9:00 AM
Kimball, Tirey & St. John, movant attorney Motion for Relief from Stay
Encanto Apartment Homes, LP vs. DEBTORS (Motion filed 12/12/18)
Re: 28155 Encanto Dr. #1212, Menifee, CA 92586
Docket 15
The Court will grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Lisa Ann Slater Represented By Barry M Walker
Joint Debtor(s):
Brent Charles Slater Represented By Barry M Walker
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Malcolm Cisneros, movant attorney Motion for Relief from Stay
Freedome Mortgage Corporation vs. DEBTORS (Motion filed 11-29-18)
Re: 700 Tyrol Drive, Crestline, CA 92325
Docket 11
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Daniel James Dykema Represented By
M Wayne Tucker
Joint Debtor(s):
Xiao Yan Dykema Represented By
M Wayne Tucker
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Wells Fargo Bank vs. DEBTOR, Todd A. Frealy, Trustee (Motion filed 12/6/18)
Re: 2014 Toyota Prius, VIN: JTDKN3DU4E1775928
Docket 9
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Librada Fernandez Stahlhut Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Weinstein & Riley, movant attorney Motion for Relief from Stay
USAA Federal Savings Bank vs. DEBTOR (Motion filed 12/13/18)
Re: 2015 BMW M4, VIN: WBS3R9C56FK334537
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):
Ileana McKenna Represented By Jennifer Ann Aragon
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Bary Lee O'Connor - movant attorney Motion for Relief from Stay
Value Hotels Corp vs. DEBTOR (Motion filed 12/17/18)
Re: 10705 Magnolia Ave #212 Riverside, CA 92505
Docket 13
- NONE LISTED -
Debtor(s):
Dena Fry Pro Se
Movant(s):
Value Hotels Corp dba Riverside Inn Represented By
Barry L O'Connor
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
Hrg. on Debtor's Motion filed 11/29/18 to Reopen Chapter 7 Case
Docket 15
The Court will grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Vickie Lee Atkins Represented By Brian J Soo-Hoo
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Hrg. on Trustee's Final Report; Applications for Compensation
Docket 0
The Court will grant and allow:
Trustee's fees: $1,260.85 Trustee's expenses: $109.57
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Manuel Salvador Noyola Garcia Represented By
Michael A Rivera
Joint Debtor(s):
Martha Figueroa Osorio Represented By Michael A Rivera
Trustee(s):
Charles W Daff (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 12/6/18 for Turnover of Estate Property and Documents
Docket 90
The Trustee is entitled to inspect the vehicles at issue and, if the Trustee elects, to have them appraised. The Motion is granted, but subject to Debtor's claim of exemptions. In other words, if the Trustee elects to have the vehicles appraised, and the appraiser agrees with Debtor's asserted value, the exemptions will apply and the Debtor will be entitled to keep them.
TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Timothy David Murphy Represented By Timothy D Murphy
Trustee(s):
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
2:00 PM
Hrg. on chapter 7 trustee's Application filed 11/26/18 to Employ Hahn Fife & Co., LLC as Accountant
Docket 85
Chapter 7 Trustee Lynda T. Bui (the "Trustee") applies to the Court (the "Application") for authorization to employ Hahn Fife & Company LLP ("Hahn-Fife") as accountants for the estate to perform tasks such as filing required federal and state tax returns and reviewing financial documents. Debtor Timothy D. Murphy ("Debtor") objects to the Application on the grounds that (1) no tax returns are required to be filed for 2018 in view of the bankruptcy’s minimal income, and (2) Hahn-Fife has no expertise in Florida trust or estate accounting practice.
Debtor admits that this is a "no asset case" with claims filed against the estate exceeding $1 million. By the Debtor’s own admissions, then, this is not a surplus case – a case where nonexempt assets exceed liabilities and one in which the debtor can look forward to a distribution of surplus by the chapter 7 trustee after all allowed claims are paid in full.
The law is clear in this situation that the Debtor lacks standing to object to the Trustee’s Application to employ Hahn-File. A hopelessly insolvent debtor does not have standing to contest orders affecting the size of the estate because such an order would not diminish the debtor’s property, increase his burdens or detrimentally affect his rights." Duckor Spradling & Metzger v. Baum Trust (In re P.R.T.C., Inc.), 177 F.3d 774, 778 n.2 (9th Cir. 1999); Fondiller v. Roberston (In re Fondiller), 707 F.2d 441, 442 (9th Cir. 1983).
The Court wishes to make clear, however, that no portion of the Debtor’s exempt
2:00 PM
assets (or any proceeds thereof) can be used to pay accounting fees of Hahn-Fife or any other professional employed by the estate. Debilio v. Golden (In re Debilio), BAP No. CC-13-1441-TAPaKi, 2014 Bankr. LEXIS (B.A.P. 9th Cir., Sept. 11, 2014)
(unpublished but cited for persuasive value).
With that one caveat, the Court approves the Application.
Debtor(s):
Timothy David Murphy Represented By Timothy D Murphy
Trustee(s):
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
9:00 AM
Adv#: 8:17-01186 Official Committee Of Unsecured Creditors v. Circulation Technicians, Inc.
CONT'D Hearing RE: Defendant Circulation Technicians, Inc.'s Motion For Summary Judgment
(Motion filed 10/18/18) FR: 11-29-18
Docket 19
The Court will inquire into the status of this matter.
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
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; 9-5-18
Docket 1
- NONE LISTED -
Debtor(s):
Casey John Simon Represented By Kelly Zinser
Defendant(s):
Korrine Ellen Simon Represented By Kelly Zinser
Casey John 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#: 8:18-01189 Labor Commissioner, State of California v. Balsamo
STATUS CONFERENCE Hearing RE: Complaint To Request Determination Of Dischargeability Of Debt
(Complaint filed 10/15/18)
Docket 1
The Court will continue this matter to January 30, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
James Russell Balsamo Represented By Joseph M Tosti
Defendant(s):
James Russell Balsamo Pro Se
Plaintiff(s):
Labor Commissioner, State of Represented By Phoebe P Liu
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 7/20/18)
FR: 9-19-18
Docket 0
- NONE LISTED -
Debtor(s):
WCR Development Company LLC Represented By
Robert P Goe
9:00 AM
Adv#: 8:18-01184 Niemi v. Mezzetti Financial Services, Inc. et al
STATUS CONFERENCE Hearing RE: Complaint For Turnover Of Property Of The Plaintiff's Bankruptcy Estate And For Related Relief 11 U.S.C. Section 542(a), Bankruptcy Procedure 7001
(Complaint filed 10/9/18)
Docket 1
- NONE LISTED -
Debtor(s):
Susan Ann Niemi Represented By Joseph M Tosti
Defendant(s):
Santa Clara Sheriff's Department Pro Se
JPMorgan Chase Bank, N.A. Pro Se
Mezzetti Financial Services, Inc. Pro Se
Plaintiff(s):
Susan Ann Niemi Represented By Joseph M Tosti
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 11/2/18)
Docket 1
The Court will inquire into compliance with U.S. Trustee guidelines and requirements.
