition filed 6/15/2014)
(Post-Confirmation S/C set per Order Entered 10-6-15 - Docket No. 739]
FR: 8-27-14; 11-19-14; 1-7-15; 1-14-15; 4-8-15; 6-24-15; 9-9-15; 12-16-15;
4-13-16; 10-19-16; 4-19-17; 9-13-17; 2-14-18; 6-13-18; 7-23-18
Docket 1
The Court will hear any final comments of the UST with respect to this case.
Next status conference: None
Debtor(s):
Mega RV Corp., a California Represented By Robert P Goe Joel S. Miliband Arjun Sivakumar Alex L Benedict
Courtney E Norton Gregory E Robinson
2:00 PM
CONT'D Hearing RE: Debtor's Motion To Convert Case Under 11 U.S.C. Sections 706(a) Or 1112(a)
(Motion filed 6/8/18) FR: 7-23-18
Docket 27
Grant and convert to chapter 13.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Trinity Han Represented By
Michael R Totaro
2:00 PM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 3/18/18)
FR: 5-30-18, 7-11-18; 7-23-18
Docket 0
Moot in view of conversion of the case to chapter 13.
Debtor(s):
Trinity Han Represented By
Michael R Totaro
2:00 PM
CONT'D Hearing RE: Motion For Order Disallowing And Reducing Claims Of Siemens Healthcare Diagnostics, Inc. And For Disgorgement Of Plan Distributions Pursuant To 11 U.S.C. Section 105:
(Motion filed 3/28/18)
Claim No. 9 Siemens Healthcare Diagnostics, Inc. $562,524.33
FR: 5-7-18; 6-4-18; 7-9-18
Docket 527
- NONE LISTED -
Debtor(s):
Advanced Biomedical, Inc. Represented By Asa W Markel Dixon Gardner
Robert S Marticello Philip E Strok
Kyra E Andrassy
9:00 AM
Prenovost, Normandin, Bergh & Dawe - movant attorney Motion for Relief from Stay
Gateway One Lending & Finance vs. DEBTORS (Motion filed 7/11/18)
Re: 2013 Chevrolet Camaro
Docket 118
- NONE LISTED -
Debtor(s):
Deontay Daymont Potter Represented By
M. Jonathan Hayes
Joint Debtor(s):
Joy Shaun Potter Represented By
M. Jonathan Hayes
9:00 AM
Zieve, Brodnax & Steele, LLP - movant attorney Motion for Relief from Stay
Bayview Loan Servicing, LLC vs. DEBTOR (Motion filed 7/11/18)
RE: 3043 Canyon Vista Drive, Colton, CA 92324
Docket 10
- NONE LISTED -
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. Also, grant the following relief:
- Box 3. Movant, or its agents, may, at its option, offer, provide and enter into a potential forebearance agreement, loan modification, refinance agreement or other loan workout or loss mitigation agreement. Movant, through its servicing agent, may contact the Debtor by telephone or written correspondence to offer such an agreement.
9:00 AM
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Adebukola O Atolagbe Represented By Julie J Villalobos
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTORS (Motion filed 6/19/18)
(Cont. from 7/24/18)
RE: 2018 Ford Fusion, VIN 3FA6P0SU3JR136894
(Tele. appr. Sheryl Ith, rep. creditor, Ford Motor Credit Company)
Docket 12
- NONE LISTED -
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Timothy Ramos Represented By Neil R Hedtke
Joint Debtor(s):
Shawna Ann Ramos Represented By Neil R Hedtke
Movant(s):
Ford Motor Credit Company LLC Represented By
Sheryl K Ith
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTORS (Motion filed 6/15/18)
(Cont. from 7/24/18)
RE: 2017 Ford Edge, VIN 2FMPK3K99HBB69011
(Tele. appr. Sheryl Ith, rep. creditor, Ford Motor Credit Company)
Docket 10
- NONE LISTED -
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Timothy Ramos Represented By Neil R Hedtke
Joint Debtor(s):
Shawna Ann Ramos Represented By Neil R Hedtke
Movant(s):
Ford Motor Credit Company LLC Represented By
Sheryl K Ith
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 6/21/18)
(Cont. from 7/24/18)
RE: 2016 Toyota Corolla
Docket 9
- NONE LISTED -
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Edson Naim Castellanos Represented By Steven A Alpert
9:00 AM
Movant(s):
Toyota Motor Credit Corporation, Represented By
Austin P Nagel
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 6/21/18)
(Cont. from 7/24/18) RE: 2017 Toyota Camry
Docket 11
- NONE LISTED -
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Nabil Abbas Khan Pro Se
9:00 AM
Joint Debtor(s):
Aysha Yousaf Khan Pro Se
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 7/9/18)
Re: 2015 Toyota Prius
Docket 18
- NONE LISTED -
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Frederick Segoviano Aguado Represented By Brian J Horan
9:00 AM
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
American Honda Finance Corporation vs. DEBTOR (Motion filed 8/13/18)
RE: 2017 HONDA CIVIC, VIN: 2HGF C2F5 3HH5 25322
Docket 8
- NONE LISTED -
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ruben Martinez Herrera Represented By Dana Travis
9:00 AM
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
American Honda Finance Corporation vs. DEBTOR (Motion filed 7/17/18)
Re: 2017 HONDA ACCORD, VIN: 1HGC R2F3 5HA2 90730
Docket 10
- NONE LISTED -
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ruben Martinez Herrera Represented By Dana Travis
9:00 AM
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duggy & Woog - movant attorney Motion for relief from stay
Americredit Financial Services, Inc vs Debtor (Motion filed 6/28/18)
RE: 2017 Nissan Sentra, VIN 3N1AB7AP8HY337670
(Tele. appr. Sheryl Ith, rep. creditor, GM Finanical)
Docket 13
- NONE LISTED -
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) as to the estate to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter.
Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived.
Deny as moot as to the debtor in view of debtor's discharge on July 16, 2018. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Yasmina Rivas Represented By Brian J Soo-Hoo
Trustee(s):
Howard B Grobstein (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's motion filed 7/6/18 Objecting to Claim Number 13 by Claimant MCP Computers, Inc..
Docket 99
- NONE LISTED -
The Court grants the motion and subordinates Claim No. 13 pursuant to section 726(a)(3).
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Widly, Inc. Represented By
Richard R Hurley - SUSPENDED -
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman Melissa Davis Lowe
2:00 PM
Hrg. on Debtor's motion filed 7/6/18 for order disallowing claim No. 4 filed by Yun Hei shin (AKA Angie Shin)
Docket 257
- NONE LISTED -
Debtor Murray Altman ("Mr. Altman") moves for entry of an order disallowing Claim No. 4-2 filed by Angie Shin ("Ms. Shin") (the "Motion"). Ms. Shin opposes the Motion.
Mr. Altman argues in the Motion that the Court should disallow Ms. Shin’s Claim No. 4-2 (the "POC") on the ground that Desert Springs Financial, LLC ("DSF") is a party entitled to receive payments on the POC, and the POC fails to credit Mr. Altman with accrued but unpaid management fees. Mr. Altman fails to make any sufficient showing that (a) a creditor is obligated, in filing a proof of claim in a bankruptcy case, to reduce the amount of such claim that could be set off against such claim, or (b) that any such set off of accrued management fees against the POC has actually been made by Mr. Altman. Generally speaking, a set off is not self-enforcing – a party must affirmatively take action to make the set off before it actually occurs. In other words, there is no evidence that Mr. Altman has yet taken any action to effectuate this set off. The Court does not here decide the issue of whether such a set off could be made as part of a confirmed chapter 11 plan. The Court merely decides that Mr. Altman’s argument about accrued management fees is not at this time a basis for sustaining an objection to the POC.
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Mr. Altman’s second argument concerns postpetition attorney’s fees that Ms. Shin included in the POC. These fees generally relate to charges for her attorney’s bankruptcy-related services. A fair reading of this Court’s order entered February 20, 2018 (the "February Order") leads to the conclusion that this issue has already been decided by the February Order – Ms. Shin is entitled to include it in the POC. What was undecided by the February Order was Ms. Shin’s entitlement to postpetition interest and whether Ms. Shin is entitled to include in her claim the $150,000 that the state court judgment treats as a loan from DSF to Mr. Altman (which Ms. Shin is entitled to enforce under the terms of the state court judgment).
Mr. Altman’s third argument is that Ms. Shin’s claim (as evidenced by the POC) is under-secured and therefore postpetition interest should be disallowed. Ms. Shin’s POC alleges that postpetition interest amounts to $300,361.40 as of approximately March 14, 2018 (obviously, it is higher now), and this is a substantial sum and therefore an important issue in the case.
The Court finds that there are major gaps in each party’s evidence and reasoning with respect to the issue of whether the claim asserted in the POC is undersecured. Mr.
Altman’s appraisal indicates the Cathedral City property owned by DSF has a current fair market value of $1,950,000. Mr. Altman lists the full $1,950,000 amount in his analysis of the fair market value of all bankruptcy estate property yet seemingly ignores the fact that he owns only 75 percent of DSF. The Court is puzzled as to why he didn’t list 75 percent of $1,950,000. Ms. Shin argues that Mr. Altman’s monthly disability annuity of $7,500 per month is worth in the neighborhood of $900,000 based upon a 10 year life expectancy for Mr. Altman but fails to provide any evidence that a 10 year life expectancy is reasonable and fails to even state Mr. Altman’s age or to take account of any known health conditions he has. Ms. Shin alludes to the issue of discounting to present value but fails to quantify the discounting in any way. Ms. Shin correctly raises the issue of the fair market value of Mr. Altman’s golf membership in Hideaway Golf Club and refers to the possibility that the membership may be worth as much as $150,000. The Court has not heard from Mr. Altman with respect to this issue.
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Federal Rule of Bankruptcy Procedure 1009(a) gives a debtor the right to amend schedules "at any time before the case is closed." The Court is reluctant to assume that any amendment of the schedules regarding the value of Mr. Altman’s interest in DSF would be in bad faith, especially if the amendment is made based upon a recent appraisal of DSF’s property. Certainly Mr. Altman would not be the first person in history to have over-estimated the fair market value of real property owned by an entity in which he possessed an interest.
At this time the Court will not decide the issue of whether Mr. Altman is entitled to set off accrued but unpaid management fees from DSF against amounts he is required to pay DSF under the state court judgment unless it becomes essential for determining whether Ms. Shin’s claim is undersecured. The Court notes that (i) Mr. Altman’s entitlement to such management fees is being actively disputed by Ms. Shin, (ii) if such management fees could be paid, they would reduce the value of Mr. Altman’s 75 percent interest in DSF while at the same time increasing the value of the estate’s assets (by the amount of the paid fees).1 However, it seems likely the Court will need to decide the issue in connection with a plan confirmation hearing if it is not decided earlier.
This is not a "wash" because the debit is 75 percent of the amount of the fees whereas the credit is 100 percent. The Court here is loosely using the terms debit and credit, but believes this gets the point across.
For these reasons, the Court overrules Mr. Altman’s objection as to the first and second arguments discussed above and continues the hearing on the third part of the objection for additional briefing on the matters raised by the Court (and on any other issues the parties care to raise that relate to whether Ms. Shin’s claim is undersecured). The hearing is continued to September 19, 2018 at 2:00 p.m. Mr.
Altman’s brief is due August 24, 2018, Ms. Shin’s opposition is due September 7, 2018 and Mr. Altman’s reply is due September 14, 2018.
COURT TO PREPARE ORDER.
2:00 PM
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Hrg. on Desert Springs Financial, LLC Motion filed 7/3./18 to Disallow Claims Amended claim no. 4 filed by Yun Hei Shin (aka Angie Shin)
Docket 252
- NONE LISTED -
Creditor Angie Shin ("Ms. Shin") obtained a state court judgment against debtor Murray Altman ("Mr. Altman") in December 2015. Under the express terms of the judgment in Ms. Shin’s favor, Mr. Altman "is ordered to return to DSF" $428,754 in management fees he was paid by DSF, $452,642 in loan proceeds he received from DSF and $411,194.57 in proceeds from the sale of the "Cell Tower" together with interest at the rate of 10 percent per annum on these amounts. Mr. Altman was also to "pay to Ms. Shin" $15,000 in damages due to compensate Ms. Shin "for having to file amended tax returns due to Mr. Altman’s breaches of his fiduciary duty." The state court judgment also required DSF to reflect on its books that "Mr. Altman has an outstanding personal loan balance owed to DSF in the amount of $150,000."
It is obvious from the face of the state court judgment that the state court distinguished between amounts Mr. Altman was to pay to DSF and amounts he was to pay Ms. Shin. In making this distinction it is highly likely that the state court was cognizant that Mr. Altman holds 75 percent of the economic interests in DSF and Ms. Shin holds 25 percent.
Earlier in this case Ms. Shin filed Proof of Claim No. 4, and Mr. Altman objected to such claim. The Court held a hearing on the claim objection and sustained the objection in part by order entered February 20, 2018 (the "February Order"). The
2:00 PM
February Order directed Ms. Shin to file an amended proof of claim in the amount of
$1,921,444.90, which included, among other items, the $15,000 payable directly to Ms. Shin under the terms of the state court judgment and the three amounts payable to DSF described above ( $428,754, $428,754 and $411,194.57), the $150,000 referenced above, and attorney’s fees owed to Ms. Shin under a state court order or allegedly owed to Ms. Shin for bankruptcy counsel in this action (such fees totaling approximately $463,000).
Ms. Shin filed Proof of Claim 4-2 on or about March 14, 2018 based upon the state court judgment described above (the "POC") and in response to the February Order. The amount of such claim is stated as $2,769,304.20, consisting of the principal amount of $1,921,444.90 referred to in the February Order plus accrued interest thereon. In Part 1, numbered block 3 of the POC, under the question "Where should payments to the creditor be sent? (if different [from the address to which notices are to be sent]", the POC lists "Yun Hei Shin [i.e., Ms. Shin], 17716 Orna Drive, Granada Hills, CA 91344."
Desert Springs Financial, LLC ("DSF") objects to the POC on the grounds that (1) Ms. Shin lacks standing to seek enforcement of the state court judgment through the POC because such judgment awarded monetary relief to DSF, not to Ms. Shin, and
(2) Ms. Shin lacks standing to assert the claim on behalf of DSF because although she holds a 25 percent economic interest in DSF, she is not a member of DSF.
Ms. Shin opposes DSF’s objection on a variety of grounds. She contends that the February Order has already disposed of the issues DSF is raising and that it is now clearly established (presumably through the doctrine of law of the case, although that is not expressly mentioned) that Ms. Shin has the right under the state court judgment to assert and enforce DSF’s right to collect monetary damages from Mr. Altman.
The Court largely, but not entirely, agrees with Ms. Shin’s contentions. Th February Order certainly determined that the state court judgment gave Ms. Shin the right to enforce DSF’s right to monetary damages from Mr. Altman. It is a very good inference that the state court knew Mr. Altman was in full control of DSF and that if
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DSF’s right to collect was only enforceable by DSF (controlled by Mr. Altman), the money may never have been paid. So the state court made sure that it was Ms. Shin who had the right to enforce DSF’s right to receive money damages from Mr. Altman. It follows from this that Ms. Shin has standing to assert DSF’s rights with respect to DSF’s right to obtain payment from Mr. Altman. Ms. Shin is also correct that the February Order has already disposed of this issue.
However, the February Order never addressed the actual mechanics in this bankruptcy case of Ms. Shin’s enforcement of these rights of DSF. The parties did not address the actual mechanics nor did the Court consider them. These "mechanical issues" include matters such as to whom a distribution check under a confirmed chapter 11 plan is payable, the address to which such check should be sent, and similar matters. In this regard, the Court notes that this has been a bankruptcy case in which Mr.
Altman and Ms. Shin have vigorously contended with one another (to say the least) and that such behavior is likely to continue in the future.
To safeguard the rights of Ms. Shin to ensure that Mr. Altman actually pays DSF pursuant to any chapter 11 plan the Court confirms in this case (as he is required to do under the express terms of the state court judgment) and to safeguard Mr. Altman’s rights that Ms. Shin does not exercise undue control over funds paid by Mr. Altman under a chapter 11 plan intended to go to DSF, the Court now rules as follows:
To the extent a payment under a confirmed chapter 11 plan of the POC is in full or partial satisfaction of that portion of the state court judgment where monetary damages are payable to DSF (enforceable by Ms. Shin) or in full or partial satisfaction of accrued interest thereon, the check shall be made payable to DSF or its order and mailed to DSF at its principal place of business. On the same day that such check is mailed to DSF (or, if not mailed, delivered to DSF), Ms. Shin must be mailed a copy of such check. Within 45 days after the date of mailing, Ms. Shin shall be provided with a photocopy of each of the following: both sides of the check, the bank statement for the bank account on which the check was drawn showing that such bank debited Mr. Altman’s account by the amount of money shown on the check and the DSF bank statement showing that the amount of money shown on the check was
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actually deposited into DSF’s bank account. Additionally, Ms. Shin must be given enforcement rights under any chapter 11 plan giving her the right to seek appropriate relief in this Court should any of these rules not be complied with by Mr. Altman.
For the avoidance of doubt, the portion of the state court judgment consisting of monetary damages payable to DSF is the sum of $428,754, $428,754 and $411,194.57 plus $150,00 if the Court determines that this $150,000 is allowable as a claim, plus accrued interest on all these amounts.
DSF’s objection to the POC is sustained in part and overruled in part. COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Hrg. on approval trustee's final report and applications for compensation (Cont. from 7/24/18)
Docket 47
- NONE LISTED -
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$3,050.
The compensation is approved as to the Trustee's attorneys, with fees in the amount of $5,000 (already paid).
The compensation is approved as to the Trustee's accountants, with fees in the amount of $1,000.
The Court approves a payment of $829.28 to the Franchise Tax Board. CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
2:00 PM
Debtor(s):
Prime Steaks and Spirits, Inc. Represented By Todd L Turoci
Misty A Perry Isaacson
Trustee(s):
Arturo Cisneros (TR) Represented By
Misty A Perry Isaacson
2:00 PM
Hrg. on Debtor's Motion to Convert Case to Chapter 13
Docket 44
- NONE LISTED -
The Court grants the Chapter 7 trustee's request for judicial notice with respect to Schedules I and J. These schedules show Debtor has zero regular income. The evidence also shows bad faith on the Debtor's part, in that Schedule J shows zero expenses. Additionally, Debtor failed to disclose two parcels of real property the Trustee seeks to administer. Debtor's motion is denied with prejudice on these grounds.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Andrew Smith Represented By Bosky Kathuria
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
Hrg. on Chaper 7 Trustee's Motion filed 7/12/18 Objecting to Debtor's Exemption
Docket 46
- NONE LISTED -
The Court grants the trustee's motion and limits the requested homestead exemption to the extent of $75,000.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Andrew Smith Represented By Bosky Kathuria
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
Hrg. on Application to Employ Coldwell Banker Residential Brokerage and RE/MAX Full Spectrum as Real Estate Broker and pay commission from sale of real property
Docket 42
- NONE LISTED -
The Court grants the application.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Andrew Smith Represented By Bosky Kathuria
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
Hrg. on approval of trustee's final report; applications for compensation EH
Docket 0
- NONE LISTED -
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$255.75 and expenses in the amount of $28.60.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
OSCAR LEON Represented By Mark D Edelbrock
2:00 PM
Joint Debtor(s):
CARMEN AYALA Represented By Mark D Edelbrock
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Hrg re. Debtors' Motion re: objection to claim no 25 filed by Claimant Environmental Chemical & Consulting, Inc
(Cont. from 7/24/18)
Docket 92
NONE LISTED -
NONE LISTED -
Debtor(s):
Deontay Daymont Potter Represented By
M Jonathan Hayes
Joint Debtor(s):
Joy Shaun Potter Represented By
M Jonathan Hayes
Movant(s):
Deontay Daymont Potter Represented By
M Jonathan Hayes
Joy Shaun Potter Represented By
M Jonathan Hayes
2:00 PM
Hrg. on Motion Of United States Trustee filed 7/12/18 For an Order Disgorging Fees, Assessing Damages, And Imposing Fines Against Bankruptcy Petition Preparers Absalom "Abe" Gomez and Gomez Legal Services Pursuant to 11
U.S.C. 110
Docket 14
- NONE LISTED -
The Court grants the motion in part, as follows.
The Court will order Mr. Gomez to disgorge $820.00 in fees paid by Debtors, pay
$2,000 in statutory damages, and pay fines of $1,200 ($100 per violation).
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Bruce David Cooke Sr Pro Se
Joint Debtor(s):
Yvette Marie Cooke Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Hrg. on United States Trustee Motion filed 6/27/28 Motion For An Order To Show Cause Why Star Miller Should Not Be Held In Contempt Of Court Pursuant To 11 U.S.C. § 105 And Federal Rule Of Bankruptcy Procedure 9020
(Cont. from 7/31/18)
Docket 57
NONE LISTED -
NONE LISTED -
Debtor(s):
Sergio Enrique Quntanilla Merlos Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg. on Interim Application filed 6/29/18 for Approval of Fees and Reimbursement of Expenses by The Turoci Firm, Attorneys for Robert & Sharon Phelps Debtor's Attorney, Period: 6/26/2017 to 6/18/2018, Fee: $32,650.00, Expenses: $577.65.
(Cont. from 7/31/18)
Docket 96
NONE LISTED -
Grant the application and allow on an interim basis:
Attorneys' fees: $32,650.00 Attorneys' expenses: $577.65
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Robert Kenneth Phelps Represented By Todd L Turoci Marc Rosenthal
Joint Debtor(s):
Sharon Lee Phelps Represented By Todd L Turoci
2:00 PM
Hrg. on Adriana Estevez' Motion filed 7/3/.18 for voluntary dismissal of chapter 7 case due to a possible financial conflict of interest 28 U.S.C. §455
(Cont. from 7/31/18)
Docket 64
NONE LISTED -
Deny for lack of evidence and improper service.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Enriquez Q Amezcua Represented By Caroline S Kim
Trustee(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
2:00 PM
Hrg. on Debtor's Motion filed 7/3/18 to be Relieved of a Reaffirmation Agreement under FRBP 9024 and FRCP 60
(Cont. from 7/31/18)
Docket 16
NONE LISTED -
Grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Dane Dettorre Represented By Todd L Turoci
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg. on Interim Application filed 6/29/18 for Approval of Fees and Reimbursement of Expenses by The Turoci Firm, Attorneys for Flem and Lydia McMillan
(Cont. from 7/31/18)
Docket 70
NONE LISTED -
Grant the application and allow on an interim basis:
Attorneys' fees: $25,902.50 Attorneys' expenses: $1,116.29
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Flem Earl McMillan Represented By Todd L Turoci Todd L Turoci
Joint Debtor(s):
Lydia Ventura McMillan Represented By Todd L Turoci Todd L Turoci
2:00 PM
Hrg. on Debtors' Motion filed 3/12/18 to Convert Case From Chapter 7 to 13 (Cont. from 7/31/18)
Docket 41
NONE LISTED -
The Court will sustain the evidentiary objections to the Declaration of Ms. Villalobos.
FRBP 9024 makes it clear that FRCP 60 applies, with certain exceptions, to cases under the Bankruptcy Code. One of the those exceptions encompasses a "complaint to revoke a discharge."
The Court agrees with the Trustee's analysis of Estrada and the facts in that case that distinguish it from the facts in this case.
The Court also agrees with the Trustee's additional arguments in his brief.
For these reasons, the Court denies Debtor's motion to conver this case to Chapter 7. CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Daniel L Horkey Represented By Julie J Villalobos
Joint Debtor(s):
Carmela Horkey Represented By
2:00 PM
Trustee(s):
Julie J Villalobos
Robert Whitmore (TR) Represented By Franklin C Adams Caroline Djang
9:00 AM
Adv#: 8:17-01082 Blue Light Capital Corp v. Bian
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint Objecting To Proof Of Claim Filed By The Creditor Wenqiang Bian; To Determine Amount Of Creditor's Lien; Declaratory Relief; And Reformation Of Trust Deed And Promissory Note; And Damages
(Complaint filed 5/24/17)
(First Amended Complaint filed 6/23/17)
(Another Summons issued on Counter-Claim 7/10/17) (PTC set at S/C held 11/29/17)
FR: 8-30-17; 9-27-17; 11-29-17; 6-6-18
Docket 3
- NONE LISTED -
Debtor(s):
Blue Light Capital Corp Represented By Alan M Lurya
Defendant(s):
Wenqiang Bian Pro Se
Plaintiff(s):
Blue Light Capital Corp Represented By Alan M Lurya
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 12/27/16)
FR: 3-8-17; 8-2-17; 11-29-17; 3-28-18
Docket 0
Debtor's status report was very informative and helpful to the Court. The Court will inquire whether the U.S. Trustee has any comments or concerns regarding implementation of the confirmed Chapter 11 plan.
Next status conference: December 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
9:00 AM
Hearing RE: Debtor QDOS Inc's Motion To Dismiss Involuntary Petition And Request For Costs, Fees And Damages
(Motion filed 6/22/18)
Docket 7
Petitioners Carl Wiese, as trustee for the Wiese Family Trust dated as of October 31, 2013, Matthew Hayden and Felice Terrigno filed an involuntary chapter 11 petition (the "Petition") against QDOS, Inc. ("QDOS") on May 31, 2018. QDOS responded to the petition by filing a Notice of Motion and Motion to Dismiss Involuntary Petition and Request for Costs, Fees and Damages (the "Motion") on June 22, 2018. The Motion argues that the Petition fails to meet the requirements for commencing an involuntary bankruptcy case set forth in 11 U.S.C. § 303(b)(1) because one of the three petitioners, namely, Terrigno, does not hold a claim as to which there is no bona fide dispute. Accordingly, QDOS argues, the bankruptcy case should be dismissed.
Petitioners oppose the Motion on a variety of grounds, including a contention that Terrigno holds a claim not subject to any bona fide dispute and that the Motion cannot be entertained by the Court because QDOS has not filed a list of all creditors pursuant to Federal Rule of Bankruptcy Procedure 1003(b).
Because materials extrinsic to the pleadings have been proffered by both petitioners and QDOS, the Court will treat the Motion as a "speaking motion" under Rule 12 and will consider such materials to the extent permitted by the Federal Rules of Evidence.
The evidence before the Court shows that QDOS has 12 or more creditors. Declaration of Richard Gillam at numbered paragraph 6. Thus, 11 U.S.C. § 303(b)
(2) – which permits an involuntary petition to be filed by only one qualifying
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creditor – does not apply. Instead, the Motion will be decided under 11 U.S.C. § 303(b)(1), which requires that at least three creditors, each of whom holds a claim that is not subject to a bona fide dispute, join in the involuntary petition.
The burden is on the petitioning creditors to show that no bona fide dispute exists. Liberty Tool v Vortex Fishing Sys. (In re Vortex Fishing Sys.), 277 F.3d 1057, 1064 (9th Cir. 2001). The test for whether a bona fide dispute exists is objective rather than subjective in nature: "If there is either a genuine issue of material fact that bears upon the debtor’s liability, or a meritorious contention as to the application of law to undisputed facts, then the petition must be dismissed." B.D.W. Assoc. v. Busy Beaver Bldg. Ctrs., Inc., 865 F.2d 65, 66-67 (3d Cir. 1989).
Petitioners’ objection to QDOS’s request for judicial notice is sustained in part and overruled in part. The Court grants QDOS’s request for judicial notice as to exhibits 2 and 3 attached to the request. The Superior Court’s filing stamp proves up the authenticity of these documents and establishes the fact of their filing. The Court denies the request as to Exhibit 1. However, the material in exhibit 1 to the request for judicial notice is also set forth in an exhibit to the Declaration of Richard Gillam and is admitted into evidence for that reason.
Petitioners contend that Terrigno holds a claim against QDOS in the form of a
$60,000 loan but offer scant evidence to support that contention. They offer into evidence (attached to the Terrigno Declaration) a copy of an Offering Memorandum with respect to a Venture Debt Offering. This is essentially a blank copy that nowhere bears either Terrigno’s name or signature. It is virtually devoid of probative value.
Terrigno’s Declaration asserts that Terrigno made a $60,000 loan to QDOS, but no promissory note or other written evidence of indebtedness is provided to the Court. The Terrigno Declaration attaches an email from Richard Gillam (QDOS’s CEO) to Felice Terrigno, dated February 27, 2018, expressing his support for Terrigno’s "support and patience" and stating "there is zero debate nor question on our side that you’re owed $60K (plus interest in both cash and equity)." This is perhaps the most persuasive of petitioner’s evidence that Terrigno really did make a loan to QDOS.
9:00 AM
QDOS strongly denies that it received a loan of $60,000 from Terrigno. In support, QDOS offers the Declaration of Richard Gillam, stating that Terrigno entered into an agreement with QDOS to subscribe for shares in the company, not to make a loan to the company. Attached as an exhibit to the Gillam Declaration is a barely-legible photocopy of the stock subscription agreement, which appears to state Terrigno’s name in print, bears Terrigno’s signature and shows consideration of $60,000 being paid by Terrigno for the shares.
As the Court analyzes the evidence, the self-serving declarations of the parties (minus the evidence set forth in the exhibits to those declarations) essentially cancel each other out. The stock subscription agreement referenced above has greater probative force that Gillam’s email to Terrigno, although just by a small margin. Nevertheless, this small margin is decisive because petitioners have the burden of proof by a preponderance of the evidence, and in the Court’s view the preponderance of the evidence favors QDOS for the reasons stated above.
Petitioners contend that they are entitled to a list of QDOS’s creditors, and that QDOS is required by the Bankruptcy Code and Rules to file schedules showing such creditor list.
Federal Rule of Bankruptcy Procedure 1003(b) requires a debtor in an involuntary case to file a list of creditors with its answer. Here, QDOS has not yet filed an answer, so no such list is yet required to be filed. Instead, QDOS has elected to file a motion to dismiss the case. Such a motion is expressly permitted under Federal Rule of Bankruptcy Procedure 1011, which by its express terms permits either a "pleading" or a "motion" to be filed by a debtor who wishes to oppose the filing of an involuntary petition. Rule 1011(c) states that "[s]ervice of a motion under Rule 12(b) F.R.Civ. P. shall extend the time for filing and serving a responsive pleading as permitted by Rule 12(a) F.R.Civ.P." Under Rule 12(a)(4), the filing of a motion to dismiss delays the time for filing an answer until after the Court has ruled on the motion to dismiss.
Putting all this together, the time for filing a list of creditors has not yet arrived because the Court has not yet entered an order ruling on the Motion.
9:00 AM
It is true that Rule 1003(b) provides that if it appears that there are 12 or more creditors as provided in § 303 of the Code, the court shall afford a reasonable opportunity for other creditors to join in the petition before a hearing is held thereon. The Court’s view is that it has provided such other creditors will the required "reasonable opportunity." The Motion was filed on June 22, 2018. Creditors have had more than five weeks to join in the petition – a substantial period of time. The Court’s proceedings are not conducted in secrecy – its dockets and records are open to public inspection. Most important of all, QDOS’s Motion is a "contested matter" under Federal Rule of Bankruptcy Procedure 9014, and petitioners had almost a full panoply of discovery procedures available to them to obtain a creditor’s list from QDOS. Petitioners had more than five weeks to conduct such discovery. For this reason, they cannot now complain about the absence of a creditor’s list.
For these reasons, the Court grants the Motion and dismisses this involuntary chapter 11 case.
Pursuant to 11 U.S.C. § 303(i)(1), the Court awards reasonable attorney’s fees and costs to QDOS. The Court declines to award other actual damages or punitive damages. On or before August 31, 2018 QDOS shall file a declaration describing and itemizing its attorney’s fees and costs incurred in connection with this involuntary chapter 11 case together with a form of judgment.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
QDOS, Inc Represented By
Damian D Capozzola
9:00 AM
Adv#: 8:18-01084 Modern VideoFilm, Inc. v. Barkat et al
STATUS CONFERENCE Hearing RE: First Amended Complaint For Judgment:
Compelling Turnover Of Estate Property;
For Conversion
Avoiding Fraudulent Transfers;
Recovering Avoided Transfers;
Breach of Fiduciary Duty/Defalcation; And;
Injunctive Relief (Complaint filed 5/16/18)
(First Amended Complaint filed 6-5-18)
Docket 1
- NONE LISTED -
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
Defendant(s):
Moshe Barkat Pro Se
Modern VideoFilm Holdings, LLC Pro Se Sidan Engineering, L.P. Pro Se
Sivan Barkat Sherman Pro Se
Danielle Barkat Turner Pro Se
Deborah Barkat Pro Se
9:00 AM
Plaintiff(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
Adv#: 8:17-01195 Official Committee Of Unsecured Creditors v. Oracle America, Inc.,
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 3-28-18; 5-9-18
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Oracle America, Inc., successor in Represented By
Jeannie Kim
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Hearing RE: Motion To Vacate Dismissal And Extend The Time To File Necessary Documents
(Motion filed 7/26/18)
(Set per OST Entered 8/3/18)
Docket 18
Debtor(s):
Shakeel Ahmed Represented By Bahram Madaen
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 7-11-18
Docket 3
- NONE LISTED -
Debtor(s):
Danny Garza Represented By
Anerio V Altman
Joint Debtor(s):
Roxanne Garza Represented By Anerio V Altman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 7-11-18
Docket 2
- NONE LISTED -
Debtor(s):
Julie D Bentley Represented By Bryn C Deb
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 7-11-18
Docket 13
- NONE LISTED -
Debtor(s):
Elizabeth Martin Represented By Amanda G Billyard
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Teresa Ruiz Represented By
Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 11
- NONE LISTED -
Debtor(s):
Felix Castellanos Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Samson E. Lakei Represented By
James D. Hornbuckle
Joint Debtor(s):
Sonya S. Lakei Represented By
James D. Hornbuckle
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 1/2/18) (Opposition filed 1/11/18) FR: 4-11-18; 5-9-18; 7-11-18
Docket 88
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jann Kempton Represented By David R Chase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion Under Local Bankruptcy Rule 3015-1 (n) And (w) To Modify Plan Or Suspend Plan Payments
(Motion filed 6/22/18) (Set per Notice of Hearing filed 7/5/18)
Docket 110
Deny motion to modify for the reasons stated by the Chapter 13 Trustee in Trustee's Comments on or Objection.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jann Kempton Represented By David R Chase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Debtor's Objection To Claim:
(Motion filed 6/19/18)
Claim No. 7 The Bank Of New York Mellon $726,330.00 fka The Bank Of New York, As Trustee
(CWMBS 2007-HYB1)
c/o Bayview Loan Services, LLC
Docket 30
Grant motion, sustain objection and disallow Claim No. 7 in its entirety.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Vanessa Patricia Martinez Represented By Javier H Castillo
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Debtor's Objection To Claim:
(Motion filed 6/20/18)
Claim No. 6 LVNV Funding, LLC $3,401.37 Its Successors And Assigns As Assignee Of
Vion Holdings LLC
Docket 32
Grant motion, sustain objection and disallow Claim No. 6 of LVNV Funding, LLC in its entirety.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Vanessa Patricia Martinez Represented By Javier H Castillo
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 7/12/18) (Response filed 7/25/18) (Notice of Hearing filed 7/25/18)
Docket 179
The Court will inquire of the Chapter 13 Trustee whether the Debtor is now current on plan payments.
Debtor(s):
James Jinwoo Kim Represented By Amanda G Billyard Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 7/12/18)
(Notice of Hearing and Opposition filed 7/25/18)
Docket 97
- NONE LISTED -
Debtor(s):
Ronny Dennis Morgan Represented By Matthew D. Resnik
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 6:16-01299 BioData Medical Laboratories, Inc. v. Merchant Cash & Capital, LLC.
PRE-TRIAL CONFERENCE re: Complaint by BioData Medical Laboratories, Inc. against Merchant Cash & Capital, LLC.. (Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(72 (Injunctive relief - other)),(91 (Declaratory judgment))
(Con't from 3/29/18)
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan
Defendant(s):
Merchant Cash & Capital, LLC. Pro Se
Plaintiff(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 3/29/18)
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
WHAA LLC Represented By
M Jonathan Hayes
9:00 AM
Adv#: 6:16-01165 Hinshaw-Thomas v. KABIR
PRE-TRIAL CONFERENCE re: Complaint by Janet Hinshaw-Thomas against Homayun Kabir. false pretenses, false representation, actual fraud)) (Brown, Tyler)
(Cont. from 4/26/18)
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
HOMAYUN KABIR Represented By Mark D Edelbrock
Defendant(s):
HOMAYUN KABIR Pro Se
Plaintiff(s):
Janet Hinshaw-Thomas Represented By Tyler H Brown
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Adv#: 6:18-01122 First National Bank Of Omaha v. Lagman
STATUS CONFERENCE re: Complaint by First National Bank Of Omaha against Khatu Kate Lagman. false pretenses, false representation, actual fraud))
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Khatu Kate Lagman Represented By
Diane M Singleton-Smith
Defendant(s):
Khatu Kate Lagman Pro Se
Plaintiff(s):
First National Bank Of Omaha Represented By Cory Rooney Cory J Rooney
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Adv#: 6:17-01271 United States Trustee for the Central District of v. Ashcraft et al
Status Conference re: Complaint for Disgoregement of Fees, Civil Penalties, Sanctions, and Declaratory, Injunctive, and other relief
Docket 0
NONE LISTED -
The Court will issue an amended scheduling order:
All non-expert discovery shall close on September 30, 2018.
All expert discovery shall close on November 30, 2018.
All discovery motions shall be heard before December 31, 2018.
All pretrial motions shall be heard before January 31, 2019.
Pretrial conference is set for March 14, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Mary Ann Gilmore Represented By Patricia M Ashcraft
Defendant(s):
Patricia M Ashcraft Represented By Todd L Turoci
9:00 AM
The Law Offices of Gregory C. Represented By Todd L Turoci
Plaintiff(s):
United States Trustee for the Central Represented By
Mohammad Tehrani Abram Feuerstein esq Neil Verbrugge
Trustee(s):
Karl T Anderson (TR) Pro Se
2:30 PM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Alaska USA Federal Credit Union, in the amount of $25,712.87
Re: 2013 Lexus RX 350
Docket 14
NONE LISTED -
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor.
COURT TO PREPARE ORDER.
Debtor(s):
Bryan Lee Formby Represented By
James D. Hornbuckle
Joint Debtor(s):
Nikola Karln Formby Represented By
James D. Hornbuckle
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:30 PM
Hrg. on approval of Reaffirmation Agreement filed 7/3/18 Between Debtor and American Honda Finance Corporation, in the amount of $6,840.45
Re: 2016 Honda Civic
Docket 12
NONE LISTED -
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor.
COURT TO PREPARE ORDER.
Debtor(s):
Sandra Carolina Escobar Represented By
Carlos A Delgado Ibarcena
Trustee(s):
Larry D Simons (TR) Pro Se
2:30 PM
Hrg. on approval of Reaffirmation Agreement Between Debtor and SchoolsFirst FCU, in the amount of $12,688.38
Re: 2012 Subaru Outlook
Docket 16
NONE LISTED -
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Bruce David Cooke Sr Pro Se
Joint Debtor(s):
Yvette Marie Cooke Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
2:30 PM
Hrg. on approval of Reaffirmation Agreement Between Debtor and SchoolsFirst FCU, in the amount of $14,638.76
Re: 2014 Subaru Legacy
Docket 17
NONE LISTED -
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Bruce David Cooke Sr Pro Se
Joint Debtor(s):
Yvette Marie Cooke Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
2:30 PM
Hrg. on approval of Reaffirmation Agreement filed 6/29/18 between Debtor and Alaska USA Federal Credit Union, in the amount of $17,683.81
Re: 2015 Jeep Patriot
Docket 15
NONE LISTED -
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Michelle Barela Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
2:30 PM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Cab West, LLC, in the amount of $3,560.14
Re: 2016 Ford Focus
Docket 14
NONE LISTED -
NONE LISTED -
Debtor(s):
Timothy Ramos Represented By Neil R Hedtke
Joint Debtor(s):
Shawna Ann Ramos Represented By Neil R Hedtke
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Hrg. on Debtors' Emergency motion Debtor's Emergency Motion For Order Authorizing Payment And Honoring Of Prepetition Payroll Obligations
Docket 4
Debtor(s):
Littlefield Physical Therapy, Inc. Represented By
Evan L Smith
10:00 AM
Evidentiary Hearing RE: The Following Issues:
The Issue Of Whether The Involuntary Petition In This Case Was Filed In Bad Faith.
Additional The Issue Will Be Whether And To What Extent The Creditors Who Are On The List Of Petitioning Creditors Should Be Held To Be Jointly And Severally Liable For Actual And Punitive Damages To QDOS In The Event The Court Determines That The Petition Was Filed In Bad Faith.
(Set per Order Entered 8-8-18)
Docket 35
Debtor(s):
QDOS, Inc Represented By
Damian D Capozzola
9:00 AM
Motion for relief from stay [Real Property]
JPMorgan Chase Bank, National Association vs. DEBTOR (Motion filed 7/16/18)
[RE: 104 Orchard, Irvine, CA 92618]
Docket 148
Grant request under section 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Steven Allen Frey Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
U.S. Bank NA, Successor Trustee To Bank Of America, NA , Successor In Interest To LaSalle Bank NA, As Trustee, On Behalf Of The Holders Of The WaMu Mortgage Pass-Through Certificates, Series 2007-OA6, Its Assignees And/Or successors vs. DEBTORS
[RE: 6091 Ivory Circle, Huntington Beach, CA 92647]
Docket 32
Grant under section 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Douglas James Bettencourt Represented By William Huestis
Joint Debtor(s):
Pamela Jeanne Bettencourt Represented By William Huestis
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
1200 North Homeowners Assocation vs. DEBTOR (Motion filed 5/14/18)
[RE: 1200 North Flores Street, Unit 214, West Hollywood, California 90069]
FR: 7-9-18; 8-27-18
Docket 53
- NONE LISTED -
Debtor(s):
Bette Mae Doremus Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]
Vaselyos Petros Kapetanios vs. DEBTOR (Motion filed 4/12/18)
[RE: Case Name: Vaselyos Petros Kapetanios v. Goody's Cafe, et al.] [Docket Number: ADJ10338379]
[Pending In: Department Of Worker's Compensation Board, San Diego]
FR: 5-7-18; 6-4-18; 7-23-18
Docket 15
The Court will inquire whether the Worker’s Compensation Board will accept liability for the underlying claim.