Next status conference: March 13, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
David K Toyota Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union
(Motion filed 11/28/18)
[RE: Overdraft Loan - Amount: $4,165.48]
Docket 10
The Court will disapprove the agreement as not in Debtor's best interest in view of the high interest rate.
COURT TO PREPARE ORDER.
Debtor(s):
Tanya Christine Yakinian Represented By Michael Jones
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union
(Motion filed 11/28/18)
[RE: 2014 Kia Sportage - Amount: $14,703.73]
Docket 11
The Court will disapprove the agreement as not in Debtor's best interest. COURT TO PREPARE ORDER.
Debtor(s):
Tanya Christine Yakinian Represented By Michael Jones
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation
(Motion filed 11/28/18)
[RE: 2018 Toyota Tacoma - Amount: $37,863.06] [VIN No.: 5TFRX5GN7JX115351]
Docket 8
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Danny L Roman Represented By Christopher J Langley
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 10-24-18; 11-16-18
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
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 11-16-18
Docket 18
- NONE LISTED -
Debtor(s):
Juan Maldonado Aburto Represented By
Anthony Obehi Egbase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 11-16-18
Docket 21
- NONE LISTED -
Debtor(s):
Gregorio Reyes Represented By Jaime A Cuevas Jr.
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 11-16-18
Docket 2
- NONE LISTED -
Debtor(s):
Edgar Sebastian Vazquez Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 FR: 12-12-18
Docket 20
- NONE LISTED -
Debtor(s):
Lovert B. Hogai Represented By Matthew D. Resnik
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-12-18
Docket 2
- NONE LISTED -
Debtor(s):
Manuel Figueroa Represented By Andrew Moher
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-12-18
Docket 20
- NONE LISTED -
Debtor(s):
David Shomaker Represented By Ashishkumar Patel
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-12-18
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
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 10
- NONE LISTED -
Debtor(s):
Timothy Michael Crawley Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 17
Hearing RE: Confirmation Of Chapter 13 Plan
Debtor(s):
Martin Andelman Represented By Nathan Fransen
Joint Debtor(s):
Stacey Andelman Represented By Nathan Fransen
Movant(s):
Martin Andelman Represented By Nathan Fransen
Stacey Andelman Represented By Nathan Fransen
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Robert Matthew Coburn Represented By Heather J Canning
Joint Debtor(s):
Sharon Ann Young Represented By Heather J Canning
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 11
- NONE LISTED -
Debtor(s):
Barbara Jo O'Brien 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):
Arna K. Freedman Represented By
James D. Hornbuckle
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Daniel Ater 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):
Ryan Bradley Witham 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):
Dennis Michael Justiniani 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):
William Holguin Altamirano Jr Pro Se
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 9/18/18) FR: 10-24-18
Docket 60
- NONE LISTED -
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 To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 11/28/18)
Docket 55
- NONE LISTED -
Debtor(s):
Andrea Dargin Represented By Samer A Nahas
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 11/7/18)
Docket 161
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE 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
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding Case For Failure To Make Plan Payments
[11 U.S.C. 1307(c))
(Motion filed 12/6/18) (Response filed 12/20/18)
Docket 41
- NONE LISTED -
Debtor(s):
Cimberly Gonzales Represented By Amanda G Billyard
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 11/13/18)
(Set For Hearing Per Amended Notice of Hearing filed 12/4/18)
Docket 53
The Court will 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):
April Marie Tory Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion For Authority To Incur Secured Debt On Personal Property (Motion filed 11/13/18)
(Set per Notice of Hearing filed 11/29/18) (Amended Notice of Hearing filed 12/4/18) (Second Amended Notice of Hearing filed 12/4/18)
Docket 55
The Court will 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):
April Marie Tory Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion Under LBR 3015-1(n) And (w) To Modify Plan Or Suspend Plan Payments
(Motion filed 10/31/18)
(Set per Trustee's Comments on or Ojbection filed 11/14/18) (Notice of Hearing filed 11/14/18)
Docket 60
The Court will deny the motion. The Court agrees with the Chapter 13 Trustee that the Debtors' track record in making required plan payments is poor. More important, Debtors have not made a sufficient showing that they can perform under the modified plan that they propose.
CHAPTER 13 TRUSTEE 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
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 10/9/18)
(Opposition filed 10/24/18)
Docket 54
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE 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
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 11/8/18)
(Response filed 11/21/18) Notice of Hearing filed 11/21/18)
Docket 44
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Elizabeth Martin Represented By Amanda G Billyard
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion For Order Disallowing Claim:
Claim No. 6 Department Of Treasury $165,232.41 Internal Revenue Service
Docket 30
- 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
3:00 PM
CONT'D Hearing RE: Motion To Vacate Order Dismissing Bankruptcy Case (Set per Order Entered 10/31/18)
FR: 11-16-18; 12-12-18
Docket 13
In light of the filing of the creditor matrix, the Court grant the motion and reinstate the case.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Juana Pierda Mondragon Represented By Bryn C Deb
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
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
- 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
Adv#: 6:18-01165 Speier v. Updike et al
Hrg. on Motion for judgment on the pleadings for failure to state a claim upon which relief can be granted
Docket 21
The facts in this case show that debtor Bradley Fee’s parents (Maurice Fee and Joann Fee) set up a trust (the "Trust") in 1996 – over 22 years ago – for the benefit of their children (Bradley Fee and his sister Lisa Fee and brother Jeffrey Fee), as well as Joann Fee’s children from a prior marriage, namely, Larry Lindenstein and Judith Updike.
Maurice Fee died in 2011 and Joann Fee died in January 2014 (she had previously been determined to be incompetent in 2011).