Debtor(s):
Wael Ali Represented By
Ricardo Nicol
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Partners Federal Credit Union vs. DEBTORS (Motion filed 8/3/18)
[RE: 2009 Ford Ranger - VIN No.: 1FTYR10D09PA63153]
Docket 24
Grant under section 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Peggy McWilliams Lawson Represented By Douglas L Weeks
Joint Debtor(s):
George Morris Lawson Represented By Douglas L Weeks
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Partners Federal Credit Union vs. DEBTORS (Motion filed 8/3/18)
[RE: 2015 Honda Accord - VIN No.: 1HGCR2F5XFA176950]
Docket 25
Grant under section 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Peggy McWilliams Lawson Represented By Douglas L Weeks
Joint Debtor(s):
George Morris Lawson Represented By Douglas L Weeks
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Basho Technologies Holdco B, LLC, Basho Technologies Holdco C, LLC, Basho Technologies Holdco E, LLC, Hunoby Enterprises, LLC and Earl P. Galleher, III vs. DEBTOR
(Motion filed 7/20/18)
[RE: Case Name: Basho Technologies Holdco B, LLC, et al. v. Georgetown Basho Investors, LLC, et al.]
[Docket Number: 11802-VCL]
[Pending In: Court Of Chancery Of The State Of Delaware]
Docket 54
Grant under section 362(d)(1).
Further grant annulment and other requestest extraordinary relief. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Chester C Davenport Represented By Jing Wang
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
9:00 AM
Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 7/17/18)
[RE: 2016 Toyota Camry - VIN No.: 4T1BF1FK9GU594107]
Docket 11
Grant under section 362(d)(1) and (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Julie Annette Cava Represented By Brian J Soo-Hoo
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Reverse Mortgage Solutions, Inc., A Servicer For Finance Of America Reverse,
LLC vs. DEBTOR
(Motion filed 7/24/18)
[RE: 6572 Abbott Drive, Huntington Beach, CA 92647]
Docket 16
Grant under section 362(d)(4) only.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Dennis Michael Justiniani Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
U.S. Bank National Association, As Trustee For Citigroup Mortgage Loan Trust Inc., Mortgage Pass-Through Certificates, Series 2005-2 vs. DEBTORS (Motion filed 7/24/18)
[RE: 455 Water Street, Celebration, Florida 34747]
Docket 9
Grant under section 362(d)(2) only.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Melissa P Sable Pro Se
Joint Debtor(s):
Jason M Sable Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 7/30/18)
[RE: 2016 Toyota Highlander - VIN No.: 5TDJKRFH9GS317704]
Docket 9
Grant under section 362(d)(1) and (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Daniel Gregory Represented By Gary Polston
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate (Motion filed 8/6/18)
[RE: 729 Weelo Drive, Costa Mesa, CA 92627]
Docket 10
Motion granted.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Brenda Carol Kittle Represented By Joseph A Weber
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Motion For: (1) Order Extending Deadline For Filing A Motion To Dismiss Pursuant To 11 U.S.C. Section 707(b) For The Office Of The United States Trustee And All Creditors; (2) Order Extending Deadline For Filing An Adversary Complaint Pursuant To 11 U.S.C. Section 727, For The Office Of The United States Trustee, Chapter 7 Trustee And All Creditors; And 93) Order Extending Deadline For Filing An Adversary Complaint Pursuant To 11 U.S.C.
Section 523 For All Creditors (Motion filed 7/20/18)
Docket 52
The Court grants the motion.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Chester C Davenport Represented By Jing Wang
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
2:00 PM
Hearing RE: Debtor's Motion For Order Disallowing Disputed Scheduled Claim Transferred To Moshe Barkat Via Docket No. 65 Pursuant To 11 U.S.C. Section 502(d)
(Motion filed 7/25/18)
Docket 105
Modern Videofilm, Inc.’s Request for Judicial Notice is granted.
Moshe Barkat ("Mr. Barkat") acquired a general unsecured claim (the "Claim") against debtor Modern Videofilm, Inc. ("Debtor") in the amount of $32,240.65 by purchase from Alt Systems, Inc. on or about June 26, 2018. In Adversary Proceeding No. 8:18-ap-0184-MW (the "Adversary Proceeding"), Debtor’s First Amended Complaint alleges various causes of action against Mr. Barkat for avoidance of transfers actually or constructively made by Debtor to Mr. Barkat. The First Amended Complaint generally alleges that such transfers are avoidable under 11 U.S.C. §§ 544 and 548.
In the matter now before the Court, Debtor moves the Court (the "Disallowance Motion") to disallow the Claim under the authority of 11 U.S.C. § 502(d). Mr. Barkat opposes the Disallowance Motion largely on the ground that it is premature.
11 U.S.C. § 502(d) provides as follows in relevant part:
. . . the court shall disallow any claim of any entity . . . that is a transferee of a transfer avoidable under section . . . 544, . . . 548 . . . unless such entity or transferee has paid the amount, or turned over any such property, for which such entity is liable under section 522(i), 542, 543, 550 or 553 of this title."
2:00 PM
At this point in time, the Adversary Proceeding remains a matter in litigation, with the Court not yet having made any determination that any of the causes of action are meritorious or unmeritorious.
Debtor argues in the Disallowance Motion that the mere allegation in the Adversary Proceeding that Mr. Barkat has been the recipient of a transfer avoidable under section 544 or section 548 is sufficient for the Court to reach a finding that the Claim should be disallowed under the authority of section 502(d). Debtor’s fallback position is that even if a mere allegation of these matters is insufficient to carry the day under section 502(d), a prima facie showing that Mr. Barkat has received a transfer avoidable under section 544 or 548 would certainly suffice, and that Debtor has already made such a showing.
An important case cited by Debtor is Committee of Unsecured Creditors v. Commodity Credit Corp. (In re K.F. Dairies, Inc.), 143 B.R. 734 (B.A.P. 9th Cir. 1992) where the United States Bankruptcy Appellate Panel of the Ninth Circuit (the "BAP") held that even a preference action barred by the statute of limitations could serve as a predicate for disallowing a claim under section 502(d). On first impression, it might seem as if this case carries the day for Debtor—after all, if a time-barred preference action suffices to disallow a claim under section 502(d), why wouldn’t a mere allegation of a fraudulent transfer action that is not time-barred also suffice?
Closer inspection, however, shows a disconnect in this logic. K.F. Dairies makes it clear that the time-bar of the preference action in that case is irrelevant because "statutory limitations periods generally have no application to offsetting counterclaims and other matters of defense, as opposed to actions seeking affirmative relief . . ." 143
B.R. at 736. Every indication in the case is that all the elements of a preference-based cause of action were clearly present, with the only uncertainty being the effect of a time-bar. On remand from the BAP, the creditors’ committee who had objected to Commodity Credit Corporation’s claim likely still would have to show all the elements of a preference (minus the statute of limitations).
This conclusion is buttressed by the opinion of the United States Court of Appeals for
2:00 PM
the Ninth Circuit (the "Ninth Circuit") in El Paso v. America West Airlines, Inc. (In re America West Airlines, Inc.), 217 F.3d 1161 (9th Cir. 2000). In that case, the debtor airline objected to the City of El Paso’s claim under section 502(d). The debtor contended that El Paso held a tax lien that was avoidable under 11 U.S.C. § 545 (statutory lien not enforceable against a bona fide purchaser), thus laying the groundwork for disallowance under section 502(d). The bankruptcy court agreed with the debtor, and the district court affirmed.
The Ninth Circuit’s analysis begins with the Ninth Circuit raising the question of whether El Paso’s lien was truly avoidable under section 545:
In order for the City’s claim to be disallowed under § 502(d), the initial question is whether the City is a transferee of a transfer avoidable under § 545. (underscoring added by this Court)
The Ninth Circuit then launched into a full-blown analysis of whether El Paso’s claim was in fact avoidable under section 545, discussing Texas tax lien law, citing a Texas statute and citing a Fifth Circuit case having a bearing on the topic. All this analysis and discussion would have been wholly unnecessary if the Ninth Circuit believed, as Debtor contends, that a mere allegation or a mere prima facie showing of an avoidable transfer is sufficient to trigger the application of section 502(d). The clear implication is that a showing that a transfer is avoidable must be made before a claim can be disallowed under section 502(d).
This interpretation is supported by certain statements made by the court in In re Moore, 2005 WL 2416826 (D. Or., Sept. 30, 2005). In that case, the district court cited McLean Indus., Inc., 196 B.R. 670, 676-77 (S.D.N.Y. 1196) for the proposition that "the fact that the bankruptcy court could not order affirmative relief because avoidance claim was time-barred did not impact the court’s power to determine that a transfer was avoidable and grant partial relief under § 502(d)" (underscoring added by this Court). Thus, even though the avoidance claim was time-barred, the bankruptcy court still had to determine that the underlying transfer was avoidable before it could reach the conclusion that the subject claim could be disallowed under
2:00 PM
section 502(d) – and the bankruptcy court had the power to do so.
Neither the Ninth Circuit nor the BAP cases cited above refer to a prima facie showing rule, and the Court is reluctant to adopt such a rule here or to find that Debtor has made such a showing. Although the Court agrees that an actual judgment in the Adversary Proceeding in favor of Debtor is not necessarily required before the Claim can be disallowed under section 502(d), suffice it to say that Debtor has not here made a sufficient showing that Mr. Barkat received a transfer avoidable under section 544 or 548 such as to warrant disallowance of the Claim.
The Court denies the Motion without prejudice.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
2:00 PM
Hearing RE: Motion Of United States Trustee To Determine Whether Compensation Paid To Counsel Was Excessive Under 11 U.S.C. Section 329 And F.R.B.P. 2017 And To Order Counsel To File A 2016(b) Statement (Motion filed 7/18/18)
Docket 14
- NONE LISTED -
Debtor(s):
Celso Ponce Ortiz Represented By Ashishkumar Patel
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
McCarthy & Holthus, LLP - movant's attorney Motion for Relief from Stay
Finance of America Reverse LLC vs. Debtor (Motion filed 10/18/2017)
RE: 225 Birchwood Drive, Lake Arrowhead, CA 92352
Docket 12
- NONE LISTED -
Debtor(s):
Douglas Craig Woodard Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Prenovost, Normandin, Bergh & Dawe - movant attorney Motion for Relief from Stay
Gateway One Lending & Finance vs. DEBTORS (Motion filed 8/7/18)
Re: 2013 Chevrolet Camaro
Docket 124
Grant the motion under section 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Deontay Daymont Potter Represented By
M. Jonathan Hayes
Joint Debtor(s):
Joy Shaun Potter Represented By
M. Jonathan Hayes
9:00 AM
Tiffany & Bosco P.A. - movant attorney Motion for Relief from Stay
U.S. Bank NA vs. DEBTOR (Motion filed 6/13/18)
Re: 13952 Clydesdale Run Lane, Victorville, CA 92394 Cont. from 7/10/18)
Docket 8
- NONE LISTED -
Debtor(s):
Kelly Williams Pro Se
Movant(s):
U.S. Bank NA, successor trustee to Represented By
Robert P Zahradka
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
JPMorgan chase Bank National Association (Motion filed 7/24/18)
Re: 9485 Poppy Field Court, Rancho Cucamonga, California 91730
(Tele. appr. Alexander Lee, rep. movant JPMorgan Chase Bank)
Docket 15
Grant the motion under section 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Robert T. Leach Represented By Keith Q Nguyen
Joint Debtor(s):
Rosa S. Leach Represented By Keith Q Nguyen
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Wells Fargo Bank vs. DEBTORS, Lynda Bui, trustee (Motion filed 7/20/18)
Re: 2014 Volkswagen Jetta, VIN 3VW2K7AJXEM225031
Docket 13
Grant the motion under section 362(d)(1), (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Alvaro Mendoza Represented By
James D. Hornbuckle
Joint Debtor(s):
Kenia Y. Mendoza Represented By
James D. Hornbuckle
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Allen Law Office, Inc. - movant attorney Motion for Relief from Stay
BMW Bank of North America vs DEBTOR (Motion filed 8/1/18)
RE: 2014 BMW 3 Series Sedan 4D 320i VIN WBA3B1C54EP680565
Docket 11
Grant the motion under section 362(d)(1), (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Debra Marie Sandgren Represented By Benjamin R Heston
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Law Offices of Bruce P. Needleman - movant attorney Motion for Relief from Stay
Kinecta Federal Credit Union vs. DEBTORS (Motion filed 7/27/18)
Re: 2018 Chevrolet Colorado VIN: 1GCGSDEN2J1176466
Docket 14
Grant the motion under section 362(d)(1), (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jorge Esparza Lopez Represented By Dan Perry
Joint Debtor(s):
Rosa G Esparza Represented By Dan Perry
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTOR, Howard B. Grobstein, trustee (Motion filed 7/24/18)
Re: 2016 Chrysler 200, VIN 1C3CCCAB1GN150688
Docket 8
Grant the motion under section 362(d)(1), (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Andres S. Bustos Represented By
James D. Hornbuckle
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Hyundai Lease Titling Trust vs. DEBTORS (Motion filed 7/18/18)
Re: 2015 Hyundai Sonata, VIN: 5NPE34AF9FH111195
Docket 17
Grant the motion under section 362(d)(1), (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Dinorah Nance Represented By Arash Shirdel
Joint Debtor(s):
Gregory Nance Represented By Arash Shirdel
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
Mechanics Bank, a California Banking Corp., vs DEBTOR (Motion filed 8/1/18)
Re: 2013 Honda Pilot VIN 5FNYF3H50DB026785
Docket 8
Grant the motion under section 362(d)(1), (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Stephanie L Cervin Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
Vanlochem & Associates LLP - movant attorney Motion for Relief from Stay
Townsgate Capital Corporation vs. DEBTOR (Motion filed 7/24/18)
Re: 2016 NISSAN ALTIMA, VIN # 1N4AL3AP9GC189531
Docket 8
Grant the motion under section 362(d)(1), (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Kamari Lashon Williams Represented By Nicholas M Wajda
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Barry Lee O'Connor - movant attorney Motion for Relief from Stay
Bartoli Investments, L.P. vs. DEBTOR (Motion filed 8/3/18)
Re: 23820 Ironwood Avenue Space 32 Moreno Valley, CA 9255
Docket 9
- NONE LISTED -
Debtor(s):
Frederick Lawrence Graves Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
Law Offices of William E. Windham - movant attorney Motion for Relief from Stay
Providence Vista Gardens Hemet Apartments, LLC vs. DEBTOR (Motion filed 8/2/18)
RE: Real Property 555 E. Fruitvale, Hemet #1002
Docket 8
Grant the motion under section 362(d)(1), (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Allissa Randolph Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
Law Office of Julian Bach - movant attorney Motion for Relief from Stay
Summit Capital LLC vs. DEBTOR (Motion filed 8/2/18)
RE: 12340 Telephone Avenue, Chino, California 91710
Docket 7
Grant the motion under section 362(d)(1), (d)(4). Deny as to termination of co-debtor stay (this is not a chapter 13 case).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
VJ Avocado Ranch Properties LLC Represented By
L. Walker Van Antwerp III
2:00 PM
Hrg. on Liquidating Trustee's Motion filed 7/31/18 for Entry of an Order Further Extending Term of the Fleetwood Liquidating Trust Through and Including June 30, 2020
(Tele. appr. Brutzkus Gubner, rep. Trustee, Sltn Trst LLC)
Docket 4813
Granted.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Fleetwood Enterprises, Inc. Represented By Craig Millet Solmaz Kraus Anne A Uyeda William C Bollard
James P Menton JR Richard K Hines
2:00 PM
Hrg. on Liquidating Trustee's Motion filed 7/31/18 for Entry of an Order Further Extending (a) Administrative Claims Objection Deadline, and (2) Claims Objection Deadline, to December 31, 2019
(Tele. appr. Brutzkus Gubner, rep. Trustee, Sltn Trst LLC)
Docket 4814
Granted.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Fleetwood Enterprises, Inc. Represented By Craig Millet Solmaz Kraus Anne A Uyeda William C Bollard
James P Menton JR Richard K Hines
2:00 PM
Hrg. on Chapter 7 Trustee's Motion filed 7/25/18 Disallowing Claim No.1 - Cavalry SPVI, LLC as Assignee of Citibank; Claim No.2 - Cavalry SPV I, LLC as Assignee of Citibank; Claim No.5 - Cach, LLC Its Successors and Assigns as Assignee of FIA Card Services, N.A.
(Notice of Withdrawal of Trustee's Claim No. 1 and Claim No. 2 filed on 8/24/18)
Docket 64
Grant the motion, sustain claim objections, and disallow Claims Nos. 1, 2, and 5 in their entirety.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Monica B. Rios Represented By
W. Derek May
Trustee(s):
Charles W Daff (TR) Represented By Lynda T Bui Rika Kido
2:00 PM
Hrg. on Chapter 7 Trustee's Motion filed 8/3/18 for order approving turnover of records by Debtors
EH
(Tele. appr. Trustee, Lynda Bui)
Docket 38
Granted.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jeffrey Roy Southwick Represented By Stephen H Darrow
Joint Debtor(s):
Angela Marie Southwick Represented By Stephen H Darrow
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
Hrg. on Application filed 7/17/18 of Debtor and Debtor-in-Possession to Employ Luxenberg and Associates, CPA Inc. as Financial Advisor and Accountant Nunc Pro Tunc
(Tele. appr. Martin Eliopulos, rep. Havasu Lakeshore Investments)
Docket 150
- NONE LISTED -
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Adv#: 8:17-01051 Diamond Enterprises, LTD., LP v. Younessi
CONT'D Hearing RE: Defendant's Motion For Summary Judgment Or In The Alternative Summary Adjudication
(Motion filed 5/8/18)
[Tele. appr. Ryan O' Dea, repr. Def. Richard Marshack]
FR: 6-27-18
Docket 78
The Court will continue the hearing on defendant's motion for summary judgment because this matter could potentially become moot if the Court were to revoke the confirmation order as prayed for in Diamond Enterprises v. Younessi, Adversary Proceeding No. 8:18-ap-01150-MW.
Accordingly, the Court continues the hearing on the motion for summary judgment to November 14, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
Defendant(s):
Michael Younessi Represented By
9:00 AM
Roger Frederickson
Plaintiff(s):
Diamond Enterprises, LTD., LP Represented By
M Douglas Flahaut
9:00 AM
Adv#: 8:18-01099 Lake v. Federal Trade Commission
STATUS CONFERENCE Hearing RE: Complaint (Complaint filed 6/6/18)
Docket 1
- NONE LISTED -
Debtor(s):
Dennis Edward Lake Represented By
D Justin Harelik
Defendant(s):
Federal Trade Commission Pro Se
Plaintiff(s):
Dennis Edward Lake Pro Se
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Adv#: 8:18-01099 Lake v. Federal Trade Commission
Hearing RE: Motion For Stay Of Adversary Proceeding (Set per Order Entered 7-25-18)
Docket 1
- NONE LISTED -
Debtor(s):
Dennis Edward Lake Represented By
D Justin Harelik
Defendant(s):
Federal Trade Commission Pro Se
Plaintiff(s):
Dennis Edward Lake Pro Se
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Adv#: 8:18-01075 Street v. Greer et al
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For:
Determination Of Non-Dischargeability Of Debt;
Determination Of Non-Dischargeability Of Debt;
Determination Of Non-Dischargeability Of Debt;
Declaratory Relief RE: Determination Of Validity, Priority Or Extent Of Interest In Real Property and Personal Property
(Complaint filed 4/26/18) (First Amended Complaint filed 5/30/18) (Another Summons Issued 5/31/18)
FR: 7-25-18
Docket 8
The Court will continue this matter to October 24, 2018 at 9:00 a.m. to permit settlement negotiations to go forward.
COURT TO PREPARE ORDER.
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Phillip Barry Greer Pro Se
Arlene C. Greer Pro Se
Plaintiff(s):
Chriss W. Street Represented By
9:00 AM
Trustee(s):
Timothy C Aires
Richard A Marshack (TR) Represented By James C Bastian Jr
9:00 AM
Adv#: 8:18-01084 Modern VideoFilm, Inc. v. Barkat et al
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For Judgment:
Compelling Turnover Of Estate Property;
For Conversion
Avoiding Fraudulent Transfers;
Recovering Avoided Transfers;
Breach of Fiduciary Duty/Defalcation; And;
Injunctive Relief (Complaint filed 5/16/18)
(First Amended Complaint filed 6-5-18) (Another Summons issued 6/6/18)
FR: 8-8-18
Docket 1
The Court will issue a scheduling order:
All non-expert discovery shall close on February 28, 2019.
Expert reports shall be exchanged, and non-expert discovery motions heard, on or before March 31, 2019.
Expert discovery shall close on April 30, 2019.
Expert discovery motions shall be heard on or before May 31, 2019.
The Court will set a further status conference in this case for June 19, 2019 at 9:00 a.m.
9:00 AM
In view of the parties' failure to check boxes at page 4(F), the Court will deem the parties to have consented to this Court's final determination of this case under the rule of Wellness International v. Sharif.
COURT TO PREPARE ORDER.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
Defendant(s):
Moshe Barkat Pro Se
Modern VideoFilm Holdings, LLC Pro Se Sidan Engineering, L.P. Pro Se
Sivan Barkat Sherman Pro Se
Danielle Barkat Turner Pro Se
Deborah Barkat Pro Se
Plaintiff(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
Adv#: 6:17-01192 Zagros Horizons USA, Inc. v. Bagheritarie
STATUS CONFERENCE Re: Complaint for: 1. Declaratory relief 2. Preliminary injunction 3. Avoidance and recovery of actual fraudulent transfers (11 U.S.C. §§ 548(1)(A) and 550) 4. Avoidance and recovery of actual fraudulent transfers (CCP §3439) 5. Avoidance and recovery of constructive fraudulent transfer (11
U.S.C. §§5549(a)(1)(B) and 550) (Cont. from 5/3/18)
Docket 1
The Court will inquire into whether the parties have agreed upon a primary mediator and an alternate mediator and filed a mediation stipulation and lodged an order thereon.
Debtor(s):
Frank Bagheritarie Represented By Neil R Hedtke
Defendant(s):
Frank Bagheritarie Represented By Varand Gourjian
Plaintiff(s):
Zagros Horizons USA, Inc. Represented By Dina Farhat Paymon Bidari
9:00 AM
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
9:00 AM
Adv#: 6:17-01192 Zagros Horizons USA, Inc. v. Bagheritarie
Hrg on Defendant's Motion to Dismiss Adversary Proceeding (Cont. from 5/3/18)
Docket 7
No tentative ruling.
Debtor(s):
Frank Bagheritarie Represented By Neil R Hedtke
Defendant(s):
Frank Bagheritarie Represented By Varand Gourjian
Movant(s):
Frank Bagheritarie Represented By Varand Gourjian
Plaintiff(s):
Zagros Horizons USA, Inc. Represented By Dina Farhat Paymon Bidari
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
9:00 AM
9:00 AM
Adv#: 6:17-01192 Zagros Horizons USA, Inc. v. Bagheritarie
Hrg on Mohamed Bagheri's, Party in Interest re Motion For Joinder As Additional Plaintiff under F.R.B.P. 7019 and 7020
(Cont. from 5/31/18)
Docket 29
No tentative ruling.
Debtor(s):
Frank Bagheritarie Represented By Neil R Hedtke
Defendant(s):
Frank Bagheritarie Represented By Varand Gourjian
Plaintiff(s):
Zagros Horizons USA, Inc. Represented By Dina Farhat Paymon Bidari
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
9:00 AM
Adv#: 6:17-01192 Zagros Horizons USA, Inc. v. Bagheritarie
Hrg. on Plaintiff's Motion filed 8/2;18 to Compel the Deposition of Frank Bagheritarie and Production of Documents and Request for Sanctions
Docket 46
No tentative ruling.
Debtor(s):
Frank Bagheritarie Represented By Neil R Hedtke
Defendant(s):
Frank Bagheritarie Represented By Varand Gourjian
Plaintiff(s):
Zagros Horizons USA, Inc. Represented By Dina Farhat Paymon Bidari
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
9:00 AM
Adv#: 6:17-01088 Anderson v. Marcelo
STATUS CONFERENCE RE: 1) Avoidance of Intentional Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551; Cal. Civ. Code §§
3439.04, 3439.07, 3439.08]; 2) Avoidance of Constructive Fraudulent Transfers
and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551; Cal. Civ. Code §§
3439.04, 3439.05, 3439.07, 3439.08, 3439.09]; 3) Disallowance of Claims [11
U.S.C. §502(d)]; 4) Unjust Enrichment [11 U.S.C. § 105]; 5) Declaratory Relief [11 U.S.C. §§ 541, 544, 548; FRBP 7001(9)]; and 6) Turnover of Property of the Estate [11 U.S.C. § 542]
(Cont. from 6/14/18)
Docket 1
The Court will inquire into the status of finalizing settlement documents.
Debtor(s):
Anthony Lorenzo Marcelo Represented By Daniel King
Defendant(s):
Relito C. Marcelo Represented By Daniel King
Plaintiff(s):
Karl T. Anderson Represented By Brandon J Iskander
9:00 AM
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Elyza P Eshaghi
9:00 AM
Adv#: 6:16-01299 BioData Medical Laboratories, Inc. v. Merchant Cash & Capital, LLC.
PRE-TRIAL CONFERENCE re: Complaint by BioData Medical Laboratories, Inc. against Merchant Cash & Capital, LLC.. (Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(72 (Injunctive relief - other)),(91 (Declaratory judgment))
(Con't from 8/9/18)
Docket 1
- NONE LISTED -
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan
Defendant(s):
Merchant Cash & Capital, LLC. Pro Se
Plaintiff(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan
9:00 AM
Adv#: 6:18-01071 Murphy v. Murphy et al
Answer fld. 4-30-18 - L/O Timothy D. Murphy Answer fld. 5-10-18 - L/O Larry Webb
From: 6-21-18
Docket 1
- NONE LISTED -
Debtor(s):
Timothy David Murphy Pro Se
Defendant(s):
Timothy David Murphy Represented By Timothy D Murphy
Plaintiff(s):
Mark M. Murphy Represented By Larry D Webb
Trustee(s):
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
9:00 AM
Hrg. on Debtors' Emergency motion Debtor's Emergency Motion For Order Authorizing Payment And Honoring Of Prepetition Payroll Obligations
(Cont. from 8/10/18)
Docket 4
The Court will grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Littlefield Physical Therapy, Inc. Represented By
Evan L Smith
2:00 PM
Hrg. on Chapter 11 Plan
Docket 1
The Court will inquire into: (1) the amount of money in Debtors' retirement accounts (to prove up their ability to pay $80,237.44 (plus accrued interest) to the IRS on the plan effective date); and (2) estimated additional federal and California 2018 income taxes as a result of these retirement account withdrawals (including possible early withdrawal penalties) and effect on the projected post-confirmation financials.
The IRS argues that the plan provision that extinguishes the IRS lien upon full payment of the IRS's secured claim is contrary to law. The Court has not encountered this argument before.
11 U.S.C. section 1123(a)(5)(E) provides as follows: "Notwithstanding any otherwise applicable nonbankruptcy law, a plan shall --- . . . (5) provide adequate means for the plan's implementation such as --- . . . (E) satisfaction or modification of any lien "
The Court notes that the lien provisions of the Internal Revenue Code likely constitute "otherwise applicable nonbankruptcy law."
Further, and more important, 11 U.S.C. section 1123(b)(5) provides in relevant part as follows: "Subject to subsection (a) of this section, a plan may --- (5) modify the
rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor's principal residence "
In this regard, the Court notes that the IRS secured claim is secured by all of the Debtors' nonexempt property and therefore is not "a claim secured only by a security interest in real property that is the debtor's principal residence."
2:00 PM
For these reasons, it would seem that the plan provision in question is consistent with applicable law. However, this is certainly a complicated area of bankruptcy and tax law, and if the IRS has contrary authority, the Court would be pleased to review and consider it. The IRS has leave of the Court to file a supplemental brief before the hearing date or may raise its arguments and case and statutory authorities at the hearing.
Debtor(s):
Flem Earl McMillan Represented By Todd L Turoci Todd L Turoci
Joint Debtor(s):
Lydia Ventura McMillan Represented By Todd L Turoci Todd L Turoci
2:00 PM
Hrg. on chapter 11 Status Conference (Cont. from 6/14/18)
Docket 0
The Court will inquire into Debtors' compliance with U.S. Trustee guidelines and requirements.
Next Status Conference: December 13, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Flem Earl McMillan Represented By Todd L Turoci Todd L Turoci
Joint Debtor(s):
Lydia Ventura McMillan Represented By Todd L Turoci Todd L Turoci
9:00 AM
RAS Crane LLC - movant attorney Motion for Relief from Stay
U.S. Bank National Association vs. DEBTORS (Motion filed 8/8/18)
Re: 9485 Poppyfield Court, Rancho Cucamonga, California 91730
Docket 17
The Court will grant the motion under section 362(d)(1) and (d)(2). The Court will deny the motion as to the termination co-debtor stay; this is not a Chapter 13 case.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Robert T. Leach Represented By Keith Q Nguyen
Joint Debtor(s):
Rosa S. Leach Represented By Keith Q Nguyen
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:00 PM
Hrg. on Trustee's Motion filed 8/2/18 to Allow Claim No. 10 of Deseret First Credit Union as Fully Secured, Not Entitled to a Dividend
Docket 26
The Court will grant the motion and allow Claim No. 10 as a secured claim only, not entitled to any distribution from the estate.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ossil V. Macavinta Represented By Christopher Hewitt
Trustee(s):
John P Pringle (TR) Pro Se
9:00 AM
Adv#: 8:17-01161 Martinez v. CV Investment Partners et al
CONT'D PRE-TRIAL CONFERENCE RE: Debtor's Complaint For:
Declaratory Relief Pursuant To 11 U.S.C. Section 544(a)(3);
Judgment Declaring Abstract Void And Unperfected;
Expungement Of Lis Pendens;
Declaratory Relief That Judgment Is Void And/Or Equitable Relief From The Judgment
(Complaint filed 10/24/17) (PTC set at S/C held 2/14/18)
FR: 1-17-18; 2-14-18
Docket 1
The Court will approve the proposed Joint Pretrial Stipulation and will order as follows:
All direct testimony at trial shall be presented by declaration. Each declarant must be present at trial for cross-examination. If a declarant fails to attend trial and submit to cross-examination, the declaration of such declarant shall be stricken.
Plaintiff's trial brief and the declarations of Plaintiff's witnesses shall be filed on or before September 30, 2018.
Defendants' trial brief and the declarations of Defendants' witnesses shall be filed on or before October 25, 2018.
All exhibits to be used at trial shall be filed on or before October 25, 2018.
9:00 AM
Trial is set for October 30, 2018 at 9:00 a.m., with recess at noon, and will resume at 1:30 p.m. and continue until 4:30 p.m.
Each of Plaintiff and Defendants shall have three hours to present their respective cases.
The Court will also inquire whether the parties wish to reconsider their decision not to mediate this case.
COURT TO PREPARE ORDER.
Debtor(s):
Felix Martinez Represented By Joseph A Weber Fritz J Firman
Defendant(s):
CV Investment Partners Pro Se
Michael Cargile Pro Se
Plaintiff(s):
Felix Martinez Represented By Fritz J Firman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 8:15-01391 Baek et al v. Halvorson et al
CONT'D STATUS CONFERENCE Hearing
(Set per Order Staying Memorandum Decision And Order After Bifurcated Trial On Unclean Hands Entered on 2/20/18)
FR: 2-28-18; 4-25-18
Docket 1
The status conference will go forward. Next status conference: to be determined.
The Court will continue the stay of the February 14, 2018 Memorandum of Decision through a date to be determined.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
John O. Halvorson Represented By Marc C Forsythe Charity J Miller
Dan L. Halvorson Represented By Guillermo Cabrera
9:00 AM
Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Miller
Jerry Ann Randall Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Miller
PCC Fund I, LLC Pro Se
Granite Bay Partners II, LLC Pro Se
JH RE Holdings, LLC Pro Se Commercial Income Advisors, Inc. Pro Se
Plaintiff(s):
Richard Baek Represented By Reem J Bello Ali Matin
Steven J. Katzman Kyle Kveton
Pacific Commercial Group, LLC Represented By
Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
Baek 153, LLP Represented By
9:00 AM
Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
Weneta M. Kosmala Pro Se
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:15-01454 Baek v. Halvorson et al
CONT'D STATUS CONFERENCE Hearing
(Set per Order Staying Memorandum Decision And Order After Bifurcated Trial On Unclean Hands Entered on 2/20/18)
FR: 2-28-18; 4-25-18
Docket 1
The status conference will go forward. Next status conference: to be determined.
The Court will continue the stay of the February 14, 2018 Memorandum of Decision through a date to be determined.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
John Olaf Halvorson Represented By Charity J Miller Marc C Forsythe
Weneta M.A. Kosmala Represented By Reem J Bello
9:00 AM
Plaintiff(s):
Grace Baek Represented By
Ali Matin
Steven J. Katzman Kyle Kveton
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:16-01187 Gordy v. Simon et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Deny And Object To The Debtors' Discharge Pursuant To 11 U.S.C. Section 727
(Complaint filed 8/12/16)
FR: 11-9-16; 3-8-17; 5-31-17; 12-13-17; 2-28-18; 5-30-18
Docket 1
- NONE LISTED -
Debtor(s):
Casey John Simon Represented By Kelly Zinser
Defendant(s):
Casey John Simon Represented By Kelly Zinser
Korrine Ellen Simon Represented By Kelly Zinser
Joint Debtor(s):
Korrine Ellen Simon Represented By Kelly Zinser
Plaintiff(s):
Paul Thomas Gordy Represented By Gary Leibowitz
9:00 AM
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Adv#: 6:17-01221 United States Trustee for the Central District of v. Katona et al
PRE-TRIALCONFERENCE re: Complaint by United States Trustee for the Central District of California, Region 16 against Paul Gregory Katona, Gail Marie Katona. (Fee Not Required). with adversary cover sheet Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e)))
Docket 1
- NONE LISTED -
Debtor(s):
Paul Gregory Katona Represented By Douglas A Plazak
Defendant(s):
Paul Gregory Katona Represented By Douglas A Plazak
Gail Marie Katona Represented By Douglas A Plazak
Joint Debtor(s):
Gail Marie Katona Represented By Douglas A Plazak
Plaintiff(s):
United States Trustee for the Central Represented By
Everett L Green
Trustee(s):
John P Pringle (TR) Represented By Lynda T Bui
9:00 AM
Rika Kido Brianna L Frazier
9:00 AM
Adv#: 6:17-01243 Vargas v. United States Department Of Education et al
Pre-TrialConference re Complaint by Michelle Vargas against United States Department Of Education, Navient Corporation, Navient Credit Finance Corporation, Navient Solutions, Inc., Education Credit Management Corporation. (Fee Not Required). Complaint to Determine Dischargeability of Student Loans - 11 U.S.C. Section 523(a)(8); Borrower's Defenses Against Repayment - 20
U.S.C. Section 1087e(h); 34 C.F.R. 685.206(c): 1) Fraud, Misrepresentation, Concealment, and False Promises; 2) Fraud, Forgery, and Undue Influence 3) Violation of California Business and Professions Code Sections 17200 et seq; 4) Violation of California Business and Professions Code Sections 17500 et seq; and 5) Discharge of Debt Obtained by Students Whose Eligibility for Federal Student Aid was Falsely Certified by the School - 20 U.S.C. Section 1087; 34
C.F.R. 685.215 Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)
Docket 1
- NONE LISTED -
Debtor(s):
Carlitos Vargas Represented By Todd L Turoci
Defendant(s):
United States Department Of Represented By Elan S Levey
Navient Corporation Represented By Robert S Lampl
Navient Credit Finance Corporation Represented By
Robert S Lampl
9:00 AM
Navient Solutions, Inc. Represented By Robert S Lampl
Education Credit Management Pro Se
Joint Debtor(s):
Michelle Vargas Represented By Todd L Turoci
Plaintiff(s):
Michelle Vargas Represented By Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Motion for relief from stay [REAL PROPERTY]
Wells Fargo Bank, N.A. vs. Debtor (Motion filed 8/14/18)
[RE: 119 Montana Del Lago Dr, Rancho Santa Margarita,California 92688]
Docket 48
- NONE LISTED -
Debtor(s):
Joan Ellen Yates Represented By Allan S Williams
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate (Motion filed 8/20/18)
[RE: 1836 E. Almond, Anaheim, CA 92805]
Docket 10
The Court will grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Gregorio Reyes Represented By Jaime A Cuevas
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Mechanics Bank vs. DEBTOR (Motion filed 5/17/18)
[RE: 2000 E. Oceanfront, Newport Beach, CA 92661]
FR: 6-11-18; 7-9-18
Docket 7
The movant has met its burden of proving the debtor's lack of equity in the subject property. The motion is granted under 11 U.S.C. § 362(d)(2) only. The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Chester C Davenport Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
CONT'D Evidentiary Hearing RE: The Following Issues:
The Issue Of Whether The Involuntary Petition In This Case Was Filed In Bad Faith.
Additional The Issue Will Be Whether And To What Extent The Creditors Who Are On The List Of Petitioning Creditors Should Be Held To Be Jointly And Severally Liable For Actual And Punitive Damages To QDOS In The Event The Court Determines That The Petition Was Filed In Bad Faith.
(Set per Order Entered 8-8-18) FR: 8-10-18
Docket 35
No tentative ruling.
Debtor(s):
QDOS, Inc Represented By
Damian D Capozzola
9:00 AM
Toyota Motor Credit Corporation vs. Debtor (Motion filed 8/15/18)
[RE: 2016 Toyota Tundra - VIN: 5TFDY5F13GX561639]
Docket 14
No tentative ruling.
Debtor(s):
Ryan Mathew Reese Represented By Joseph M Tosti
Joint Debtor(s):
Anne Kristine Reese Represented By Joseph M Tosti
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Motion for relief from automatic stay [UNLAWFUL DETAINER]
Farmers Insurance Group Federal Credit Union vs. Debtor (Motion filed 8/15/18)
[RE: Residential - 3807 San Pablo Drive, Fullerton, CA 92835-1236]
Docket 36
The Court will grant the motion under 11 U.S.C. § 362(d)(1). The 14-day stay provided by Rule 4001(a)(3) is waived.
Debtor(s):
Shakeel Ahmed Represented By Bahram Madaen
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Santander Consumer USA Inc. vs. DEBTOR (Motion filed 8/7/18)
[RE: 2009 Nissan Versa - VIN: 3N1BC13E79L365839]
Docket 9
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jerry Louis Miller Represented By Brian J Soo-Hoo
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Seterus, Inc., As The Authorized Subservicer For Federal National Mortgage Association ("Fannie Mae"), Creditor, C/O Seterus, Inc. vs. DEBTOR (Motion filed 6/29/18)
[RE: 15816 Candlelight Drive, Whittier Area, California 90604]
FR: 7-23-18
Docket 38
- NONE LISTED -
Debtor(s):
Jay Mandel Fontenot Represented By Krystina T Tran
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Combined Motion To Reopen Individual Debtors' Chapter 11 Case, Where Debtors Reserved The Right To Reopen Upon Completion Of Plan Payments
(Motion filed 8/8/18)
Docket 142
The Court will grant the motion, reopen the case, and grant a discharge.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Khoi Tran Represented By
Mufthiha Sabaratnam
Joint Debtor(s):
Nancy T. Do Represented By
Mufthiha Sabaratnam
2:00 PM
Evidentiary Hearing RE: Order To Show Cause Why Michael Roennau Should Not Be Held In Contempt Of The Discharge Injunction
(Set per Order Entered 6/20/17) (S/C set at hearing held 9/11/17)
(Evidentiary hearing set at S/C held 3/5/18) FR: 8-28-17, 12-18-17; 3-5-18
Docket 0
Debtor(s):
Albert Torres Jr. Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Katherine Lea Torres Represented By Michael Jones Sara Tidd
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
Hearing RE: Motion For Disallowance Of Debtor's Claim Of Exemption Of Annuity Under California Civil Code Procedure Section 703.140(b)(10)(E) (Motion filed 8/9/18)
Docket 37
The Court grants the motion and disallows in its entirety the claim of exemption for the annuity. California Code of Civil Procedure § 703.140(b)(10)(E) provides an exemption for "[a] payment under a[n] . . . annuity or similar plan or contract on account of illness, disability, death, age, or length of service . . ." Here, the ANIC Annuity expressly provides that "[t]he annuity value can be withdrawn at any time, but may be subject to early withdrawal penalties during the first 10 years." Thus, ability to obtain payment with respect to the annuity is not in any way linked to the annuity holder’s illness, disability, death, age or length of service. The absence of linkage in this manner results in the ANIC annuity failing to qualify for exemption.
Debtor’s reliance on In re Williams, Case No. 1:15-bk-11232-MT (Bankr. C.D. Cal., Aug. 19, 2016) is misplaced. In the Williams case, benefits were payable to the debtor by reason of the death of debtor’s father (who was entitled to benefits under a CalPers pension). Thus , the statutory requirement of a payment "on account of illness, disability, death, age or length of service" was satisfied. That requirement is not satisfied here because Debtor Brosal could obtain payments with respect to the annuity for any reason or no reason at all.
The Court notes in passing that the trustee’s apparent argument that the ANIC annuity fails to qualify for the exemption because it is not a qualified account under the Internal Revenue Code is an erroneous interpretation of California Code of Civil Procedure § 703.140(b)(10) (E). This statute denies an exemption with respect to a plan established by an insider of the debtor who employed the debtor, created a deferred compensation plan providing for payments to the debtor on account of age or service where such plan was not a qualified plan under the Internal Revenue Plan. Such a plan is generally called a "top hat" plan. The ANIC
2:00 PM
annuity, although not exempt for the reasons stated above, certainly is not a "top hat" plan – Ms. Brosal is not an employee of ANIC, nor was the ANIC annuity set up by her employer and nor are payments under the ANIC annuity based upon her age or length of service.
TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Blythe May Brosal Represented By Michael E Plotkin
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
9:00 AM
Adv#: 6:18-01119 Todd A. Frealy, Chapter 7 Trustee of the Bankruptc v. Uomoto et al
STATUS CONFERENCE re: Complaint by Todd A. Frealy, Chapter 7 Trustee of the Bankruptcy Estate of BioData Medical Laboratories, Inc. against Akemi Uomoto, Henry Wallach. (Charge To Estate $350). (Attachments: # 1 Adversary Cover Sheet) Nature of Suit: (14 (Recovery of money/property - other))
(Cont. from 8/2/18)
Docket 1
- NONE LISTED -
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan Joseph N Darweesh
Defendant(s):
Henry Wallach Pro Se
Akemi Uomoto Pro Se
Plaintiff(s):
Todd A. Frealy, Chapter 7 Trustee of Represented By
Kurt Ramlo Juliet Y Oh Eve H Karasik Todd A Frealy
Trustee(s):
Todd A. Frealy (TR) Represented By Eve H Karasik
9:00 AM
Jeffrey S Kwong Juliet Y Oh Carmela Pagay
9:00 AM
Sheryl Ith - movant/attorney Motion for Relief from Stay
AMERICREDIT FINANCIAL SERVICES, INC VS. DEBTORS; TODD A FREALY
(Motion filed 8/15/18)
Re: 2016 Chevrolet Malibu
Docket 14
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
David E. Jones Represented By Patricia M Ashcraft
Joint Debtor(s):
Marjorie J. Jones Represented By Patricia M Ashcraft
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg on Trustee's final report and account; application for final fees and expenses
Docket 0
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$637.75 and expenses in the amount of $53.88.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Victor Vazquez Represented By
Scott D McDonald
Joint Debtor(s):
Rosa Vazquez Represented By
Scott D McDonald
2:00 PM
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg. on trustee's final report; applications for compensation
Docket 0
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$1,451.08 and expenses in the amount of $25.52.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Steven Dowding Represented By Paul Y Lee
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/15/17)
FR: 12-20-17; 3-7-18; 5-30-18
Docket 1
The Court will inquire into the Debtor's compliance with U.S. Trustee guidelines and requirements.
Next Status Conference: October 28, 2018 at 9:00 a.m. (in connection with disclosure statement hearing)
COURT TO PREPARE ORDER.
Debtor(s):
Mohdsameer Aljanedi Dental Represented By Michael R Totaro
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 4/1/15)
FR: 6-17-15; 9-2-15; 12-2-15; 3-16-16; 4-25-16; 8-3-16; 8-24-16; 11-9-16;
2-15-17; 5-31-17; 9-13-17; 10-4-17; 12-6-17; 3-28-18
Docket 1
- NONE LISTED -
Debtor(s):
Geoffrey Floyd Wilson Represented By Michael Jones Laily Boutaleb Sara Tidd
Joint Debtor(s):
Dawn Laureen Wilson Represented By Michael Jones Laily Boutaleb Sara Tidd
9:00 AM
Adv#: 8:18-01117 Kermode v. Collins
STATUS CONFERENCE Hearing RE: Complaint For Non-Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)
(Complaint filed 6/25/18)
Docket 1
- NONE LISTED -
Debtor(s):
Derek Lee Collins Pro Se
Defendant(s):
Derek Lee Collins Pro Se
Plaintiff(s):
Deborah J. Geary Kermode Represented By Ryan D ODea
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
10:00 AM
Hearing RE: Reaffirmation Agreement Between Debtor And JPMorgan Chase Bank, N.A.
(Motion filed 8/1/18)
[RE: 2014 Honda Civic - Amount: $3,445.73]
Docket 13
The Court will inquire into the Debtor's ability to make the required loan payments in the event the Court approves the Reaffirmation Agreement.
Debtor(s):
Lisa Seow Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Nissan Motor Acceptance Corporation
(Motion filed 7/24/18)
[RE: 2015 Nissan NV200 - Amount: $15,636.63] [VIN No.: 3N6CM0KN9FK730563]
Docket 18
The Court will disapprove the Agreement as being not in Debtors' best interest. COURT TO PREPARE ORDER.
Debtor(s):
Malik Arif Awan Represented By Mike Sethi
Joint Debtor(s):
Yasmeen Arif Awan Represented By Mike Sethi
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Nissan Motor Acceptance Corporation
(Motion filed 7/17/18)
[RE: 2016 Nissan Frontier 2 - Amount: $29,547.93] [VIN No.: 1N6AD0ER4GN792258]
Docket 8
The Court will disapprove the Agreement as being not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Daniel Abonce Moreno Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Roy Raymond Pijloo Represented By Sunita N Sood
Joint Debtor(s):
Suzanne Tera Lambert Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 7-11-18
Docket 13
- NONE LISTED -
Debtor(s):
Peggy McWilliams Lawson Represented By Douglas L Weeks
Joint Debtor(s):
George Morris Lawson Represented By Douglas L Weeks
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 7-11-18
Docket 0
- NONE LISTED -
Debtor(s):
Christine K Roberts Represented By Bruce D White
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 8-8-18
Docket 2
- NONE LISTED -
Debtor(s):
Teresa Ruiz Represented By
Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Dennis Michael Justiniani Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Barbara Fiona Lipari Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 13
- NONE LISTED -
Debtor(s):
Javier Talamantes Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Jose Mella Ramin Jr. Represented By John Asuncion
Joint Debtor(s):
Marivic Aparato Ramin Represented By John Asuncion
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 13
- NONE LISTED -
Debtor(s):
John J Bruno Represented By
Daniel King
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Thomas W. Aguilar Represented By Joseph A Weber
Joint Debtor(s):
Diane E. Aguilar Represented By Joseph A Weber
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
William Anthony Wilson Represented By Anthony B Vigil
Joint Debtor(s):
Rebecca Lisette Koval Represented By Anthony B Vigil
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Fidencio Avilez Represented By Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 14
NONE LISTED -
Debtor(s):
Lorenzo R Manrique Represented By Scott Kosner
Joint Debtor(s):
Carmen Manrique Represented By Scott Kosner
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
Timothy Michael Crawley Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
Marsha Loraine Lewis Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
David Nam Nguyen Huynh Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
Judy Van Nguyen-Dinh Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
Agustin Barrera Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: First Amended Disclosure Statement Describing The Proposed First Amended Chapter 11 Plan Of Reorganization
(D.S. filed 4/29/18) (First Amended D.S. filed 5/9/18) (Revised D.S. due by 7-31-18)
FR: 6-11-18
Docket 106
The Court will inquire into the reasons why no disclosure statement was filed by the July 31, 2018 deadline.
Next Status Conference: to be determined. COURT TO PREPARE ORDER.
Debtor(s):
Madhulika Baid Represented By Michael R Totaro
2:00 PM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Chapter 13 Petition filed on 10/25/16)
(Case Converted to Chapter 11 on 11/28/16))
FR: 5-3-17; 8-2-17; 11-1-17; 11-15-17; 2-28-18; 5-9-18; 6-11-18
Docket 0
The Court will inquire into the reasons why no disclosure statement was filed by the July 31, 2018 deadline.
Next Status Conference: to be determined. COURT TO PREPARE ORDER.
Debtor(s):
Madhulika Baid Represented By Michael R Totaro
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Complete The Plan Within Its Terms
[11 U.S.C. 1307(c)]
(Motion filed 5/1/18) (Opposition filed 6/8/18) (Set per Notice of Hearing filed 7/11/18)
Docket 67
NONE LISTED -
Debtor(s):
Timothy Guy Sawyer Represented By Dennis Connelly
Trustee(s):
Amrane (SA) Cohen (TR) Represented By
Amrane (SA) Cohen (TR)
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 8/7/18) (Notice of Hrg. and Opposition filed 8/17/18)
Docket 154
NONE LISTED -
Debtor(s):
Michael A Gibson Represented By Caroline S Kim
Joint Debtor(s):
Karen K Gibson Represented By Caroline S Kim
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Debtor's Motion For Authority To Refinance Real Property Under LBR 3015-1(p)
(Motion filed 7/31/18)
(Trustee's comments filed 8/9/18)
Docket 41
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jose Luna Represented By
Rebecca Tomilowitz Herschel R Hoyt
Joint Debtor(s):
Amparo Luna Represented By Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 1/25/18)
FR: 3-7-18; 4-11-18; 5-9-18; 7-11-18
Docket 45
The Court will inquire whether the motion to dismiss is now moot in view of the Court's conditional grant of Debtor's motion to modify.
Debtor(s):
Jesus Melendez Represented By Rebecca Tomilowitz
Movant(s):
Amrane (SA) Cohen (TR) Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments [11 U.S.C. 1307(c)] (Motion filed 8/7/18) (Opposition and Notice of Hearing filed 8/20/18)
Docket 84
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Julie Deann Grooms Represented By
Rabin J Pournazarian
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion For Permission To Retain 2016 Federal Tax Refund (Motion filed 7/24/18)
(Set per Trustee's Comments on or Objection filed 7/30/18) (Notice of Hearing filed 7/30/18)
Docket 38
The Court will deny the motion without prejudice for the reasons stated in the Chapter 13 Trustee's objection to the motion: (1) failure to seek modification of the plan; and
(2) failure to provide decalations and proof of current income.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
April Marie Tory Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 7/12/18) (Opposition filed 7/31/18) (Notice of Hearing filed 7/31/18)
Docket 36
The Court will grant the motion and dismiss the case. Debtor's opposition fails to show that the plan would be current even of Proof of Claim #1 were disallowed in its entirety, and all payments made by the holder thereof were disgorged.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jenny Quiroz Lopez Represented By William G Cort
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Objection To Proof Of Claim:
(Motion filed 7/23/18)
Claim No. 15-1 Surinder Singh Multani and $107,333.64 Mohinder Preet S. Multani
Docket 48
No tentative ruling.
Debtor(s):
Abraham Hamideh Represented By Joseph M Hoats
Christopher P Walker
Joint Debtor(s):
Randa Hamida Represented By Joseph M Hoats
Christopher P Walker
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion Of United States Trustee To Determine Whether Compensation Paid To Counsel Was Excessive Under 11 U.S.C. Section 329 And F.R.B.P. 2017 And To Order Counsel To File A 2106(b) Statement (Motion filed 8/8/17)
Docket 20
NONE LISTED -
Debtor(s):
Scott Duvendack Represented By Hayk Grigoryan
Joint Debtor(s):
Pamela Duvendack Represented By Hayk Grigoryan
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion By United States Trustee To Determine Whether Compensation Paid To Counsel Was Excessive Under 11 U.S.C. Section 329 And F.R.B.P. 2017
(Motion filed 7/31/18)
Docket 19
NONE LISTED -
Debtor(s):
Jose Enrique Quintero Rodelo Represented By Nicholas M Wajda
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion To Vacate Dismissal And Extend The Time To File Necessary Documents
(Motion filed 7/26/18)
Docket 18
- NONE LISTED -
Debtor(s):
Shakeel Ahmed Represented By Bahram Madaen
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 8/7/18) (Set Per Notice And Opposition filed 8/31/18)
Docket 56
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Lucina Macedo Represented By Luis G Torres
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 6:17-01159 Daff v. American Express
PRE-TRIAL CONFERENCE re: Complaint by Charles W Daff against American Express. (Charge To Estate). Chapter 7 Trustees Complaint For: 1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. §§ 547 And 550; 2. Avoidance Of Post-Petition Transfers Pursuant To 11 U.S.C. § 549; And 3. Recovery Of Avoided Transfers Pursuant To 11 U.S.C. § 550 Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other)
Docket 1
- NONE LISTED -
Debtor(s):
AVT, Inc. Pro Se
Defendant(s):
American Express Represented By Robert S Lampl
Plaintiff(s):
Charles W Daff Represented By Cathrine M Castaldi
Trustee(s):
Charles W Daff (TR) Represented By Cathrine M Castaldi
9:00 AM
Adv#: 6:17-01221 United States Trustee for the Central District of v. Katona et al
PRE-TRIALCONFERENCE re: Complaint by United States Trustee for the Central District of California, Region 16 against Paul Gregory Katona, Gail Marie Katona. (Fee Not Required). with adversary cover sheet Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e)))
(Cont. from 9/6/18)
Docket 1
- NONE LISTED -
Debtor(s):
Paul Gregory Katona Represented By Douglas A Plazak
Defendant(s):
Paul Gregory Katona Represented By Douglas A Plazak
Gail Marie Katona Represented By Douglas A Plazak
Joint Debtor(s):
Gail Marie Katona Represented By Douglas A Plazak
Plaintiff(s):
United States Trustee for the Central Represented By
Everett L Green
9:00 AM
Trustee(s):
John P Pringle (TR) Represented By Lynda T Bui Rika Kido Brianna L Frazier
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 5/10/18)
Docket 1
- NONE LISTED -
Debtor(s):
Robert Kenneth Phelps Represented By Todd L Turoci
Joint Debtor(s):
Sharon Lee Phelps Represented By Todd L Turoci
9:00 AM
Adv#: 6:17-01243 Vargas v. United States Department Of Education et al
Pre-TrialConference re Complaint by Michelle Vargas against United States Department Of Education, Navient Corporation, Navient Credit Finance Corporation, Navient Solutions, Inc., Education Credit Management Corporation. (Fee Not Required). Complaint to Determine Dischargeability of Student Loans - 11 U.S.C. Section 523(a)(8); Borrower's Defenses Against Repayment - 20
U.S.C. Section 1087e(h); 34 C.F.R. 685.206(c): 1) Fraud, Misrepresentation, Concealment, and False Promises; 2) Fraud, Forgery, and Undue Influence 3) Violation of California Business and Professions Code Sections 17200 et seq; 4) Violation of California Business and Professions Code Sections 17500 et seq; and 5) Discharge of Debt Obtained by Students Whose Eligibility for Federal Student Aid was Falsely Certified by the School - 20 U.S.C. Section 1087; 34
C.F.R. 685.215 Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)
(Cont. from 9/6/18)
Docket 1
- NONE LISTED -
Debtor(s):
Carlitos Vargas Represented By Todd L Turoci
Defendant(s):
United States Department Of Represented By Elan S Levey
Navient Corporation Represented By Robert S Lampl
9:00 AM
Navient Credit Finance Corporation Represented By
Robert S Lampl
Navient Solutions, Inc. Represented By Robert S Lampl
Education Credit Management Pro Se
Joint Debtor(s):
Michelle Vargas Represented By Todd L Turoci
Plaintiff(s):
Michelle Vargas Represented By Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Adv#: 6:17-01243 Vargas v. United States Department Of Education et al
Hrg. on Defendant United States Department of Education Motion filed 8/2/18 Motion for Summary Judgment or Partial Summary Adjudication
Docket 29
- NONE LISTED -
Debtor(s):
Carlitos Vargas Represented By Todd L Turoci
Defendant(s):
United States Department Of Represented By Elan S Levey
Navient Corporation Represented By Robert S Lampl
Navient Credit Finance Corporation Represented By
Robert S Lampl
Navient Solutions, Inc. Represented By Robert S Lampl
Education Credit Management Represented By Scott A Schiff
Joint Debtor(s):
Michelle Vargas Represented By Todd L Turoci
9:00 AM
Plaintiff(s):
Michelle Vargas Represented By Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Adv#: 6:18-01059 Banhart v. Marchand
Hrg. on STATUS CONFERENCE re: Complaint for Denial of Discharge 11
U.S.C. §727
(Cont. from 6/14/18)
Docket 1
The Court will continue the status conference to December 13, 2018 at 9:00 a.m. to coordinate with the hearing on the motion to dismiss.
COURT TO PREPARE ORDER.
Debtor(s):
Nanette Denise Marchand Represented By David M Flader
Defendant(s):
Nanette Denise Marchand Represented By Baruch C Cohen
Plaintiff(s):
Robert Banhart Represented By Kyle P Kelley
9:00 AM
Trustee(s):
John P Pringle (TR) Pro Se
9:00 AM
Adv#: 6:18-01071 Murphy v. Murphy et al
STATUS CONFERENCE re: Complaint to deny discharge under 11 U.S.C. Section 727(a)(4)(A)
Docket 31
The Court will issue the following scheduling order:
All discovery shall close on December 31, 2018.
All discovery motions shall be heard by January 31, 2019.
All pretrial motions (except motions in limine) shall be heard by February 28, 2019. Pretrial conference is set for March 14, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Timothy David Murphy Pro Se
Defendant(s):
Timothy David Murphy Represented By Timothy D Murphy
Plaintiff(s):
Mark M. Murphy Represented By Larry D Webb
9:00 AM
Trustee(s):
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
2:00 PM
Hrg. on Chapter 11 Status Conference (Cont. from 6/7/18)
Docket 0
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: January 10, 2019 at 9:00 a.m.
The Court will continue the hearing on the U.S. Trustee's motion to dismiss to December 11, 2018 at 2:00 p.m. to allow the plan process to go forward.
COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Hrg. on Confirmation of Chapter 11 Plan
Docket 1
- NONE LISTED -
Debtor(s):
Robert Kenneth Phelps Represented By Todd L Turoci
Joint Debtor(s):
Sharon Lee Phelps Represented By Todd L Turoci
2:30 PM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Cab West, LLC, in the amount of $3,560.14
Re: 2016 Ford Focus (cont from 8/9/18)
Docket 14
The Court will approve the agreement if the vehicle is insured. Debtors believe they can make the payments and are comfortable with a reaffirmation.
COURT TO PREPARE ORDER.
Debtor(s):
Timothy Ramos Represented By Neil R Hedtke
Joint Debtor(s):
Shawna Ann Ramos Represented By Neil R Hedtke
Trustee(s):
Steven M Speier (TR) Pro Se
2:30 PM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corporation, in the amount of $ 20, 804.99
Re: 2016 Nissan Sentra
Docket 13
The Court will disapprove the agreement as not in Debtors' best interest. COURT TO PREPARE ORDER.
Debtor(s):
Jose Ramirez Jr Pro Se
Joint Debtor(s):
Monica Martinez Ramirez Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
2:30 PM
Hrg. on approval of Reaffirmation Agreement filed 8/24/18 Between Debtor and Tustin Community Bank, in the amount of $9,173.56
Re: 2012 Ford Flex
Docket 9
The Court will disapprove the agreement as not in the Debtor's best interest. COURT TO PREPARE ORDER.
Debtor(s):
Christopher Paul Wilkins Represented By Daniel King
Trustee(s):
John P Pringle (TR) Pro Se
2:30 PM
Hrg. on approval of Reaffirmation Agreement filed 8/20/18 Between Debtor and Navy Federal Credit Union, in the amount of $49,083.26
Re: 2012 Dodge Ram
Docket 11
The Court will disapprove the agreement as not in the Debtors' best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Joseph Simmons James Represented By Jeffrey J Hagen
Joint Debtor(s):
Stephanie Lynn Simmons Represented By Jeffrey J Hagen
Trustee(s):
Charles W Daff (TR) Pro Se
2:30 PM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Navy Federal Credit Union
Re: 2014 Ford Fusion
Docket 11
The Court will disapprove the agreement as not in the Debtors' best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Joseph Simmons James Represented By Jeffrey J Hagen
Joint Debtor(s):
Stephanie Lynn Simmons Represented By Jeffrey J Hagen
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Motion for relief from stay [REAL PROPERTY]
U.S. Bank, National Association, As Trustee For The EMC Morgage Loan Trust 2002-B, Mortgage Pass-Through Certificates Series 2002-B, its assignees and/or successor vs. Debtor
(Motion filed 8/23/18)
[RE: 3170 Walingford Drive, Grand Prairie, TX 75052].
Docket 49
The Court will grant the motion under 11 U.S.C. § 362(d)(1). The Court will not waive the 14-day stay.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sylvia Denise Thomas Represented By
D Justin Harelik
Movant(s):
U.S. Bank, National Association, as Represented By
Kristin A Zilberstein Nancy L Lee
9:00 AM
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay with [PERSONAL PROPERTY]
Logix Federal Credit Union vs. Debtor (Motion filed 8/23/18)
[RE: 2006 Land Rover LR3 SE Sport Utility 4D, VIN # SALAE25406A354755]
Docket 18
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). The 14-day stay is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Reuben C Cano Pro Se
Movant(s):
Logix Federal Credit Union Represented By
Erin M McCartney
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 8/15/18)
(Amended Motion filed 9/7/18)
[RE: 2016 Toyota Tundra - VIN: 5TFDY5F13GX561639]
FR: 9-10-18
Docket 14
No tentative ruling.
Debtor(s):
Ryan Mathew Reese Represented By Joseph M Tosti
Joint Debtor(s):
Anne Kristine Reese Represented By Joseph M Tosti
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
Hearing RE: Motion For Order Disallowing Claim Pursuant To 11 U.S.C. Section 502
Claim No. 66-1 Wells Fargo Bank, N.A.,
Docket 809
The Court will grant the motion and disallow Claim 66-1 of Wells Fargo in its entirety. 11 U.S.C. § 502(e)(1)(B).
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Private Asset Group, Inc Represented By Matthew E Faler
Trustee(s):
Peter J Mastan (TR) Represented By Thomas H Casey Steve Burnell
Lei Lei Wang Ekvall Autumn D Spaeth ESQ Kyra E Andrassy
2:00 PM
Hearing RE: Motion For Order Disallowing Claim Pursuant To 11 U.S.C. Section 502:
Claim No. 7-1 CAN Capital Asset Servicing, Inc., $154,637.35 f/k/a New Logic Business Bank
Docket 588
- NONE LISTED -
Debtor(s):
Advanced Biomedical, Inc. Represented By Asa W Markel
Robert S Marticello Philip E Strok
Kyra E Andrassy
2:00 PM
Hearing RE: Motion To Dismiss Debtor's Chapter 11 Case Under 11 U.S.C. 112(b) Due To Debtor Committed Various Prepetition Bad Acts, Concealment Of The "True Market Value" Of The Debtor's Assets, Non-Disclosure Of Income,
And Numerous "Bad Faith" Violations (Motion filed 7/26/18)
Docket 572
Movants have failed to establish "cause" for dismissal or conversion under 11 U.S.C.
§ 1112(b) for the reasons argued by Debtor, Douglas and the Committee, and for the reason that evidence in support of the motion, namely, the Declaration of Donna Maxwell, lacks credibility regarding allegations of the fair market value of Debtor's assets.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
2:00 PM
Hearing RE: Motion Of Relief From The 363 Sale Order Under Rule 60(b)(2)(3)
Docket 577
The Court will deny the motion with prejudice. Movant's argument under Rule 60(b) is untimely. Movant's argument under Rule 60(d) is not supported by the weight of the evidence. Douglas is a good faith purchaser and entitled to the protections afforded by 11 U.S.C. § 363(m).
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
2:00 PM
Hearing RE: Motion By United States Trustee To Dismiss Case Pursuant To 11
U.S.C. Section 1112(b); And, Request For Judgment For Quarterly Fees Due And Payable To The U.S. Trustee At The Time Of The Hearing
(Motion filed 8/2/18)
Docket 93
The Court will grant the motion and dismiss the case.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Josefina Cendejas Represented By Andrew S Bisom
2:00 PM
Hearing RE: Motion By United States Trustee To Dismiss Case Pursuant To 11
U.S.C. Section 1112(b); And, Request For Judgment For Quarterly Fees Due And Payable To The U.S. Trustee At The Time Of The Hearing
(Motion filed 8/2/18)
Docket 94
The Court will grant the motion and dismiss the case.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Gina Estrella Represented By
Andrew S Bisom
2:00 PM
Hearing RE: Motion By United States Trustee To Dismiss Case Or Convert Case To One Under Chapter 7 Pursuant To 11 U.S.C.Section 1112(b); And, Request For Judgment For Quarterly Fees Due And Payable To The U.S.
Trustee At The Time Of The Hearing (Motion filed 8/6/18)
Docket 484
- NONE LISTED -
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
2:00 PM
Hearing RE: Motion For Order On Objection By Claimant Chriss W. Street To Purported Transfer Of Claim Other Than For Security Filed July 30, 2018 By ATII Legacy LLC (Claim No. 2)
(Set per Notice of Motion filed 8/9/18) (Transfer of Claim filed 7/30/18)
Docket 37
The Court will sustain the objection in part and overrule it in part. The Court will confirm that Chriss Street has title to the Street proof of claim and that ATII Legacy has a security interest in such proof of claim.
CHRISS STREET TO LODGE ORDER ON LOU WITHIN 7 DAYS.
Debtor(s):
Phillip Barry Greer Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D ODea
2:00 PM
Hearing RE: Motion to Continue Hearing On The: (1) Order to Show Cause Why Debtor Should Not Be Held in Civil Contempt For Violating the Court's Order Dated July 25, 2018; and (2) Chapter 7 Trustee's Motion for Order Requiring Turnover of the Debtor's Books, Records, Statements and Other Financial Documents
(Motion filed 9/12/18)
Docket 132
- NONE LISTED -
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order Requiring Turnover Of The Debtor's Books, Records, Statements And Other Financial Documents (Motion filed 8/23/18)
Docket 96
- NONE LISTED -
Debtor(s):
Chester C Davenport Represented By Jing Wang
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order Requiring The Debtor To Show Cause Why The Debtor Should Not Be Held In Civil Contempt For Violating The Court's Ordre Dated July 25, 2018 And Sanctions Issued Against The Debtor
(Motion filed 8/15/18) (Set by Order entered 8/27/18)
Docket 83
- NONE LISTED -
Debtor(s):
Chester C Davenport Represented By Jing Wang
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
2:00 PM
Hearing RE: Motion For A Protective Order by Creditor JPMorgan Chase Bank,
N.A. In Response To The Trustee's Motion For A Rule 2004 Examination And Production Of Documents Thereon
(Motion filed 8/27/18)
Docket 104
The Court will grant the motion in part and deny it in part.
As urged by JPM in its reply, the Court will grant that portion of the motion that, with respect to "communications," seeks to limit the Trustee’s request for production of documents to all written communications between the Debtor and Chase. This is without prejudice to the Trustee's seeking additional production of documents from Chase if, after reviewing the current document production, the Trustee believes that one or more communications from one Chase employee to another Chase employee is relevant.
For the avoidance of doubt, Chase must produce (and the protective order does not apply to)
(1) requested production with respect to the "Maryland House Deed" itemized as a, b, e, f, g, i, and j in the Trustee’s Opposition, (2) requested production with respect to the "Newport Property Deed" itemized as k, l, o, p, q, s and t in the Trustee’s Opposition and (3) requested production with respect to the "Edgartown Deeds" itemized as u, v, w, x, aa, bb. cc, ee and ff in the Trustee’s Opposition. For the further avoidance of doubt, (a) the Court considers the terms "documents" and "communications" to be mutually exclusive, and (b) if a "communication" between one Chase employee and another – or any other
"communication" – is contained within a "loan file" physically or electronically maintained by Chase, such "communication" must be produced.
The motion is denied as to tax returns of the debtor in Chase’s possession and third party information, provided however that Chase may insert appropriate and reasonable redactions to protect third party private information.
2:00 PM
TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Chester C Davenport Represented By Jing Wang
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTOR, Todd Frealy, trustee (Motion filed 8/22/18)
Re: 2014 Subaru Impreza, VIN: JF1GJAC66EH026246
Docket 7
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Emily D Ramirez Represented By Paul Y Lee
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTORS, Howard Grobstein, trustee RE: 2013 Honda Insight, VIN: JHMZE2H59DS003265
Docket 12
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Miguel A Moreno Guerra Represented By
M Wayne Tucker
Joint Debtor(s):
Leticia H Moreno Represented By
M Wayne Tucker
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
Law Offices of William E. Windham - movant attorney Motion for Relief from Stay
Richard Funaro vs. DEBTOR (Motion filed 8/30/18)
Re: Real property 314 E Stevens Rd Palm Springs 92262
Docket 15
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Robert Evan Dolling Represented By
H. Christopher Heritage
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
Hrg. on Trustee's final report and account; applications for final fees and expenses
Docket 36
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$935.50 and expenses in the amount of $204.04.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Gary Patrick Moore Represented By Jenny L Doling Summer M Shaw
Joint Debtor(s):
Kathryn Anne Moore Represented By
2:00 PM
Trustee(s):
Jenny L Doling Summer M Shaw
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg. on Trustee's final report and account; applications for final fees and expenses
Docket 64
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$3,550.00 and expenses in the amount of $73.55.
The compensation is approved as to Roquemore, Pringle & Moore, with fees in the amount of $7,310.00 and expenses in the amount of $257.53.
The compensation is approved as to Donald T. Fife, with fees in the amount of
$2,772.00 and expenses in the amount of $376.10.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Steven Michael Hodgden Represented By
Misty A Perry Isaacson
2:00 PM
Joint Debtor(s):
Christina Hodgden Represented By
Misty A Perry Isaacson
Trustee(s):
Todd A. Frealy (TR) Represented By
Michelle A Marchisotto
2:00 PM
Hrg. on Application filed 7/17/18 of Debtor and Debtor-in-Possession to Employ Luxenberg and Associates, CPA Inc. as Financial Advisor and Accountant Nunc Pro Tunc
(Cont. from 8/28/18)
(Tele. appr. Martin Eliopulos, rep, Havasu)
Docket 150
- NONE LISTED -
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
Hrg. on trustee's final report; applications for compensation
Docket 0
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$600.75 and expenses in the amount of $68.36.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Guilibaldo Montenegro Represented By Todd L Turoci
Joint Debtor(s):
Alexis McMurtry Represented By Todd L Turoci
2:00 PM
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg. on Debtor's Motion filed 8/20/18 to Dismiss Chapter 11 Case
Docket 70
The Court will grant the motion and dismiss the Chapter 11 case.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Yankee Clipper Distribution of Represented By Michael Jay Berger Everett L Green
2:00 PM
Hrg. on Debtor's Motion filed 8/23/18 to Dismiss chapter 7 case
Docket 18
The Court grants the Chapter 7 Trustee's request for judicial notice.
The debtor does not have an absolute right to dismiss a chapter 7 case. In re Bartee, 317 B.R. 362 (B.A.P. 9th Cir. 2004). A chapter 7 debtor seeking dismissal has the burden of proof to show that dismissal will not prejudice the debtor's creditors. Id. Here, debtor has failed to meet that burden.
The Court denies the motion with prejudice.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Julio Melchor Menendez Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Robert A Hessling
9:00 AM
Adv#: 8:17-01076 The William G. Joiner Trust Dated 2/6/02 v. Magness et al
Hearing RE: Motion For Default Judgment (Motion filed 8/16/18)
Docket 40
The Court grants Plaintiff's request for judicial notice.
The Court grants the motion and will enter default judgment in the amount of
$364,424.11 and determine that such judgment is excepted from discharge pursuant to 11 U.S.C. § 523(a)(2)(A) and (a)(6). Post-judgment interest shall be at the federal judgment rate.
The Court will strike the Defendant's Opposition to the Plaintiff's Motion for Default Judgment, Docket No. 47, filed September 17, 2018 (the "Opposition"). The Court's Local Bankruptcy Rules require an opposition to a motion to be filed and served no later than 14 days before the date designated for the hearing. LBR 9013-1(f)(1). If an opposition is filed, the movant has the right to file a reply not later than 7 days before the hearing date. LBR 9013-1(g).
Here, the Opposition was filed two days before the hearing, in gross violation of LBR 9013-1(f)(1). If the Court were to permit this to stand, it would violate not only LBR 9013-1(f)(1) but also the due process rights of Movant to file a reply. For these reasons, the Court strikes the Opposition.
PLAINTIFF TO LODGE ORDER AND JUDGMENT VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Shannon Marie Magness Pro Se
Defendant(s):
Shannon Marie Magness Pro Se
Kelly Scott Johnson Pro Se
Joint Debtor(s):
Kelly Scott Johnson Pro Se
Plaintiff(s):
The William G. Joiner Trust Dated Represented By
Penelope Parmes
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Adv#: 8:18-01075 Street v. Greer et al
Hearing RE: Motion To Dismiss Complaint [FRCP 12(b)(6)]
(Motion filed 7/30/18)
Docket 27
The complaint alleges that plaintiff Chriss Street ("Plaintiff") obtained a state court judgment in 2018 against debtor Phillip B. Greer (Mr. Greer") and that an abstract of such judgment was duly recorded. Plaintiff contends in the complaint that the resulting judgment lien encumbers Mr. Greer’s interest in real property whose address is 19 Bridgeport Road, Newport Beach CA 92657 (the "Property").
The parties appear to agree that the title to the Property is held in the name of Arlene Greer aka Arlene Biden, Mr. Greer’s spouse ("Mrs. Greer").
The complaint alleges that the Property is Mr. Greer’s community property and seeks a determination by this Court that state court judgment thereby encumbers the Property (notwithstanding that title is in the name of Mrs. Greer) and also that Mr. and Mrs. Greer hold title to the Real Property under a resulting trust in favor of Plaintiff.
Finally, the complaint asks the Court to quiet title to the Real Property, confirming that the Property is subject to the state court judgment lien.
In support of these allegations, the Complaint alleges that Mr. Greer used community property income to pay down earlier liens against the Property, thereby giving the marital community an interest in the Property.
The motion to dismiss argues that Plaintiff presents no evidence that community funds were used to pay down a lien against the Property and that therefore the
9:00 AM
complaint should be dismissed. However, evidence need not be submitted in a complaint to enable it to withstand a motion to dismiss. The relevant standard is whether the complaint fails to state a claim upon which relief can be granted. The complaint’s allegations in this regard are specific enough to place defendants on notice as to Plaintiff’s theory of the case.
The motion to dismiss is denied.
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Phillip Barry Greer Pro Se
Arlene C. Greer Represented By Phillip Greer
Richard A. Marshack Represented By Ryan D ODea
Plaintiff(s):
Chriss W. Street Represented By Timothy C Aires
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D ODea
9:00 AM
Adv#: 8:18-01140 LQ Management LLC et al v. Maxey et al
STATUS CONFERENCE Hearing RE: Complaint For Fraud, Imposition Of Stay; Property Injunction
(Notice of Removal filed 7/17/18)
(Order for Status Conference Entered 7/18/18)
Docket 1
The Court will inquire whether Plaintiff intends to file a motion to remand this case to state court.
Debtor(s):
Anthony Jerome Maxey Pro Se
Defendant(s):
Anthony Maxey Pro Se
Kimberly Turner Pro Se
Plaintiff(s):
LQ Management LLC Represented By Artin Avetisove
LeClairRyan LLP Represented By Artin Avetisove
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Adv#: 8:18-01121 Getson et al v. Devine
STATUS CONFERENCE Hearing RE: Complaint To Determine The Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2)(a) Complaint filed 6/29/18)
Docket 1
The Court will issue the following scheduling order:
Discovery shall close December 31, 2018.
All discovery motions shall be heard before January 31, 2019.
All pretrial motions (except motions in limine) shall be heard before February 28, 2019.
The Court sets a further status conference for March 13, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Michael William Devine Represented By Christopher J Langley
Defendant(s):
Michael William Devine Pro Se
Plaintiff(s):
Lisa Getson Represented By
Mitchell B Hannah
Todd Lansinger Represented By
9:00 AM
Trustee(s):
Mitchell B Hannah
Richard A Marshack (TR) Pro Se
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: Chapter 11 Involuntary Petition (Petition filed 5/31/18)
FR: 6-25-18; 8-1-18
Docket 1
Continue to October 24, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
QDOS, Inc Pro Se
9:00 AM
STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 Case (Petition filed 7/20/18)
Docket 0
The Court will inquire into compliance with U.S. Trustee guidelines and requirements.
Next Status Conference: January 9, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
WCR Development Company LLC Represented By
Robert P Goe
9:00 AM
Adv#: 8:17-01169 Official Committee Of Unsecured Creditors v. CLR Marketing Partners
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 2-28-18; 4-4-18; 6-6-18
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
CLR Marketing Partners Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01183 Official Committee Of Unsecured Creditors v. Bottomley & Associates, LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 3-28-18; 6-6-18
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Bottomley & Associates, LLC Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01190 Official Committee Of Unsecured Creditors v. Happiest Minds Technologies
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 3-28-18; 6-6-18
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Happiest Minds Technologies Represented By Shu-Lin Tung
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01208 Official Committee Of Unsecured Creditors v. Aramark Uniform & Career
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 4-4-18; 6-6-18
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Aramark Uniform & Career Apparel, Pro Se Aramark Entertainment LLC Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
9:00 AM
Adv#: 8:17-01144 Itria Ventures, LLC v. Ervin
Hearing RE: Motion To Compel Defendant's Responses To Discovery And For Attorney Fees
(Motion filed 8/31/18)
Docket 29
Based upon Defendant's failure to produce documents due within 14 days from May 21, 2018 -- and, most importantly, the substantial delay from early to late August when production finally occurred -- the Corut will award sanctions of $1,012 as prayed for in the Reply. The Court interprets the Reply as conceding that the responses to the discovery, although quite late, are nevertheless adequate.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael J Ervin Represented By Mark D Klein
Defendant(s):
Michael J Ervin Represented By Anerio V Altman
Plaintiff(s):
Itria Ventures, LLC Represented By Michael F Chekian
Trustee(s):
Karen S Naylor (TR) Represented By
9:00 AM
Burd & Naylor William M Burd
9:00 AM
Adv#: 8:17-01144 Itria Ventures, LLC v. Ervin
Hearing RE: Motion for Leave To File First Amended Complaint Objecting To Dischargeability of Debt
(Motion filed 8/27/18)
Docket 25
The motion fore leave to file a first amended complaint is based upon newly- discovered evidence relating to allegedly falsified information concerning receivables. Rule 15(a)(2) states that the "court should freely give leave when justice so requires." The motion is granted.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael J Ervin Represented By Mark D Klein
Defendant(s):
Michael J Ervin Represented By Anerio V Altman
Plaintiff(s):
Itria Ventures, LLC Represented By Michael F Chekian
Trustee(s):
Karen S Naylor (TR) Represented By Burd & Naylor
9:00 AM
William M Burd
9:00 AM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
Hearing RE: Motion to Dismiss Adversary Proceeding Pursuant to Rule 12(b)(6) for failure to State a Claim Upon Which Relief Can Be Granted
(Motion filed 8/23/18)
Docket 4
- NONE LISTED -
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
Defendant(s):
Michael Younessi Represented By Michael Jones
Plaintiff(s):
Diamond Enterprises, Ltd, LP Represented By
M Douglas Flahaut
9:00 AM
Adv#: 8:18-01164 City of Irvine v. Wormmeester et al
Hearing RE: Motion To Dismiss Pursuant To Rule 12(B)(6) For Failure To State A Claim
(Motion filed 8/27/18)
Docket 5
- NONE LISTED -
Debtor(s):
William Michael Wormmeester Represented By Michael Jones
Defendant(s):
William Michael Wormmeester Represented By Michael Jones
Marisha Nicole Austin Represented By Michael Jones
Joint Debtor(s):
Molly Valerie Anne Kimball Represented By Michael Jones
Plaintiff(s):
City of Irvine Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
9:00 AM
Adv#: 6:16-01165 Hinshaw-Thomas v. KABIR
PRE-TRIAL CONFERENCE re: Complaint by Janet Hinshaw-Thomas against Homayun Kabir. false pretenses, false representation, actual fraud)) (Brown, Tyler)
(Cont. from 8/9/18)
Docket 1
The Court will approve the proposed Amended Joint Pretrial Conference Stipulation and set this matter over for trial in the Los Angeles Division by the Honorable Gregg
W. Zive on December 4-5, 2018. Each party shall file a trial brief, list of witnesses, and all trial exhbits on or before October 26, 2018.
COURT TO PREPARE ORDER.
Debtor(s):
HOMAYUN KABIR Represented By Mark D Edelbrock
Defendant(s):
HOMAYUN KABIR Pro Se
Plaintiff(s):
Janet Hinshaw-Thomas Represented By Tyler H Brown
9:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Adv#: 6:18-01119 Todd A. Frealy, Chapter 7 Trustee of the Bankruptc v. Uomoto et al
STATUS CONFERENE re: Complaint by Todd A. Frealy, Chapter 7 Trustee of the Bankruptcy Estate of BioData Medical Laboratories, Inc. against Akemi Uomoto, Henry Wallach. (Charge To Estate $350). (Attachments: # 1 Adversary Cover Sheet) Nature of Suit: (14 (Recovery of money/property - other))
Docket 0
- NONE LISTED -
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan Joseph N Darweesh
Defendant(s):
Akemi Uomoto Represented By Zev Shechtman
Henry Wallach Represented By Zev Shechtman
Plaintiff(s):
Todd A. Frealy, Chapter 7 Trustee of Represented By
Kurt Ramlo Juliet Y Oh Eve H Karasik Todd A Frealy
Trustee(s):
Todd A. Frealy (TR) Represented By
9:00 AM
Eve H Karasik Jeffrey S Kwong Juliet Y Oh Carmela Pagay
9:00 AM
Hrg. on Chapter 11 Status Conference
Docket 0
- NONE LISTED -
Debtor(s):
VJ Avocado Ranch Properties LLC Represented By
L. Walker Van Antwerp III
9:00 AM
Adv#: 6:16-01247 Western Union Financial Services, Inc. v. Awad
TRIAL re: Complaint by Western Union Financial Services, Inc. against Issa Ibrahim Awad. fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud))
[Trial to be held in Santa Ana Division, 411 W. Fourth St, Ctrm 6C]
(Cont. from 8/21/2018)
Docket 1
Debtor(s):
Issa Ibrahim Awad Represented By Chris Scarcella
Defendant(s):
Issa Ibrahim Awad Represented By James Husen
Plaintiff(s):
Western Union Financial Services, Represented By
Ross A Spector
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Wilmington Savings Fund Society, FSB, D/B/A Christiana Trust, Not Individually But As Trustee For Pretium Mortgage Acquisition Trust vs. DEBTORS
(Motion filed 9/6/18)
[RE: 115 North Jackson Street, Santa Ana, California 92703]
Docket 79
The Court will grant the motion under 11 U.S.C. § 362(d)(1). The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Angel Juarez Represented By
Sunita N Sood
Joint Debtor(s):
Maria Juana Juarez Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
U.S. Bank, N.A., Successor Trustee To LaSalle Bank National Association, On Behalf Of The Holders Of Bear Stearns Asset Backed Securities I Trust 2006-
HE2, Asset-Backed Certificates Series 2006-HE2 - vs. DEBTOR (Motion filed 10/16/17)
[RE: 3891 Claremont Street, Irvine, CA 92614]
FR: 11-13-17; 12-4-17; 1-8-18; 3-12-18; 3-19-18; 7-2-18
Docket 95
The Court will inquire into the status of loan workout negotiations.