Maurice and Joann Fee served as trustees from 1996 until 2011. Joann’s incompetency apparently changed things, and Larry Lindenstein and debtor Bradley Fee began serving as co-trustees of the Trust in or about March 2011. By late 2014, a dispute had arisen between the co-trustees. Larry Lindenstein alleged that debtor Bradley Fee owed the Trust over $900,000.
The matter went into litigation in Orange County Superior Court on March 2, 2015. The Superior Court ordered that Larry Lindenstein serve as sole interim trustee of the Trust on March 3, 2015. Mediation before a temporary state judge was ordered, and the mediation culminated in a Settlement Agreement and Mutual General Release Regarding the Fee Revocable Living Trust dated June 12, 1996 (the "Settlement Agreement"). The Settlement Agreement required Bradley Fee to pay $50,000 to Larry Lindenstein in his capacity as the Trust’s sole interim trustee within 30 days of the Settlement Agreement’s effective date and an additional $130,000 within 120 days of the effective date. The Settlement Agreement required Mr. Lindenstein to make
9:00 AM
certain distributions from the Trust res to Judith Updike, and Lisa and Jeffrey Fee. These distributions are not in any way tied to the $180,000 paid by Bradley Fee under the Settlement Agreement. Rather, they would seem to be in the nature of terminating trust distributions of the entire Trust res, including not only the $180,000 paid by Bradley Fee to the Trust but also the Trust’s existing moneys.
In exchange, Bradley Fee obtained a release by all opposing parties of all claims against him as well as a covenant not to be sued by any of them. Bradley Fee paid
$50,000 to Larry Lindenstein in his capacity as sole interim trustee as required. He sold real estate and allegedly paid $130,000 as follows: $62,400 to Judith Updike,
$33,800 to Jeffrey Fee and $33,800 to Lisa Fee.
Bradley and Christine Fee filed a joint voluntary chapter 7 petition on August 31, 2017.
On August 16, 2018, chapter 7 trustee Richard M. Speier ("Plaintiff") filed a complaint for the avoidance of allegedly preferential transfers of $50,000 and
$130,000 against Judith Updike, Larry Lindenstein (both individually and as sole interim trustee), Jeffrey Fee and Lisa Fee ("Defendants"). Defendants now move for judgment on the pleadings (the "Motion"), arguing that despite conclusory allegations that Defendants are creditors, Plaintiff’s own complaint (which attaches the Settlement Agreement as an exhibit and does not in any way challenge the accuracy of any statement in the Settlement Agreement) shows that Defendants are not creditors. Defendants also contend that the two transfers the Trustee seeks to avoid are outside the 90-day preference window and that the Trust is neither a statutory nor non- statutory insider (which would lengthen the preference period to one year, 11 U.S.C. § 547(b)(4)(B)).
Plaintiff opposes the Motion and, as a backstop, asks the Court to grant leave to amend the complaint to state fraudulent transfer avoidance claims should the Court be inclined to interpret the law in the manner Defendants advocate.
The Court grants the Motion as to all Defendants with leave to amend, dismissing
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with prejudice the preference claims but permitting the Trustee to amend the complaint to assert fraudulent transfer claims.
There is no indication that Defendants were ever creditors of Bradley Fee. The Settlement Agreement refers to no dispute between Defendants (other than Larry Lindenstein as sole interim trustee) and Bradley Fee, mentions not a single creditor claim by any of the Defendants (again excepting Mr. Lindenstein as trustee) against Bradley Fee and, tellingly, provides for no direct payment by Bradley Fee to any of the Defendants (again excepting Mr. Lindenstein as trustee). By all indications, the only dispute was the dispute between co-trustees Bradley Fee and Larry Lindenstein in their capacity as co-trustees. To be sure, Defendants had a pony in the race in the sense that augmentation of the Trust’s assets through a recovery against Bradley Fee could eventually redound to their benefit but this does not mean they were Bradley Fee’s creditors. And perhaps they had rights to sue Bradley Fee for breach of trust, but there is no indication or allegation in the complaint that they were actually exercising those rights in any manner.
Even if this analysis is mistaken and the Defendants at one point were in fact creditors, those claims were extinguished by the mutual releases given in the Settlement Agreement – which took effect at the very latest at the time Bradley Fee performed his obligation to pay $50,000 and then $130,000 to Larry Lindenstein, trustee. In view of those releases it is clear that, as of the petition date, Defendants did not have claims against Bradley Fee. The argument that the Trustee can avoid these transfers and therefore nullify previously-effective releases is a circular argument, because it is based upon the unproven premise that the Trustee will be successful in this adversary proceeding. Moreover, there is no indication that an avoidance of the transfers, even if it were to occur, would nullify the releases.
Additionally, the Court agrees that the Trust is neither a statutory nor a non-statutory insider. That it is not a statutory insider is obvious, because a trust in which the debtor is a beneficiary is not a member of the class of insiders specified by the statute. 11 U.S.C. § 101(31). That the Trust is not a non-statutory insider is shown by the glaring absence of any affinity of interest between Bradley Fee and the Trust – these
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parties were suing each other and were openly hostile, as the Settlement Agreement so vividly illustrates.
Finally, although payments made from escrow may have been made to some of the Defendants instead of to Larry Lindenstein, sole interim trustee of the Trust, that is simply a matter of form and convenience, not of substance – there being no indication that the recipients of these moneys had any direct or indirect right of payment from Bradley Fee. It would be as if A, who owes money to B, is told by B to pay the money to C (to whom B owes money or to whom B wishes to make a gift). These circumstances do not make C a creditor of A in the absence of some third- party beneficiary status. Here, third party beneficiary status is negated by numbered paragraph 17 of the Settlement Agreement.
Debtor(s):
Bradford Leon Fee Represented By Suzette Douglas
Defendant(s):
Judith A Updike Represented By Michael G Spector
Jeffrey D Fee Represented By
Michael G Spector
Lisa R Fee Represented By
Michael G Spector
Larry C Lindenstein Represented By Donald W Sieveke
Joint Debtor(s):
Christine Diane Fee Represented By Suzette Douglas
9:00 AM
Plaintiff(s):
Steven M Speier Represented By Thomas J Eastmond Robert P Goe
Trustee(s):
Steven M Speier (TR) Represented By Donald Reid Robert P Goe
Goe & Forsythe LLP
9:00 AM
Adv#: 6:18-01081 Escontrias v. Hageman et al
Hrg. on Motion to Compel responses to special interrogatiories, requests for production of documents, and the deposition of defendant; request for sanctions, jointly and severally, in the amount of $ 1,350.00 for failure to meet and confer
(Tele. appr. T. Hall Brehme, rep. Defendant, Chris & Crystal Hageman)
Docket 26
The Court will deny the motion without prejudice on grounds of mootness.