Unless this matter is resolved by the date of the hearing, the Court will continue the hearing to April 8, 2019 at 9:00 a.m.
Debtor(s):
Gary Scott Represented By
Michael A Younge
Joint Debtor(s):
Denise Johnson-Scott Represented By Michael A Younge
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
JPMorgan Chase Bank, National Association vs. DEBTOR (Motion filed 8/31/18)
[RE: 1240 E Banyan Avenue, Anaheim CA 92805 ]
Docket 44
The Court will grant the motion under 11 U.S.C. § 362(d)(1). The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Artemio Uriostegui Sagal Represented By Luis G Torres
Joint Debtor(s):
Elidia Garcia Sagal Represented By Luis G Torres
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [REAL PROPERTY]
Wells Fargo Bank, N.A. vs. Debtor (Motion filed 8/14/18)
[RE: 119 Montana Del Lago Dr, Rancho Santa Margarita,California 92688]
FR: 9-10-18
Docket 48
- NONE LISTED -
Debtor(s):
Joan Ellen Yates Represented By Allan S Williams
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Deutsche Bank National Trust Company, As Trustee For The Benefit Of The Harborview 2004-8 Trust Fund vs. DEBTOR
(Motion filed 9/7/18)
[RE: 21492 Countryside Drive, Lake Forest, CA 92630]
Docket 39
The Court will grant the motion under 11 U.S.C. § 362(d)(1). The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Brian Edward McDonald Represented By Charles J Brash
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
JPMorgan Chase Bank, N.A. vs. DEBTORS (Motion filed 9/4/18)
[RE: 2016 Chevrolet Suburban - VIN No.: 1GNSCHKC3GR328371]
Docket 60
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Nilanj Dinesh Pandya Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Kavita Pandya Represented By Michael Jones Sara Tidd
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Motion for relief from stay [REAL PROPERTY]
Citizens Bank NA f/k/a RBS Citizens NA, And Its Successors And/Or Assignees
v. DEBTOR
(Motion filed 8/29/18)
[RE: 16 Blanco, Foothill Ranch, CA 92610]
Docket 31
- NONE LISTED -
Debtor(s):
Elizabeth Martin Represented By Amanda G Billyard
Movant(s):
Citizens Bank NA f/k/a RBS Represented By Christina J O
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay REAL PROPERTY
Wilmington Savings Fund Society, FSB, As Trustee Of Stanwich Mortgage Loan Trust
(Motion filed 9/14/18) (Amended Motion filed 10/1/18)
[RE: 718 W. Roberta Avenue, Fullerton, California 92832]
Docket 26
The Court will grant the motion under 11 U.S.C. § 362(d)(1). The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Luis E Sanchez Represented By David R Chase
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
U.S. Bank National Association vs. DEBTOR (Motion filed 9/21/18)
[RE: 2015 Mazda CX-9 - VIN No.: JM3TB2CV8F0449694]
Docket 32
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ricardo Gabriel De La Riva Represented By Khushwant Sean Singh
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Partners Federal Credit Union vs. DEBTORS (Motion filed 9/17/18)
[RE: 2014 Ford Mustang - VIN No.: 1ZVBP8CF4E5259357]
Docket 7
The Court will grant the motion under 11 U.S.C. § 362(d)(2) only. The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Martin Ramos Ramirez Represented By Marlin Branstetter
Joint Debtor(s):
Julissa Ramos Represented By Marlin Branstetter
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [REAL PROPERTY]
U.S. Bank, National Association, As Trustee For The EMC Morgage Loan Trust 2002-B, Mortgage Pass-Through Certificates Series 2002-B, its assignees and/or successor vs. Debtor
(Motion filed 8/23/18)
[RE: 3170 Walingford Drive, Grand Prairie, TX 75052]
FR: 9-17-18
Docket 49
- NONE LISTED -
Debtor(s):
Sylvia Denise Thomas Represented By
D Justin Harelik
Movant(s):
U.S. Bank, National Association, as Represented By
Kristin A Zilberstein Nancy L Lee
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
2:00 PM
Hearing RE: Omnibus Motion For Order Disallowing Or Subordinating Claims (Motion filed 9/13/18)
Claim | No. | 99 | Patricia Halonen | $188,000.00 |
Claim | No. | 100 | Patricia Halonen | $188,000.00 |
Claim | No. | 101 | Linda Pollick | $80,000.00 |
Docket 814
The Court will grant the motion. Claim No. 99 is disallowed in its entirety as a duplicate claim. Claims 100 and 101 are subordinated pursuant to 11 U.S.C. § 726(a) (3).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Private Asset Group, Inc Represented By Matthew E Faler
Trustee(s):
Peter J Mastan (TR) Represented By Thomas H Casey Steve Burnell
Lei Lei Wang Ekvall Autumn D Spaeth ESQ Kyra E Andrassy
2:00 PM
Hearing RE: Motion Of Debtor To Voluntarily Dismiss Chapter 11 Proceeding Pursuant To 11 U.S.C. Section 1112(b) And F.R.B.P. Sections 1017 And 9014 (Motion filed 9/10/18)
Docket 136
The Court will grant the motion in part and dismiss the case with a 180-day bar to re- filing. All U.S. Trustee fees must have been paid in full by the date of the hearing.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Madhulika Baid Represented By Michael R Totaro
2:00 PM
Hearing RE: Motion To Dismiss Chapter 11 Case Filed By Debtor (Motion filed 9/5/18)
Docket 146
The Court will dismiss the case contingent upon all fees due and owing to the U.S. Trustee being paid in full.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Blue Light Capital Corp Represented By Alan M Lurya
2:00 PM
Adv#: 8:15-01391 Baek et al v. Halvorson et al
Hearing RE: Motion (1) For Stay Relief To The Extent Necessary And (2) To Vacate All Orders And Dismiss Action PUrsuant To FRCP 12(b)(1) For Lack Of Subject Matter Jursidiction
(Motion filed 8/31/18)
Docket 298
- NONE LISTED -
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee
Defendant(s):
JH RE Holdings, LLC Pro Se
Granite Bay Partners II, LLC Pro Se
PCC Fund I, LLC Pro Se
Jerry Ann Randall Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Manee
2:00 PM
Dan L. Halvorson Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Manee
John O. Halvorson Represented By Marc C Forsythe Charity J Manee
Commercial Income Advisors, Inc. Pro Se
Plaintiff(s):
Richard Baek Represented By Reem J Bello Ali Matin
Steven J. Katzman Kyle Kveton
Weneta M. Kosmala Pro Se
Pacific Commercial Group, LLC Represented By
Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
Baek 153, LLP Represented By Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
2:00 PM
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTOR, Lynda Bui, trustee (Motion filed 9/10/18)
Re: 2016 Chevrolet Impala, VIN 2G1115S35G9139927
(Tele. appr Sheryl Ith, rep. creditor, Santander)
Docket 33
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
John Thomas Hargrove Represented By Susan Jill Wolf
Joint Debtor(s):
Rosalina Hargrove Represented By Susan Jill Wolf
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Jeffrey A. Clark & Associates, APLC - movant attorney Motion for Relief from Stay
Mountain America Credit Union vs. DEBTORS (Motion filed 9/10/18)
Re: 2016 Chevrolet Silverado 2500
(Tele. appr. Sara Spaeth, rep. creditor, Mountain America Credit Union)
Docket 18
The Court will grant the motion under 11 U.S.C. § 362(d)(1). The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael Anthony Pacheco Represented By Nicholas M Wajda
Joint Debtor(s):
Kaitlin Mackenzie Pacheco Represented By Nicholas M Wajda
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Allen Law Office, Inc. - movant attorney Motion for Relief from Stay
BMW Bank of North America vs. DEBTORS (Motion filed 9/18/18)
Re: 2013 BMW 328i Coupe SULEV 2013 BMW 328i Coupe SULEV
Docket 14
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Carlos Chamul Represented By Brian J Soo-Hoo
Joint Debtor(s):
Claudia Chamul Represented By Brian J Soo-Hoo
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Wells Fargo Bank vs. DEBTORS, Karl T. Anderson, trustee (Motion filed 9/21/18)
Re: 2010 Nissan Murano-V6, VIN JN8AZ1MW2AW134669
(Tele. appr. Sheryl Ith, rep. creditor, Wells Fargo)
Docket 14
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
David L. Manker Represented By Patricia M Ashcraft
Joint Debtor(s):
Laurie W. Manker Represented By Patricia M Ashcraft
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
The Law Office of Jason C. Tatman - movant attorney Motion for Relief from Stay
E*Trade Bank vs. DEBTOR (Motion filed 9/14/18)
RE: 10235 Northride Avenue, Rancho Cucamonga, CA 91737
(Tele. appr. James Tatman, rep. Creditor E*Trade Bank)
Docket 9
The Court will deny the motion without prejudice. Debtor has a large equity cushion and has overall equity in the property.
COURT TO PREPARE ORDER.
Debtor(s):
Dona Rose Douglas Represented By Neil R Hedtke
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Wright, Finlay & Zak, LLP - movant attorney Motion for Relief from Stay
21st Mortgage Corporation vs. DEBTORS (Motion filed 8/31/18)
Re: 1974 Skyline "Cameron" (56'x24') Mobilehome Serial No. S5236X/U Decal LAG1974 .
(Tele. appr Mark Blackman, rep. creditor, 21st Mortgage Corporation)
Docket 8
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Robert Ronald Barba Represented By Alon Darvish
Joint Debtor(s):
Lorraine Lynn Barba Represented By Alon Darvish
9:00 AM
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gaqe, Duffy & Woog, movant attorney Motion for Relief from Stay
TD Auto Finance LLC vs. Debtor and Charles Daff, Trustee (Motion filed 9/6/18)
Re: 2016 Chevrolet Tahoe, VIN 1GNSCAKC0GR232320
(Tele. appr. Sheryl Ith, rep. creditor, TD Auto Finance)
Docket 9
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Hector Bustamante Represented By William S Tilton
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Kimball, Tirey St. John LLP - movant attorney Motion for Relief from Stay
2014-3 IH Borrower L.P. vs. DEBTORS (Motion filed 9/12/18)
Re: 2435 Deanna Dr., San Bernardino, CA 92407
Docket 12
- NONE LISTED -
Debtor(s):
Marc Daniel Dominguez Represented By Gordon L Dayton
Joint Debtor(s):
Angelina Rose Dominguez Represented By Gordon L Dayton
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
TD Auto Finance LLC vs. DEBTOR, Howard Grobstein, trustee (Motion filed 9/10/18)
Re: 2016 Dodge Ram 2500, VIN 3C6UR5NJ8GG121085
(Tele. appr. Sheryl Ith, rep. creditor TD Auto Finance)
Docket 7
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Albert Carbajal Represented By Julie J Villalobos
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
H.G. Long & Associates - movant attorney Motion for Relief from Stay
James Pritchard & Virginia Pritchard, Trustees of the Pritchard Family Trust vs. DEBTORS
(Motion filed 9/19/18)
Re: 604 Orchard Drive, Redlands, CA
Docket 13
The Court will grant the motion under 11 U.S.C. § 362(d)(1). The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mark Alvarez Pro Se
Joint Debtor(s):
Judy Alvarez Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
Hrg. on trustee's final report; applications for compensation
Docket 0
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$10,851.70 and expenses in the amount of $367.90.
The compensation is approved as to attorneys Roquemore, Pringle, with fees in the amount of $43,698.00 and expenses in the amount of $1,002.35.
The compensation is approved as to accountants Lea Accountancy, with fees in the amount of $5,538.00 and expenses in the amount of $530.38.
U.S. Trustee fees are approved in the amount of $650.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ellen Lucile Salkin Represented By Matthew Horgan
2:00 PM
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
2:00 PM
Hrg. on Trustee's Motion for Order Approving Settlement and Compromise of Disputes Under Federal Rule of Bankruptcy Procedure 9019 Between the Bankruptcy Estate and the Debtor
(Placed on calendar by order signed on 9/20/18)
Docket 70
The Court will grant the motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Russell John Molina Represented By Summer M Shaw
Trustee(s):
Charles W Daff (TR) Represented By Lynda T Bui Elyza P Eshaghi
Brandon J Iskander
2:00 PM
Hrg. on Motion By United States Trustee To Dismiss Or Convert Chapter 11 Case
Docket 274
- NONE LISTED -
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Hrg. on trustee's final report; applications for compensation
(Tele. appr. Rika Kido, rep. trustee, Charles Daff)
Docket 0
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$3,663.08 and expenses in the amount of $71.88.
The compensation is approved as attorneys Shulman Hodges, with fees in the amount of $4,172.64 and expenses in the amount of $877.02.
The compensation is approved as to accountants Hahn Fife, with fees in the amount of $2,268.00 and expenses in the amount of $382.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jay L Moffet Represented By
2:00 PM
Curtis A Cavalletto
Joint Debtor(s):
Max E Kennedy Represented By Curtis A Cavalletto
Trustee(s):
Charles W Daff (TR) Represented By Lynda T Bui Rika Kido
2:00 PM
Hrg. on Chapter 7 Trustee's Motion filed 9/21/18 for Order Compelling Turnover of Estate
Docket 75
The Court will grant the motion and require turnover of the items listed on pages 9 and 10 of the Motion on or before ten (10) days after entry the order granting the Motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Enriquez Q Amezcua Pro Se
Trustee(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
2:00 PM
Hrg. on Chapter 7 Trustee's Motion for Order compelling turnover of estate property and documents
Docket 37
The Court will order this matter into mediation. The mediation stipulation shall be filed on or before November 15, 2018 and an order lodged thereon on or before November 15, 2018. If the parties are able to settle the dispute before November 15, 2018, the mediation need not go forward.
The hearing on the motion is continue to February 12, 2019 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
Juan Manuel Pesqueda Represented By Gary S Saunders
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
2:00 PM
Hrg. on Debtor's third motion to extend periods within which debtor has the exclusive right to propose a chapter 11 plan and to solicit acceptances thereto
(Tele. appr. Martin Eliopulos, rep. Havasu)
Docket 180
The Court will grant the motion and extend the Debtor's exclusive right to propose a plan to December 10, 2018 and extend the period to solicit acceptances to February 27, 2019. There will be no further extensions granted absent rare and extraordinary exceptions.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
Hrg on Creditor Arrow Disposal Services, Inc Motion to convert case from chapter 11 to chapter 7 or dismiss
Docket 133
The Court will deny the motion without prejudice. Movant has failed to make a sufficient showing that the Chapter 11 petition was filed in bad faith, that Debtors have no feasible path to plan confirmation, or that dismissal would be in the best interest of creditors. This case is still in its early stages. The Court will likely set deadlines for filing a plan and disclosure statement, and confirming a plan, at the next status conference.
DEBTORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Deontay Daymont Potter Represented By
M. Jonathan Hayes
Joint Debtor(s):
Joy Shaun Potter Represented By
M. Jonathan Hayes
2:00 PM
Hrg re. Debtors' Motion re: objection to claim no 25 filed by Claimant Environmental Chemical & Consulting, Inc
(Cont. from 8/7/18)
Docket 92
The Court will allow the parties to take late discovery and will enter the following scheduling order:
All discovery shall close on January 31, 2019.
ECC's brief is due February 15, 2019.
Debtors' brief is due March 4, 2019.
An evidentiary hearing is set for April 10, 2019 in Santa Ana at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Deontay Daymont Potter Represented By
M Jonathan Hayes
Joint Debtor(s):
Joy Shaun Potter Represented By
M Jonathan Hayes
2:00 PM
Movant(s):
Deontay Daymont Potter Represented By
M Jonathan Hayes
Joy Shaun Potter Represented By
M Jonathan Hayes
2:00 PM
Hrg. on First and Final Application for Compensation and Reimbursement of Expenses of Michael Jay Berger, Debtor's Attorney, Period: 2/28/2018 to 8/29/2018, Fee: $22,640.00, Expenses: $735.53
(Tele. appr. Michael Berger, rep. Debtor)
Docket 73
The Court finds that the Applicant's requested compensation represents reasonable compensation for the services rendered in the applicable time period of the application. The motion is granted, and the compensation is allowed on a final basis, with fees in the amount of $22,640.00 and expenses in the amount of $735.53.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Yankee Clipper Distribution of Represented By Michael Jay Berger Everett L Green
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 8/9/16)
FR: 10-12-16; 11-9-16; 2-15-17; 5-3-17; 9-27-17, 12-13-17; 2-28-18; 6-6-18
Docket 8
The status reports was very helpful. The Court will excuse noncompliance with the deadline of August 31, 2018 for filing a plan and disclosure statement and will extend the deadline for confirming a plan to March 31, 2019.
Next status conference: January 30, 2019 at 9:00 a.m. with an updated status report due January 16, 2019.
COURT TO PREPARE ORDER.
Debtor(s):
Eric Martinson Represented By Richard Lynn Barrett
9:00 AM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
STATUS CONFERENCE Hearing RE: Adversary Complaint:
To Revoke Confirmation Of The First Amended Plan;
For Fraud By Misrepresentation And/Or Omission (Complaint filed 7/27/18)
Docket 1
The Court will issue the following scheduling order:
All discovery shall close May 31, 2019.
All discovery motions shall be heard before June 30, 2019.
All pretrial motions (except motions in limine) shall be heard before July 31, 2019.
Pretrial conference is set for August 14, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
Defendant(s):
Michael Younessi Pro Se
9:00 AM
Plaintiff(s):
Diamond Enterprises, Ltd, LP Represented By
M Douglas Flahaut
9:00 AM
Adv#: 8:18-01075 Street v. Greer et al
Hearing RE: Defendant Phillip Barry Greer's Motion to Dismiss Chriss Street's First Amended Complaint (FRCP 12(B)(6)
(Motion Filed 8/28/18)
Docket 39
The state court judgment attached as Exhibit A to the First Amended Complaint is explicit on its face that $7,583,589.70 in damages against debtor-defendant Phillip Greer are on account of "PROFESSIONAL NEGLIGENCE" (i.e., legal malpractice). The state court judgment separately shows damages of $$2,416,410.30 attributable to "INTENTIONAL MISREPRESENTATION AND FRAUD." Generally speaking, debts arising from reckless or negligent conduct do not fall within the compass of the discharge exception for willful and malicious injury. In re Parra, 483 B.R. 752 (Bankr. D. N.M. 2012). Therefore, the Court grants that portion of the motion to dismiss that seeks dismissal of that portion of the First Amended Complaint seeking a determination that the state court judgment for $7,583,589.70 is excepted from discharge pursuant to 11 U.S.C. § 523(a)(6).
It may also be the case that the damages for legal malpractice awarded by the state court do not and cannot fall within the exception-to-discharge categories of 11 U.S.C. § 523(a)(2) and 11 U.S.C. § 523(a)(4). However, the motion fails to make a sufficient showing that this interpretation is correct as a matter of law.
The other allegations made in the First Amended Complaint survive a motion to dismiss because the Court is unable to conclude that they fail to state claims upon which relief can be granted.
As reflected above, the motion is granted in part and denied in part. PLAINTIFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Phillip Barry Greer Pro Se
Arlene C. Greer Represented By Phillip Greer
Richard A. Marshack Represented By Ryan D ODea
Plaintiff(s):
Chriss W. Street Represented By Timothy C Aires
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D ODea
9:00 AM
Adv#: 8:18-01148 Hernandez v. United States of America, by its agency Internal R
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Tax Liability
(Complaint filed 7/26/18)
Docket 1
The Court will continue the status conference to January 16, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Lisa Hernandez Represented By Bruce A Boice
Defendant(s):
United States of America, by its Pro Se
Plaintiff(s):
Lisa Hernandez Represented By Bruce A Boice
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:18-01084 Modern VideoFilm, Inc. v. Barkat et al
CONT'D Hearing RE: Motion To Dismiss Modern VideoFilm, Inc.'s First Amended Complaint
[Motion Treated As Summary Judgment Motion]
(Motion filed 7/6/18) FR: 8-1-18
Docket 33
- NONE LISTED -
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
Defendant(s):
Moshe Barkat Represented By Juliet Y Oh David L. Neale
Modern VideoFilm Holdings, LLC Represented By
Juliet Y Oh David L. Neale
Sidan Engineering, L.P. Represented By David L. Neale
Sivan Barkat Sherman Represented By
9:00 AM
David L. Neale
Danielle Barkat Turner Represented By David L. Neale
Deborah Barkat Represented By David L. Neale
Hugh Miller Represented By
David L. Neale
Plaintiff(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
Adv#: 8:18-01084 Modern VideoFilm, Inc. v. Barkat et al
CONT'D Hearing RE: Special Motion To Strike Second, Tenth And Fifteenth Claims For Relief From Modern VideoFilm, Inc.'s First Amended Complaint [Motion Treated As Summary Judgment Motion]
(Motion filed 7/6/18)
[Defendant Hugh Miller dismissed 8/10/18 - Docket No. [57])
FR: 8-1-18
Docket 34
- NONE LISTED -
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
Defendant(s):
Moshe Barkat Represented By Juliet Y Oh David L. Neale
Modern VideoFilm Holdings, LLC Represented By
Juliet Y Oh David L. Neale
Sidan Engineering, L.P. Represented By David L. Neale
9:00 AM
Sivan Barkat Sherman Represented By David L. Neale
Danielle Barkat Turner Represented By David L. Neale
Deborah Barkat Represented By David L. Neale
Hugh Miller Represented By
David L. Neale
Plaintiff(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
CONT'D Evidentiary Hearing RE: The Following Issues:
The Issue Of Whether The Involuntary Petition In This Case Was Filed In Bad Faith.
Additional The Issue Will Be Whether And To What Extent The Creditors Who Are On The List Of Petitioning Creditors Should Be Held To Be Jointly And Severally Liable For Actual And Punitive Damages To QDOS In The Event The Court Determines That The Petition Was Filed In Bad Faith.
(Set per Order Entered 8-8-18) FR: 8-10-18; 9-10-18
Docket 35
The evidentiary hearing will go forward.
Debtor(s):
QDOS, Inc Represented By
Damian D Capozzola
9:00 AM
Evidentiary Hearing RE: Debtor QDOS Inc's Motion To Dismiss Involuntary Petition And Request For Costs, Fees And Damages
(Motion filed 6/22/18)
(Evidentiary hearing RESET per Order Entered 9-18-18) FR: 8-8-18
Docket 7
The evidentiary hearing will go forward.
Debtor(s):
QDOS, Inc Represented By
Damian D Capozzola
9:00 AM
Adv#: 8:15-01391 Baek et al v. Halvorson et al
CONT'D STATUS CONFERENCE Hearing
(Set per Order Staying Memorandum Decision And Order After Bifurcated Trial On Unclean Hands Entered on 2/20/18)
FR: 2-28-18; 4-25-18; 9-5-18
Docket 1
The Court will inquire into the staus of proceedings before Judge Selna.
The show-cause hearing set for December 12, 2018 at 9:00 a.m. in the main bankruptcy case will be a status conference only. No briefing schedule will be set at this time.
Further, the hearing set for December 12, 2018 at 9:00 a.m. in Baek v. Halvorson, no. 8:15-ap-01391-MW (the "1391 Action") on the motion to dismiss pursuant to FRCP 12(b)(1) will be a status conference only. No briefing schedule will be set at this time.
The Court further extends the stay of the February 14, 2018 Memorandum Decision through December 12, 2018.
The Court continues the hearing on the motion for sanctions in the 1391 Action against Richard Baek and others (ECF 61) to January 23, 2019 at 9:00 a.m.
Next status conference: December 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
9:00 AM
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
John O. Halvorson Represented By Marc C Forsythe Charity J Miller
Dan L. Halvorson Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Miller
Jerry Ann Randall Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Miller
PCC Fund I, LLC Pro Se
Granite Bay Partners II, LLC Pro Se
JH RE Holdings, LLC Pro Se Commercial Income Advisors, Inc. Pro Se
9:00 AM
Plaintiff(s):
Richard Baek Represented By Reem J Bello Ali Matin
Steven J. Katzman Kyle Kveton
Pacific Commercial Group, LLC Represented By
Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
Baek 153, LLP Represented By Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
Weneta M. Kosmala Pro Se
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:15-01391 Baek et al v. Halvorson et al
CONT'D Hearing RE: Motion For (1) Sanctions Against Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC, Grace Baek, And Their Attorneys Of Record, Corey Tolliver, And Christopher Coyle For Failure To Participate In Court Ordered Mediation In Good Faith; And (2) Order Revoking Pro Hac Vice Admissions Of Attorneys Christopher Coyle And Corey Tolliver (Docket No.
[61] in 8:15-ap-01391, Docket No. [41] in 8:15-ap-01454) And Motion To Lift The Stay Imposed On June 29, 2016 (Docket No. [76] in 8:15-ap-01391, Docket No. [58] in 8:15-ap-01454)
(Order setting hearing Entered 11/22/17) FR: 2-28-18; 4-11-18; 6-13-19
Docket 61
- NONE LISTED -
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
John O. Halvorson Represented By Marc C Forsythe Charity J Miller
Dan L. Halvorson Represented By Guillermo Cabrera Christopher Celentino
9:00 AM
Peter W Bowie Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Miller
Jerry Ann Randall Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Miller
PCC Fund I, LLC Pro Se
Granite Bay Partners II, LLC Pro Se
JH RE Holdings, LLC Pro Se Commercial Income Advisors, Inc. Pro Se
Plaintiff(s):
Richard Baek Represented By Reem J Bello Ali Matin
Steven J. Katzman Kyle Kveton
Pacific Commercial Group, LLC Represented By
Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
Baek 153, LLP Represented By Reem J Bello
9:00 AM
Kyle Kveton Steven J. Katzman Ali Matin
Weneta M. Kosmala Pro Se
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:15-01454 Baek v. Halvorson et al
CONT'D STATUS CONFERENCE Hearing
(Set per Order Staying Memorandum Decision And Order After Bifurcated Trial On Unclean Hands Entered on 2/20/18)
FR: 2-28-18; 4-25-18; 9-5-18
Docket 1
The Court will inquire into the staus of proceedings before Judge Selna.
The show-cause hearing set for December 12, 2018 at 9:00 a.m. in the main bankruptcy case will be a status conference only. No briefing schedule will be set at this time.
The Court further extends the stay of the February 14, 2018 Memorandum Decision through December 12, 2018.
The Court continues the hearing on the motion for sanctions in Baek v. Halvorson, no. 8:15-ap-01454-MW (ECF 41) to January 23, 2019 at 9:00 a.m.
Next status conference: December 12, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
9:00 AM
Defendant(s):
John Olaf Halvorson Represented By Charity J Miller Marc C Forsythe
Weneta M.A. Kosmala Represented By Reem J Bello
Plaintiff(s):
Grace Baek Represented By
Ali Matin
Steven J. Katzman Kyle Kveton
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:15-01454 Baek v. Halvorson et al
CONT'D Hearing RE: Motion For (1) Sanctions Against Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC, Grace Baek, And Their Attorneys Of Record, Corey Tolliver, And Christopher Coyle For Failure To Participate In Court Ordered Mediation In Good Faith; And (2) Order Revoking Pro Hac Vice Admissions Of Attorneys Christopher Coyle And Corey Tolliver (Docket No.
[61] in 8:15-ap-01391, Docket No. [41] in 8:15-ap-01454) And Motion To Lift The Stay Imposed On June 29, 2016 (Docket No. [76] in 8:15-ap-01391, Docket No. [58] in 8:15-ap-01454)
(Order setting hearing Entered 11/22/17) FR: 2-28-18; 4-11-18; 6-13-18
Docket 41
- NONE LISTED -
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
John Olaf Halvorson Represented By Charity J Miller Marc C Forsythe
Weneta M.A. Kosmala Represented By Reem J Bello
9:00 AM
Plaintiff(s):
Grace Baek Represented By
Ali Matin
Steven J. Katzman Kyle Kveton
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 5/11/17)
(Case Converted To Chapter 11 on 7/24/17)
FR: 9-27-17; 10-18-17; 1-17-18; 5-9-18, 7-11-18
Docket 0
- NONE LISTED -
Debtor(s):
Josefina Cendejas Represented By Andrew S Bisom
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 5/11/17)
(Case Converted To Chapter 11 on 7/24/17)
FR: 9-27-17; 10-18-17; 1-17-18; 5-9-18, 7-11-18
Docket 0
- NONE LISTED -
Debtor(s):
Gina Estrella Represented By
Andrew S Bisom
9:00 AM
Adv#: 6:17-01158 Daff v. Jofemar USA, Inc.
STATUS CONFERENCE re: Complaint by Charles W Daff against Jofemar USA, Inc.. (Charge To Estate). Chapter 7 Trustees Complaint For: 1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. §§ 547; And 550; 2. Recovery Of Avoided Preferential Transfers Pursuant To 11 U.S.C. §§ 547 And 550 Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))
(Cont from 7/24/18)
Docket 1
Debtor(s):
AVT, Inc. Pro Se
Defendant(s):
Jofemar USA, Inc. Represented By Kyra E Andrassy
Plaintiff(s):
Charles W Daff Represented By Cathrine M Castaldi
Trustee(s):
Charles W Daff (TR) Represented By Cathrine M Castaldi
9:00 AM
Adv#: 6:17-01159 Daff v. American Express
PRE-TRIAL CONFERENCE re: Complaint by Charles W Daff against American Express. (Charge To Estate). Chapter 7 Trustees Complaint For: 1. Avoidance Of Preferential Transfers Pursuant To 11 U.S.C. §§ 547 And 550; 2. Avoidance Of Post-Petition Transfers Pursuant To 11 U.S.C. § 549; And 3. Recovery Of Avoided Transfers Pursuant To 11 U.S.C. § 550 Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other)
(Cont. from 9/13/18)
Docket 1
Debtor(s):
AVT, Inc. Pro Se
Defendant(s):
American Express Represented By Robert S Lampl
Plaintiff(s):
Charles W Daff Represented By Cathrine M Castaldi
Trustee(s):
Charles W Daff (TR) Represented By Cathrine M Castaldi
9:00 AM
Adv#: 6:18-01119 Todd A. Frealy, Chapter 7 Trustee of the Bankruptc v. Uomoto et al
STATUS CONFERENE re: Complaint by Todd A. Frealy, Chapter 7 Trustee of the Bankruptcy Estate of BioData Medical Laboratories, Inc. against Akemi Uomoto, Henry Wallach. (Charge To Estate $350). (Attachments: # 1 Adversary Cover Sheet) Nature of Suit: (14 (Recovery of money/property - other))
(Cont. from 9
Docket 0
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan Joseph N Darweesh
Defendant(s):
Akemi Uomoto Represented By Zev Shechtman
Henry Wallach Represented By Zev Shechtman
Plaintiff(s):
Todd A. Frealy, Chapter 7 Trustee of Represented By
Kurt Ramlo Juliet Y Oh Eve H Karasik Todd A Frealy
Trustee(s):
Todd A. Frealy (TR) Represented By Eve H Karasik
9:00 AM
Jeffrey S Kwong Juliet Y Oh Carmela Pagay
9:00 AM
Adv#: 6:16-01299 BioData Medical Laboratories, Inc. v. Merchant Cash & Capital, LLC.
PRE-TRIAL CONFERENCE re: Complaint by BioData Medical Laboratories, Inc. against Merchant Cash & Capital, LLC.. (Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(72 (Injunctive relief - other)),(91 (Declaratory judgment))
(Con't from 8/30/18)
Docket 1
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan
Defendant(s):
Merchant Cash & Capital, LLC. Pro Se
Plaintiff(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 6/7/18)
Docket 0
Debtor(s):
Sunpro Solar Inc. Represented By
Robert B Rosenstein
9:00 AM
Adv#: 6:18-01155 Simons (TR) v. Valdivia
Status Conference re: complaint to avoid and recover fraudulent transfer EH
Docket 1
Debtor(s):
Ruben Valdivia Pro Se
Defendant(s):
Jhon Valdivia Pro Se
Plaintiff(s):
Larry D. Simons (TR) Represented By Frank X Ruggier
Trustee(s):
Larry D Simons (TR) Represented By Frank X Ruggier
9:00 AM
Adv#: 6:18-01155 Simons (TR) v. Valdivia
Hrg on Motion for Default Judgment Against Defendant Jhon Valdivia
Docket 8
Debtor(s):
Ruben Valdivia Pro Se
Defendant(s):
Jhon Valdivia Pro Se
Plaintiff(s):
Larry D. Simons (TR) Represented By Frank X Ruggier
Trustee(s):
Larry D Simons (TR) Represented By Frank X Ruggier
9:00 AM
Hrg. on Chapter 11 Status Conference
Docket 0
Debtor(s):
Littlefield Physical Therapy, Inc. Represented By
Evan L Smith
2:00 PM
Hrg. on Disclosure Statement
Docket 0
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:30 PM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Logix Federal Credit Union, in the amount of $ 10,338.23
Re: 2014 Nissan Altima
Docket 20
Debtor(s):
Cristian Javier Rivera Represented By Judy P Hsu
Trustee(s):
Larry D Simons (TR) Pro Se
2:30 PM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $20,760.27
Re: 2017 Toyota Corolla
Docket 7
Debtor(s):
Craig S Berglin Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
2:30 PM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and CarMax Auto Finance, in the amount of $11,074.59
Re: 2012 Nissan Leaf
Docket 9
Debtor(s):
Leandrew George Jackson Represented By Terrence Fantauzzi
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
BMW Bank Of North America vs. DEBTOR (Motion filed 9/24/18)
[RE: 2010 BMW 5 Series Sedan 4D 528I - VIN No.: WBANU5C52AC366344]
Docket 23
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Peter M Shotts Represented By Elena Steers
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Hearing RE: Motion In Individual Case For Order Confirming Termination Of Stay Under 11 U.S.C. Section 362(c)(3) Or That No Stay Is In Effect Under 11
U.S.C. Section 362(c)(4)(A)(ii)
[RE: 2230 W. La Verne Avenue, Santa Ana, California 92704]
Docket 13
No tentative ruling.
Debtor(s):
Celso Ponce Ortiz Represented By Ashishkumar Patel
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
Hearing RE: Motion For Clarification Of Order Approving Sale And Transfer Of Assets To Sean Tucker And Leslie Tucker
(Motion filed 9/20/18)
Docket 733
In July 2005, Jeffrey Sumner Childs ("Mr. Childs") acquired an option to purchase certain mining claims in San Bernardino County and Kern County, California. Less than one year later, in March 2006, Mr. Childs, C.B. Nanda ("Mr. Nanda") and possibly certain other parties entered into an "Agreement for Triple Nine Plus Fine Land and Mining Company, L.L.C." ("TNPF") for the purpose of acquiring and holding title to mining claims located in San Bernardino and Kern Counties. TNPF did in fact acquire such mining claims around March 2006.
The TNPF LLC agreement referred to in the preceding paragraph shows Mr. Childs holding a
16.5 percent interest, the Gold Nugget Church (an entity controlled by Mr. Childs) holding a
27.5 percent interest, Mr. Nanda holding a 40 percent interest, with the interests aggregating
5.5 percent held by "Bob," "Cyclist," "Bullion dealer #1," and "Bullion dealer #2." (Note that these percentages do not add up to 100 percent.)
Thereafter, major disputes erupted between Mr. Childs and Mr. Nanda, with allegations of fraud and sharp business practices hurled back and forth. Mr. Childs alleged that Mr. Nanda looted TNPF and caused it to transfer the mining claims to other entities owned or controlled by Mr. Nanda for little or no consideration. Mr. Nanda denies that he engaged in improprieties.
Mr. Nanda appears to have caused TNPF to commence an action in Orange County Superior Court in 2009 against Mr. Childs for breach of contract, fraud and other causes of action.
This case was assigned case number 30-2009-00125417-CU-BC-CJC (the "State Court Action"). As originally filed, the complaint sought money damages for fraud but did not
2:00 PM
request the equitable remedy of rescission of the transaction whereby Mr. Childs acquired his membership interests in TNPL.
Mr. Childs filed a chapter 7 petition in this Court in November 2012. Long and protracted legal battles ensued among Mr. Childs, Mr. Nanda, Jeffrey Golden (the chapter 7 trustee for Mr. Childs’s bankruptcy estate), and Sean and Leslie Tucker. (Sean Tucker apparently was the "Cyclist" referred to above and later provided a loan to the bankruptcy estate to provide it with the financial wherewithal to continue litigating against Mr. Nanda.) Five years later, in 2017, the chapter 7 trustee proposed to sell the estate assets related to the mining claims to the highest bidder. The Tuckers and Mr. Nanda each entered competing bids, with the Tuckers as emerging as the winning bidders.
The assets purchased by the Tuckers under the Asset Purchase Agreement approved by this Court in its Order Approving Sale and Transfer of Assets to Sean and Leslie Tucker, Docket No. 585, filed and entered February 21, 2017 (the "Sale Order"), include all the bankruptcy estate’s interest (which equates to all Mr. Child’s interest immediately before the filing of bankruptcy petition, see 11 U.S.C. § 541(a)) in TNPF. The Court did not determine the specific percentage amount of membership interests held by the estate in TNPF, but whatever that percentage interest was, the Tuckers acquired it. Because the Tuckers, who were willing buyers, paid hundreds of thousands of dollars for these assets through a credit bid of their loan to the estate (plus promises to pay even more if certain targeted amounts were earned through the mining claims), and because as a practical matter the principal asset being acquired was the estate’s interest in TPFN’s mining claims (or in the entities to which such claims had been transferred), it is established that these assets had a value greater than zero – as determined by an arm’s length sale with two active bidders.
The sale was conducted under the authority of Section 363(f) of the Bankruptcy Code, which expressly authorizes a sale of property free and clear of any interest in such property where a bona fide dispute exists as to such interest. 11 U.S.C. § 363(f)(4). That a bona dispute existed as to Mr. Nanda’s interest (and/or the interest of entities owned or controlled by him) in Mr. Childs’s interest and later the estate’s interest in TNPF was as clearly established as any proposition possibly could be, for the parties had been fighting over precisely this matter for the better part of a decade.
Recognizing that the requirements of Bankruptcy Code section 363(f) had been fully satisfied, the Court’s Sale Order provided on page 4, lines 1-2 that "IT IS FURTHER
2:00 PM
ORDERED that the sale and transfer of the Assets is free and clear of all liens, claims, encumbrances and other interests "
The Court is informed that Mr. Nanda has amended his complaint in the State Court Action to seek rescission of the issuance of TNPF membership interests to Mr. Childs on grounds of fraud committed by Mr. Childs (as opposed to a more limited request for money damages). If such rescission were awarded, it would deprive the Tuckers of the very property they purchased in this Court pursuant to the Sale Order and the Asset Purchase Agreement.
The issue before this Court is whether this Court’s Sale Order cuts off and eliminates any and all rights Mr. Nanda (and/or entities owned or controlled by him) has or may have to seek rescission by reason of provisions in the Sale Order that make the sale to the Tuckers "free and clear of all liens, claims, encumbrances and other interests."
The United States Court of Appeals for the Seventh Circuit has made it clear that the term "interest" in section 363(f) should not be understood in any narrow or special sense. Instead, a broad interpretation is favored. Precision Indus., Inc. v. Qualitech Steel SBQ, LLC, 327 F.3d 537, 545 (7th Cir. 2003).
The Seventh Circuit has also held that a proceeding under section 363 is an in rem proceeding in which property rights are transferred, and such rights are good against the entire world. Gekas v. Pipin (In the Matter of Met-L-Wood Corp.), 861 F.2d 1012, 1017 (7th Cir. 1988).
Various authorities make it clear that rights arising in third parties as a result of prepetition bad acts of the debtor or persons affiliated with the debtor that could otherwise be asserted to deprive a buyer at a section 363 sale of the property so acquired (or otherwise impact such property by reducing its value) are wiped out and eliminated in a section 363 sale when such sale, like the one at issue here, is made free and clear of interests of third parties.
One such authority is Regions Bank v. J.R. Oil Co., LLC, 387 F.3d 721 (8th Cir. 2004), where prepetition bad acts involving bank fraud giving rise to RICO claims were eliminated as to the buyer of the bankruptcy estate’s assets where the underlying sale occurred under the authority of section 363(f) and the bankruptcy court approved the sale free and clear of all liens, claims and encumbrances.
Another is a case cited by the Tuckers, Pusser’s (2001) Ltd. v. HMX, LLC, No. 11 C 4659,
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2012 U.S. Dist. LEXIS 43199 (N.D. Ill., March 28, 2012). In that case, a right to seek cancellation of a trademark as a result of prepetition bad conduct was eliminated as a result of a section 363 sale to a buyer where the sale of the trademark was free and clear of the interests of other parties in the trademark.
On the strength of these authorities and a broad interpretation of the meaning of the word "interest" in section 363, the Court holds that any right Mr. Nanda and/or entities owned or controlled by him may have had to rescind TNPF’s issuance of membership interests to Mr. Childs (such interests now being the Tuckers’ property) was eliminated as a result of the Sale Order’s "sale free and clear" provisions. This is in no way an amendment of the Sale Order but merely an interpretation of it, as this Court is entitled to do.
The motion is granted.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jeffrey Sumner Childs Pro Se
Trustee(s):
Jeffrey I Golden (TR) Represented By Ashley M McDow
Jeffrey I Golden (TR) Michael T Delaney
2:00 PM
Hearing RE: Motion To Reopen Chapter 7 Case (Motion filed 9/7/18)
(Set per CIAN Notice signed 9/13/18)
Docket 38
No tentative ruling.
Debtor(s):
Felix Castellanos Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
Hearing RE: Motion To Vacate Dismissal (Motion filed 9/7/18)
(Set per CIAN Notice signed 9/13/18)
Docket 39
No tentative ruling.