The matter would appear to be at least partially moot by reason of the Court order approving a stipulation to continue Crystal Hageman's deposition and extending discovery cut-off dates. Although the stipulation doesn't specifically address alleged failures to respond to interrogatories and to produce documents, the Court is inclined to give Defendants one last opportunity to comply, and sets a deadline of February 1, 2019 for full compliance.
COURT TO PREPARE ORDER.
Debtor(s):
Christopher Allen Hageman Represented By Roland D Tweed
Defendant(s):
Christopher Allen Hageman Represented By Thomas H Brehme
9:00 AM
Crystal Dee Hageman Represented By Thomas H Brehme
Kai Hargis Pro Se
Joint Debtor(s):
Crystal Dee Hageman Represented By Roland D Tweed
Movant(s):
Pilar Escontrias Represented By
Ada R Cordero-Sack
Plaintiff(s):
Pilar Escontrias Represented By
Ada R Cordero-Sack
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Adv#: 6:18-01081 Escontrias v. Hageman et al
Hrg. on Motion for an order deeming truth of facts and genuineness of documents in request for admissions propounded on defendant Kai Hargis as admitted
Docket 27
The Court will grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Christopher Allen Hageman Represented By Roland D Tweed
Defendant(s):
Christopher Allen Hageman Represented By Thomas H Brehme
Crystal Dee Hageman Represented By Thomas H Brehme
Kai Hargis Pro Se
Joint Debtor(s):
Crystal Dee Hageman Represented By Roland D Tweed
Plaintiff(s):
Pilar Escontrias Represented By
9:00 AM
Trustee(s):
Ada R Cordero-Sack
Arturo Cisneros (TR) Pro Se
9:00 AM
Adv#: 6:18-01081 Escontrias v. Hageman et al
Hrg. on Motion for an order deeming truth of facts and genuineness of documents in request for admissions propounded on defendant Crystal Dee Hageman as admitted; Request for sanctions; jointly and severally, in the amont of $ 1,125.00 for failure to meet and confer
Docket 28
The Court will grant the motion, except that it will not award sanctions.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Christopher Allen Hageman Represented By Roland D Tweed
Defendant(s):
Christopher Allen Hageman Represented By Thomas H Brehme
Crystal Dee Hageman Represented By Thomas H Brehme
Kai Hargis Pro Se
Joint Debtor(s):
Crystal Dee Hageman Represented By Roland D Tweed
9:00 AM
Plaintiff(s):
Pilar Escontrias Represented By
Ada R Cordero-Sack
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Adv#: 6:18-01081 Escontrias v. Hageman et al
Hrg. on Motion for an order deeming truth of facts and genuineness of documents in request for admissions propounded on defendant Christopher Allen Hageman as admitted; Request for sanctions, jointly and severally, in the amount of $ 1,125.00 for failure to meet and confer
Docket 29
The Court will grant the motion, except that it will not award sanctions.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Christopher Allen Hageman Represented By Roland D Tweed
Defendant(s):
Christopher Allen Hageman Represented By Thomas H Brehme
Crystal Dee Hageman Represented By Thomas H Brehme
Kai Hargis Pro Se
Joint Debtor(s):
Crystal Dee Hageman Represented By Roland D Tweed
9:00 AM
Plaintiff(s):
Pilar Escontrias Represented By
Ada R Cordero-Sack
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:00 PM
Hrg. on Chapter 11 Status Conference (Cont. from 6/7/18)
Docket 1
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
9:00 AM
Motion for relief from stay [Real Property]
Deutsche Bank National Trust Company, As Trustee, On Behalf Of The Holders Of The Impac Secured Assets Corp., Mortgage Pass-Through Certificates Series 2004-3, Its Assignees And/Or Successors vs. DEBTOR
(Motion filed 12/3/18)
[RE: 1109 W 21st Street, Santa Ana, CA 92706]
Docket 58
- NONE LISTED -
Debtor(s):
Christine K Roberts Represented By Bruce D White
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Elizabeth Anderson vs. DEBTOR (Motion filed 12/7/18)
[RE: Case Name: Elizabeth Anderson vs. John Bruno] [Docket No.: TC 028516]
[Pending In: Superior Court Of California, County Of Los Angeles, Compton, CA]
Docket 34
- NONE LISTED -
Debtor(s):
John J Bruno Represented By
Daniel King
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 8:18-01167 Anderson v. Bruno
CONT'D Hearing RE: Motion For Default Judgment Under LBR 7055-1 (Motion filed 11/13/18)
FR: 12-19-18
Docket 5
- 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#: 8:18-01167 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; 12-19-18
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
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Home Expo Financial Inc., As Trustee Of West Hampshire Trust Dated 9/12/2018
(Motion filed 12/17/18)
[RE: Case Name: Home Expo Financial Inc. v. Castellanos] [Docket No.: 30-2018-01030673-CL-UD-NJC]
[Pending In: Orange County Superior Court] [RE: 1179 W. Hampshire, Anaheim, CA 92802]
Docket 17
- NONE LISTED -
Debtor(s):
Felix Castellanos Pro Se
Trustee(s):
Karen S Naylor (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 11/27/18)
[RE: Case Name: Ramirez v. Romero Baltazar, et al.] [Docket Number: 30-2018-00984161-CU-PA-CJC]
[Pending In: Orange County Superior Court]
Docket 15
- 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 [PERSONAL PROPERTY] 21st Mortgage Corporation vs. Debtor
(Motion filed 12/16/18)
[RE: 2005 Goldenwest Manufactured Home]
[Model Number: GP561P71GOP20; Serial Number: PER033032CAA/CAB] [Located At: 109 E. Balboa Lane Tustin, CA 92780]
Docket 16
- NONE LISTED -
Debtor(s):
Rafael Rangel Mendoza Represented By Richard M Moss III
Joint Debtor(s):
Maria A Zamudio Robles Represented By Richard M Moss III
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
Adv#: 8:13-01048 Flegal et al v. Ifeorah
Hearing RE: Third Party Claim To Seized Or Garnished Funds; Motion For Turnover Of Funds
(Motion filed 12/11/18)
Docket 175
- NONE LISTED -
Debtor(s):
George Chike Ifeorah Represented By Michael R Totaro
Defendant(s):
George Chike Ifeorah Represented By William J Smyth
Andrew Edward Smyth
Plaintiff(s):
Invest & Design, LLC Represented By Mark M Sharf Harold C Klaskin
Ryan Flegal Represented By
Mark M Sharf Harold C Klaskin
Trustee(s):
Weneta M Kosmala (TR) Pro Se
2:00 PM
Hearing RE: Motion By United States Trustee To Dismiss Or Convert Case Pursuant To 11 U.S.C. Section 1112(b)
(Motion filed 11/27/18)
Docket 28
- NONE LISTED -
Debtor(s):
Mohammad Ali Kharazmi Represented By Leonard Pena
2:00 PM
Hrg. on Confirmation of chapter 11 plan
(To be held in Courtroom 6C, 411 West Fourth Street, Santa Ana, CA 92701)
Docket 0
- NONE LISTED -
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
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; 7-25-18
Docket 0
NONE LISTED -
Debtor(s):
Advanced Biomedical, Inc. Represented By Asa W Markel Dixon Gardner
Robert S Marticello Philip E Strok
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; 10-24-18
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#: 8:18-01148 Hernandez v. United States of America, by its agency Internal R
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Tax Liability
(Complaint filed 7/26/18) FR: 10-17-18
Docket 1
NONE LISTED -
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#: 8:18-01193 Basho Technologies Holdco C, LLC et al v. Chester
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Section 523(a)(4) And Objection To Discharge Under 11 U.S.C. Sections 727(a)(2) And (a)(3)
(Complaint filed 10/26/18)
Docket 1
NONE LISTED -
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Davenport C. Chester Pro Se
Plaintiff(s):
Basho Technologies Holdco C, LLC Represented By
Bradley Gardner Randye B Soref
Basho Technologies Holdco E, LLC Represented By
Bradley Gardner Randye B Soref
Hunoby Enterprises, LLC Represented By Bradley Gardner Randye B Soref
Earl P. Galleher III Represented By Bradley Gardner
9:00 AM
Randye B Soref
Basho Technologies Holdco B, LLC Represented By
Randye B Soref Bradley Gardner
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
9:00 AM
Adv#: 8:18-01194 Sun et al v. Davenport
STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt
[11 U.S.C. Section 523(a)(2)]
(Complaint filed 10/26/18)
Docket 1
NONE LISTED -
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#: 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., ]
Docket 0
NONE LISTED -
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 Michael B Reynolds
9:00 AM
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
Hrg. on Chapter 11 Status Conference on the Plan and Disclosure Statement (Cont. from 10/25/18)
Docket 0
NONE LISTED -
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
(Cont. from 10/25/18)
Docket 1
NONE LISTED -
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
Hrg. on Chapter 11 Status Conference (Cont. from 10/25/18)
Docket 0
NONE LISTED -
Debtor(s):
Littlefield Physical Therapy, Inc. Represented By
Evan L Smith
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))
(Cont. from 11/15/18)
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
9:00 AM
Trustee(s):
Steven M Speier (TR) Represented By Donald Reid Robert P Goe
Goe & Forsythe LLP
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Alaska USA Federal Credit Union, in the amount of $15,409.82
Re: 2015 Chrysler 200
Docket 12
NONE LISTED -
Debtor(s):
Andrew Jauregui Ruvalcaba Represented By Norma Duenas
Joint Debtor(s):
Rosario Mendoza Ruvalcaba Represented By Norma Duenas
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 12/13/18 Between Debtor and Hyundai Capital America, in the amount of $ 17,263.94
Re: 2017 Kia Sportage, VIN: KNDPN3AC5H7050521
Docket 12
NONE LISTED -
Debtor(s):
Nicole Marie Kean Represented By Andrew S Mansfield
Trustee(s):
Steven M Speier (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 (Cont. from 12/18/18)
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
Movant(s):
Finance of America Reverse LLC, Represented By
Nancy L Lee
Trustee(s):
Karl T Anderson (TR) Represented By
9:00 AM
Leonard M Shulman Melissa Davis Lowe
9:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 12/17/18)
Re: 2018 Toyota C-HR
(Tele. appr. Austin P. Nagel , rep. movant, Toyota Motor Credit Corp)
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):
Henry Ordan Batac Represented By Carey C Pickford
Joint Debtor(s):
Sally Rile Batac Represented By Carey C Pickford
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
9:00 AM
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Hughes & Hughes, LLP - movant attorney Motion for Relief from Stay
Cheryl Lee vs. DEBTOR (Motion filed 12/21/18)
(Action in non-bankruptcy forum) EH
(Tele. appr., Tinho Mang, rep Trustee, Robert Whitmore)
Docket 42
The Court will grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Scott Shih Lee Represented By Ronald D Halpern
Movant(s):
Hughes & Hughes Represented By Sarah Davidson
Trustee(s):
Robert Whitmore (TR) Represented By
D Edward Hays
9:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
PennyMac Loan Services, LLC vs. Debtor (Motion filed 12/20/18)
Re: 2835 N. Orange Ave., Rialto, CA 92377
(Tele. appr. Megan E. Lees, rep, movant, PennyMAC Loan Services, LLC)
Docket 7
The Court will grant the motion under § 362(d)(2) only. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Yuri Furlong Pro Se
Movant(s):
PennyMac Loan Services, LLC Represented By Robert P Zahradka
Trustee(s):
Robert Whitmore (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 12/14/18)
Re: 2017 Ford Explorer, VIN: 1FM5K7D81HGD04266
Docket 7
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Veronica Joya Represented By Neil R Hedtke
Movant(s):
Cab West, LLC Represented By Jennifer H Wang
Trustee(s):
Arturo Cisneros (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 12/14/18)
Re: 2018 Chrysler 300, VIN: 2C3CCAAG0JH264519
Docket 12
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Veronica Angulo Represented By Christopher Hewitt
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:00 PM
Hrg. on trustee's final report; applications for compensation
Docket 45
The Court will grant and allow:
Trustee's fees: $3,280.00 Trustee's expenses: $100.10 Hahn Fife fees: $1,000.00
The Court will approve on a final basis the $5,000 previously paid to Ringstad & Sanders LLP.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Amina F Khan Pro Se
Trustee(s):
Arturo Cisneros (TR) Represented By Karen S. Naylor
2:00 PM
Hrg. on Debtor's Motion filed 12/10/18 to Extend Periods Within Which Debtor has the Exclusive Right to Propose a Chapter 11 Plan and to Solicit Acceptances Thereto
(Tele. appr. Martin A. Eliopulos, Creditor, Havasu)
Docket 243
The Court will extend the exclusivity period for filing a plan to February 15, 2019 and the period for confirming a plan to March 15, 2019. The latter extension is warranted beause the Court's February calendar is limited due to the Court's obligation to the annual Court conference (February 13-17) and a Ninth Circuit Space And Security Committee meeting in San Diego (February 19-20).
COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Movant(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
Hrg on Motion for Adequate Protection; (2) Section 507(b) Superpriority Administrative Expense Claim
Docket 253
The Court will deny the motion for the reasons set forth 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
2:00 PM
Hrg. on trustee's final report; applications for compensation
Docket 0
The Court will grant and allow:
Trustee's fees: $1,232.82 Trustee's expenses: $117.36
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jose Luis Villarreal Represented By Francis Guilardi
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Hrg. on Third Plan and Disclosure Statement
Docket 281
NONE LISTED -
In light of the partial government shutdown, the Court will continue this matter to March 12, 2019 at 2:00 p.m.
COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
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;
7-25-18; 1-16-18
Docket 0
NONE LISTED -
The Court will inquire into the reorganized Debtor's compliance with the terms of the plan.
Next status conference: to be determined 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#: 8:16-01261 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; 12-12-18
Docket 1
NONE LISTED -
The Court will inquire whether the case settled at mediation and, if so, will set a deadline of February 28, 2019 for filing final settlement documents.
Next status conference: March 13, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Leonard Newman Represented By Darvy M Cohan
Defendant(s):
Leonard Newman Pro Se
9:00 AM
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
Trustee(s):
Thomas H Casey (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; 5-30-18; 12-12-18
Docket 1
NONE LISTED -
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
9:00 AM
Brandon Durham Pro Se
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)
FR: 3-8-18; 5-30-18; 7-25-18; 12-12-18
Docket 1
NONE LISTED -
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
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 5/2/17)
FR: 7-5-17; 11-15-17; 3-7-18; 6-13-18; 10-24-18; 12-12-18
Docket 0
NONE LISTED -
The Court will inquire into Debtors' compliance with the terms of the plan. 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
Hearing RE: Motion For Order Confirming Debtor's First Amended Chapter 11 Plan Of Reorganization With Ballot Summary
(Confirmation hearing set at D.S. hearing held 10/24/18) (Motion filed 12/3/18)
Docket 182
NONE LISTED -
The Court will confirm the First Amended Plan of Reorganization. Next status conference: April 17, 2019 at 9:00 a.m.
DEBTOR TO LODGE (1) ORDER CONFIRMING FIRST AMENDED PLAN OF REORGANIZATION AND (2) FINDINGS OF FACT AND CONCLUSIONS OF LAW, ON OR BEFORE FEBRUARY 2, 2019.
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 -
The Court will inquire into the Debtor's compliance with U.S. Trustee guidelines and requirements.
Next Status Conference: to be determined. COURT TO PREPARE ORDER.
Debtor(s):
Mohdsameer Aljanedi Dental Represented By Andy C Warshaw
Richard L. Sturdevant
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) FR: 7-11-18
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Arlene C Biden Pro Se
Plaintiff(s):
Richard A Marshack Represented By Ryan D ODea
9:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Adv#: 8:18-01069 Marshack et al v. Biden
CONT'D 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]
FR: 12-19-18
Docket 20
NONE LISTED -
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
9:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D ODea
9:00 AM
Adv#: 8:18-01069 Marshack et al v. Biden
STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's First Amended 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
(First Amended Complaint filed 12/14/18)
Docket 27
NONE LISTED -
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
9:00 AM
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
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; 11-14-18
Docket 8
- NONE LISTED -
The Court will order this matter into mediation and issue the following scheduling order:
All discovery shall close on August 31, 2019.
All discovery motions shall be heard before September 30, 2019.
All pretrial motions shall be heard before October 31, 2019.
Pretrial conference is set for November 13, 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#: 8:18-01075 Street v. Greer et al
CONT'D 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) FR: 11-14-18
Docket 48
NONE LISTED -
NONE LISTED -
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#: 8:18-01140 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; 11-14-18
Docket 1
NONE LISTED -
The Court will inquire whether Plaintiff intends to file a motion to remand this unlawful detainer case to the 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
9:00 AM
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Adv#: 8:18-01193 Basho Technologies Holdco C, LLC et al v. Chester
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Section 523(a)(4) And Objection To Discharge Under 11 U.S.C. Sections 727(a)(2) And (a)(3)
(Complaint filed 10/26/18) FR: 1-16-19
Docket 1
NONE LISTED -
The Court will issue a scheduling order:
All discovery shall close on August 31, 2019.
All discovery motions shall be heard before September 30, 2019.
All pretrial motions shall be heard before October 31, 2019.
Pretrial conference is set for November 6, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
9:00 AM
Defendant(s):
Davenport C. Chester Pro Se
Plaintiff(s):
Basho Technologies Holdco C, LLC Represented By
Bradley Gardner Randye B Soref
Basho Technologies Holdco E, LLC Represented By
Bradley Gardner Randye B Soref
Hunoby Enterprises, LLC Represented By Bradley Gardner Randye B Soref
Earl P. Galleher III Represented By Bradley Gardner Randye B Soref
Basho Technologies Holdco B, LLC Represented By
Randye B Soref Bradley Gardner
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
9:00 AM
Adv#: 8:18-01194 Sun et al v. Davenport
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt
[11 U.S.C. Section 523(a)(2)]
(Complaint filed 10/26/18) FR: 1-16-19
Docket 1
NONE LISTED -
The Court will set a March 31, 2019 deadline for hearing a motion for entry of default judgment.
Next status conference: April 17, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Chester C. Davenport Pro Se
Plaintiff(s):
Bianca Sun Represented By
9:00 AM
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
CONT'D 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)
FR: 12-12-18
Docket 1
NONE LISTED -
The Court will inquire into the Debtor's compliance with U.S. Trustee guidelines and requirements.
Next status conference: to be determined. COURT TO PREPARE ORDER.