Debtor(s):
Felix Castellanos Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
Hearing RE: Objection To Claim No. 14 (Objection filed 9/13/18)
Docket 263
- NONE LISTED -
Debtor(s):
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen Melissa Davis Lowe
2:00 PM
Hearing RE: Motion For Order to Show Cause Pursuant to Local Bankruptcy Rule 9020-1 Why the Baeks Should Not Be Held in Contempt for Willfully Violating the Automatic Stay and Court Order and Sanctioned Pursuant to 11
U.S.C. Section 105 (Motion filed 5/29/18)
(Set per Order Entered 8-31-18)
Docket 282
- NONE LISTED -
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
2:00 PM
Hearing RE: Motion By United States Trustee To Dismiss Case Pursuant To 11
U.S.C. Section 1112(b); Request For Judgment For Any Quarterly Fees Due And Payable To The U.S. Trustee At The Time Of The Hearing
(Motion filed 9/25/18)
Docket 29
- NONE LISTED -
Debtor(s):
WCR Development Company LLC Represented By
Robert P Goe Michael J Hauser
2:00 PM
Hearing RE: Motion To Compel Release Of The Levied Funds Of The Property Of The Estate
(Motion filed 10/5/18)
[Tele. appr., David B., Rao, repr., Mazzetti Financial Services]
Docket 7
- NONE LISTED -
Debtor(s):
Susan Ann Niemi Represented By Joseph M Tosti
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Kimball, Tirey & St. John LLP - movant attorney Motion for relief from stay
2014-3 IH Borrower, LP vs Debtors (Motion filed 9/28/18)
RE: 2435 Deanna Drive, San Bernardino, CA 92407
Docket 11
No tentative ruling.
Debtor(s):
Marc Daniel Dominguez Represented By Gordon L Dayton
Joint Debtor(s):
Angelina Rose Dominguez Represented By Gordon L Dayton
Trustee(s):
Howard B Grobstein (TR) Pro Se
2:00 PM
Hrg. on trustee's final report; applications for compensation
Docket 0
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$950.00 and expenses in the amount of $0.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mauricio Lozano-Gonzalez Represented By
James Geoffrey Beirne
Trustee(s):
Howard B Grobstein (TR) Pro Se
2:00 PM
Hrg on Creditor Jamie Taylor's Objection to Exemption (Cont. from 5/29/18)
Docket 14
Based upon the Debtors' failure to produce documents that they are now relying upon to prove up their alleged entitlement to an exemption, the Court will decline to consider such evidence (i.e., the exhibits attached to the Declaration of Val Simon). Broxson v. Lakewest Condo. Ass'n, 2017 U.S. Dist. LEXIS 55423 (W.D. Wash. 2017) and other cases cited by Taylor in the Reply.
With the exclusion of this evidence, Debtors have failed to meet their burden of proof. The objection is sustained.
JAMIE TAYLOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Val James Simon Represented By Todd L Turoci
Joint Debtor(s):
Katherine Lois Simon Represented By Todd L Turoci
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 5/2/17)
FR: 7-5-17; 11-15-17; 3-7-18; 6-13-18
Docket 0
The Court will inquire into (1) the current status of liquidating the San Clemente residential property and the Wildomar Property, and (2) the approximate shortfall amounts with respec to Class 1A, Class 1B, and Class 7 (Mr. Neskovic).
Next status conference: to be determined. COURT TO PREPARE ORDER.
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/15/17)
FR: 12-20-17; 3-7-18; 5-30-18; 9-12-18
Docket 1
- NONE LISTED -
Debtor(s):
Mohdsameer Aljanedi Dental Represented By Andy C Warshaw
Richard L. Sturdevant
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 1/3/18)
FR: 3-7-18, 7-11-18
Docket 1
The Court will inquire into the Debtor's compliance with U.S. Trustee guidelines and requirements.
Next Status Conference: January 23, 2019. COURT TO PREPARE ORDER.
Debtor(s):
Fred Asafu-Adjaye Represented By Kevin Tang
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Kevin Tang
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: Chapter 11 Involuntary Petition (Petition filed 5/31/18)
FR: 6-25-18; 8-1-18; 9-19-18
Docket 1
The Court will continue the status conference to December 19, 2018 at 9:00 a.m., with an updated status report due December 4, 2018.
COURT TO PREPARE ORDER.
Debtor(s):
QDOS, Inc Pro Se
9:00 AM
Adv#: 8:18-01075 Street v. Greer et al
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For:
Determination Of Non-Dischargeability Of Debt;
Determination Of Non-Dischargeability Of Debt;
Determination Of Non-Dischargeability Of Debt;
Declaratory Relief RE: Determination Of Validity, Priority Or Extent Of Interest In Real Property and Personal Property
(Complaint filed 4/26/18) (First Amended Complaint filed 5/30/18) (Another Summons Issued 5/31/18)
[10-10-18 - Arlene Greer aka Arlene Biden ONLY dismissed -docket no. [47]
FR: 7-25-18; 8-29-18
Docket 8
The Court will issue a scheduling order:
All discovery shall close on May 31, 2019.
All discovery motions shall be heard before June 30, 2019.
All pretrial motions shall be heard before July 31, 2019.
Pretrial conference is set for August 14, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
9:00 AM
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Phillip Barry Greer Pro Se
Arlene C. Greer Pro Se
Plaintiff(s):
Chriss W. Street Represented By Timothy C Aires
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr
9:00 AM
Adv#: 8:18-01155 Naylor v. Sun et al
STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint Against Bianca Sun And Yan Yu Sun For:
For Imposition Of Resulting Trust;
For Imposition Of Constructive Trust;
Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(A);
Avoidance Of Constructive Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(B);
Recovery Of Transfer Per Section 550;
Judgment Quieting Title;
Declaratory Relief; And
Turnover Of Property Of The Estate Pursuant To 11 U.S.C. Section 542 (Complaint filed 8/3/18)
Docket 1
Based on the parties' indication in the status report that they would like to mediate, the Court will order this adversary proceeding into mediation. The parties shall file a mediation stipulation and lodge an order thereon on or before November 30, 2018.
Next status conference: March 27, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Chester C Davenport Represented By Jing Wang
9:00 AM
Defendant(s):
Bianca Sun Pro Se
Yan Yu Sun Pro Se
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
9:00 AM
Adv#: 8:18-01099 Lake v. Federal Trade Commission
CONT'D Hearing RE: Motion For Stay Of Adversary Proceeding (Set per Order Entered 7-25-18)
FR: 8-29-18
Docket 1
The Court will treat the motion for a stay as a motion to stay the main bankruptcy case and the FTC's adversary proceeding rather than an initiation of an adversary proceeding against the FTC.
The Court's tentative is to grant the motion, stay both the main bankruptcy case and the FTC's adversary proceeding, and dismiss Mr. Lake's adversary proceeding. The stay will be in effect through April 30, 2019 and may be extended if criminal proceedings against Mr. Lake are still pending at that time.
COURT TO PREPARE ORDER.
Debtor(s):
Dennis Edward Lake Represented By
D Justin Harelik
Defendant(s):
Federal Trade Commission Pro Se
Plaintiff(s):
Dennis Edward Lake Pro Se
9:00 AM
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Adv#: 8:18-01099 Lake v. Federal Trade Commission
CONT'D STATUS CONFERENCE Hearing RE: Complaint (Complaint filed 6/6/18)
FR: 8-29-18
Docket 1
The Court will treat the motion for a stay as a motion to stay the main bankruptcy case and the FTC's adversary proceeding rather than an initiation of an adversary proceeding against the FTC.
The Court's tentative is to grant the motion, stay both the main bankruptcy case and the FTC's adversary proceeding, and dismiss Mr. Lake's adversary proceeding. The stay will be in effect through April 30, 2019 and may be extended if criminal proceedings against Mr. Lake are still pending at that time.
COURT TO PREPARE ORDER.
Debtor(s):
Dennis Edward Lake Represented By
D Justin Harelik
Defendant(s):
Federal Trade Commission Pro Se
Plaintiff(s):
Dennis Edward Lake Pro Se
9:00 AM
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Adv#: 8:17-01174 Official Committee Of Unsecured Creditors v. New Market Enterprises, Inc.
PRETRIAL CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) (set at s/c held 2/28/18) FR: 2-28-18
Docket 1
NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
New Market Enterprises, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01176 Official Committee Of Unsecured Creditors v. Southern Lithoplate, Inc.
PRETRIAL CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) (set at s/c held 2-28-18) FR: 2-28-18
Docket 1
NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Southern Lithoplate, Inc. Pro Se
9:00 AM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01180 Official Committee Of Unsecured Creditors v. Staffmark Investment LLC
PRE TRIAL CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) (set at s/c held 2/28/18) FR: 2-28-18
Docket 1
NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Staffmark Investment LLC Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
9:00 AM
Andrew W Caine
9:00 AM
Adv#: 8:17-01181 Official Committee Of Unsecured Creditors v. General Rewinding, Inc.
PRETRIAL CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) (set at s/c held 2-28-18)
(Notice of Settlement filed 10-9-18)
FR: 2-28-18 at 9:00 a.m.
Docket 1
The Court is informed that the parties have settled and are in the process of completing settlement documentation.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
General Rewinding, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
9:00 AM
Andrew W Caine
9:00 AM
Adv#: 8:17-01163 Official Committee Of Unsecured Creditors v. CIPS Marketing Group, LLC
PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/25/17) (set at s/c held 2/28/18)
Docket 1
NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
CIPS Marketing Group, LLC Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Jeffrey P Nolan Andrew W Caine
9:00 AM
Adv#: 8:17-01165 Official Committee Of Unsecured Creditors v. GES Distribution, Inc.
PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) (set at s/c held 2/28/18)
Docket 1
NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
GES Distribution, Inc. Pro Se
9:00 AM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01172 Official Committee Of Unsecured Creditors v. Microsoft Corporation
PRETRIAL CONFERENCE RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550 (Complaint filed 10/26/17) (set at s/c held 2-28-18)
FR: 2-28-18
Docket 1
NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Microsoft Corporation Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01051 Diamond Enterprises, LTD., LP v. Younessi
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Determination That Debt Is Non-Dischargeable Pursuant To 11 U.S.C. Sections 523(a)(2), (a) (4), (a)(6), And (a)(9)
(Complaint filed 4/10/17)
(Another Summons issued 6/8/17) (PTC set at S/C held 9/13/17)
FR: 6-28-17; 8-30-17; 9-13-17; 3-28-18; 4-25-18; 7-25-18
Docket 1
NONE LISTED -
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
Defendant(s):
Michael Younessi Represented By
Roger Frederickson
Plaintiff(s):
Diamond Enterprises, LTD., LP Represented By
M Douglas Flahaut
9:00 AM
Adv#: 8:18-01017 Lake v. Vivers et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine The Dischargeability Of A Certain Debt
(Complaint filed 1/26/18) (PTC set at S/C held 4/25/18)
FR: 4-25-18
Docket 1
The Court will issue a scheduling order:
Mediation stipulation to be filed and order lodged thereon on or before May 31, 2018. All discovery shall close on July 31, 2018.
All discovery motions shall be heard before August 31, 2018.
All pretrial motions (except motions in limine) shall be heard before September 30, 2018.
Pretrial conference is set for October 24, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
9:00 AM
Debtor(s):
Bill Vivers Represented By
Gary Polston
Defendant(s):
Bill Vivers Represented By
Christopher P Walker
Juliette Vivers Represented By Christopher P Walker
Joint Debtor(s):
Julliette Vivers Represented By Gary Polston
Plaintiff(s):
Ryan Lake Represented By
Mitchell B Hannah
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Adv#: 8:18-01164 City of Irvine v. Wormmeester et al
STATIS CONFERENCE RE: Cross-Complaint Of City Of Irvine For Equitable Apportionment, Indemnity, And Declaratory Relief
(Notice of Removal filed 8/20/18)
Docket 0
NONE LISTED -
Debtor(s):
William Michael Wormmeester Represented By Michael Jones
Defendant(s):
William Michael Wormmeester Pro Se
Marisha Nicole Austin Represented By Michael Jones
Joint Debtor(s):
Molly Valerie Anne Kimball Represented By Michael Jones
Plaintiff(s):
City of Irvine Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:18-01159 Marshack v. Sundara et al
STATUS CONFERENCE Hearing RE: Complaint For:
Denial Of Discharge Pursuant To 11 U.S.C. Section 727(a)(3);
Denial Of Discharge Pursuant To 11 U.S.C. Section 727(a)(4);
Turnover Of Property Of Property Pursuant To 11 U.S.C. Section 542; And
Sale Of Property Pursuant To 11 U.S.C. Section 363 (Complaint filed 8/7/18)
Docket 1
- NONE LISTED -
Debtor(s):
Patty Sundara Represented By Gordon L Dayton
Defendant(s):
Patty Sundara Pro Se
Thachabe Mokda Pro Se
Plaintiff(s):
Richard Marshack Represented By Anerio V Altman
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Mercedes-
Benz Financial Services USA LLC (Motion filed 9/26/18)
[RE: 2014 Mercedes-Benz - Amount: $17,982.90] [VIN No.: WDDHF5KB5EB044414]
Docket 16
The Court will disapprove the reaffirmation agreement as not in Debtor's best interest. COURT TO PREPARE ORDER.
Debtor(s):
Carlos Thanh La Represented By Tina H Trinh
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation
(Motion filed 9/27/18)
[RE: 2016 Toyota Camry - Amount: $11,530.47] [VIN No.: 4T1BF1FK4GU597075]
Docket 21
The Court will approve the reaffirmation agreement if the Debtor is current in the loan, the vehicle is insured, and Debtor believes he can make all the remaining payments.
COURT TO PREPARE ORDER.
Debtor(s):
Luis E Sanchez Represented By David R Chase
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 7-11-18; 9-12-18
Docket 42
- NONE LISTED -
Debtor(s):
Peggy McWilliams Lawson Represented By Douglas L Weeks
Joint Debtor(s):
George Morris Lawson Represented By Douglas L Weeks
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 7-11-18; 9-12-18
Docket 2
- NONE LISTED -
Debtor(s):
Christine K Roberts Represented By Bruce D White
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 9-12-18
Docket 2
- NONE LISTED -
Debtor(s):
Barbara Fiona Lipari Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 9-12-18
Docket 2
- NONE LISTED -
Debtor(s):
William Anthony Wilson Represented By Anthony B Vigil
Joint Debtor(s):
Rebecca Lisette Koval Represented By Anthony B Vigil
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 9-12-18
Docket 2
- NONE LISTED -
Debtor(s):
Fidencio Avilez Represented By Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 10
- NONE LISTED -
Debtor(s):
Sepideh Sally Cirino Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 12
- NONE LISTED -
Debtor(s):
James Ray Mcneil Represented By William P White
Joint Debtor(s):
Mackenzie Rain Mcneil Represented By William P White
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Samson E. Lakei Represented By
James D. Hornbuckle
Joint Debtor(s):
Sonya S. Lakei Represented By
James D. Hornbuckle
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Lian Menguito Lumba Represented By Raymond J Seo
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 22
- NONE LISTED -
Debtor(s):
Peter M Shotts Represented By Elena Steers
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Fred Martinez Represented By Andrew Moher
Joint Debtor(s):
Dianne Martinez Represented By Andrew Moher
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 16
- NONE LISTED -
Debtor(s):
Marc James Cooperstein Represented By Tina H Trinh
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 14
- NONE LISTED -
Debtor(s):
Brenda Carol Kittle Represented By Joseph A Weber
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Coleen Marie Randall Represented By Brian J Soo-Hoo
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Shakeel Ahmed Represented By Bahram Madaen
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Trinity Han Represented By
Michael R Totaro
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Chong Camp Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
Jose Enrique Quintero Rodelo Represented By Nicholas M Wajda
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
Dennis Edward Berglund Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
Melody Susan Mclane Represented By Anerio V Altman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
Vivian H Khor Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
Judy Van Nguyen-Dinh Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 15
NONE LISTED -
Debtor(s):
Lilia M Lopez de Aguilera Represented By Anthony P Cara
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Motion For Order Approving First Amended Disclosure Statement Describing First Amended Chapter 11 Plan Of Reorganization As Containing Adequate Information Pursuant To Bankruptcy Code Section 1125(A)(1)(B)
(D.S. filed 5/25/18)
(Amended D.S. filed by 8/22/18) FR: 7-25-18
Docket 148
The Court will inquire whether the U.S. Trustee regards the Debtor's reply to the U.S. Trustee's limited objection as acceptable.
The Court has a question or two for the Debtor but is leaning in favor of approving the Disclosure Statement Describing the First Amended Plan of Reorganization and setting the following dates and deadlines:
Plan and disclosure statement to be filed and served on or before October 31, 2018.
Ballots and objections to plan confirmation are due November 28, 2018.
Replies to objections and plan confirmation memorandum are due on or before December 7, 2018.
Plan confirmation hearing is set for December 12, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
2:00 PM
Debtor(s):
Mohdsameer Aljanedi Dental Represented By Andy C Warshaw
Richard L. Sturdevant
2:00 PM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/15/17)
FR: 12-20-17; 3-7-18; 5-30-18; 9-12-18; 10-24-18 at 9:00 a.m.
Docket 1
The Court will inquire into the Debtor's compliance with U.S. Trustee guidelines and requirements.
Next Status Conference: January 31, 2019 at 9:00 a.m. Status report due January 24, 2019.
COURT TO PREPARE ORDER.
Debtor(s):
Mohdsameer Aljanedi Dental Represented By Andy C Warshaw
Richard L. Sturdevant
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Complete The Plan Within Its Terms
[11 U.S.C. 1307(c)]
(Motion filed 6/29/18) (Set Per Opposition filed 7/10/18)
Docket 85
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Richard George Boomgarden Represented By Joseph A Weber
Joint Debtor(s):
Staci Lanae Boomgarden Represented By Joseph A Weber
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Chapter 13 Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding
(Motion filed 8/13/18)
Docket 47
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jose Luna Represented By
Rebecca Tomilowitz Herschel R Hoyt
Joint Debtor(s):
Amparo Luna Represented By Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Debtor's Motion For Authority To Refinance Real Property Under LBR 3015-1(p)
(Motion filed 7/31/18)
(Trustee's comments filed 8/9/18) FR: 9-12-18
Docket 41
The Court will deny the motion as moot or, in the alternative, because the proposed refinance leaves the Debtors over approximately $23,000 short of funds necessary to pay off the plan ($53,780) within the remaining five months.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jose Luna Represented By
Rebecca Tomilowitz Herschel R Hoyt
Joint Debtor(s):
Amparo Luna Represented By Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 9/18/18)
Docket 60
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Timothy John Worcester Represented By Halli B Heston
Joint Debtor(s):
Angela Kay Worcester Represented By Halli B Heston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments [11 U.S.C. 1307(c)] (Motion filed 8/7/18) (Notice of Hearing and Opposition filed 8/21/18)
Docket 40
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sharae LaShan McClain Represented By Nicholas M Wajda
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments [11 U.S.C. 1307(c)] (Motion filed 9/6/18)
(Opposition and Notice of Hearing filed 9/12/18)
Docket 68
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Spring L Jaentsch Represented By
David Samuel Shevitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 8/7/18) (Notice of Hrg. filed 8/31/18)
Docket 33
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Evan Anderson Represented By Anerio V Altman
Joint Debtor(s):
Kendyl Anderson Represented By Anerio V Altman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion To Avoid Junior Lien On Principal Residence [11 U.S.C. Section 506(d)]
(Motion filed 9/11/18)
Docket 20
The Court will grant the motion and avoid the 2d lien upon completion of all plan payments and entry of discharge.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Fidencio Avilez Represented By Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion To Vacate And Set Aside Order Dismissing Bankruptcy Case
(Motion filed 8/26/18)
(Set per Trustee's Comments On Or Objection filed 9/5/18))
Docket 20
The Court will deny the motion. Based on Debtor's failure to file a motion to extend the deadline and the delay of approximately 20 days in the filing of the motion to vacate, the Court finds an absence of excusable neglect.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Lilia M Lopez de Aguilera Represented By Anthony P Cara
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Hrg. on Chapter 11 Status Conference on the Plan and Disclosure Statement (Cont. from 5/31/18)
Docket 0
The Court will continue this matter to January 17, 2019 at 9:00 a.m. to await results of mediation.
COURT TO PREPARE ORDER.
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor Lisa Nelson
9:00 AM
Adv#: 6:16-01302 USA Sales, Inc. v. California State Board Of Equalization
STATUS CONFERENCE Re: Complaint to determin amount of taxes owed pursuant to Bankruptcy Code 505(A); Objection to claim of the California Board of Equalization
Docket 1
The Court will continue this matter to January 17, 2019 at 9:00 a.m. to await results of mediation.
COURT TO PREPARE ORDER.
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor
Defendant(s):
California State Board Of Pro Se
Plaintiff(s):
USA Sales, Inc. Represented By Lisa Nelson
9:00 AM
Adv#: 6:17-01243 Vargas v. United States Department Of Education et al
Pre-TrialConference re Complaint by Michelle Vargas against United States Department Of Education, Navient Corporation, Navient Credit Finance Corporation, Navient Solutions, Inc., Education Credit Management Corporation. (Fee Not Required). Complaint to Determine Dischargeability of Student Loans - 11 U.S.C. Section 523(a)(8); Borrower's Defenses Against Repayment - 20
U.S.C. Section 1087e(h); 34 C.F.R. 685.206(c): 1) Fraud, Misrepresentation, Concealment, and False Promises; 2) Fraud, Forgery, and Undue Influence 3) Violation of California Business and Professions Code Sections 17200 et seq; 4) Violation of California Business and Professions Code Sections 17500 et seq; and 5) Discharge of Debt Obtained by Students Whose Eligibility for Federal Student Aid was Falsely Certified by the School - 20 U.S.C. Section 1087; 34
C.F.R. 685.215 Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)
(Cont. from 9/13/18)
Docket 1
- NONE LISTED -
Debtor(s):
Carlitos Vargas Represented By Todd L Turoci
Defendant(s):
Education Credit Management Pro Se
Navient Solutions, Inc. Represented By Robert S Lampl
9:00 AM
Navient Credit Finance Corporation Represented By
Robert S Lampl
Navient Corporation Represented By Robert S Lampl
United States Department Of Represented By Elan S Levey
Joint Debtor(s):
Michelle Vargas Represented By Todd L Turoci
Plaintiff(s):
Michelle Vargas Represented By Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 10/18/18)
Docket 0
The status report was very helpful. In light of progress being made on the ase, the Court will not at this time set deadlines for objecting to claims or the filing of avoidance actions.
The Court will inquire into compliance with U.S. Trustee guidelines and requirements.
Next status conference: February 21, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Sunpro Solar Inc. Represented By
Robert B Rosenstein
9:00 AM
Adv#: 6:18-01155 Simons (TR) v. Valdivia
Hrg on Motion for Default Judgment Against Defendant Jhon Valdivia (Cont. from 10/18/18)
Docket 8
The Court will grant the motion.
WITHIN 7 DAYS, CHAPTER 7 TRUSTEE TO LODGE, VIA LOU, (1) ORDER GRANTING MOTION AND (2) FORM OF DEFAULT JUDGMENT.
Debtor(s):
Ruben Valdivia Pro Se
Defendant(s):
Jhon Valdivia Pro Se
Plaintiff(s):
Larry D. Simons (TR) Represented By Frank X Ruggier
Trustee(s):
Larry D Simons (TR) Represented By Frank X Ruggier
9:00 AM
Adv#: 6:18-01155 Simons (TR) v. Valdivia
Status Conference re: complaint to avoid and recover fraudulent transfer EH
(Cont. from 10/18/18)
Docket 1
The status conference is moot.
Debtor(s):
Ruben Valdivia Pro Se
Defendant(s):
Jhon Valdivia Pro Se
Plaintiff(s):
Larry D. Simons (TR) Represented By Frank X Ruggier
Trustee(s):
Larry D Simons (TR) Represented By Frank X Ruggier
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 10/18/18)
Docket 0
The Court will inquire into compliance with U.S. Trustee guidelines and requirements.
The Court will set the bar date at December 30, 2018 and require notice of the bar date to be filed and served on or before October 25, 2018.
Next status conference: January 17, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Littlefield Physical Therapy, Inc. Represented By
Evan L Smith
2:00 PM
Hrg. on Disclosure Statement (Cont. from 10/18/18)
Docket 0
The Court has a few questions for Debtor's counsel but is leaning toward approving the Second Amended Disclosure Statement and setting a confirmation hearing for December 19, 2018 at 2:00 p.m. in Santa Ana.
The Second Amended Disclosure Statement shall be filed and served by October 23, 2018.
Ballots and objections to the plan are due by November 2, 2018.
Replies to objections and plan confirmation memorandum are due December 7, 2018. COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:30 PM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Logix Federal Credit Union, in the amount of $ 10,338.23
Re: 2014 Nissan Altima (Cont. from 10/18/18)
Docket 20
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Cristian Javier Rivera Represented By Judy P Hsu
Trustee(s):
Larry D Simons (TR) Pro Se
2:30 PM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $20,760.27
Re: 2017 Toyota Corolla (Cont. from 10/18/18)
Docket 7
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Craig S Berglin Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
2:30 PM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and CarMax Auto Finance, in the amount of $11,074.59
Re: 2012 Nissan Leaf (Cont. from 10/1818)
Docket 9
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Leandrew George Jackson Represented By Terrence Fantauzzi
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Adv#: 8:17-01161 Martinez v. CV Investment Partners et al
Hearing RE: Defendants CV Investment Partners And Michael Cargile's Motion In Limine No. 1 To Exclude Testimony And Documentary Evidence Regarding Subject Matter Of Dismissed Claims For Relief
(Motion filed 10/8/18)
Docket 46
The Court will grant Defendants' motion in limine and prohibit Plaintiff from offering any evidence of allegedly insufficient service of process in the State Court Case. The prohibition extends to direct testimony, cross-examination, and exhibits. Re-direct testimony will be strictly limited to the scope of cross-examination. Objections are encouraged if this rule is violated.
Debtor(s):
Felix Martinez Represented By Joseph A Weber Fritz J Firman
Defendant(s):
CV Investment Partners Represented By Donald Reid Robert P Goe
Michael Cargile Represented By Robert P Goe
Plaintiff(s):
Felix Martinez Represented By Fritz J Firman
9:00 AM
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 8:17-01161 Martinez v. CV Investment Partners et al
TRIAL RE: Debtor's Complaint For:
Declaratory Relief Pursuant To 11 U.S.C. Section 544(a)(3);
Judgment Declaring Abstract Void And Unperfected;
Expungement Of Lis Pendens;
Declaratory Relief That Judgment Is Void And/Or Equitable Relief From The Judgment
(Complaint filed 10/24/17) (PTC set at S/C held 2/14/18)
(Trial set per Order Entered 9-5-18) FR: 1-17-18; 2-14-18; 9-5-18
Docket 1
Debtor(s):
Felix Martinez Represented By Joseph A Weber Fritz J Firman
Defendant(s):
CV Investment Partners Pro Se
Michael Cargile Pro Se
Plaintiff(s):
Felix Martinez Represented By Fritz J Firman
9:00 AM
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 PM
Evidentiary Hearing RE: Order To Show Cause Why Michael Roennau Should Not Be Held In Contempt Of The Discharge Injunction
(Set per Order Entered 6/20/17) (S/C set at hearing held 9/11/17)
(Evidentiary hearing set at S/C held 3/5/18) FR: 8-28-17; 12-18-17; 3-5-18; 9-7-18
Docket 0
The Court will approved the Proposed Stipulation of Facts and Contentions. The evidentiary hearing will go forward as to liability only (not damages).
The Court views the issues as well-framed by Debtors' reply brief.
Debtor(s):
Albert Torres Jr. Represented By Michael Jones Sara Tidd
Joint Debtor(s):
Katherine Lea Torres Represented By Michael Jones Sara Tidd
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 6:18-01119 Todd A. Frealy, Chapter 7 Trustee of the Bankruptc v. Uomoto et al
STATUS CONFERENE re: Complaint by Todd A. Frealy, Chapter 7 Trustee of the Bankruptcy Estate of BioData Medical Laboratories, Inc. against Akemi Uomoto, Henry Wallach. (Charge To Estate $350). (Attachments: # 1 Adversary Cover Sheet) Nature of Suit: (14 (Recovery of money/property - other))
(Cont. from 10/18/18)
Docket 0
The Court will order this adversary proceeding into mediation. The parties shall file a mediation stipulation and lodge an order thereon on or before December 7, 2018.
Next status conference: March 14, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan Joseph N Darweesh
Defendant(s):
Akemi Uomoto Represented By Zev Shechtman
Henry Wallach Represented By Zev Shechtman
9:00 AM
Plaintiff(s):
Todd A. Frealy, Chapter 7 Trustee of Represented By
Kurt Ramlo Juliet Y Oh Eve H Karasik Todd A Frealy
Trustee(s):
Todd A. Frealy (TR) Represented By Eve H Karasik Jeffrey S Kwong Juliet Y Oh Carmela Pagay
9:00 AM
Adv#: 6:17-01216 Napoli v. Katona et al
Pre-Trial Conference RE: Complaint by Royce Napoli against Paul Gregory Katona, Gail Marie Katona. (d),(e))),(72 (Injunctive relief - other))
Docket 1
- NONE LISTED -
Debtor(s):
Paul Gregory Katona Represented By Douglas A Plazak
Defendant(s):
Paul Gregory Katona Represented By Douglas A Plazak
Gail Marie Katona Represented By Douglas A Plazak
Joint Debtor(s):
Gail Marie Katona Represented By Douglas A Plazak
Plaintiff(s):
Royce Napoli Represented By Noah K McCall
Trustee(s):
John P Pringle (TR) Represented By Lynda T Bui Rika Kido Brianna L Frazier
9:00 AM
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Wells Fargo Bank vs. DEBTORS, Arturo Cisneros, trustee (Motion filed 10/11/18)
Re: 2012 Chevrolet Truck Equinox-4 cyl, VIN 2GNFLPE54C6337093
Docket 9
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Warner Michael Durrer Represented By Steven A Alpert
Joint Debtor(s):
Galene Elizabeth Durrer Represented By Steven A Alpert
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 10/17/18)
Re: 2016 Toyota Rav4 - VIN: JTMWFREV2GJ079970
(Tele. appr Austin Nagel, rep. creditor, Toyota)
Docket 11
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Rene Paul Marchetti Represented By Todd L Turoci
Joint Debtor(s):
Violetta Marchetti Represented By Todd L Turoci
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Barrett Daffin Frappier Treder & Weiss, LLP - movant attorney Motion for Relief from Stay
Impac Mortgage Corporation vs. DEBTOR (Motion filed 10/10/18)
Re: 1405 East Shooting Star Drive, Beaumont, CA 92223
(Tele. appr. Darlene Vigil, rep. creditor, IMPAC Mortgage Corp.)
Docket 9
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(4). The Court will grant the requested annulment.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Maria Castillo Represented By Daniel King
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
Law Office of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
American Honda Finance Corporation vs. DEBTOR, Lynda Bui, chapter 7 trustee
(Motion filed 10/11/18)
Re: 2015 HONDA CIVIC, VIN: 19XF B2F7 XFE2 95189
Docket 7
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Robert A. Arambula Represented By Keith Q Nguyen
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation VS. DEBTOR (Motion filed 10/02/18)
Re: 2017 Toyota Yaris IA, VIN: 3MYDLBYV6HY157328
(Tele. appr. Austin Nagel, rep. creditor, Toyota)
Docket 8
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Silvia Patricia Avalos Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTORS, Robert Whitmore, trustee (Motion filed 10/11/18)
Re: 2017 Ford Fusion, VIN 3FA6P0PU3HR276706
Docket 13
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
John Carroll Barrett Represented By Steven J Diamond
Joint Debtor(s):
Yvonne Louise Broughten-Barrett Represented By
Steven J Diamond
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Hrg. on First interim application for compensation and reimbursement and expenses of Grobstein Teeple, LLP, accountant, period: 2/15/2015 to 101/13/2018, Fee: $ 9,849.50, Expenses: $ 0.00
Docket 266
The Court will grant the application and approve as follows on an interim basis: Fees: $9,849.50
Expenses: $0
CHAPTER 7 TRUSTEE TO LODGE A SINGLE ORDER CONFIRMING ALL FEE AWARDS VIA LOU WITHIN 7 DAYS.
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford Justin P Karczag
2:00 PM
Hrg on second interim application for award of compensation and reimbursement of expenses of Danning, Gill, Diamond & Kollitz, LLP, General Counsel, Period: 10/1/2017 to 9/30/2018, Fee: $95,321.00, Expenses:
$2,098.78
Docket 267
The Court will grant the application and approve as follows on an interim basis: Fees: $95,321.00
Expenses: $2,098.78
CHAPTER 7 TRUSTEE TO LODGE A SINGLE ORDER CONFIRMING ALL FEE AWARDS VIA LOU WITHIN 7 DAYS.
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford Justin P Karczag
2:00 PM
Hrg. on First Interim Application for Chapter 7 Trustee for Approval of Compensation and Reimbursement of Expenses, Period: 7/18/2014 to 9/30/2018, Fees: $122,495.48, Expenses: $0.00.
Docket 271
The Court will grant the application and approve as follows on an interim basis: Fees: $122,495.48
Expenses: $0
CHAPTER 7 TRUSTEE TO LODGE A SINGLE ORDER CONFIRMING ALL FEE AWARDS VIA LOU WITHIN 7 DAYS.
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford Justin P Karczag
2:00 PM
Hrg. on Motion Of United States Trustee filed 10/01/18 for An Order To Show Cause Why Timothy L. Mccandless Should Not Be Held In Contempt Of Court Pursuant To 11 U.S.C. § 105 And Federal Rule Of Bankruptcy Procedure 9020; Memorandum Of Points And Authorities; Declaration Of Dimple P. Mehra In Support with Proof of Service
EH
Docket 30
The Court will grant the motion and issue an order to show cause.
UNITED STATES TRUSTEE TO LODGE (1) ORDER GRANTING MOTION and
(2) FORM OF OSC VIA LOU WITHIN 7 DAYS.
Debtor(s):
Wayne Earl Parker Represented By
Timothy L McCandless
Joint Debtor(s):
Kristine Marie Parker Represented By
Timothy L McCandless
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg on Motion (I) Allowing Modifed Claim Of Beckman Coulter, Inc. [Claim No. 11-1]; (II) Allowing Claim Of Quest Diagnostics Incorporated; And (III) For Authority To Distribute Sale Proceeds To The Debtor's Secured Creditors
(Tele. appr. Douglas Candeub, rep. creditor, Quest Diagnostics) (Tele. appr. Kan Ebeck, rep. creditor, Beckman Coulter)
(Tele. appr. Elmer Martin, rep. Interested party, Elmer Martin)
Docket 571
The Court will grant the Motion in part and enter an order as requested in numbered items 2 through and including 6 on pages 17 and 18 of the Motion.
The Court clarifies that the granting in part of the Motion in no way addresses (or disapproves) any fee or cost aware do the Chapter 7 Trustee or his professionals.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan Joseph N Darweesh
Trustee(s):
Todd A. Frealy (TR) Represented By Eve H Karasik
2:00 PM
Jeffrey S Kwong Juliet Y Oh Carmela Pagay
2:00 PM
Hrg. on trustee's final report; applications for compensation
Docket 0
The Court will grant the application and allow:
Trustee's fees: $950.00 Trustee's expenses: $0
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Miriam Irvin Represented By
Stephen K Moran
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Hrg. on Debtors' Motion filed 10/2/18 Objecting to Claim Number 34 by Claimant Arrow Disposal Services, Inc.
Docket 137
Arrow Disposal Services, Inc. has failed to prove up its claim by a preponderance of the evidence. The Court will grant the motion, sustain the objection and disallow Claim No. 34 in its entirety.
As an alternative holding, the Court determines that the underlying claim has already been disallowed based on the Court's prior ruling with respect to Claim No. 28.
The Bar Date having passed on July 23, 2018, Arrow Disposal Services, Inc is ordered not to file any additional proof of claim unless permitted to do so by a filed and entered order of this Court.
DEBTORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Deontay Daymont Potter Represented By
M. Jonathan Hayes
Joint Debtor(s):
Joy Shaun Potter Represented By
M. Jonathan Hayes
2:00 PM
Hrg. on Order to Show Cause re Contempt against Arrow Disposal Services,
Inc. and its attorney of record Evgeny Swarovski
Docket 0
A reasonable reading of this Court's orders entered May 15, 2018 (Arrow Services) and May 17, 2018 (ECC) is that the referenced state court action could, consistent with the automatic stay, proceed against parties other than the Debtors but remained enjoined as to the Debtors. The transcript of the relevant Court hearing confirms this.
Accordingly, the Court will find Arrow Disposal Services, Inc. and its attorney in civil contempt. The Court will awared sanctions of $4,165.00 plus any time required in this matter and require Arrow Services, Inc. and Arrow Disposal Services, Inc. to obtain the dismissal without prejudice of its Cross-Complaint filed against Debtors in the state court action.
Monetary sanctions to be paid in full on or before November 30, 2018. DEBTORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Deontay Daymont Potter Represented By
M. Jonathan Hayes
Joint Debtor(s):
Joy Shaun Potter Represented By
2:00 PM
M. Jonathan Hayes
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 10/16/18 for Turnover of Property of Estate Held by Debtor pursuant to 11 USC § 542(a) and (e)
Docket 16
The Court will inquire whether the information provided in Debtors' opposition answers the Trustee's questions about the CIGNA annuity of $73,551.31 that appears to have been rolled over into a Protective Life Insurance Company annuity in the amount of $106,564.38 (surrender value).
Debtor(s):
Ramon Zavala Represented By
Michael H Colmenares
Joint Debtor(s):
Maurilia Zavala Represented By
Michael H Colmenares
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
Hrg. on Debtor's Motion filed 10/4/189 to Dismiss Pending Chapter 7 Bankruptcy Case
Docket 12
No tentative ruling.
Debtor(s):
Darlene R. Hamilton Kessee Represented By Cecil R Taylor
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
CONT'D Hearing RE: Motion Of Chapter 7 Trustee For An Order Denying Debtor's Claims Of Exemptions - Homestead And Savings/Checking (Motion filed 11/18/16)
FR: 1-9-17; 2-6-17; 3-20-17; 6-28-17; 11-13-17; 3-28-18; 5-9-18
Docket 651
Continue to May 6, 2019 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
CONT'D Hearing RE: Debtor's Motion To Compel Trustee To Return Debtor's Post-Petition Income
(Motion filed 7/11/16)
FR: 8-1-16; 11-14-16; 1-9-17; 2-6-17; 6-28-17; 11-13-17; 3-28-18; 5-9-18
Docket 510
Continue to May 6, 2019 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Movant(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
9:00 AM
CONT'D Hearing RE: Motion Of Chapter 7 Trustee To Strike Those Portions Of Debtor's Opposition To Supplemental Application Of Trustee To Employ Hahn Fife & Company, LLP, As Accountants, Or In The Alternative, For Nunc Pro Tunc Employment Of Desmond, Marcello & Amster Which Are In Violation Of The Court's Order Continuing Hearing On Chapter 7 Trustee's Motion For Turnover Of Post-Petition Value Received By Debtor From C3 Lighting, Inc. [Docket No. 581]
(Motion filed 10/17/16)
FR: 10-24-16; 1-9-17; 2-6-17; 6-28-17; 11-13-17; 3-28-18; 5-9-18
Docket 611
Continue to May 6, 2019 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Movant(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
CONT'D Evidentiary Hearing RE: Motion For Turnover Of Post-Petition Value Received By Debtor From C3 Lighting, Inc.
(Motion filed 5/26/16)
(Evidentiary hearing set at hearing held 8/1/16)
FR: 6-20-16; 8-1-16; 9-19-16; 10-24-16; 1-9-17; 2-6-17; 6-28-17; 11-13-17;
3-28-18; 5-9-18
Docket 487
Continue to May 6, 2019 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Movant(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders
9:00 AM
Brian R Nelson Robert P Goe
9:00 AM
CONT'D Hearing RE: Supplemental Application Of Trustee To Employ Hahn Fife & Company, LLP As Accountants, Or In The Alternative, For Nunc Pro Tunc Employment Of Desmond, Marcello & Amster
(Application filed 6/14/16) (Supplement Application filed 10/3/16) FR: 10-24-16; 1-9-17; 2-6-17; 6-28-17; 11-13-17; 3-28-18; 5-9-18
Docket 593
Continue to May 6, 2019 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Movant(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson
9:00 AM
Robert P Goe
9:00 AM
Adv#: 8:16-01123 Naylor v. Farrell
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For
Equitable Subordination Of Claim,
Breach Of Fiduciary Duty, And
Declaratory Relief
(Complaint filed 5/2/16) (First Amended Complaint filed 9/30/16) (PTC set at S/C held 5/9/18)
(S/C set per Order Entered 5-11-18)
FR: 7-27-16; 9-14-16; 10-12-16; 12-8-16; 2-15-17; 3-6-17; 3-20-17; 6-28-17;
11-13-17; 3-28-18; 5-9-18
Docket 19
The Court will issue a scheduling order:
All discovery shall close on January 31, 2019.
All discovery motions shall be heard before February 28, 2019.
All pretrial motions (except motions in limine) shall be heard before March 31, 2019. Pretrial conference is set for April 22, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy
9:00 AM
Michael R Adele
Defendant(s):
Betty Farrell Represented By
D Edward Hays
Plaintiff(s):
Karen Sue Naylor Represented By Robert P Goe
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
Adv#: 8:16-01204 Naylor v. Farrell et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
For An Accounting;
To Avoid Actual Fraudulent Transfers;
To Avoid Constructively Fraudulent Transfers;
To Recover Property Fraudulently Transferred;
For Turnover Of Property Of The Estate; And,
For Equitable Subordination Of The Claim Of Richard E. Farrell (Complaint filed 9/16/16)
FR: 12-7-16; 5-31-17; 10-4-17; 11-29-17; 3-28-18; 5-2-18; 5-9-18
Docket 1
Continue to May 6, 2019 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Defendant(s):
Richard C. Farrell Pro Se
Richard E. Farrell Pro Se
Irma Farrell Pro Se
9:00 AM
C3 Lighting Solutions, Inc. Pro Se
Plaintiff(s):
Karen Sue Naylor Represented By Nanette D Sanders Brian R Nelson
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
Adv#: 8:16-01216 Naylor v. Farrell
CONT'D STATUS CONFERENCE Hearing RE: Complaint Objecting To Discharge Pursuant To 11 U.S.C. Section 727
(Complaint filed 9/30/16)
FR: 12-21-16; 2-6-17; 6-28-17; 11-13-17; 3-28-18; 5-9-18
Docket 1
Continue to May 6, 2019 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Defendant(s):
Richard Clark Farrell Represented By Michael G Spector
Plaintiff(s):
Karen Sue Naylor Represented By Nanette D Sanders Brian R Nelson
9:00 AM
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
Adv#: 8:17-01120 Kosmala v. Hoosten et al
CONT'D STATUS CONFERENCE RE: Complaint:
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 548(a)(1)(B) And 550;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 548(a)(1)(B) And 550;
For Breach Of Contract;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 548(a)(1)(B) And 550;
To Avoid And Recover Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550;
For Resulting Trust;
For Constructive Trust;
To Preserve Transfers For The Benefit Of The Estate Pursuant To 11
U.S.C. Section 551; And
For Attorneys' Fees And Costs (set per order entered 3-2-18)
FR: 4-25-18; 7-25-18
Docket 1
- NONE LISTED -
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
9:00 AM
Defendant(s):
David Hoosten Pro Se
PCC Fund 1, LLC Pro Se
Rod Van Zandt Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Reem J Bello
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
CONT'D STATUS CONFERENCE RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 case (Petition filed 11/1/15)
FR: 1-13-16; 3-2-16; 4-13-16; 7-27-16; 12-7-16; 4-19-17; 8-30-17; 12-13-17;
4-9-18; 8-1-18
Docket 1
The Court found the status report helpful. The Court will inquire into (1) compliance with US Trustee guidelines and requirements, and (2) the current cash balances held by the estate.
Next status conference: April 8, 2019 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
9:00 AM
Adv#: 8:18-01166 Golden v. Defenstech International, Inc.,
STATUS CONFERENCE Hearing RE: Complaint For:
Declaratory Relief Re Validity Of Liens;
Avoidance Of Liens Pursuant To 11 U.S.C. Section 547; And
Equitable Estoppel As To Statute Of Limitations Defense (Complaint Filed 8/29/18)
Docket 1
- NONE LISTED -
Debtor(s):
William John Murphy Represented By Sean A OKeefe
Michael N Nicastro
Defendant(s):
Defenstech International, Inc., Pro Se
Joint Debtor(s):
Cheryl Lynn Murphy Represented By Sean A OKeefe
Plaintiff(s):
Jeffrey I Golden Represented By Jason Balitzer
Trustee(s):
Jeffrey I Golden (TR) Represented By
9:00 AM
Jason Balitzer
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 case (Petition filed 3/22/16)
FR: 6-1-16; 8-24-16; 10-12-16; 1-25-17; 2-8-17; 5-31-17; 10-18-17; 1-31-18;
5-2-18; 7-25-18
Docket 1
The status report was helpful, albeit slightly late. The Court will inquire into (1) Debtor's compliance with U.S. Trustee guidelines and requirements and (2) the current cash balance of the estate.
Next status conference: April 17, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
9:00 AM
Adv#: 8:17-01082 Blue Light Capital Corp v. Bian
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint Objecting To Proof Of Claim Filed By The Creditor Wenqiang Bian; To Determine Amount Of Creditor's Lien; Declaratory Relief; And Reformation Of Trust Deed And Promissory Note; And Damages
(Complaint filed 5/24/17)
(First Amended Complaint filed 6/23/17)
(Another Summons issued on Counter-Claim 7/10/17) (PTC set at S/C held 11/29/17)
FR: 8-30-17; 9-27-17; 11-29-17; 6-6-18; 8-8-18
Docket 3
- NONE LISTED -
Debtor(s):
Blue Light Capital Corp Represented By Alan M Lurya
Defendant(s):
Wenqiang Bian Pro Se
Plaintiff(s):
Blue Light Capital Corp Represented By Alan M Lurya
9:00 AM
Hearing RE: Motion to Confirm that Obligations to Diamond Enterprises, LTD,
LP, are Terminated and to Void Certain Liens (Motion filed 7/24/18)
(set per order entered 8/23/18)
Docket 226
Because the issues involved in this motion are intertwined with issues in defendant Younessi's pending motion for summary judgment in the 1051 action (the hearing on which is being continued to January 30, 2019 at 9:00 a.m.), the Court will continue the hearing on Younessi's motion to confirm to January 30, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
9:00 AM
Adv#: 8:17-01051 Diamond Enterprises, LTD., LP v. Younessi
CONT'D Hearing RE: Defendant's Motion For Summary Judgment Or In The Alternative Summary Adjudication
(Motion filed 5/8/18) FR: 6-27-18; 8-29-18
Docket 78
The Court will continue the hearing on defendant's motion for summary judgment to January 30, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
Defendant(s):
Michael Younessi Represented By
Roger Frederickson
Plaintiff(s):
Diamond Enterprises, LTD., LP Represented By
M Douglas Flahaut
9:00 AM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
CONT'D Hearing RE: Motion to Dismiss Adversary Proceeding Pursuant to Rule 12(b)(6) for failure to State a Claim Upon Which Relief Can Be Granted
(Motion filed 8/23/18) FR: 9-19-18
Docket 4
The Court will hear argument and take this matter under submission.
Memorandum Decision and Order to follow.
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
Defendant(s):
Michael Younessi Represented By Michael Jones
Plaintiff(s):
Diamond Enterprises, Ltd, LP Represented By
M Douglas Flahaut
9:00 AM
Adv#: 8:17-01068 Pette v. Sanders
CONT'D PRE-TRIAL CONFERENCE RE: Amended Complaint For: Nondischargeability of Pending Lawsuits Pursuant to 11 U.S.C. Section 523(a)
(6) and 11 U.S.C. Section 727(a)(4)(A)(B) (Complaint filed 5/8/17)
(Another Summons issued 5/19/17) (Amended Complaint 7/14/17) (PTC set at S/C held 10/4/17)
FR: 7-26-17; 8-30-17; 10-4-17; 4-25-18
Docket 1
In view of Plaintiff's scheduled medical procedure and medical concerns, the Court will continue the pretrial conference to March 20, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Ralph E Sanders Pro Se
Defendant(s):
Ralph E Sanders Pro Se
Plaintiff(s):
Larnita Pette Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
Adv#: 8:18-01069 Marshack v. Biden
CONT'D Hearing RE: Motion To Dismiss Complaint (FRCP 12(b)(6))
(Motion filed 5/11/18) FR: 7-11-18
Docket 5
For the following reasons, the Court will grant the motion with leave to amend.
Federal Rule of Civil Procedure 9(b), incorporated by Federal Rule of Bankruptcy Procedure 7009, provides that "[i]n alleging fraud . . ., a party must state with particularity the circumstances constituting fraud . . ."
Some federal courts have expressed the view that allegations of fraud frequently are advanced only for their nuisance or settlement value with little hope that they will be successful on the merits and also that the greater specificity required by Rule 9(b) deters the filing of suits solely for discovery purposes and thus guards against the institution of a fraud-based action to discover whether unknown wrongs have actually occurred – the classic fear of fishing expeditions. 5A FEDERAL PRACTICE AND PROCEDURE § 1296 (Wright and Miller).
Here, the complaint alleges intentional fraudulent transfer. Such claim must be supported by enough allegations to satisfy the pleading requirements set forth under Rule 9(b). Picard v. Madoff (In re Bernard L. Madoff Inv. Sec. LLC), 458 B.R. 87, 104 (Bankr. S.D.N.Y. 2011). Thus, Plaintiff must set forth in the amended complaint the "who, what, when, where and how" details of the mortgage payments, taxes and
9:00 AM
maintenance costs associated with the subject property since its purchase that Debtor is alleged to have paid as well as any other alleged "badges of fraud" on which Plaintiff intends to rely.
Federal Rule of Civil Procedure 8’s pleading standards are more relaxed but nevertheless must still pass muster under Iqbal and Twombly. Here, vague, formulaic references in the complaint to a lack of reasonably equivalent value and the Debtor’s insolvency fail to meet even this relaxed standard of pleading. Plaintiff must set forth in the complaint the specific details of Debtor’s alleged insolvency around the time of the transfer of the subject property in 2005 (i.e., more than 13 years ago) and provide the details of the value of property, if any, received by Debtor in exchange for the transfer of the subject property to Defendant. If no value was received, then this should be affirmatively stated in the amended complaint, assuming Plaintiff is able to prove this by a preponderance of the evidence. But cf. Fed. R. Civ. P. 11.
Plaintiff shall file an amended complaint on or before December 14, 2018 if Plaintiff desires to pursue this adversary proceeding.
COURT TO PREPARE ORDER.
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Arlene C Biden Represented By Phillip Greer
Plaintiff(s):
Richard A Marshack Represented By Ryan D ODea
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr
9:00 AM
Ryan D ODea
9:00 AM
Adv#: 8:18-01075 Street v. Greer et al
Hearing RE: Motion Of Plaintiff For Relief From Order Granting Motion Of Defendant Arlene C. Greer To Dismiss First Amended Complaint And Resetting Hearing Thereon
(Motion filed 10/11/18)
Docket 48
The Court will grant the motion and require Mr. Aires to reimburse Mr. Green in the amount of $800.00 on or before November 30, 2018.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Phillip Barry Greer Represented By Phillip Greer
Richard A. Marshack Represented By Ryan D ODea
Plaintiff(s):
Chriss W. Street Represented By Timothy C Aires
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr
9:00 AM
Ryan D ODea
9:00 AM
Adv#: 8:18-01075 Street v. Greer et al
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For:
Determination Of Non-Dischargeability Of Debt;
Determination Of Non-Dischargeability Of Debt;
Determination Of Non-Dischargeability Of Debt;
Declaratory Relief RE: Determination Of Validity, Priority Or Extent Of Interest In Real Property and Personal Property
(Complaint filed 4/26/18) (First Amended Complaint filed 5/30/18) (Another Summons Issued 5/31/18)
[10-10-18 - Arlene Greer aka Arlene Biden ONLY dismissed -docket no. [47]
FR: 7-25-18; 8-29-18; 10-24-18
Docket 8
In view of settlement negotiations between parties to this adversary proceeding, the Court will continue the status conference to April 10, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Phillip Barry Greer Pro Se
Arlene C. Greer Pro Se
Plaintiff(s):
Chriss W. Street Represented By
9:00 AM
Trustee(s):
Timothy C Aires
Richard A Marshack (TR) Represented By James C Bastian Jr
9:00 AM
Adv#: 8:18-01140 LQ Management LLC et al v. Maxey et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Fraud,
Imposition Of Stay; Property Injunction (Notice of Removal filed 7/17/18)
(Order for Status Conference Entered 7/18/18) FR: 9-19-18
Docket 1
The Court will inquire whether Plaintiff intends to file a motion to remand this unlawful detainer case to state court.
Debtor(s):
Anthony Jerome Maxey Pro Se
Defendant(s):
Anthony Maxey Pro Se
Kimberly Turner Pro Se
Plaintiff(s):
LQ Management LLC Represented By Artin Avetisove
LeClairRyan LLP Represented By Artin Avetisove
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
9:00 AM
Adv#: 8:18-01155 Naylor v. Sun et al
Hearing RE: Motion To Withdraw As Counsel Of Record For Defendants Bianca Sun And Yan Yu Sun
(Motion filed 10/12/18)
Docket 15
The Court will grant the motion, conditioned upon Mr. Wu providing a good service address for the Suns and, if he has them, then email address(es) and telephone number(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Bianca Sun Represented By
Charles C H Wu Vikram M Reddy
Yan Yu Sun Represented By
Charles C H Wu
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey
9:00 AM
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Chapter 11 Petition filed on 5/16/18)
FR: 7-25-18
Docket 0
The Court will continue the status conference to February 27, 2019 at 9:00 a.m. with an updated status report due February 13, 3019.
COURT TO PREPARE ORDER.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
Adv#: 8:18-01160 SchoolsFirst Federal Credit Union v. Sanchez
STATUS CONFERENCE HEARING RE: Complaint To Determine Dischargeability Of Debt 11 USC 523(A)(2)(a)
(Complaint filed 8/15/18)
Docket 1
- NONE LISTED -
Debtor(s):
Luis E Sanchez Represented By David R Chase
Defendant(s):
Luis E Sanchez Pro Se
Plaintiff(s):
SchoolsFirst Federal Credit Union Represented By
Paul V Reza
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 1/3/18)
FR: 3-7-18, 7-11-18; 10-24-18
Docket 1
The Court will continue the status conference to December 12, 2018 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Fred Asafu-Adjaye Represented By Kevin Tang
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Kevin Tang
9:00 AM
Adv#: 6:17-01221 United States Trustee for the Central District of v. Katona et al
PRE-TRIALCONFERENCE re: Complaint by United States Trustee for the Central District of California, Region 16 against Paul Gregory Katona, Gail Marie Katona. (Fee Not Required). with adversary cover sheet Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e)))
(Cont. from 9/13/18)
Docket 1
- NONE LISTED -
Debtor(s):
Paul Gregory Katona Represented By Douglas A Plazak
Defendant(s):
Paul Gregory Katona Represented By Douglas A Plazak
Gail Marie Katona Represented By Douglas A Plazak
Joint Debtor(s):
Gail Marie Katona Represented By Douglas A Plazak
Plaintiff(s):
United States Trustee for the Central Represented By
Everett L Green
9:00 AM
Trustee(s):
John P Pringle (TR) Represented By Lynda T Bui Rika Kido Brianna L Frazier
9:00 AM
Adv#: 6:17-01243 Vargas v. United States Department Of Education et al
Hrg. on Defendant United States Department of Education Motion filed 8/2/18 Motion for Summary Judgment or Partial Summary Adjudication
(Cont. from 9/13/18)
Docket 29
- NONE LISTED -
Debtor(s):
Carlitos Vargas Represented By Todd L Turoci
Defendant(s):
United States Department Of Represented By Elan S Levey
Navient Corporation Represented By Robert S Lampl
Navient Credit Finance Corporation Represented By
Robert S Lampl
Navient Solutions, Inc. Represented By Robert S Lampl
Education Credit Management Represented By Scott A Schiff
Joint Debtor(s):
Michelle Vargas Represented By Todd L Turoci
9:00 AM
Plaintiff(s):
Michelle Vargas Represented By Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Adv#: 6:18-01164 Speier v. Adams
STATUS CONFERENCE re: Complaint by Steven M Speier against Ted D Adams. (Charge To Estate). Complaint For: (1) Avoidance of Preferential Transfers Pursuant to 11 U.S.C. § 547; (2) Avoidance and Recovery of Intentional Fraudulent Transfer; (3) Avoidance and Recovery of Constrictive Fraudulent Transfer; (4) Recovery of Avoided Transfers Pursuant to 11 U.S.C. § 550 Nature of Suit: (12 (Recovery of money/property - 547 preference))
Docket 1
- NONE LISTED -
Debtor(s):
Bradford Leon Fee Represented By Suzette Douglas
Defendant(s):
Ted D Adams Pro Se
Joint Debtor(s):
Christine Diane Fee Represented By Suzette Douglas
Plaintiff(s):
Steven M Speier Represented By Thomas J Eastmond
Trustee(s):
Steven M Speier (TR) Represented By Donald Reid Robert P Goe
9:00 AM
Goe & Forsythe LLP
9:00 AM
Adv#: 6:18-01165 Speier v. Updike et al
STATUS CONFERENCE re: Complaint by Steven M Speier against Judith A Updike, Jeffrey D Fee, Lisa R Fee, Larry C Lindenstein. (Charge To Estate). Complaint For: (1) Avoidance of Preferential Transfer (1) Pursuant to 11 U.S.C.
§ 547; (2) Avoidance of Preferential Transfer (2) Pursuant to 11 U.S.C. § 547;
Recovery of Avoided Transfer Pursuant to 11 U.S.C. § 550 Nature of Suit: (12 (Recovery of money/property - 547 preference))
Docket 1
Based upon the parties' request, the Court orders this adversary proceeding into mediation. A mediation stipulation shall be filed and a proposed order lodged thereon on or before December 15, 2018.
Next status conference: April 18, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Bradford Leon Fee Represented By Suzette Douglas
Defendant(s):
Judith A Updike Pro Se
Jeffrey D Fee Pro Se
Lisa R Fee Pro Se
Larry C Lindenstein Pro Se
9:00 AM
Joint Debtor(s):
Christine Diane Fee Represented By Suzette Douglas
Plaintiff(s):
Steven M Speier Represented By Thomas J Eastmond
Trustee(s):
Steven M Speier (TR) Represented By Donald Reid Robert P Goe
Goe & Forsythe LLP
9:00 AM
Adv#: 6:18-01170 Kathleen v. Bonamici
STATUS CONFERENCE re: Complaint by Von Dehn Kathleen against Leanna Therese Bonamici. false pretenses, false representation, actual fraud))
Docket 1
The Court will order this adversary proceeding into mediation based upon the parties' request for mediation. A mediation stipulation shall be filed and a proposed order lodged thereon on or before December 15, 2018.
Next status conference: April 18, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Leanna Therese Bonamici Represented By Christopher Hewitt
Defendant(s):
Leanna Therese Bonamici Pro Se
Plaintiff(s):
Von Dehn Kathleen Represented By
R Gibson Pagter Jr.
Trustee(s):
Charles W Daff (TR) Represented By
R Gibson Pagter Jr.
2:00 PM
Hrg. on Amended Disclosure Statement
Docket 281
Objections to the Second Amended Disclosure Statement ("2ADS") by Ms. Shin mostly go to whether the plan should be confirmed, not whether the 2ADS contains adequate information. The Court does not agree that the Second Amended Plan ("2AP") is patently non-confirmable. Simple mathshows that the plan is feasible and that all creditors' claims can be paid in full. As the Court will review with counsel at the disclosure statement hearing, sources of cash over the 5 year plan total about $3.8 million. Uses of funds (including paying all claims in full) total about $3.4 million, leaving a $400,000 equity cushion for Mr. Altman.
The Court will approve the 2ADS -- with one material change -- and set the following schedule:
Serve 2AP and 2ADS on or before November 30, 2018.
Ballots and objections to plan confirmation are due January 4, 2019.
Reply to objections to plan confirmation is due January 25, 2019.
The plan confirmation memorandum is due February 1, 2019.
The lists of witnesses to be called at the plan confirmation hearing shall be filed and served on or before February 8, 2019. All exhibits intended to be introduced into
2:00 PM
evidence at the plan confirmation hearing shall be filed on or before February 8, 2019.
The plan confirmation hearing is set for February 21, 2019 at 2:00 p.m. in Santa Ana.
COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Hrg. re Motion, of Yun Hei Shin, moving for order dismissing Altmans Ch.11 case, with a 180 Day bar against filing any additional bankruptcy Case, for cause, Including improper diminution of bankruptcy estate; 2nd amended plan is not confirmable; bad faith; and undue delay prejudicial to creditors
Docket 289
- NONE LISTED -
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Hrg. on Debtor's Motion filed 10/16/18 to Continue Hearing on Shin Motion to Dismiss
Docket 293
- NONE LISTED -
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Hrg. on Chapter 11 Status Conference (cont. from 8/2/18)
Docket 0
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: January 16, 2019 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:30 PM
Hrg. on Approval of Reaffirmation filed 10/8/18 Reaffirmation Agreement Between Debtor and JPMorgan Chase Bank
Docket 12
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Carmen Garcia Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
2:30 PM
Hrg. on Approval of Reaffirmation Agreement filed 10/18/18 Between Debtor and Alaska USA Fedral Credit Union, in the amount of $ 11,718.379
Re: 2011 Chevrolet Traverse
Docket 11
The Court will disapprove the agreement as not in Debtors' best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Miguel Gabriel Represented By Lauren M Foley
Joint Debtor(s):
Martha Belmontes Romero Represented By Lauren M Foley
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:30 PM
Hrg. on Approval of Reaffirmation filed 10/12/18 Reaffirmation Agreement Between Debtor and Mechanics Bank
Docket 10
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Sigrid Sorensen Wiik Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
2:30 PM
Hrg. on Approval of Reaffirmation filed 10/10/18 Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corporation
Docket 16
The Court will disapprove the agreement as not in Debtors' best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Javier Vasquez Jr Pro Se
Joint Debtor(s):
Maria D Vasquez Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 7-11-18; 9-12-18; 10-24-18
Docket 2
Debtor(s):
Christine K Roberts Represented By Bruce D White
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 10-24-18
Docket 2
Debtor(s):
Lian Menguito Lumba Represented By Raymond J Seo
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 10-24-18
Docket 16
Debtor(s):
Marc James Cooperstein Represented By Tina H Trinh
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 10-24-18
Docket 14
Debtor(s):
Brenda Carol Kittle Represented By Joseph A Weber
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 18
Debtor(s):
Juan Maldonado Aburto Represented By
Anthony Obehi Egbase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 21
Debtor(s):
Gregorio Reyes Represented By Jaime A Cuevas Jr.
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Debtor(s):
Edgar Sebastian Vazquez Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Debtor(s):
Francisco J. Aguilar Represented By Michael D Franco
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Debtor(s):
Raashid H Siddiqui Represented By Sundee M Teeple
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
Debtor(s):
Daniel Morrissey Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
Debtor(s):
Lucrecia Garcia Mendez Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
Debtor(s):
Bryant Edward Rugg Represented By Anerio V Altman
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 11
Debtor(s):
Raymundo Bravo Mejia Represented By David R Chase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
Debtor(s):
Agustin Barrera Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
11:00 AM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 10-24-18
Docket 2
Debtor(s):
Coleen Marie Randall Represented By Brian J Soo-Hoo
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
11:00 AM
Hearing RE: Objection To Claims Of Exemption (Motion filed 10/3/18)
Docket 0
Debtor(s):
Coleen Marie Randall Represented By Brian J Soo-Hoo
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
11:00 AM
Hearing RE: Motion For Authority To Sell Personal Property (Motion filed 10/17/18)
(Set per Notice of Hearing filed 10/18/18) (Trustee Comments filed 10/18/18)
Docket 48
Debtor(s):
April Marie Tory Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
11:00 AM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments [11 U.S.C. 1307(c)] (Motion filed 6/6/18)
(Opposition filed 6/13/18)
(Notice of Hearing filed 10/17/18)
Docket 37
Debtor(s):
Ronald Robert Deak Represented By
Thomas E Brownfield
Joint Debtor(s):
Aida Rosario Ganddini Represented By
Thomas E Brownfield
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
11:00 AM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments [11 U.S.C. 1307(c)] (Motion filed 10/9/18)
(Opposition filed 10/23/18)
Docket 49
Debtor(s):
Michelle Salazar Spree Represented By Gary Leibowitz
Jacqueline D Serrao
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
11:00 AM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 9/6/18) (Opposition filed 9/20/18)
Docket 84
Debtor(s):
Bette Mae Doremus Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
11:00 AM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments [11 U.S.C. 1307(c)] (Motion filed 10/9/18)
(Opposition filed 10/10/18) Notice of Hearing filed 10/10/18)
Docket 42
Debtor(s):
Eddie Evans Light Represented By Michael Jones Sara Tidd
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
11:00 AM
Hearing RE: Trinity Financial Services, LLC's Motion To Dismiss Case (Motion filed 10/3/18)
Docket 64
Debtor(s):
Gary Alan Powers Represented By Timothy McFarlin
Joint Debtor(s):
Ana Maria Powers Represented By Timothy McFarlin
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
11:00 AM
Hearing RE: Motion To Avoid Junior Lien On Principal Residence With HSBC Mortgage Services, Inc.
(Motion filed 10/23/18)
Docket 46
Debtor(s):
Christine K Roberts Represented By Bruce D White
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
11:00 AM
Hearing RE: Motion To Vacate Dismissal Of Alejandro Aguirre And Judith Aguirre's Case Number 8:16-bk-12511-MW
(Motion filed 10/15/18)
Docket 68
Debtor(s):
Alejandro Aguirre Represented By Jaime A Cuevas Jr.
Joint Debtor(s):
Judith G. Aguirre Represented By Jaime A Cuevas Jr.
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
11:00 AM
Hearing RE: Motion To Vacate Order Dismissing Bankruptcy Case (Set per Order Entered 10/31/18)
Docket 13
Debtor(s):
Juana Pierda Mondragon Represented By Bryn C Deb
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
11:00 AM
Hearing RE: Application For Supplemental Fees: (Motion filed 10/10/18)
(Set per Notice of Hearing filed 10/15/18)
[RE: DAVID CHASE - Attorney For Debtor] [Fees: $1,850.00; Expenses: $0.00]
Docket 128
Debtor(s):
Jann Kempton Represented By David R Chase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Status Conference Hrg. on Chapter 7 Trustee's Motion filed 6/18/18 for entry of order authorizing payment of post-petition payroll taxes of the estate
Docket 548
- NONE LISTED -
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan Joseph N Darweesh
Trustee(s):
Todd A. Frealy (TR) Represented By Eve H Karasik Jeffrey S Kwong Juliet Y Oh Carmela Pagay
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Wilmington Savings Fund Society, FSB, D/B/A Christiana Trust, Not Individually But As Trustee For Pretium Mortgage Acquisition Trust vs. DEBTORS
(Motion filed 9/6/18)
[RE: 115 North Jackson Street, Santa Ana, California 92703]
FR: 10-15-18
Docket 79
NONE LISTED -
Debtor(s):
Angel Juarez Represented By
Sunita N Sood
Joint Debtor(s):
Maria Juana Juarez Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Bank Of America, N.A. vs. DEBTORS (Motion filed 10/25/18)
[RE: 29 Summitcrest, Trabuco Canyon, CA 92679]
Docket 36
NONE LISTED -
Debtor(s):
Leonard N DeSanti Represented By Anerio V Altman
Joint Debtor(s):
Kathleen R DeSanti Represented By Anerio V Altman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
JPMorgan Chase Bank, National Association vs. DEBTOR (Motion filed 8/31/18)
[RE: 1240 E Banyan Avenue, Anaheim CA 92805 ]
FR: 10-15-18
Docket 44
NONE LISTED -
Debtor(s):
Artemio Uriostegui Sagal Represented By Luis G Torres
Joint Debtor(s):
Elidia Garcia Sagal Represented By Luis G Torres
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Deutsche Bank National Trust Company, As Trustee For The Benefit Of The Harborview 2004-8 Trust Fund vs. DEBTOR
(Motion filed 9/7/18)
[RE: 21492 Countryside Drive, Lake Forest, CA 92630]
FR: 10-15-18
Docket 39
NONE LISTED -
Debtor(s):
Brian Edward McDonald Represented By Charles J Brash
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
CarFinance Capital vs. DEBTOR (Motion filed 10/24/18)
[RE: 2013 Mitsubishi Lancer - VIN No.: JA32U8FW5DU014917]
Docket 34
NONE LISTED -
Debtor(s):
Jennifer Leigh Cunningham Represented By Michael Jones Sara Tidd
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Santander Consumer USA Inc. dba Chrysler Capital vs. DEBTOR (Motion filed 10/4/18)
[RE: 2014 Chrysler 300 - VIN No.: 2C3CCAAG1EH297261]
Docket 37
NONE LISTED -
Debtor(s):
David Michael Weisman Represented By Daniel King
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Chriss W. Street vs. DEBTOR (Motion filed 10/24/18)
[Case Name: Street v. Greer]
[Docket Number: G055418 [OSC Case No. 30-2011-00512573)]
[Pending In: Fourth District, Division Three (Orange County)]
Docket 48
NONE LISTED -
Debtor(s):
Phillip Barry Greer Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D ODea
9:00 AM
Motion for relief from stay [Real Property]
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 2007-12 - vs. DEBTORS
(Motion filed 10/8/18)
[RE: 566 Traverse Drive Costa Mesa, California 92626]
Docket 53
NONE LISTED -
Debtor(s):
Gerald Bennet Villaverde Represented By Christopher J Langley
Joint Debtor(s):
Melinda Emma Sutika Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Wells Fargo Bank, N.A. vs. DEBTOR (Motion filed 10/24/18)
[RE: 1707 Colina Terrestre, San Clemente, CA 92673]
Docket 41
NONE LISTED -
Debtor(s):
Darren Kobayashi Represented By John Habashy
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from [Action In Non-Bankruptcy Forum]
Elizabeth Anderson vs. DEBTOR (Motion filed 10/18/18)
[RE: Case Name: Elizabeth Anderson vs. John Bruno] [Docket Number: TC 028516]
[Pending In: Superior Court Of California, County Of Los Angeles, Compton]
Docket 28
NONE LISTED -
Debtor(s):
John J Bruno Represented By
Daniel King
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
IMPAC Mortgage Corp., dba CashCall Mortgage, And Its Successors And/Or Assignees vs. DEBTOR
(Motion filed 10/25/18)
[RE: 357 N. Avelina Way, Anaheim, CA 92805]
Docket 20
NONE LISTED -
Debtor(s):
Lian Menguito Lumba Represented By Raymond J Seo
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Lakeside Park Community Association vs. DEBTOR (Motion filed 10/8/18)
[RE: 24806 Lakefield Street Lake Forest, CA 92630]
Docket 12
NONE LISTED -
Debtor(s):
Lovert B. Hogai Represented By Matthew D. Resnik
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Fidel Ramirez Trejo And Leticia Ramirez vs. DEBTOR (Motion filed 10/24/18)
[RE: Case Name: Ramirez v. Romero Baltazar, et al.] [Docket Number: 30-2018-00984161-CU-PA-CJC]
[Pending In: Orange County Superior Court]
Docket 9
NONE LISTED -
Debtor(s):
Manuel Romero Represented By Lauren M Foley
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
Mat Surf, LLC, A California LLC vs. DEBTOR (Motion filed 10/29/18)
[RE: 19710 East Arrow Highway, Covina, California 91724]
Docket 9
NONE LISTED -
Debtor(s):
Thu Thuy Thi Nguyen Represented By Michael Jay Berger
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Interim Fee Application For The Period From January 28, 2016 Through August 31, 2018
(Application filed 9/28/18)
[RE: SULMEYERKUPETZ, A PROFESSIONAL CORPORATION - Attorneys
For Jeffrey I. Golden, Chapter 7 Trustee] [Fee: $94,558.50; Expenses: $2,745.82]
Docket 171
NONE LISTED -
Debtor(s):
William John Murphy Represented By Sean A OKeefe
Michael N Nicastro
Joint Debtor(s):
Cheryl Lynn Murphy Represented By Sean A OKeefe
Trustee(s):
Jeffrey I Golden (TR) Represented By Jason Balitzer Steven Werth
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order:
Authorizing Sale Of Real Property Free And Clear Of Liens, Claims, And Interests Pursuant To 11 U.S.C. Sections 363(b) And (f);
Approving Overbid Procedures;
Approving Buyer, Successful Bidder, And Back-Up Bidder As Good-Faith Purchaser Pursuant To 11 U.S.C. Section 363(m);
Authorizing Payment Of Undisputed Liens, Real Estate Broker's Commissions And Other Ordinary Costs Of Sale; And
Directing All Occupants Of The Property To Vacate And Remove Their Possessions
(Motion filed 10/29/18)
Docket 132
- NONE LISTED -
Debtor(s):
Mega Development Group LLC Represented By
Greg M Mortensen Larry Rothman
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello
2:00 PM
Adv#: 8:18-01117 Kermode v. Collins
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Non- Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a) (Complaint filed 6/25/18)
FR: 9-12-18
Docket 1
- NONE LISTED -
Debtor(s):
Derek Lee Collins Pro Se
Defendant(s):
Derek Lee Collins Pro Se
Plaintiff(s):
Deborah J. Geary Kermode Represented By Ryan D ODea
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 8/30/18)
Docket 0
Next Status Conference: March 28, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Flem Earl McMillan Represented By Todd L Turoci Todd L Turoci
Joint Debtor(s):
Lydia Ventura McMillan Represented By Todd L Turoci Todd L Turoci
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
AmeriCredit Financial Services, Inc. vs. DEBTOR; Howard B. Grobstein (Motion filed 10/26/18)
Re 2011 Chevrolet Silverado 1500, VIN 1GCRCSE09BZ102611
Docket 16
Grant under § 362(d)(1), (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Marc Daniel Dominguez Represented By Gordon L Dayton
Joint Debtor(s):
Angelina Rose Dominguez Represented By Gordon L Dayton
Movant(s):
Americredit Financial Services, Inc., Represented By
Sheryl K Ith
9:00 AM
Trustee(s):
Howard B Grobstein (TR) Pro Se
2:00 PM
Hrg. on approval of trustee's final report and applications for compensation
Docket 0
Grant and allow:
Trustee's fees: $21,042.77 Trustee's expenses: $59.76
Accountant's fees: $2,554.50 Accountant's expenses: $321.00
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Widly, Inc. Represented By
Richard R Hurley - DISBARRED -
Trustee(s):
Arturo Cisneros (TR) Represented By Elyza P Eshaghi
Leonard M Shulman Melissa Davis Lowe
2:00 PM
Hrg. on approval of trustee's final report and applications for compensation
Docket 0
Grant and allow:
Trustee's fees: $7,533.64 Trustee's expenses: $156.94
Shulman Hodges fees: $6,281.89 Shulman Hodges expenses: $787.00
Hahn Fife fees: $1,932.00 Hahn Fife expenses: $256.70
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Monica B. Rios Represented By
W. Derek May
Trustee(s):
Charles W Daff (TR) Represented By Lynda T Bui Rika Kido
2:00 PM
Hrg. on Debtors' Motion to Avoid Judicial Lien with Jamie Taylor (Cont. from 6/5/18)
Docket 29
- NONE LISTED -
Debtor(s):
Val James Simon Represented By Todd L Turoci
Joint Debtor(s):
Katherine Lois Simon Represented By Todd L Turoci
Movant(s):
Val James Simon Represented By Todd L Turoci Todd L Turoci Todd L Turoci
Katherine Lois Simon Represented By Todd L Turoci Todd L Turoci Todd L Turoci
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Hrg on Chapter 7 Trustee's Motion to Reconsider and Vacate Order Dismissing Case
Docket 29
The Court will grant the motion and vacate its dismissal order.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Scott Shih Lee Represented By Ronald D Halpern
Trustee(s):
Robert Whitmore (TR) Represented By
D Edward Hays
2:00 PM
Status Conference Hrg. on Chapter 7 Trustee's Motion filed 6/18/18 for entry of order authorizing payment of post-petition payroll taxes of the estate
Docket 548
- NONE LISTED -
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan Joseph N Darweesh
Trustee(s):
Todd A. Frealy (TR) Represented By Eve H Karasik Jeffrey S Kwong Juliet Y Oh Carmela Pagay
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Bank Of America, N.A. vs. DEBTORS (Motion filed 10/25/18)
[RE: 29 Summitcrest, Trabuco Canyon, CA 92679]
FR: 11-19-18
Docket 36
Grant under 11 U.S.C. § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Leonard N DeSanti Represented By Anerio V Altman
Joint Debtor(s):
Kathleen R DeSanti Represented By Anerio V Altman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
JPMorgan Chase Bank, National Association vs. DEBTOR (Motion filed 8/31/18)
[RE: 1240 E Banyan Avenue, Anaheim CA 92805 ]
FR: 10-15-18; 11-19-18
Docket 44
The Court will grant the motion under 11 U.S.C. § 362(d)(1 unless all arrearages are fully cured at least one day before the hearing.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Artemio Uriostegui Sagal Represented By Luis G Torres
Joint Debtor(s):
Elidia Garcia Sagal Represented By Luis G Torres
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Deutsche Bank National Trust Company, As Trustee For The Benefit Of The Harborview 2004-8 Trust Fund vs. DEBTOR
(Motion filed 9/7/18)
[RE: 21492 Countryside Drive, Lake Forest, CA 92630]
FR: 10-15-18; 11-19-18
Docket 39
- NONE LISTED -
Debtor(s):
Brian Edward McDonald Represented By Charles J Brash
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Personal Property]
CarFinance Capital vs. DEBTOR (Motion filed 10/24/18)
[RE: 2013 Mitsubishi Lancer - VIN No.: JA32U8FW5DU014917]
FR: 11-19-18
Docket 34
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jennifer Leigh Cunningham Represented By Michael Jones Sara Tidd
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Personal Property]
Santander Consumer USA Inc. dba Chrysler Capital vs. DEBTOR (Motion filed 10/4/18)
[RE: 2014 Chrysler 300 - VIN No.: 2C3CCAAG1EH297261]
FR: 11-19-18
Docket 37
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
David Michael Weisman Represented By Daniel King
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]
Chriss W. Street vs. DEBTOR (Motion filed 10/24/18)
[Case Name: Street v. Greer]
[Docket Number: G055418 [OSC Case No. 30-2011-00512573)]
[Pending In: Fourth District, Division Three (Orange County)]
FR: 11-19-18
Docket 48
The Court will grant the motion pursuant to § 362(d)(1). Debtor's appeal can go forward in state court, and the Debtor may return to this Court on the issue of dischargeability should the state court rule against him in the appeal.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Phillip Barry Greer Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D ODea
9:00 AM
CONT'D Motion for relief from stay [Real Property]
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 2007-12 - vs. DEBTORS
(Motion filed 10/8/18)
[RE: 566 Traverse Drive Costa Mesa, California 92626]
FR: 11-19-18
Docket 53
The Court will take judicial notice of Debtor's serial filings, grant the motion under § 362(d)(1) and (d)(4), terminate any co-debtor stay and, in addition, will grant (d)(4) relief under numbered paragraph 9 upon the recording of a copy of this order.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Gerald Bennet Villaverde Represented By Christopher J Langley
Joint Debtor(s):
Melinda Emma Sutika Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Wells Fargo Bank, N.A. vs. DEBTOR (Motion filed 10/24/18)
[RE: 1707 Colina Terrestre, San Clemente, CA 92673]
FR: 11-19-18
Docket 41
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Darren Kobayashi Represented By John Habashy
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from [Action In Non-Bankruptcy Forum]
Elizabeth Anderson vs. DEBTOR (Motion filed 10/18/18)
[RE: Case Name: Elizabeth Anderson vs. John Bruno] [Docket Number: TC 028516]
[Pending In: Superior Court Of California, County Of Los Angeles, Compton]
FR: 11-19-18
Docket 28
No tentative ruling.
Debtor(s):
John J Bruno Represented By
Daniel King
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
IMPAC Mortgage Corp., dba CashCall Mortgage, And Its Successors And/Or Assignees vs. DEBTOR
(Motion filed 10/25/18)
[RE: 357 N. Avelina Way, Anaheim, CA 92805]
FR: 11-19-18
Docket 20
Grant under § 362(d)(1) and terminate co-debtor stay.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Lian Menguito Lumba Represented By Raymond J Seo
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Lakeside Park Community Association vs. DEBTOR (Motion filed 10/8/18)
[RE: 24806 Lakefield Street Lake Forest, CA 92630]
FR: 11-19-18
Docket 12
This is a close case, with strong arguments made by each of the parties. The controlling consideration for the Court is that the Debtor is not a repeat filer; this is Debtor's first bankruptcy filing.
The Court will deny the motion without prejudice. Debtor is ordered to make adequate protection payments equal to the regular monthly assessment on or before the 15th day of each calendar month, to be applied to postpetition HOA assessments.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Lovert B. Hogai Represented By Matthew D. Resnik
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]
Fidel Ramirez Trejo And Leticia Ramirez vs. DEBTOR (Motion filed 10/24/18)
[RE: Case Name: Ramirez v. Romero Baltazar, et al.] [Docket Number: 30-2018-00984161-CU-PA-CJC]
[Pending In: Orange County Superior Court]
FR: 11-19-18
Docket 9
No tentative ruling.
Debtor(s):
Manuel Romero Represented By Lauren M Foley
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Unlawful Detainer]
Mat Surf, LLC, A California LLC vs. DEBTOR (Motion filed 10/29/18)
[RE: 19710 East Arrow Highway, Covina, California 91724]
FR: 11-19-18
Docket 9
The Court will grant the motion pursuant to § 362(d)(1) and will permit the state court to determine the unlawful detainer proceeding.
The 14 day stay is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Thu Thuy Thi Nguyen Represented By Michael Jay Berger
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Interim Fee Application For The Period From January 28, 2016 Through August 31, 2018
(Application filed 9/28/18)
[RE: SULMEYERKUPETZ, A PROFESSIONAL CORPORATION - Attorneys
For Jeffrey I. Golden, Chapter 7 Trustee] [Fee: $94,558.50; Expenses: $2,745.82]
FR: 11-19-18
Docket 171
The Court will grant the motion and allow as follows on an interim basis:
Attorneys' fees: $94,558.50 Attorneys' costs: $2,745.82
Of these amounts, the Chapter 7 Trustee is authorized to currently pay $75,696.80 in fees and $2,745.82 in costs.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
William John Murphy Represented By Sean A OKeefe
Michael N Nicastro
Joint Debtor(s):
Cheryl Lynn Murphy Represented By
2:00 PM
Trustee(s):
Sean A OKeefe
Jeffrey I Golden (TR) Represented By Jason Balitzer Steven Werth
2:00 PM
CONT'D Hearing RE: Chapter 7 Trustee's Motion For Order:
Authorizing Sale Of Real Property Free And Clear Of Liens, Claims, And Interests Pursuant To 11 U.S.C. Sections 363(b) And (f);
Approving Overbid Procedures;
Approving Buyer, Successful Bidder, And Back-Up Bidder As Good-Faith Purchaser Pursuant To 11 U.S.C. Section 363(m);
Authorizing Payment Of Undisputed Liens, Real Estate Broker's Commissions And Other Ordinary Costs Of Sale; And
Directing All Occupants Of The Property To Vacate And Remove Their Possessions
(Motion filed 10/29/18) FR: 11-19-18
Docket 132
The Court will grant the motion, except that all incremental bids shall be $5,000 or more.