Debtor(s):
Mohammad Ali Kharazmi Represented By Leonard Pena
9:00 AM
Adv#: 8:17-01012 Official Committee of Unsecured Creditors of Freed v. Kushner et al
Hearing RE: Plaintiff Official Committee Of Unsecured Creditors Of Freedom Communications, Inc., et al.'s Motion To Extend Pre-Trial Schedule
(Motion filed 1/11/19) (OST Signed 1/11/19)
[Tele. appr., Matthew T. Furton, repr., Richard Covelli, JTR LLC, et al.]
[Tele. appr., Elissa A. Wagner, repr., Official Committee of Unsecured Creditors]
Docket 111
NONE LISTED -
The Court will grant the motion and extend deadlines as requested by the OCUC on pages 19 and 20 of 39 in the Motion.
The uncertainties created by the partial government shutdown and other factors cited by the OCUC deter the Court from establishing a discovery schedule contingent on PBGC action.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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 Represented By Steven B Sacks
Eric Spitz Represented By
Christopher B Queally James M Sabovich
Richard J. Covelli Represented By Robert S Marticello Matthew T Furton
Traci M. Christian Represented By Matthew T Furton Brandon J Witkow
C & C Marketing LLC Represented By Robert S Marticello Matthew T Furton
C2 Advisors, LLC Represented By Robert S Marticello Matthew T Furton
Etaros Actuarial Services LLC Represented By Matthew T Furton Brandon J Witkow
JTR, LLC Represented By
Robert S Marticello Matthew T Furton
Plaintiff(s):
Official Committee of Unsecured Represented By
Alan J Kornfeld
9:00 AM
Elissa A Wagner
2:00 PM
Hearing RE: Motion For Entry Of An Order (I) For Approving The Disclosure Statement; (II) Establishing Voting Record Date; (III) Approving Soliciation Packages And Distribution Procedures; (IV) Approving Form Of Ballots And Establishing Procedures For Voting On Plan Of Liquidation; (V) Approving Forms Of Notices To Non-Voting Classes Under Plan; (VI) Establishing Voting Deadline To Accept Or Reject Plan; (VII) Approving Procedures For Vote Tabulations; And (VIII) Establishing Confirmation Hearing Date And Notice And Objection Procedures Thereof
(Motion filed 12/5/18)
Docket 606
NONE LISTED -
NONE LISTED -
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
2:00 PM
CONT'D Hearing RE: Debtor's Motion For An Entry Of An Order Barring, Estopping, Enjoining, Discharging And Deeming Waived The Claim Of The Internal Revenue Service For Certain Penalties Or, In The Alternative,
Determining Penalties Should Be Zero (Motion filed 12/20/18)
FR: 12/28/18
Docket 611
NONE LISTED -
NONE LISTED -
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
9:00 AM
Adv#: 6:18-01236 Fleming, Sr v. Havasu Lakeshore Investments
Hrg of Judgment Lien Creditor, Havasu Lakeshore Investments Inc Motion to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6)
Docket 4
NONE LISTED -
NONE LISTED -
Defendant(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till
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))
(Cont. from 11/8/18)
Docket 1
NONE LISTED -
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
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 on the Plan and Disclosure Statement (Cont. from 1/17/19)
Docket 0
NONE LISTED -
The Court will inquire into (1) the Debtor's compliance with U.S. Trustee guidelines and requirements, and (2) the status of mediation.
Next status conference: to be determined. 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
(Cont. from 1/17/19)
Docket 1
NONE LISTED -
The Court will inquire into the status of mediation between the Debtor and the CDTFA.
Next status conference: to be determined. 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
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))
(Cont. from 1/17/19)
Docket 1
NONE LISTED -
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
9:00 AM
Trustee(s):
Steven M Speier (TR) Represented By Donald Reid Robert P Goe
Goe & Forsythe LLP
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 1/17/19)
(Tele. appr. Martin Eliopulos, rep. creditor, Havasu Lakeshore Investments)
Docket 0
NONE LISTED -
NONE LISTED -
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Katherine Doucette Represented By Randall S. Waier
9:00 AM
Havasu Landing, LLC Represented By 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#: 6:18-01218 Wells Fargo Bank, N.A. v. Murphy et al
STATUS CONFERENCE re: Complaint in Interpleader
(Tele. appr. Donald Cram, rep. Plaintiff, Wells Fargo)
Docket 1
NONE LISTED -
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 3, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Timothy David Murphy Pro Se
Defendant(s):
Timothy David Murphy Pro Se
9:00 AM
Lynda T. Bui Pro Se
Patrick Keith Lafferty Pro Se
Mary Jane Lafferty Pro Se
Plaintiff(s):
Wells Fargo Bank, N.A. Represented By Bernard J Kornberg Donald H Cram III Jan T. Chilton
Trustee(s):
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
9:00 AM
Adv#: 6:18-01071 Murphy v. Murphy
Hrg. on Plaintiff's motion and joint stipulation regarding plaintiff's motion to compel response to interrogatories, production of documents and to extend the discovery cutoff date
Docket 56
NONE LISTED -
The Court will deny the motion without prejudice on the ground that the motion is not in the proper form. Rather than explaining why some of the requested relief is warranted, the motion merely attaches a proposed joint stipulation that the Debtor refused to sign and expects this Court to glean movant's argumants from that.
Information in the reply is not an adequate substitute curing these deficiencies in the motion.
COURT TO PREPARE ORDER.
Debtor(s):
Timothy David Murphy Represented By Timothy D Murphy
Defendant(s):
Timothy David Murphy Represented By Timothy D Murphy
9:00 AM
Plaintiff(s):
Mark M. Murphy Represented By Larry D Webb
Trustee(s):
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
9:00 AM
Adv#: 6:18-01081 Escontrias v. Hageman et al
PRE-TRIAL 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
NONE LISTED -
NONE LISTED -
Debtor(s):
Christopher Allen Hageman Represented By Roland D Tweed
Defendant(s):
Christopher Allen Hageman Pro Se
Crystal Dee Hageman Pro Se
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
9:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 1/17/19)
(Tele. appr. George Blackmar, rep. creditor, Vail Ranch Plaza)
Docket 0
NONE LISTED -
The Court will inquire into compliance with U.S. Trustee guidelines and requirements.
Next status conference: to be determined. COURT TO PREPARE ORDER.