The Court will inquire whether there are any overbidders.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mega Development Group LLC Represented By
Greg M Mortensen Larry Rothman
Trustee(s):
Weneta M Kosmala (TR) Represented By
2:00 PM
Reem J Bello
9:00 AM
McCarthy & Holthus, LLP - movant's attorney Motion for Relief from Stay
Finance of America Reverse LLC vs. Debtor (Motion filed 10/18/2017)
RE: 225 Birchwood Drive, Lake Arrowhead, CA 92352 (Cont. from 8/28/18)
Docket 12
Debtor(s):
Douglas Craig Woodard Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
Hrg. on Debtor's Motion to Convert case from chapter 7 to chapter 13
Docket 0
Debtor(s):
Alisha Shanea Reese Represented By Suzette Douglas
Trustee(s):
Rod Danielson (TR) Pro Se
9:00 AM
Adv#: 8:17-01144 Itria Ventures, LLC v. Ervin
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Dischargeability Of Debt
(Complaint filed 8/30/17) (PTC set at S/C held 6/27/18) FR: 11-22-17; 3-7-18; 6-27-18
Docket 1
No tentative ruling.
Debtor(s):
Michael J Ervin Represented By Mark D Klein
Defendant(s):
Michael J Ervin Pro Se
Plaintiff(s):
Itria Ventures, LLC Represented By Michael F Chekian
Trustee(s):
Karen S Naylor (TR) Represented By Burd & Naylor
9:00 AM
Adv#: 8:18-01068 Reaves-Berrard v. Weisman
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Non-Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(4) And 11
U.S.C. Section 523(a)(6)
(Complaint filed 4/9/18) (PTC set at S/C held 6/27/18) FR: 6-27-18
Docket 1
No tentative ruling.
Debtor(s):
David Michael Weisman Represented By Daniel King
Defendant(s):
David Weisman Pro Se
Plaintiff(s):
Cherelle Reaves-Berrard Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Adv#: 8:18-01159 Marshack v. Sundara et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Denial Of Discharge Pursuant To 11 U.S.C. Section 727(a)(3);
Denial Of Discharge Pursuant To 11 U.S.C. Section 727(a)(4);
Turnover Of Property Of Property Pursuant To 11 U.S.C. Section 542; And
Sale Of Property Pursuant To 11 U.S.C. Section 363 (Complaint filed 8/7/18)
(Another Summons Issued 8/31/18)
Docket 1
Plaintiff shall obtain entry of default by the Clerk on or before January 31, 2019. A motion for entry of default judgment shall be filed on or before April 30, 2019.
PLAINTIFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Patty Sundara Represented By Gordon L Dayton
Defendant(s):
Patty Sundara Pro Se
Thachabe Mokda Pro Se
Plaintiff(s):
Richard Marshack Represented By Anerio V Altman
9:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Adv#: 8:18-01084 Modern VideoFilm, Inc. v. Barkat et al
CONT'D Hearing RE: Motion To Dismiss Modern VideoFilm, Inc.'s First Amended Complaint
[Motion Treated As Summary Judgment Motion]
(Motion filed 7/6/18) FR: 8-1-18; 10-17-18
Docket 33
- NONE LISTED -
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
Defendant(s):
Moshe Barkat Represented By Juliet Y Oh David L. Neale
Modern VideoFilm Holdings, LLC Represented By
Juliet Y Oh David L. Neale
Sidan Engineering, L.P. Represented By David L. Neale
Sivan Barkat Sherman Represented By
9:00 AM
David L. Neale
Danielle Barkat Turner Represented By David L. Neale
Deborah Barkat Represented By David L. Neale
Hugh Miller Represented By
David L. Neale
Plaintiff(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
Adv#: 8:18-01084 Modern VideoFilm, Inc. v. Barkat et al
CONT'D Hearing RE: Special Motion To Strike Second, Tenth And Fifteenth Claims For Relief From Modern VideoFilm, Inc.'s First Amended Complaint [Motion Treated As Summary Judgment Motion]
(Motion filed 7/6/18)
[Defendant Hugh Miller dismissed 8/10/18 - Docket No. [57])
FR: 8-1-18; 10-17-18
Docket 34
- NONE LISTED -
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
Defendant(s):
Moshe Barkat Represented By Juliet Y Oh David L. Neale
Modern VideoFilm Holdings, LLC Represented By
Juliet Y Oh David L. Neale
Sidan Engineering, L.P. Represented By David L. Neale
9:00 AM
Sivan Barkat Sherman Represented By David L. Neale
Danielle Barkat Turner Represented By David L. Neale
Deborah Barkat Represented By David L. Neale
Hugh Miller Represented By
David L. Neale
Plaintiff(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
Adv#: 8:18-01167 Anderson v. Bruno
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt
[Pursuant To 11 U.S.C. Section 523(a)(2)(A)] (Complaint filed 9/4/18)
Docket 1
- NONE LISTED -
Debtor(s):
John J Bruno Represented By
Daniel King
Defendant(s):
John Bruno Pro Se
Plaintiff(s):
Elizabeth Anderson Represented By Leona R Singer
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 8:17-01119 Kosmala v. Pacific Commercial Group, LLC et al
PRE-TRIAL CONFERENCE Hearing RE: Complaint:
For Turnover Of Property Of The Estate And For An Accounting Pursuant To 11 U.S.C. Section 542;
For Turnover Of Property Of The Estate And For An Accounting Pursuant To 11 U.S.C. Section 542;
For Turnover Of Property Of The Estate And For An Accounting Pursuant To 11 U.S.C. Section 542;
For Turnover Of Property Of The Estate And For An Accounting Pursuant To 11 U.S.C. Section 542;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(B) And 550; And California Civil Code Sections 3439.04(a)(1); 3439.07 And 3439.09;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(b) And 550; And California Civil Code Sections 3439.04(a)(2); 3439.07 And 3439.09;
To Avoid And Recover Fraudulent Transfers Under 11 U.S.C. Sections 544(b) And 550; And California Civil Code Sections 3439.05; 3439.07 And 3439.09;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(A)(1)(A) And 550;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(A)(1)(B) And 550;
To Avoid And Recover Unauthorized Post Petition Transfers Pursuant To 11 U.S.C. Sections 549 And 550;
Declaratory Relief;
To Preserve Transfers For The Benefit Of The Estate Pursuant To 11
U.S.C. Section 551; And
For Attorneys' Fees And Costs (Complaint filed 7/15/17)
(PTC set at S/C held 3-7-18)
FR: 10-4-17; 11-8-17; 1-17-18; 3-7-18
Docket 1
9:00 AM
The Court will issue a scheduling order:
All discovery shall close on August 31, 2018.
All discovery motions shall be heard before September 30, 2018.
All pretrial motions (except motions in limine) shall be heard before October 31, 2018.
Pretrial conference is set for November 28, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
Pacific Commercial Group, LLC Pro Se
Baek Family Partnership, LLC Pro Se
Baek 124, LLC Pro Se
Baek Holdings, LLC Pro Se
Baek 153, LLC Pro Se
RGJ Baek, LLC Pro Se
Richard Baek Pro Se
Grace Baek Pro Se
9:00 AM
Plaintiff(s):
Weneta M.A. Kosmala Represented By Reem J Bello
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/28/16)
FR: 2-8-17; 5-3-17; 7-26-17; 9-13-17; 12-5-17; 2-14-18; 5-2-18; 8-1-18
Docket 1
- NONE LISTED -
Debtor(s):
Blue Light Capital Corp Represented By Alan M Lurya
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 case (Petition filed 11/6/17)
FR: 1-17-18; 2-26-18; 4-9-18; 4-30-18; 8-1-18
Docket 27
- NONE LISTED -
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
Adv#: 6:17-01192 Zagros Horizons USA, Inc. v. Bagheritarie
STATUS CONFERENCE Re: Complaint for: 1. Declaratory relief 2. Preliminary injunction 3. Avoidance and recovery of actual fraudulent transfers (11 U.S.C. §§ 548(1)(A) and 550) 4. Avoidance and recovery of actual fraudulent transfers (CCP §3439) 5. Avoidance and recovery of constructive fraudulent transfer (11
U.S.C. §§5549(a)(1)(B) and 550) (Cont. from 8/30/18)
Docket 1
Debtor(s):
Frank Bagheritarie Represented By Neil R Hedtke
Defendant(s):
Frank Bagheritarie Represented By Varand Gourjian
Plaintiff(s):
Zagros Horizons USA, Inc. Represented By Dina Farhat Paymon Bidari
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
9:00 AM
Adv#: 6:16-01167 Shin v. Altman
STATUS CONFERENCE re: Complaint by Yun Hei Shin against Murray Altman. fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))
Docket 1
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Defendant(s):
Murray Altman Represented By Andrew S Bisom Kathleen P March
Plaintiff(s):
Yun Hei Shin Represented By
Kathleen P March Andrew S Bisom
9:00 AM
Adv#: 6:18-01046 Havasu Lakeshore Investments v. Fleming, Sr
Status Conference re Complaint to (41) to block debtors discharge; to determine nondischargeability of debt re fraud judgment after jury trial; false pretenses, false representation, actual fraud)),(65 (Dischargeability - other)
(Cont. from 5/10/18)
Docket 1
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Terry Lee Fleming Sr Pro Se
Plaintiff(s):
Havasu Lakeshore Investments Represented By Frederick M. Reich Martin A Eliopulos Grant G. Teeple
9:00 AM
Adv#: 6:17-01088 Anderson v. Marcelo
STATUS CONFERENCE RE: 1) Avoidance of Intentional Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551; Cal. Civ. Code §§
3439.04, 3439.07, 3439.08]; 2) Avoidance of Constructive Fraudulent Transfers
and Recovery of Same [11 U.S.C. §§ 544, 548, 550, 551; Cal. Civ. Code §§
3439.04, 3439.05, 3439.07, 3439.08, 3439.09]; 3) Disallowance of Claims [11
U.S.C. §502(d)]; 4) Unjust Enrichment [11 U.S.C. § 105]; 5) Declaratory Relief [11 U.S.C. §§ 541, 544, 548; FRBP 7001(9)]; and 6) Turnover of Property of the Estate [11 U.S.C. § 542]
(Cont. from 8/30/18)
Docket 1
Debtor(s):
Anthony Lorenzo Marcelo Represented By Daniel King
Defendant(s):
Relito C. Marcelo Represented By Daniel King
Plaintiff(s):
Karl T. Anderson Represented By Brandon J Iskander
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Elyza P Eshaghi
9:00 AM
Adv#: 8:17-01186 Official Committee Of Unsecured Creditors v. Circulation Technicians, Inc.
Hearing RE: Defendant Circulation Technicians, Inc.'s Motion For Summary Judgment
(Motion filed 10/18/18)
Docket 19
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Circulation Technicians, Inc. Represented By Scott A Schiff
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Allen Law Office, Inc. - movant attorney Motion for Relief from Stay
Capital One Auto Finance vs. DEBTOR (Motion filed 10/31/18)
Re: 2013 NISSAN Sentra Sedan 4D SL I4
Docket 15
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Shelly Lynn Tholander-Turner Represented By Robert L Firth
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs DEBTOR (Motion filed 10/30/18)
RE: 2018 Toyota Tacoma
Docket 8
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Aaron Perez Represented By
Raj T Wadhwani
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
TD Auto Finance LLC vs. DEBTOR, Robert Whitmore, trustee (Motion filed 10/30/18)
Re: 2013 Chevrolet Cruze, VIN 1G1PA5SG4D7251080
Docket 8
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jennifer Ann Godson Represented By
Rabin J Pournazarian
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Vanlochem & Associates LLP - movant attorney Motion for Relief from Stay
Nissan Motor Acceptance Corporation vs. DEBTORS (Motion filed 11/12/18)
Re: 2017 NISSAN ALTIMA, VIN # 1N4AL3AP7HN318467
Docket 8
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Daniel Benitez Garcia Represented By Robert W Ripley
Joint Debtor(s):
Jacqueline Angeles Represented By Robert W Ripley
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Adv#: 6:16-01247 Western Union Financial Services, Inc. v. Awad
STATUS CONFERENCE re: Complaint by Western Union Financial Services, Inc. against Issa Ibrahim Awad. fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud))
Docket 1
The Court will set this matter over for trial on Monday, February 4, 2019 at 9:00 a.m. Trial shall last one day, commencing at 9:00 a.m., going to noon, and from 1:30 p.m. to 4:30 p.m. Each of plaintiff and defendant shall have three hours to present their respective cases. Exhibits and witness lists (which shall conform to the pretrial order) shall be filed on or before January 11, 2019.
COURT TO PREPARE ORDER.
Debtor(s):
Issa Ibrahim Awad Represented By Chris Scarcella
Defendant(s):
Issa Ibrahim Awad Represented By James Husen
2:00 PM
Plaintiff(s):
Western Union Financial Services, Represented By
Ross A Spector
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg. on attorney for Debtor's Final Application filed 10/15/18 for Approval of Fees and Reimbursement of Expenses by The Turoci Firm Debtor's Attorney, Period: 6/19/2018 to 8/31/2018, Fees: $4,750.00, Expenses: $678.84
Docket 128
The Court will grant the application and allow on a final basis:
Attorneys' fees: $37,400.00 Attorneys' expenses: $1,256.49
The Court will approve all interim fee and expense awards. Applicant may withdraw $5,194.47 from its client trust account. APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Robert Kenneth Phelps Represented By Todd L Turoci Marc Rosenthal
Joint Debtor(s):
Sharon Lee Phelps Represented By Todd L Turoci
Trustee(s):
Charles W Daff (TR) Pro Se
2:00 PM
Hrg on Trustee's Final Report and Applications for Compensation
Docket 53
The Court will grant and allow:
Trustee's fees: $2,034.97 Trustee's expenses: $558.40
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jeffrey Roy Southwick Represented By Stephen H Darrow
Joint Debtor(s):
Angela Marie Southwick Represented By Stephen H Darrow
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
Hrg. on Trustee's Final Report and Applications for Compensation
Docket 27
The Court will grant and allow:
Trustee's fees: $886.00 Trustee's expenses: $114.94
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Brittaney Elizabeth Lincoln Represented By
Wilfred E Briesemeister
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Hrg. on Motion for extension of time to have plan of reorganization confirmed
Docket 91
The Court will grant the motion and extend deadline to confirm plan to April 30, 2019.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sunpro Solar Inc. Represented By
Robert B Rosenstein
2:00 PM
Hrg. on Debtor's Motion filed 10/4/189 to Dismiss Pending Chapter 7 Bankruptcy Case
(Cont. from 11/13/18)
Docket 12
No tentative ruling.
Debtor(s):
Darlene R. Hamilton Kessee Represented By Cecil R Taylor
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 11/13/18 (1) Approving the Sale of Real Property of the Estate Free and Clear of Certain Liens Pursuant to Bankruptcy Code §§ 363(b)(1) and (f), Subject to Overbids, Combined With Notice of Bidding Procedures and Request for Approval of the Bidding Procedures Utilized; (2) Approving Payment of Real Estate Commission and Other Costs; and (3) Granting Related Relief
Docket 107
The Court has questions about the statement in the Motion that there will be no tax liability upon sale.
In the event the Court grants the Motion, minimum bid increments will all be $5,000 or more over the immediately preceding bid.
Debtor(s):
Douglas Edward Laube Represented By Todd L Turoci
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Rika Kido
9:00 AM
Adv#: 8:17-01012 Official Committee of Unsecured Creditors of Freed v. Kushner et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
For Damages;
To Avoid Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a)(1)(B);
And
To Avoid Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04, 3439.05 And 3439.07; And
Jury Trial Demand (Complaint filed 1/26/17)
FR: 4-19-17; 6-21-17; 8-2-17; 12-13-17; 2-7-18
Docket 1
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Aaron Kushner Pro Se
Eric Spitz Pro Se
Richard J. Covelli Pro Se
Traci M. Christian Pro Se
9:00 AM
Larry P. Chinn Pro Se
C & C Marketing LLC Pro Se
C2 Advisors, LLC Pro Se
Etaros Actuarial Services LLC Pro Se
Financial Institution Consulting Pro Se
JTR, LLC Pro Se
Plaintiff(s):
Official Committee of Unsecured Represented By
Alan J Kornfeld
9:00 AM
Adv#: 8:18-01167 Anderson v. Bruno
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt
[Pursuant To 11 U.S.C. Section 523(a)(2)(A)] (Complaint filed 9/4/18)
(Another Summons issued 9/19/18) FR: 11-28-18)
Docket 1
Debtor(s):
John J Bruno Represented By
Daniel King
Defendant(s):
John Bruno Pro Se
Plaintiff(s):
Elizabeth Anderson Represented By Leona R Singer
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 6:17-01192 Zagros Horizons USA, Inc. v. Bagheritarie
Hrg. on Plaintiff's Motion filed 8/2/18 to Compel the Deposition of Frank Bagheritarie and Production of Documents and Request for Sanctions
(Cont. from 8/30/18)
Docket 46
In view of the rescheduled mediation, the Court will continue this matter to March 21, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Frank Bagheritarie Represented By Neil R Hedtke
Defendant(s):
Frank Bagheritarie Represented By Varand Gourjian
Plaintiff(s):
Zagros Horizons USA, Inc. Represented By Dina Farhat Paymon Bidari
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
9:00 AM
9:00 AM
Adv#: 6:17-01192 Zagros Horizons USA, Inc. v. Bagheritarie
Hrg on Defendant's Motion to Dismiss Adversary Proceeding (Cont. from 8/30/18)
Docket 7
In view of the rescheduled mediation, the Court will continue this matter to March 21, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Frank Bagheritarie Represented By Neil R Hedtke
Defendant(s):
Frank Bagheritarie Represented By Varand Gourjian
Movant(s):
Frank Bagheritarie Represented By Varand Gourjian
Plaintiff(s):
Zagros Horizons USA, Inc. Represented By Dina Farhat Paymon Bidari
9:00 AM
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
9:00 AM
Adv#: 6:17-01192 Zagros Horizons USA, Inc. v. Bagheritarie
Hrg on Mohamed Bagheri's, Party in Interest re Motion For Joinder As Additional Plaintiff under F.R.B.P. 7019 and 7020
(Cont. from 8/30/18)
Docket 29
In view of the rescheduled mediation, the Court will continue this matter to March 21, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Frank Bagheritarie Represented By Neil R Hedtke
Defendant(s):
Frank Bagheritarie Represented By Varand Gourjian
Plaintiff(s):
Zagros Horizons USA, Inc. Represented By Dina Farhat Paymon Bidari
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
9:00 AM
9:00 AM
Adv#: 6:16-01299 BioData Medical Laboratories, Inc. v. Merchant Cash & Capital, LLC.
PRE-TRIAL CONFERENCE re: Complaint by BioData Medical Laboratories, Inc. against Merchant Cash & Capital, LLC.. (Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(72 (Injunctive relief - other)),(91 (Declaratory judgment))
(Con't from 10/18/18)
Docket 1
- NONE LISTED -
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan
Defendant(s):
Merchant Cash & Capital, LLC. Pro Se
Plaintiff(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan
9:00 AM
Adv#: 6:17-01273 Havasu Lakeshore Investments v. Fleming, Jr et al
Hrg on Motion by Terry L. Fleming, Jr. and Havasu Landing, LLC for summary judgment or, in the alternative, partial summary judgment
Docket 39
APPEARANCES REQUIRED.
Defendants Terry L. Fleming, Jr. ("Junior") and Havasu Landing, LLC ("HL") move for summary judgment or, in the alternative, partial summary judgment (the "Motion") against plaintiff Havasu Lakeshore Investments, LLC ("HLI") in this adversary proceeding.
BACKGROUND FACTS
HLI obtained a jury verdict in the amount of $3,234,343 against Terry
L. Fleming, Sr. ("Senior") on January 21, 2015. On or about February 1, 2015 – less than two weeks later, in other words – Senior and Junior entered into a First Amended Operating Agreement of "Havasu Landing, LLC" (the "Operating Agreement"). Previously, Senior had owned 100 percent of HL. Pursuant to the Operating Agreement, Junior became obligated to make capital contributions to HL and received in exchange a 55 percent profits interest in HL. Senior’s profits’ interest in HL consequently declined from 100 percent to 45 percent.
In October and November 2015, Senior used approximately $2.6 million from his bank account to purchase cashier’s checks from JP Morgan Chase Bank and transferred these checks to a revocable trust whose trustee was his daughter, Patricia Wilson Fleming.
HLI brought an action in state court to set aside the transfer of a 55
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percent interest in HL to Junior on the ground that it was a fraudulent transfer under California law (the "State Court Action").
Senior filed a voluntary chapter 11 petition on November 15, 2017. HLI removed the State Court Action to this Court on December 12, 2017, commencing this adversary proceeding bearing case number 6:17-ap-01273- MW.
THE MOTION
The Motion argues that the transaction by which Junior became the holder of a 55 percent interest in HL and Senior’s interest therein declined from 100 percent to 45 percent is neither an intentional fraudulent transfer nor a constructive fraudulent transfer for the reasons set forth in the Motion, that there is no genuine dispute as to any material fact relating to these matters and that therefore Junior and HL are entitled to judgment in their favor as a matter of law pursuant to Federal Rule of Bankruptcy Procedure 7056. HLI opposes the Motion for the reasons stated in its Memorandum of Points and Authorities, Docket No. 43, filed November 15, 2018.
ANALYSIS – ACTUAL FRAUDULENT TRANSFER
Under California law in effect with respect to transfers occurring in 2015, a transfer made by a debtor is fraudulent as to a creditor if the debtor made the transfer with actual intent to hinder, delay or defraud any creditor of the debtor. Cal. Code Civ. Pro. § 3439.04(a)(1). Actual intent is a state of mind that cannot be directly perceived by anyone other than the debtor- transferor. However, a debtor’s actual intent can be found to exist by a court based upon inferences from known facts. In particular, the law looks to the presence or absence of "badges of fraud" and permits a court to infer the prohibited intent based upon the presence of these badges. Under California law, these "badges of fraud" include factors such as whether the transfer was made to an insider, whether the transfer was disclosed or concealed, whether the debtor had been sued before the transfer was made, whether the value of
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the consideration received by the debtor was reasonably equivalent to the value of the asset transferred, whether the debtor was insolvent or became insolvent shortly after the transfer was made and whether the transfer occurred shortly before or shortly after a substantial debt was incurred. Cal. Code Civ. Pro. § 3439.04(b).
HLI argues that a substantial number of badges of fraud are present here, and that the presence of these multiple badges of fraud precludes any grant of summary judgment in favor of Junior and HL. The Court agrees.
Actual intent is a question of fact, and the presence of multiple badges of fraud demonstrates that Junior and HL have failed to show that there is no genuine dispute as to Senior’s (or possibly, HL’s) actual intent with respect to the transfer (or issuance) of a 55 percent membership interest in HL to Junior. These badges of fraud are the following: the transfer was to Junior, an insider of Senior; Senior had been sued before the transfer was made; and the transfer occurred shortly after a substantial debt was incurred. To be sure, Junior and HL have counter-arguments relating to these badges of fraud, but in the context of a summary judgment the Court cannot weigh the evidence and determine which of the arguments and counter-arguments has greater validity. The Court’s role in this context is simply to determine whether a genuine dispute exists as to Senior’s (and possibly HL’s) actual intent, and it is very clear that a genuine dispute exists.
ANALYSIS – CONSTRUCTIVE FRAUDULENT TRANSFER
Under California law in effect with respect to transfers occurring in 2015, a transfer is constructively fraudulent if the debtor made the transfer without receiving a reasonably equivalent value in exchange for the transfer and if certain other conditions are met. Cal. Code Civ. Pro. 3439.04(a)(2). The Motion argues that reasonably equivalent value was received with respect to the transfer or issuance of a 55 percent interest in HL to Junior, and therefore no constructive fraudulent transfer occurred, and HL and Junior are entitled to summary judgment on the matter.
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For the reasons described below, the Court finds that HL and Junior on one hand, and HLI on the other hand, have all erroneously analyzed whether reasonably equivalent value was received in connection with the subject transfer.
The Court agrees with HLI that Senior, Junior and HL receive no pass on the fraudulent transfer issue merely because Junior received his 55 percent interest from HL instead of Senior. DZ Bank AG Deutsche Zentral- Genossenschaftsbank v. Meyer, 869 F.3d 839 (9th Cir. 2017). The relevant issue is whether Senior received reasonably equivalent value in exchange for the dilution of his membership interest in HL from 100 percent to 45 percent or, alternatively, whether HL received reasonably equivalent value for the issuance of a 55 percent interest to Junior in exchange for Junior’s contribution of cash, overhead and services. The Court does not rule at this point, but the Court is leaning in favor of HLI’s argument that the best analysis would be to focus on Senior’s receipt (or not) of reasonably equivalent value because that is of greater and more direct concern to creditors than whether HL received reasonably equivalent value.
The correct way to analyze whether Senior received reasonably equivalent value is through the use of what might be termed "before" and "after" snapshots of the value of Senior’s holdings in HL. As the Court sees it, Senior transferred (A) a 100 percent profits interest in HL (importantly, where HL did not yet have any commitment from Junior to contribute
$150,000 in cash, perform services for HL with no guaranteed pay for a period of 12 years and cover and/or provide overhead services for or to HL) in exchange for (B) a 45 percent profits interest in HL where HL had Junior’s capital contribution and capital contribution commitments available to it.
Junior’s and HL’s analysis of this issue is flawed because it is contradicted by their own evidence. Senior’s declaration in support of the Motion states that he is in his seventies, not in the best of health, weary and lacking the energy or desire to either manage HL or finish developing its
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property. If this is indeed the case, then HL had no functioning manager immediately before the transfer of a 55 percent interest to Junior, and there is no basis for valuing HL as a going concern at that point in time. HL’s properties were not going to develop or sell themselves – a functioning manager was required, and none existed. Unless the Court is missing something,¹ HL’s and Junior’s evidence ignores this reality and values HL as if a functioning manager still existed. For example, the declaration of Steve Calandra in support of the Motion indicates he performed a discounted sell- out analysis "which considers the aggregate retail value of the lots within Phases I, II and III, with consideration given to projected sell-out, additional revenues, holding costs, sales costs, and remaining infrastructure costs." But how would HL conduct retail sales, pay holding costs, sales costs, etc. if it had no functioning manager? The answer would seem to be that it could not, that a functioning manager was required, and that in the absence of such a manager either (a) a new manager would need to be hired, or (b) HL’s properties and its entire business would have to be sold wholesale. In either event, the value of Senior’s 100 percent interest would seem to be considerably lower than Mr. Calandra’s estimate, which incorrectly assumes a continuing business operation with a fully-functioning manager in place (which HL did not have until Junior was admitted as a member of HL).
It might perhaps be contended that Senior should not be permitted to (arguably) artificially reduce the value of HL by walking away from HL’s management, but the Court knows of no rule of law that would allow creditors to force a debtor into involuntary servitude to pay his creditors back. Indeed, the Thirteenth Amendment to the Constitution would prohibit such a law.
The parties’ analyses of the "after" snapshot of value would also seem to be flawed because they fail to take into account (1) the economic effect on HL’s value of Junior’s cash and non-cash contributions to HL, and (2) the provisions and effects of the Operating Agreement. For example, HL and Junior calculate the value of Senior’s after-transaction interest in HL by merely multiplying the pre-tax value of such interest ($2,585,497) by 45
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percent to arrive at $1,163,474. This is clearly erroneous unless it were shown that Junior’s capital contribution and future capital contribution commitments to HL were wholly worthless and did not move the needle even one dollar on the HL’s value – a position so extreme that even HLI does not argue for it. HLI’s approach to the issue is not well-articulated but seems to be based on comparing the reduction in the value of Senior’s holdings in HL to the fair market value of Junior’s capital contributions to HL. Like Mr.
Calandra, HLI’s expert Robert Detling seems to value HL as of the time immediately before Junior’s admission as a HL member based upon the assumption that HL had a functioning manager in place who would be in a position to sell Vista Del Lago’s 107 improved homesites at retail – an approach that ignores the absence of a functioning manager at that point in time and is erroneous for the reasons stated above. HLI’s approach to valuation is also materially flawed because it looks to what it believes HL would have to pay a manager on a current basis to replace the services Junior proposes to provide. This totally ignores the reality of the situation – Junior was not receiving any kind of a guaranteed payment from HL but instead was wholly dependent on the profits of HL to get paid for his work. The correct question to ask is what percentage of the profits HL would have to give to an independent third party manager to persuade such manager to work without pay for HL for 12 years, being dependent wholly on a share of the enterprises’s profits (and additionally, to come out of pocket to furnish the same type of overhead that Junior was agreeing to provide).
As serious as these issues are, they are dwarfed in importance by the failure of the parties to evaluate the effect of the Operating Agreement on the value of the HL pre- and post-transfer interests. For an understanding of this issue, some background is necessary.
Under section 704(b) of the Internal Revenue Code, allocations of partnership items of income, gain, loss, deduction or credit will be respected and given effect only if such allocations have "substantial economic effect." (The Court assumes here that HL is taxed as a partnership for federal income
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tax purposes, but this is almost always the case when an LLC is in the real estate business). The Internal Revenue Service issued Treasury Regulations under section 704(b) during the 1980s that spell out in great detail what is required for allocations to have substantial economic effect. Two of the requirements are that capital accounts must be maintained in accordance with tax accounting principles and that liquidating distributions must be made in accordance with, and in an amount equal to, the members’ ending capital account balances. These rules are augmented by Internal Revenue Code section 704(c), which generally requires existing built-in gain or loss at the time of the admission of a new member to be specially allocated to the old members.
The Operating Agreement generally observes and incorporates these rules. Operating Agreement numbered paragraphs 11, 13(c). The Treasury Regulations generally do not permit a member’s capital account to be increased by the amount of a promissory note at the time it is contributed to the entity (unless such promissory note is publicly traded), Treas. Regs. § 1.704-1(b)(2)(iv)(d)(2). Instead, the contributing partner gets capital account credit when he or she makes principal payments on the note. In the case of a contribution of services, there generally is no capital account credit at all.
However, if Junior is allocated HL profits, those allocated profits would increase his capital account.
The upshot of these rules is that Junior would receive immediate capital account credit only for the $150,000 in cash contributed by him to HL. He would receive additional capital account credit for HL overhead expenses covered by him at the time he paid or (possibly) accrued such expenses. He would also receive capital account credit when and if HL had profits and such profits were allocated to him.
Taking all of this together, there is a possibility² that if HL were liquidated shortly after Junior’s admission, he would be repaid his capital contribution of $150,000 (i.e., liquidating distributions paid in accordance with
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positive capital account balances) but would not receive anything beyond that. Senior, on the other hand, would have a capital account equal to the fair market value of all of HL’s property (not including any property or services contributed by Junior). If HL were liquidated shortly after Junior’s admission, Senior arguably would be entitled to receive a distribution of the entirety of this value (i.e., liquidating distributions paid in accordance with positive capital account balances). In summary, the Income Tax Regulations coupled with provisions of the Operating Agreement implementing and following those Regulations may well have created a situation where Senior retained the entirety of the value of what he contributed and parted only with 55 percent of the future appreciation of such property. (Any built-in gain existing in such property at the time of Junior’s admission is required by Internal Revenue Code section 704(c) to be allocated back to Senior). All that Junior may have received in this transaction in exchange for his agreement to contribute
$150,000 in cash, to work for HL for 12 years without pay and to fund certain HL overhead expenses is a 55 percent on-the-come interest in future HL profits (while also being exposed to 55 percent of HL’s losses which, if incurred, would reduce dollar-for-dollar any previous profits allocated to him).
ANALYSIS – CONSPIRACY COUNT
The conspiracy count remains intact because defendants HL and Junior have not shown themselves to be entitled to summary judgment on HLI’s intentional fraudulent transfer cause of action.
ANALYSIS – GOOD FAITH TRANSFEREE
The Court agrees with HLI that the timing of HL restructuring – less than two weeks after the verdict – when coupled with the fact that Junior is an insider of Senior raise a genuine dispute as to material fact (namely, whether Junior acted in good faith in obtaining his 55 percent profits interest in HL).
CONCLUSION
9:00 AM
For the foregoing reasons, the Motion is denied with prejudice as to
intentional fraudulent transfer, conspiracy and good faith transferee. The Motion is denied without prejudice as to constructive fraudulent transfer.
Endnotes:
¹ What is set forth herein are not affirmative findings but instead an expression of concern about the methodology used by the parties.
² As stated earlier, these comments in no way represent findings by the Court. They represent only the Court’s concerns about the correct form of analysis required to evaluate the issue of reasonably equivalent value.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Terry Lee Fleming Jr Represented By Michael B Reynolds
Patricia Wilson-Fleming Represented By Randall S Waier
Havasu Landing LLC Represented By Michael B Reynolds
Terry Lee Fleming Sr Represented By James E Till
Plaintiff(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 10/31/18 Between Debtor and Tokyo Century (USA) Inc., in the amount of $25,329.19
Re: 2010 Hino 268A
Docket 16
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Carlos Alberto Bertolino Represented By Marlin Branstetter
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 10/31/18 Between Debtor and Tokyo Century (USA) Inc., in the amount of $23,498.99
Re: 2011 Freightliner Bus Class M2 106
Docket 17
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Carlos Alberto Bertolino Represented By Marlin Branstetter
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 11/09/18 Between Debtor and Capital One Auto Finance, in the amount of $ 11,423.22
Re: 2015 Nissan Altima Sedan 4D S 14 VIN: 1N4AL3APOFC468882
Docket 12
The Court will disapprove the agreement as not in Debtors' best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Jeffrey Paul Bailey Represented By Michael E Clark
Joint Debtor(s):
Pattiann Theresa Bailey Represented By Michael E Clark
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg on approval of Reaffirmation Agreement filed 11-15-18 Between Debtor and American Honda Finance Corp., in the amount of $ 5,887.02
RE: 2014 Honda Accord
Docket 9
The Court will approve the agreement if Debtor is current, vehicle is insured and debtor is comfortable that all the payments can be made on time.
Debtor(s):
Indolfo Josue Banos Represented By Daniel King
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 11/07/18 Between Debtor and Toyota Motor Credit Corporation, in the amount of $ 24,116.37
Re: 2017 Toyota Prius, VIN: JTDKBRFU9H3052576
Docket 8
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Sakol Likhitnopakhun Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Bayview Loan Servicing LLC, As Servicer For The Bank Of New York Mellon FKA The Bank Of New York As Trustee For The Certificateholder Of The CWMBS Inc., CHL Mortgage Pass-Through Trust 2007-HYB1, Mortgage Pass-
Through Certificates, Series 2007-HYB1 - vs. DEBTOR (Motion filed 11/13/18)
[RE: 1311 West Marigold Avenue, La Habra, CA 90631]
[Tele. appr., Alexander K. Lee, repr., Bayview Loan Servicing, LLC]
Docket 59
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jay Mandel Fontenot Represented By Krystina T Tran
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
JPMorgan Chase Bank, N.A. vs. DEBTORS (Motion filed 11/8/18)
[RE: 2014 Nissan Maxima - VIN No.: 1N4AA5AP2EC465126]
[Tele. appr., Alexander K. Lee, repr., JPMorgan Chase Bank, National Association]
Docket 62
The Court will grant the motion under § 362(d)(1) and (d)(2) unless debtors are current by the hearing date.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Gerald Bennet Villaverde Represented By Christopher J Langley
Joint Debtor(s):
Melinda Emma Sutika Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
JPMorgan Chase Bank, N.A. vs. DEBTORS (Motion filed 10/31/18)
[RE: 2013 Hyundai Sonata - VIN No.: 5NPEB4AC4DH734892]
Docket 19
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael Miranda Represented By Christopher P Walker
Joint Debtor(s):
Sommer Miranda Represented By Christopher P Walker
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Lone Oak Fund LLC vs. DEBTOR (Motion filed 11/14/18)
[RE: 4721 Cortland Drive, Corona Del Mar, CA 92625]
Docket 20
No tentative ruling.
Debtor(s):
Mohammad Ali Kharazmi Represented By Leonard Pena
9:00 AM
Motion for relief from automatic stay [Personal Property]
Ally Financial Lease Trust vs. DEBTOR (Motion filed 11/14/18)
[RE: 2016 Maserati Ghibli - VIN NO.: ZAM57XSA3G1173804]
Docket 21
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mohammad Ali Kharazmi Represented By Leonard Pena
9:00 AM
Motion for relief from stay {Real Property]
Wells Fargo Bank, N.A. vs. DEBTOR (Motion filed 10/30/18)
[RE: 1508 Via Tulipan, San Clemente, CA, 92673]
Docket 9
No tentative ruling.
Debtor(s):
Linda Eileen Rose Represented By Derik N Lewis
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
The Arbors - Lake Forest Owner, LLC vs. DEBTOR (Motion filed 11/6/18)
[RE: 26356 Vintage Woods Road, #21K, Lake Forest, CA 92630]
Docket 9
- NONE LISTED -
Debtor(s):
Daniel Ater Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
Tony Nguyen and Linda Tran Family Trust Dated January 5, 2011 vs. DEBTORS
(Motion filed 11/7/18) (Amended filed 11/7/18)
[RE: 28032 Virgina Street, Mission Viejo, CA 92692]
Docket 18
- NONE LISTED -
Debtor(s):
Cary Clare Lenard Represented By Julie Nong
Joint Debtor(s):
Debbie L Lenard Represented By Julie Nong
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 11/9/18)
[RE: RICHARD A. MARSHACK - Chapter 7 Trustee] [Fees: $47,350.00; Expenses: $354.48]
[RE: MARSHACK HAYS LLP - Attorney For Chapter 7 Trustee] [Fees: $35,018.00; Expenses: $540.26]
[RE: HAHN FIFE & COMPANY LLP - Accountant For Trustee] [Fees: $4,746.00; Expenses: $416.40]
Docket 90
The Court will grant and allow:
Trustee's fees: $47,350.00 Trustee's expenses: $354.48 Marshack Hays fees: $35,018.00 Marshack Hays expenses: $540.26 Hahn Fife fees: $4,746.00
Hahn Fife expenses: $416.40
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Kitcha Ranch Represented By Bruce D White
2:00 PM
Joint Debtor(s):
Sana Ranch Represented By
Bruce D White
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays David Wood
2:00 PM
CONT'D Hearing RE: Motion By United States Trustee To Dismiss Case Pursuant To 11 U.S.C. Section 1112(b); Request For Judgment For Any Quarterly Fees Due And Payable To The U.S. Trustee At The Time Of The Hearing
(Motion filed 9/25/18) FR: 10-22-18
Docket 29
The Court will grant the motion and dismiss the action or convert it to Chapter 7. Grant judgment to UST for unpaid quarterly fees.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
WCR Development Company LLC Represented By
Robert P Goe Michael J Hauser
2:00 PM
Hrg. on Motion to File Under Seal (OST signed 12/3/18)
Docket 2456
APPEARANCES REQUIRED.
The Court appreciates the parties’ work in briefing the relevant issues and, particularly, the supplemental briefs the Court had requested.
The Court will hear the parties’ arguments and set a date and time for an in camera hearing at which the Court will review an exact copy of the pleading sought to be filed under seal and rule on the matter, either at the hearing or after the Court has taken the matter under submission.
Debtor(s):
Empire Land, LLC Represented By James Stang Robert M Saunders Michael I Gottfried
------ O'melveny & Myers Dean A Ziehl
Jonathan A Loeb P Sabin Willett
Richard K Diamond (TR) Jeffrey Rosenfeld
2:00 PM
Trustee(s):
Richard K Diamond (TR) Represented By Michael I Gottfried
Richard S Berger - SUSPENDED - Rodger M Landau
Richard K Diamond Peter M Bransten Aleksandra Zimonjic Monica Rieder
Lisa N Nobles Peter J Gurfein Paul Hastings Roye Zur Amy Evans
Best Best & Krieger Franklin C Adams Thomas J Eastmond
9:00 AM
Adv#: 8:16-01261 Farmers & Merchants Bank Of Long Beach v. Newman et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt
[11 U.S.C. Sections 523(a)(2)(A) and 523(a)(4)]
(Complaint filed 12/14/16) (PTC set at S/C held 2/8/17)
FR: 2-8-17; 10-18-17; 2-28-18
Docket 1
- NONE LISTED -
Debtor(s):
Leonard Newman Represented By Darvy M Cohan
Defendant(s):
Leonard Newman Pro Se
Chrisy Anne Newman Pro Se
Joint Debtor(s):
Chrisy Anne Newman Represented By Darvy M Cohan
Plaintiff(s):
Farmers & Merchants Bank Of Long Represented By
Ronald Appel
9:00 AM
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
CONT'D Hearing RE: Motion For Order to Show Cause Pursuant to Local Bankruptcy Rule 9020-1 Why the Baeks Should Not Be Held in Contempt for Willfully Violating the Automatic Stay and Court Order and Sanctioned Pursuant to 11 U.S.C. Section 105
(Motion filed 5/29/18)
(Set per Order Entered 8-31-18) FR: 10-22-18
Docket 282
The Court will continue almost all Halvorson matters, including this matter, as a status conference only (i.e., no motion will be heard on the continued hearing date) to January 29, 2019 at 2:00 p.m.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:15-01391 Baek et al v. Halvorson et al
CONT'D Hearing RE: Motion For (1) Sanctions Against Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC, Grace Baek, And Their Attorneys Of Record, Corey Tolliver, And Christopher Coyle For Failure To Participate In Court Ordered Mediation In Good Faith; And (2) Order Revoking Pro Hac Vice Admissions Of Attorneys Christopher Coyle And Corey Tolliver (Docket No.
[61] in 8:15-ap-01391, Docket No. [41] in 8:15-ap-01454) And Motion To Lift The Stay Imposed On June 29, 2016 (Docket No. [76] in 8:15-ap-01391, Docket No. [58] in 8:15-ap-01454)
(Order setting hearing Entered 11/22/17) FR: 2-28-18; 4-11-18; 6-13-19; 10-17-18
Docket 61
The Court will continue almost all Halvorson matters, including this matter, as a status conference only (i.e., no motion will be heard on the continued hearing date) to January 29, 2019 at 2:00 p.m.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
John O. Halvorson Represented By Marc C Forsythe Charity J Miller
9:00 AM
Dan L. Halvorson Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Miller
Jerry Ann Randall Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Miller
PCC Fund I, LLC Pro Se
Granite Bay Partners II, LLC Pro Se
JH RE Holdings, LLC Pro Se Commercial Income Advisors, Inc. Pro Se
Plaintiff(s):
Richard Baek Represented By Reem J Bello Ali Matin
Steven J. Katzman Kyle Kveton
Pacific Commercial Group, LLC Represented By
Reem J Bello Kyle Kveton Steven J. Katzman
9:00 AM
Ali Matin
Baek 153, LLP Represented By Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
Weneta M. Kosmala Pro Se
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:15-01391 Baek et al v. Halvorson et al
CONT'D Hearing RE: Motion (1) For Stay Relief To The Extent Necessary And
(2) To Vacate All Orders And Dismiss Action PUrsuant To FRCP 12(b)(1) For Lack Of Subject Matter Jursidiction
(Motion filed 8/31/18) FR: 10-15-18
Docket 298
The Court will continue almost all Halvorson matters, including this matter, as a status conference only (i.e., no motion will be heard on the continued hearing date) to January 29, 2019 at 2:00 p.m.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee
Defendant(s):
John O. Halvorson Represented By Marc C Forsythe Charity J Manee
Dan L. Halvorson Represented By Guillermo Cabrera Christopher Celentino
9:00 AM
Peter W Bowie Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Manee
Jerry Ann Randall Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Manee
PCC Fund I, LLC Pro Se
Granite Bay Partners II, LLC Pro Se
JH RE Holdings, LLC Pro Se Commercial Income Advisors, Inc. Pro Se
Plaintiff(s):
Richard Baek Represented By Reem J Bello Ali Matin
Steven J. Katzman Kyle Kveton
Pacific Commercial Group, LLC Represented By
Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
Baek 153, LLP Represented By Reem J Bello
9:00 AM
Kyle Kveton Steven J. Katzman Ali Matin
Weneta M. Kosmala Pro Se
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:15-01391 Baek et al v. Halvorson et al
CONT'D STATUS CONFERENCE Hearing
(Set per Order Staying Memorandum Decision And Order After Bifurcated Trial On Unclean Hands Entered on 2/20/18)
FR: 2-28-18; 4-25-18; 9-5-18; 10-17-18
Docket 1
The Court will continue almost all Halvorson matters, including this matter, as a status conference only (i.e., no motion will be heard on the continued hearing date) to January 29, 2019 at 2:00 p.m.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
John O. Halvorson Represented By Marc C Forsythe Charity J Miller
Dan L. Halvorson Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello
9:00 AM
Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Miller
Jerry Ann Randall Represented By Guillermo Cabrera Christopher Celentino Peter W Bowie
Reem J Bello Marc C Forsythe Steven J. Katzman Kyle Kveton Charity J Miller
PCC Fund I, LLC Pro Se
Granite Bay Partners II, LLC Pro Se
JH RE Holdings, LLC Pro Se Commercial Income Advisors, Inc. Pro Se
Plaintiff(s):
Richard Baek Represented By Reem J Bello Ali Matin
Steven J. Katzman Kyle Kveton
Pacific Commercial Group, LLC Represented By
Reem J Bello Kyle Kveton Steven J. Katzman Ali Matin
Baek 153, LLP Represented By Reem J Bello Kyle Kveton Steven J. Katzman
9:00 AM
Ali Matin
Weneta M. Kosmala Pro Se
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:15-01454 Baek v. Halvorson et al
CONT'D Hearing RE: Motion For (1) Sanctions Against Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC, Grace Baek, And Their Attorneys Of Record, Corey Tolliver, And Christopher Coyle For Failure To Participate In Court Ordered Mediation In Good Faith; And (2) Order Revoking Pro Hac Vice Admissions Of Attorneys Christopher Coyle And Corey Tolliver (Docket No.
[61] in 8:15-ap-01391, Docket No. [41] in 8:15-ap-01454) And Motion To Lift The Stay Imposed On June 29, 2016 (Docket No. [76] in 8:15-ap-01391, Docket No. [58] in 8:15-ap-01454)
(Order setting hearing Entered 11/22/17) FR: 2-28-18; 4-11-18; 6-13-18; 10-17-18
Docket 41
The Court will continue almost all Halvorson matters, including this matter, as a status conference only (i.e., no motion will be heard on the continued hearing date) to January 29, 2019 at 2:00 p.m.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
John Olaf Halvorson Represented By Charity J Miller
9:00 AM
Marc C Forsythe
Weneta M.A. Kosmala Represented By Reem J Bello
Plaintiff(s):
Grace Baek Represented By
Ali Matin
Steven J. Katzman Kyle Kveton
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:15-01454 Baek v. Halvorson et al
CONT'D STATUS CONFERENCE Hearing
(Set per Order Staying Memorandum Decision And Order After Bifurcated Trial On Unclean Hands Entered on 2/20/18)
FR: 2-28-18; 4-25-18; 9-5-18; 10-17-18
Docket 1
The Court will continue almost all Halvorson matters, including this matter, as a status conference only (i.e., no motion will be heard on the continued hearing date) to January 29, 2019 at 2:00 p.m.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
John Olaf Halvorson Represented By Charity J Miller Marc C Forsythe
Weneta M.A. Kosmala Represented By Reem J Bello
Plaintiff(s):
Grace Baek Represented By
9:00 AM
Trustee(s):
Ali Matin
Steven J. Katzman Kyle Kveton
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:17-01120 Kosmala v. Hoosten et al
CONT'D STATUS CONFERENCE RE: Complaint:
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 548(a)(1)(B) And 550;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 548(a)(1)(B) And 550;
For Breach Of Contract;
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 548(a)(1)(A), 548(a)(1)(B) And 550;
To Avoid And Recover Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550;
For Resulting Trust;
For Constructive Trust;
To Preserve Transfers For The Benefit Of The Estate Pursuant To 11
U.S.C. Section 551; And
For Attorneys' Fees And Costs (set per order entered 3-2-18)
FR: 4-25-18; 7-25-18; 11-14-18
Docket 1
The Court will continue the status conference to April 17, 2019 at 9:00 a.m. to permit the parties to proceed with mediation. A mediation stipulation shall be filed and an order thereon lodged on or before January 31, 2019.
COURT TO PREPARE ORDER.
9:00 AM
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
David Hoosten Pro Se
PCC Fund 1, LLC Pro Se
Rod Van Zandt Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Reem J Bello
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:17-01120 Kosmala v. Hoosten et al
Hearing RE: Defendant's Motion To Dismiss The Adversary Complaint (Motion filed 11/20/18)
Docket 33
The Court will deny the motion with prejudice on the ground that the motion is untimely under Federal Rule of Bankruptcy Procedure 7012(b) and Federal Rule of Civil Procedure 12(b), which require a motion dismiss be filed before an answer is filed. Movant filed an answer on October 16, 2017.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee
Defendant(s):
David Hoosten Pro Se
PCC Fund 1, LLC Pro Se
Rod Van Zandt Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Reem J Bello
9:00 AM
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Adv#: 8:17-01012 Official Committee of Unsecured Creditors of Freed v. Kushner et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
For Damages;
To Avoid Fraudulent Transfers Pursuant To 11 U.S.C. Section 548(a)(1)(B);
And
To Avoid Fraudulent Transfers Pursuant To 11 U.S.C. Section 544 And California Civil Code Sections 3439.04, 3439.05 And 3439.07; And
Jury Trial Demand (Complaint filed 1/26/17)
FR: 4-19-17; 6-21-17; 8-2-17; 12-13-17; 2-7-18; 2-5-18
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Aaron Kushner Pro Se
Eric Spitz Pro Se
9:00 AM
Richard J. Covelli Pro Se
Traci M. Christian Pro Se
Larry P. Chinn Pro Se
C & C Marketing LLC Pro Se
C2 Advisors, LLC Pro Se
Etaros Actuarial Services LLC Pro Se
Financial Institution Consulting Pro Se
JTR, LLC Pro Se
Plaintiff(s):
Official Committee of Unsecured Represented By
Alan J Kornfeld
9:00 AM
Adv#: 8:17-01167 Official Committee Of Unsecured Creditors v. Ink Systems, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17)
FR: 2-28-18 at 9:00 a.m.; 2-28-18; 4-4-18
[Tele. appr., Shadi Farzan, repr., Ink Systems]
Docket 1
The Court will continue this status conference to March 27, 2019 at 9:00 a.m. to permit finalization of settlement.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
9:00 AM
Defendant(s):
Ink Systems, Inc. Represented By Theodore A Cohen
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01201 Official Committee Of Unsecured Creditors v. Advantage Mailing, LLC
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 4-4-18
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Advantage Mailing, LLC Represented By Michael B Reynolds
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01204 Official Committee Of Unsecured Creditors v. Press-One Customer Care,
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 4-4-18
Docket 1
The Court will continue this status conference to March 27, 2019 at 9:00 a.m. to allow mediation to proceed. The parties shall file a mediation stipulation and lodge an order thereon on or before January 15, 2019.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Press-One Customer Care, Inc. Represented By
9:00 AM
Scott A Schiff
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01205 Official Committee Of Unsecured Creditors v. Goodwill Industries of
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 4-4-18
Docket 1
The Court approves the mediation stipulation and continues this status conference to March 27, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Goodwill Industries of Orange Represented By Donald W Sieveke
9:00 AM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01206 Official Committee Of Unsecured Creditors v. Turn-Key Solutions, Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 4-4-18
Docket 1
The Court will continue this status conference to March 27, 2019 at 9:00 a.m. to permit settlement documents to be finalized.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Turn-Key Solutions, Inc. Represented By
Kristofer R McDonald
9:00 AM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01209 Official Committee Of Unsecured Creditors v. Case Paper Co., Inc.
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 4-4-18
Docket 1
The Court will continue this status conference to March 27, 2019 at 9:00 a.m. to permit settlement negotations to go forward.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Case Paper Co., Inc. Pro Se
9:00 AM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01210 Official Committee Of Unsecured Creditors v. McGrann Paper Corporation
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 4-4-18
Docket 1
NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
McGrann Paper Corporation Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01213 Official Committee Of Unsecured Creditors v. United Information Services,
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17)
FR: 4-4-18
[Tele. appr., David B. Golubchik, repr., United Information Service, Inc.]
Docket 1
The Court will continue this status conference to March 27, 2019 at 9:00 a.m. to permit settlement negotiations to go forward.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
United Information Services, Inc. Represented By
9:00 AM
David B Golubchik
Sourcehov LLC Represented By David B Golubchik
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:16-01147 Vohne Liche Kennels, Inc. et al v. Murphy et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Nondischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2)(A), And (a)(6) And 727(a)(3), (a)(4), (a)(5) And (a)(7)
Complaint filed 6/7/16)
(S/C set per Order Entered 6-23-17 - Docket No. [39]) FR: 8-24-16; 2-13-17; 9-20-17, 12-6-17, 7-11-18
Docket 1
NONE LISTED -
Debtor(s):
William John Murphy Represented By
D Edward Hays
Defendant(s):
William John Murphy Represented By
D Edward Hays
Cheryl Lynn Murphy Represented By
D Edward Hays
Joint Debtor(s):
Cheryl Lynn Murphy Represented By
D Edward Hays
Plaintiff(s):
Vohne Liche Kennels, Inc. Represented By
9:00 AM
Neal Salisian Ashleigh A Danker
VLK Risk Consultants, Inc. Represented By Ashleigh A Danker Neal Salisian
Trustee(s):
Jeffrey I Golden (TR) Represented By Jason Balitzer
9:00 AM
Adv#: 8:18-01002 Kosmala v. Savannah Corp. et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance Of Fraudulent Transfers (11 U.S.C. Section 548, And/Or Section 544); Avoidance Of Preferential Transfers (11 U.S.C. Section 547); And Conversion
(Complaint filed 1/5/18)
(Another Summons issued 3/8/18) FR: 3-28-18; 5-30-18
Docket 1
NONE LISTED -
Debtor(s):
C & W Murphy and Associates, Inc. Represented By
D Edward Hays
Defendant(s):
Savannah Corp. Pro Se
The Olivia Group Pro Se
Reagan Industries, Inc. Pro Se William J Murphy and Cheryl Lynn Pro Se Cristen Durham Pro Se
Jacquelyn Murphy Romero Pro Se
Brandon Durham Pro Se
Margaret Murphy Pro Se
9:00 AM
Plaintiff(s):
Weneta M.A. Kosmala Represented By Erin P Moriarty
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
9:00 AM
Adv#: 8:18-01003 Kosmala v. Infinity Builders, Inc. et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance Of Fraudulent Transfers (11 U.S.C. Section 548, And/Or Section 544) And/Or Preferential Transfers (11 U.S.C. Section 547)
(Complaint filed 1/5/18)
(Another Summons issued 3/8/18) FR: 3-8-18; 5-30-18; 7-25-18
Docket 1
NONE LISTED -
Debtor(s):
C & W Murphy and Associates, Inc. Represented By
D Edward Hays
Defendant(s):
Infinity Builders, Inc. Pro Se
Ashley N. Belthius Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Erin P Moriarty
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
9:00 AM
Adv#: 8:18-01004 Kosmala v. First Farmers Bank & Truste Co. et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Declaratory Relief; Avoidance Of Lien (11 U.S.C. Section 544, And/Or Section 548); Accounting; And Objection To Claim (11 U.S.C. Section 502)
(Complaint filed 1/5/18)
(Another Summons issued 5/8/18) FR: 5=30-18; 7-25-18
Docket 1
NONE LISTED -
Debtor(s):
C & W Murphy and Associates, Inc. Represented By
D Edward Hays
Defendant(s):
First Farmers Bank & Truste Co. Pro Se
Vohne Liche Kennels, Inc. Pro Se
VLK Risk Consultants, Inc. Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Erin P Moriarty
9:00 AM
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 12/27/16)
FR: 3-8-17; 8-2-17; 11-29-17; 3-28-18; 8-8-18
Docket 0
The Court will continue the status conference to January 30, 2019 at 9:00 a.m. No updated status report is required.
COURT TO PREPARE ORDER.
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 5/2/17)
FR: 7-5-17; 11-15-17; 3-7-18; 6-13-18; 10-24-18
Docket 0
NONE LISTED -
Debtor(s):
Dean Lavar Corbin Represented By Michael Jones
Joint Debtor(s):
Lianne Corbin Represented By Michael Jones
9:00 AM
Hearing RE: Confirmation Of First Amended Chapter 11 Plan Of Reorganization (Confirmation hearing set at D.S. hearing held 10/24/18)
Docket 146
NONE LISTED -
Debtor(s):
Mohdsameer Aljanedi Dental Represented By Andy C Warshaw
Richard L. Sturdevant
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/15/17)
FR: 12-20-17; 3-7-18; 5-30-18; 9-12-18; 10-24-18 at 9:00 a.m.; 10-24-18
Docket 1
NONE LISTED -
Debtor(s):
Mohdsameer Aljanedi Dental Represented By Andy C Warshaw
Richard L. Sturdevant
9:00 AM
Adv#: 8:18-01029 BMB Auto, LLC v. Balthasar
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2)(A) And 523(a)(2)(B)
(Complaint filed 2/6/18) FR: 4-25-18
Docket 1
NONE LISTED -
Debtor(s):
Jason Andrew Balthasar Represented By Kevin Tang
Defendant(s):
Jason Andrew Balthasar Represented By
D Edward Hays
Plaintiff(s):
BMB Auto, LLC Represented By
Randall P Mroczynski
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 1/3/18)
FR: 3-7-18, 7-11-18; 10-24-18;11-14-18
Docket 1
The Court will inquire into compliane with U.S. Trustee guidelines and requirements. The Court will extend the deadline for filing a plan and disclosure statement to April 30, 2019 and the deadline for confirming a chapter 11 plan to July 31, 2019. This is likely to be the final deadline extension.
Next status conference: May 8, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Fred Asafu-Adjaye Represented By Kevin Tang
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Kevin Tang
9:00 AM
Adv#: 8:18-01174 Chappell et al v. Chappell et al
STATUS CONFERENCE Hearing RE: Adversary Complaint To:
Determine Non-Dischargeability Of Debt Pursuant To Section 523(a)(2), and (a)(6);
Objection To Discharge Pursuant to 11 U.S.C. Section 727(a)(2) and (a)(4) (Complaint filed 9/12/18)
Docket 1
Based upon the parties' request, the Court will order this adversary proceeding into mediation. The parties shall file a mediation stipulation and lodge an order thereon on or before January 31, 2019.
Next status conference: April 17, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Scott Lawrence Chappell Represented By Stephen E Olear
Defendant(s):
Scott Lawrence Chappell Pro Se
Alicia Woolsey Pro Se
Joint Debtor(s):
Alicia Woolsey Represented By Stephen E Olear
9:00 AM
Plaintiff(s):
William Chappell Represented By Stephen A Madoni
Russell Chappell Represented By Stephen A Madoni
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 Case (Petition filed 9/24/18)
Docket 1
- NONE LISTED -
Debtor(s):
Mohammad Ali Kharazmi Represented By Leonard Pena
10:00 AM
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 9/6/18) (Opposition filed 9/20/18) FR: 11-16-18
Docket 84
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Bette Mae Doremus Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 14
- NONE LISTED -
Debtor(s):
Stanley Chicheng Wu Represented By Maria W Tam
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Edward Nelson Hernandez Represented By Kevin Tang
Joint Debtor(s):
Sharon Susan Hernandez Represented By Kevin Tang
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
[Tele. appr., Jason A. Savlov, repr., Lakeside Park]
Docket 20
- NONE LISTED -
Debtor(s):
Lovert B. Hogai Represented By Matthew D. Resnik
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Manuel Figueroa Represented By Andrew Moher
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Antoinette Mae Canete Espanol Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
[Tele. appr., Alexander K. Lee, repr., U.S. Bank National Association]
Docket 20
- NONE LISTED -
Debtor(s):
David Shomaker Represented By Ashishkumar Patel
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 12
Hearing RE: Confirmation Of Chapter 13 Plan
Debtor(s):
Thu Thuy Thi Nguyen Represented By Michael Jay Berger
Movant(s):
Thu Thuy Thi Nguyen Represented By Michael Jay Berger
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Carl J. Strasky III Represented By Christine A Kingston
Joint Debtor(s):
Cynthia D. Strasky Represented By Christine A Kingston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan (Reset from 10-24-18)
FR: 10-24-18
Docket 0
- NONE LISTED -
Debtor(s):
Shakeel Ahmed Represented By Bahram Madaen
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Sherman George Davis Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
PhuDung Le Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Emmanuel Viramontes Barrios Represented By James F Drake
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Twyla Renee Channel Represented By Kahlil J McAlpin
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
CONT'D Hearing RE: Motion To Vacate Order Dismissing Bankruptcy Case (Set per Order Entered 10/31/18)
FR: 11-16-18
Docket 13
- NONE LISTED -
Debtor(s):
Juana Pierda Mondragon Represented By Bryn C Deb
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for Relief from Stay [Real Property]
Crosswind Capital, Inc. vs. DEBTOR
(Motion filed 12/6/18) (Amended Motion filed 12/7/18)
[RE: 6 James Cove Road, Edgartown, MA 02539]
Docket 200
No tentative ruling.
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
9:00 AM
Motion for Relief from Stay [Real Property]
Crosswind Capital, Inc. vs. DEBTOR
(Motion filed 12/6/18) (Amended Motion filed 12/7/18)
[RE: 9225 Inglewood Drive, Potomac, MD 20854]
Docket 201
No tentative ruling.
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
9:00 AM
Motion for Relief from Stay [Real Property]
Crosswind Capital, Inc. vs. DEBTOR
(Motion filed 12/6/18) (Amended Motion filed 12/7/18)
[RE: 9227 Inglewood Drive, Potomac, MD 20854]
Docket 202
No tentative ruling.
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
9:00 AM
CONT'D Motion for relief from stay [Real Property]
JPMorgan Chase Bank, National Association vs. DEBTOR (Motion filed 8/31/18)
[RE: 1240 E Banyan Avenue, Anaheim CA 92805 ]
FR: 10-15-18; 11-19-18; 11-26-18
Docket 44
The Court will grant the motion under 11 U.S.C. § 362(d)(1) unless all arrearages are fully cured at least one day before the hearing.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Artemio Uriostegui Sagal Represented By Luis G Torres
Joint Debtor(s):
Elidia Garcia Sagal Represented By Luis G Torres
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
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 2007-12 - vs. DEBTORS
(Motion filed 10/8/18)
[RE: 566 Traverse Drive Costa Mesa, California 92626]
FR: 11-19-18; 11-26-18
Docket 53
The Court will take judicial notice of Debtor's serial filings, grant the motion under § 362(d)(1) and (d)(4), terminate any co-debtor stay and, in addition, will grant (d)(4) relief under numbered paragraph 9 upon the recording of a copy of this order.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Gerald Bennet Villaverde Represented By Christopher J Langley
Joint Debtor(s):
Melinda Emma Sutika Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Cashmere Valley Bank vs. DEBTOR (Motion filed 11/20/18)
[RE: Two 2018 Isuzu FTR Trucks With 30' Body]
[VIN No. : 54DK6S166JSG00161 And VIN No.: 54DK6S168JSG00162]
Docket 9
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Pacific Foods, Inc. Represented By
Edmond Richard McGuire
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
Hearing RE: Objection to Claim:
(Motion filed
Claim No. 8 DefensTech International, Inc. $ To Be Determined
Docket 263
The Court will grant the motion, sustain the objection and disallow Claim No. 8 DefensTech International, Inc. in its entirety.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
C & W Murphy and Associates, Inc. Represented By
D Edward Hays
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
2:00 PM
Adv#: 8:17-01090 Lam v. Phung
Hearing RE: Defendant's Motion For Summary Judgment Against Plaintiff On Plaintiff's Complaint, Or In The Alternative For An Order Limiting The Potential Nondischargeability To No More Than $55,000
(Motion filed 11/4/18)
Docket 25
- NONE LISTED -
Debtor(s):
Sen Hieu Phung Represented By Jeffrey J Hagen Daniel M Clauss
Defendant(s):
Sen Hieu Phung Represented By Michael Jones
Plaintiff(s):
Elaine Lam Represented By
Jai H Kim
Trustee(s):
Jeffrey I Golden (TR) Represented By Jeffrey I Golden
9:00 AM
Robertson, Anschutz & Schneid, P.L. - movant attorney Motion for Relief from Stay
Reverse Mortgage Solutions, Inc. vs. DEBTOR (Motion filed 11/14/18)
Re: 474 S Eastern Avenue, Los Angeles, CA 90022
Docket 30
No tentative ruling.
Debtor(s):
Ruben Valdivia Pro Se
Trustee(s):
Larry D Simons (TR) Represented By Frank X Ruggier
9:00 AM
The Law Offices of Jason C. Tatman, A.P.C. - movant attorney Motion for Relief from Stay
VW Credit Inc. vs. DEBTORS (Motion filed 11/13/18)
Re: 2016 VOLKSWAGEN JETTA SEDAN
Docket 27
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Rian James Gorden Represented By Thomas Shanner
Joint Debtor(s):
Shelly Anne Gorden Represented By Thomas Shanner
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTORS, Karl Anderson, trustee (Motion filed 11/9/18)
Re: 2006 Hummer H3, VIN: 5GTDN136968208390
Docket 9
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Pablo Antonio Romero Represented By Daniel King
Joint Debtor(s):
Deanna M Romero Represented By Daniel King
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTORS, Karl T. Anderson, trustee (Motion filed 11/19/18)
Re: 2011 GMC Terrain, VIN: 2CTALUEC4B6360974
Docket 12
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Pablo Antonio Romero Represented By Daniel King
Joint Debtor(s):
Deanna M Romero Represented By Daniel King
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Ferns, Adams & Associates - movant attorney Motion for Relief from Stay
Pawnee Leasing Corporation vs. DEBTOR (Motion filed 11/27/18)
Re: 2010 FREIGHTLINER DS, VIN#1FUJGHCV3ALAN4507
Docket 7
The Court will grant the motion under 11 U.S.C. § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Salvador Cortez Represented By Neil R Hedtke
Joint Debtor(s):
Clara R Cortez Represented By Neil R Hedtke
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
Hrg. on trustee's final report; applications for compensation
Docket 0
The Court will grant and approve:
Trustee's fees: $1,726.15 Trustee's expenses: $0
Sulmeyer Kupetz fees: $5,652.00 Sulmeyer Kupetz expenses: $146.33 Grobstein Teeple fees: $1,000
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Billy Zachery Earley Represented By
Yves-Georges Joseph
Trustee(s):
Howard B Grobstein (TR) Represented By Elissa Miller
2:00 PM
McCarthy & Holthus, LLP - movant's attorney Motion for Relief from Stay
Finance of America Reverse LLC vs. Debtor (Motion filed 10/18/2017)
RE: 225 Birchwood Drive, Lake Arrowhead, CA 92352 (Cont. from 11/27/18)
(2:00 p.m. time approved by Chambers)
Docket 12
The Court will inquire whether its anticipated granting of the Trustee's motion of 11/27/18, relating to the same subject property (225 Birchwood Drive in Lake Arrowhead), renders this 10/18/17 motion moot.
Debtor(s):
Douglas Craig Woodard Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
Hrg on Chapter 7 Trustee Motion for order; (1) Approving the Sale of Real Property and Personal Property of the Estate Free and Clear of Certain Liens Pursuant to Bankruptcy Code §§ 363(b)(1) and (f), Subject to Overbids, Combined With Notice of Bidding Procedures and Request for Approval of the Bidding Procedures Utilized; (2) Approving Payment of Real Estate Commission and Other Costs; and (3) Granting Related Relief
Docket 94
The Court will grant the motion and inquire whether there are any overbidders.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Douglas Craig Woodard Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
Hrg. on First Interim Application of Bosley Till LLP, Counsel to Debtor and Debtor-in-Possession, for Compensation for James E Till, Debtor's Attorney, Period: 11/15/2017 to 8/31/2018, Fee: $364,007.75, Expenses: $4,236.62.
Docket 229
The UST’s Objection
The Court regards some of the UST’s "lumping" objections as well-founded. Time spent on telephone conferences and preparing correspondence should not be lumped with other types of work, such as writing a brief. On the other hand, the Court does not regard a reference to "follow up" in a fee statement as laying the ground for a successful lumping objection. "Follow-up" is part of the original work done. The Court will sustain in part and overrule in part the UST’s objections to the items set forth in Exhibit A to Mr. Green’s declaration.
Regarding Exhibit B to Mr. Green’s declaration, these entries refer to work performed by paralegal Martha Araki. The Court agrees with the U. S. Trustee’s Office that certain of the fees itemized on Exhibit B (totaling $3,507) should be disallowed as representing unbillable clerical work. Most of the work was essentially the type of work that in the past was performed by legal secretaries, and such work traditionally is not billed to clients. Having the work done by a paralegal instead of a legal secretary does not make it billable. However, the Court recognizes that finalization of documents can be a legal task and therefore sets the disallowance amount at
$2,363.00.
HLI’s Objection
2:00 PM
The Court previously determined that HLI is adequately protected. This remains the law of the case. The Court agrees that HLI’s rights to object to a final fee application are preserved and also that fee amounts previously awarded through an interim fee application can be required to be disgorged in connection with a final fee application.
Summary
The Court will disallow $2,637 in fees with respect to the items on Exhibit A and
$2,363 in fees with respect to the items on Exhibit B, for a total disallowance of
$5,000. The other requested fees and expenses are allowed on an interim basis.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
Hrg. on Application for Compensation First Interim Application By Resnik Hayes Moradi Llp, General Bankruptcy Counsel For The Debtors, For Allowance Of Fees And Reimbursement Of Costs For The Period April 12, 2018 Through November 12, 2018
Docket 152
The Court will grant the application and allow on an interim basis:
Fees: $35,734.75
Costs: $346.85
Payment (less the $5,000 retainer) is approved.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Deontay Daymont Potter Represented By
M. Jonathan Hayes
Joint Debtor(s):
Joy Shaun Potter Represented By
M. Jonathan Hayes
2:00 PM
Hrg on Trustee's Final Report and Applications for Compensation
Docket 24
The Court will grant and allow:
Trustee's fees: $553.98 Trustee's expenses: $27.20
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sara Rey Hutson Represented By Ignazio Ficara
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Hrg on Debtor in Possession Motion for Approval of Disclosure Statement
Docket 86
The Court will approve the disclosure statement.
The deadline for filing and serving the plan, disclosure statement and ballots is January 4, 2019. Ballots and objections to plan confirmation are due February 8, 2019. Responses to objections and a plan confirmation memorandum are due February 22, 2019.
The plan confirmation hearing is set for March 14, 2019 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
Sunpro Solar Inc. Represented By
Robert B Rosenstein
2:00 PM
Hrg. on Chapter 7 Trustee's Motion for Order (1) Authorizing the Sale of Real Property of the Estate Pursuant to Bankruptcy Code § 363(b), Subject to Overbids, Combined With Notice of the Bidding Procedures and Request for Approval of the Bidding Procedures Utilized; (2) Approving Payment of Real Estate Commission and Other Costs; and (3) Granting Related Relief
Docket 40
The Court will inquire whether there are overbidders. If so, minimum bid increments will be $2,000.
The Court will grant the motion, conditioned upon full payment of Wells Fargo's lien amount on the escrow closing date.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
WILLIAM LOUIS BRYAN III Represented By Brian J Soo-Hoo
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Adv#: 8:17-01176 Official Committee Of Unsecured Creditors v. Southern Lithoplate, Inc.
PRETRIAL CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) (set at s/c held 2-28-18) FR: 2-28-18; 10-24-18
Docket 1
The Court will continue this matter to March 27, 2019 at 9:00 a.m. to permit perparation and filing of settlement documentation.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
9:00 AM
Southern Lithoplate, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:17-01180 Official Committee Of Unsecured Creditors v. Staffmark Investment LLC
Hearing RE: Defendant Staffmark Investment, LLC's Motion For Summary Judgment
(Motion filed 11/7/18)
Docket 24
The presence of genuine issues of material fact precludes the Court from granting summary judgment in favor of defendant Staffmark Investment LLC ("Staffmark") as to the ordinary course of business defense.
Staffmark bases its ordinary-course-of-business defense under 11 U.S.C. § 547(c)(2) upon a mathematical analysis of the time it took Debtors to pay Staffmark invoices during a base period (two years prior to the beginning of the 90 day preference period) and the preference period. This analysis is supported by the Affidavit of Thomas Jurman (the "Jurman Declaration"). The average time-to-pay period during the base period was 37.89 days, whereas during the preference period it was 32.82 days. The Court agrees with Staffmark that the five-day disparity is not meaningful in the absence of other evidence.
The Official Committee of Unsecured Creditors (the "Committee") points to a major departure from past practice in which the Debtors shifted from paying Staffmark by check to paying by electronic funds transfer. The Committee also casts doubt on the validity of the time-to-pay analysis (also known as range methodology), citing Judge Mary Walrath’s opinion in Stanziale v. Superior Tech. Res. Inc. (In re Powerwave Techs.), Adv. No. 15-50085 (MFW), 2017 Bankr. LEXIS 1023 (Bankr. D. Del., April 13, 2017).
9:00 AM
The Court determines, in line with Stanziale, that genuine issues of material fact exist regarding the application of the ordinary course defense of 11 U.S.C. § 547(c)(2), those issues being the validity and weight of range methodology and the use of averages and, most important, the shift to a different form of payment at the eleventh hour.
As to the new value defense of 11 U.S.C. § 547(c)(4), the Court agrees with Staffmark that there is no genuine issue of material fact that new value was provided to the Debtors in the amount of $210,876.59 as shown by the Jurman Affidavit in support of Staffmark’s Reply. The balance of the Transfer after deducting the new value is fixed by the Court at $45,060.43. New value is calculated based upon date of service rendered rather than the invoice date.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Staffmark Investment LLC Represented By Scott A Schiff
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01184 Official Committee Of Unsecured Creditors v. Professional Courier &
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) (PTC set at S/C held 3/28/18)
FR: 3-28-18
Docket 1
The Court will continue this matter to March 27, 2019 at 9:00 a.m. to permit perparation and filing of settlement documentation.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Professional Courier & Newspaper Represented By
Justin D Harris
9:00 AM
Brandt Brothers, LLC Represented By Justin D Harris
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01186 Official Committee Of Unsecured Creditors v. Circulation Technicians, Inc.
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) (PTC set at S/C held 3/28/18)
FR: 3-28-18
Docket 1
The Court will continue this matter to March 27, 2019 at 9:00 a.m. to permit perparation and filing of settlement documentation.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Circulation Technicians, Inc. Represented By Scott A Schiff
9:00 AM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01188 Official Committee Of Unsecured Creditors v. Gabriels Technology
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17)
(Another Summons issued 11/27/17) (PTC set at S/C held 3/28/18)
FR: 3-28-18
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on June 30, 2018.
Expert reports under Rule 26 are due August 31, 2018, and responses to such reports are due September 15, 2018.
All discovery motions shall be heard before October 31, 2018.
All pretrial motions (except motions in limine) shall be heard before November 30, 2018.
Pretrial conference is set for December 19, 2018 at 9:00 a.m. COURT TO PREPARE ORDER.
9:00 AM
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Gabriels Technology Solutions, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01191 Official Committee Of Unsecured Creditors v. Oath Inc. et al
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) (PTC set for S/C held 3/28/18)
FR: 3-28-18
Docket 1
- NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Oath Inc. Pro Se
Oath Brands, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01193 Official Committee Of Unsecured Creditors v. One Stop Printing & Design
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) (PTC set at S/C held 3/28/18)
Docket 1
The Court will continue this matter to March 27, 2019 at 9:00 a.m. to permit perparation and filing of settlement documentation.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
One Stop Printing & Design Co., Represented By
Alan M Kindred Stuart I Koenig
9:00 AM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01194 Official Committee Of Unsecured Creditors v. Optimus Group, Inc.
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) (PTC set at S/C held 3/28/18)
FR: 3-28-18
Docket 1
NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Optimus Group, Inc. Represented By Jeffrey D Cawdrey
Plaintiff(s):
Official Committee Of Unsecured Represented By
9:00 AM
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01199 Official Committee Of Unsecured Creditors v. Veritiv Operating Company
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) (PTC set at S/C held 3/28/18)
FR: 3-28-19
Docket 1
The Court will continue this matter to March 27, 2019 at 9:00 a.m. to permit perparation and filing of settlement documentation.
COURT TO PREPARE ORDER.
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Veritiv Operating Company Pro Se
9:00 AM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01200 Official Committee Of Unsecured Creditors v. 82Wolverine Distributing
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) (PTC set at S/C held 3/28/18)
FR: 3-28-18
Docket 1
NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
82Wolverine Distributing Represented By David Cantrell Matthew J Kraus
9:00 AM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01203 Official Committee Of Unsecured Creditors v. Central National Gottesman,
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Avoidance And Recovery Of Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550
(Complaint filed 10/26/17) FR: 4-4-18
Docket 1
NONE LISTED -
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Central National Gottesman, Inc. Represented By
David M Banker Kyra E Andrassy
9:00 AM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01090 Lam v. Phung
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Nondischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(4) (Complaint filed 6/2/17)
FR: 8-30-17; 1-17-18; 4-25-18
Docket 1
NONE LISTED -
Debtor(s):
Sen Hieu Phung Represented By Jeffrey J Hagen Daniel M Clauss
Defendant(s):
Sen Hieu Phung Represented By Michael Jones
Plaintiff(s):
Elaine Lam Represented By
Jai H Kim
Trustee(s):
Jeffrey I Golden (TR) Represented By Jeffrey I Golden
9:00 AM
Adv#: 8:18-01069 Marshack et al v. Biden
Hearing RE: Motion Of Plaintiff Chriss W. Street For Order Consolidating Adversary Proceedings For All Purposes, Including Trial
(Motion filed 10/25/18)
[RE: Case 8:18-ap-01069-MW with 8:18-ap-01075-MW]
Docket 20
NONE LISTED -
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Arlene C Biden Represented By Phillip Greer
Plaintiff(s):
Richard A Marshack Represented By Ryan D ODea
Chriss W. Street Represented By Timothy C Aires
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D ODea
9:00 AM
Adv#: 8:18-01075 Street v. Greer et al
Hearing RE: Motion Of Plaintiff For Order Extending Time Within Which To File Notice Of Appeal As To October 10, 2018 Dismissal Order
(Motion filed 10/24/18)
Docket 54
This motion was rendered moot on November 14, 2018, when the Court orally granted Plaintiff's motion (docket #48) for relief from the Court's October 10, 2018 order (#47) granting Arlene Biden (Greer)'s motion (#27) for her dismissal from this action. (Although Plaintiff lodged a proposed order granting the relief motion on December 3, 2018, that order has not yet been approved and docketed.)
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Phillip Barry Greer Represented By Phillip Greer
Richard A. Marshack Represented By Ryan D ODea
Plaintiff(s):
Chriss W. Street Represented By Timothy C Aires
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr
9:00 AM
Ryan D ODea
9:00 AM
Adv#: 8:18-01194 Sun et al v. Davenport
Hearing RE: Motion To Withdraw As Counsel Of Record For Plaintiffs Bianca Sun And Yan Yu Sun
(Motion filed 11/21/18)
Docket 7
Grant.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Chester C. Davenport Pro Se
Plaintiff(s):
Bianca Sun Represented By
Charles C H Wu
Yanyu Sun Represented By
Charles C H Wu
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
9:00 AM
Adv#: 8:18-01084 Modern VideoFilm, Inc. v. Barkat et al
Hearing RE: Motion For Reconsideration And Clarification Of Order Denying Debtor's Motion To Approve Stipulation RE Production Of Documents By Managease, Inc. Pursuant To Local Rule 9013-1(o)
(Motion filed 11/26/18)
Docket 88
The Court will continue the hearing on this matter to February 27, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
Defendant(s):
Moshe Barkat Represented By Juliet Y Oh David L. Neale
Modern VideoFilm Holdings, LLC Represented By
Juliet Y Oh David L. Neale
Sidan Engineering, L.P. Represented By David L. Neale
9:00 AM
Sivan Barkat Sherman Represented By David L. Neale
Danielle Barkat Turner Represented By David L. Neale
Deborah Barkat Represented By David L. Neale
Plaintiff(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Richard H Golubow
9:00 AM
CONT'D STATUS CONFERENCE Hearing RE: Chapter 11 Involuntary Petition (Petition filed 5/31/18)
FR: 6-25-18; 8-1-18; 9-19-18; 10-24-18
Docket 1
NONE LISTED -
Debtor(s):
QDOS, Inc Pro Se
9:00 AM
Adv#: 8:18-01167 Anderson v. Bruno
Hearing RE: Motion For Default Judgment Under LBR 7055-1 (Motion filed 11/13/18)
Docket 5
The Court will continue this matter to February 27, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
John J Bruno Represented By
Daniel King
Defendant(s):
John Bruno Pro Se
Plaintiff(s):
Elizabeth Anderson Represented By Leona R Singer
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 8:18-01167 Anderson v. Bruno
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt
[Pursuant To 11 U.S.C. Section 523(a)(2)(A)] (Complaint filed 9/4/18)
(Another Summons issued 9/19/18) FR: 11-28-18; 12-5-18
Docket 1
The Court will continue this matter to February 27, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
John J Bruno Represented By
Daniel King
Defendant(s):
John Bruno Pro Se
Plaintiff(s):
Elizabeth Anderson Represented By Leona R Singer
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Hrg. re: In Camera Motion to Seal
Docket 0
Grant in part and deny in part.
The Court likely will require the motion to be filed unsealed, but will permit the redaction of certain portions of the motion to preserve confidential information.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Empire Land, LLC Represented By James Stang Robert M Saunders Michael I Gottfried
------ O'melveny & Myers Dean A Ziehl
Jonathan A Loeb P Sabin Willett
Richard K Diamond (TR) Jeffrey Rosenfeld
Trustee(s):
Richard K Diamond (TR) Represented By Michael I Gottfried
Richard S Berger - SUSPENDED - Rodger M Landau
Richard K Diamond
9:00 AM
Peter M Bransten Aleksandra Zimonjic Monica Rieder
Lisa N Nobles Peter J Gurfein Paul Hastings Roye Zur Amy Evans
Best Best & Krieger Franklin C Adams Thomas J Eastmond
9:00 AM
Adv#: 6:18-01059 Banhart v. Marchand
Hrg. on Defendant's Motion filed 8/14/18 to Dismiss First Amended Adversary Complaint for denial of discharge
(Cont. from 12/13/18)
Docket 27
The motion to dismiss is:
Denied as to allegations involving the cashier's check. Continuing concealment is alleged, and movant has not shown that transfer pluse concealment must both be shown.
Denied as to allegations of withdrawal of funds and Nat Global Properties LLC and designer clothing and jewelry. Here too continuing concealment is alleged.
Denied as to the Second Claim for Relief. Arguments concerning Rule 11 violations are preserved for defendant.
Denied as to the Third Claim for Relief. Once again, Rule 11 arguments are preserved for defendant.
In conclusion, the Motion to Dismiss is denied in its entirety. PLAINTIFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Nanette Denise Marchand Represented By David M Flader
9:00 AM
Defendant(s):
Nanette Denise Marchand Represented By Baruch C Cohen
Plaintiff(s):
Robert Banhart Represented By Kyle P Kelley
Trustee(s):
John P Pringle (TR) Pro Se
9:00 AM
Adv#: 6:18-01059 Banhart v. Marchand
Hrg. on STATUS CONFERENCE re: Complaint for Denial of Discharge 11
U.S.C. §727
(Cont. from 9/13/18)
Docket 1
The Court will issue a scheduling order:
All discovery shall close on June 30, 2019.
All discovery motions shall be heard before July 31, 2019.
All pretrial motions shall be heard before September 30, 2019.
Pretrial conference is set for October 18, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Nanette Denise Marchand Represented By David M Flader
9:00 AM
Defendant(s):
Nanette Denise Marchand Represented By Baruch C Cohen
Plaintiff(s):
Robert Banhart Represented By Kyle P Kelley
Trustee(s):
John P Pringle (TR) Pro Se