Debtor(s):
Littlefield Physical Therapy, Inc. Represented By
Evan L Smith
9:00 AM
Adv#: 6:18-01221 Hardt, Jr v. Hamzey, Jr. et al
STATS CONFERENCE re complaint for recovery of money/property pursuant to 11 U.S.C. Section 548 and Nondischargeability of debt 1 U.S.C. Section 523(A)(4)
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Defendant(s):
Robert Mansour Hamzey Jr. Pro Se
Marie Ann Hamzey Pro Se
Joint Debtor(s):
Marie Ann Hamzey Represented By Daniel C Sever
Plaintiff(s):
William Joseph Hardt Jr Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Adv#: 6:18-01221 Hardt, Jr v. Hamzey, Jr. et al
Hrg. on Defendants' Motion filed 12/10/18 to Dismiss Adversary Proceeding
Docket 3
NONE LISTED -
NONE LISTED -
Debtor(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Defendant(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Marie Ann Hamzey Represented By Daniel C Sever
Joint Debtor(s):
Marie Ann Hamzey Represented By Daniel C Sever
Plaintiff(s):
William Joseph Hardt Jr Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Alaska USA Federal Credit Union, in the amount of $15,409.82
Re: 2015 Chrysler 200 (Cont. from 1/17/19)
Docket 12
NONE LISTED -
The Court will disapprove the agreement as not in the Debtors' best interest. COURT TO PREPARE ORDER.
Debtor(s):
Andrew Jauregui Ruvalcaba Represented By Norma Duenas
Joint Debtor(s):
Rosario Mendoza Ruvalcaba Represented By Norma Duenas
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 12/13/18 Between Debtor and Hyundai Capital America, in the amount of $ 17,263.94
Re: 2017 Kia Sportage, VIN: KNDPN3AC5H7050521
(Cont. from 12/17/19)
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Nicole Marie Kean Represented By Andrew S Mansfield
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Hrg. on Chapter 11 Status Conference (Cont. from 11/15/18)
(Tele. appr. Martin Eliopulos, rep. Havasu)
Docket 0
NONE LISTED -
NONE LISTED -
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
CONT'D STATUS CONFERENCE 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; 12-12-18
[Tele. appr. Jeffrey I. Golden, repr. Trustee, Weneta Kosmala]
[Tele. appr. Jessica R. MacGregor, repr. Non-Party, Tolliver & Coyle]
Docket 282
So that the Court will have a fuller understanding of this case and its procedural posture, the Court will ask the following questions in connection with the Halvorson matters on calendar this morning:
What is the current status of the criminal proceedings in Oregon against Mr. John Halvorson? Are they still pending? Has he been sentenced? If so, what is the sentence and is any appeal pending with respect to the criminal matters? Do the parties foresee any effect on these bankruptcy proceedings as a result of the criminal proceedings in Oregon?
This matter will be stayed until after Judge Selna issues his ruling in the Trustee's substitution motion. The Court sets a further status conference on the OSC for March 20, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
9:00 AM
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 STATUS CONFERENCE 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; 12-12-18
Docket 61
Judge Selna’s December 21, 2018 Civil Minutes (the "District Court Order") order this Court to dismiss the 1391 Action. Had there been no appeal of the District Court Order, this Court was planning on doing precisely that: it would have dismissed the 1391 Action following this Status Conference (and, indeed, had already prepared a tentative ruling to that effect).
However, the District Court Order has been appealed to the United States Court of Appeals for the Ninth Circuit (the "Ninth Circuit"). The Baek Parties allege that no stay pending appeal with respect to the District Court Order has been sought by the Trustee or the Randall Parties. This Court has yet to hear from the Trustee or the Randall Parties on this matter and will ask them at the Status Conference whether they have sought a stay pending appeal and, if so, the current status of that stay request.
If no stay has been sought and the Trustee and the Randall Parties do not intend to
9:00 AM
seek a stay, the Court will next inquire of the Trustee and the Randall Parties whether they agree or disagree with the Baek Parties’ contention that this Court should dismiss the 1391 Action at this time.
It is possible that the Court will ask for additional briefing on this matter. Federal Rules of Appellate Procedure 6 and 8 would appear to be applicable if a stay is being sought.
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 Charity J Miller
Jerry Ann Randall 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
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
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
CON'TD STATUS CONFERENCE 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 Jurisdiction
(Motion filed 8/31/18) FR: 10-15-18; 12-12-18
Docket 298
The Court will vacate this status conference in view of the District Court Order vacating all orders entered in the 1391 action.
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 Peter W Bowie
9:00 AM
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 Kyle Kveton
9:00 AM
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; 12-12-18
Docket 1
The Court will vacate this status conference in view of the District Court Order vacating all orders entered in the 1391 action.
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
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
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; 12-12-18
Docket 1
The Court will vacate the status conference in view of the District Court's order of December 21, 2018 vacating this Court's Memorandum Decision And Order After Bifurcated Trial On Unclean Hands. Any stay previously imposed by this Court of the 1454 Action is vacated. The case will go forward. A further status conference (at which a scheduling order likely will be entered) is set for March 13, 2019 at 9:00 a.m.
The Court will not at this time order a second trial on unclean hands but will permit defendants to raise unclean hands as an affirmative defense.
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
9:00 AM
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 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; 12-12-18
Docket 41
This matter will go forward. The Court will set a deadline of February 28, 2019 for the filing of an Amended Sanctions Motion, a deadline of March 21, 2019 for the filing of oppositions thereto and a deadline of April 4, 2019 for the filing of replies. The hearing on the Amended Sanctions Motion is set for May 6, 2019 at 9 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
9:00 AM
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#: 8:17-01119 Kosmala v. Pacific Commercial Group, LLC et al
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)
(PTC set at S/C held 3-7-18)
(S/C set per order entered 1-11-19)
FR: 10-4-17; 11-8-17; 1-17-18; 3-7-18; 11-28-18
Docket 1
9:00 AM
The Court will inquire about the current status of this case and where the parties see the case heading.
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 Faye C Rasch
9:00 AM
Adv#: 8:15-01382 Baek 124th, LLC et al v. Halvorson et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Nondischargeability Of Debt
(Complaint filed 10/2/15) (PTC set at S/C held 1/20/16) (S/C set per Order Entered 1/11/19)
FR: 1-16-16; 1-20-16; 9-21-16; 12-21-18
Docket 1
The Court will stay this proceeding until there is a resolution of the 1454 Action, which will provide greater visibility as to the extent of estate property.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller Corey B Tolliver
Marc C Forsythe Represented By Corey B Tolliver
9:00 AM
Plaintiff(s):
Baek 124th, LLC Represented By Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Baek 153, LLC Represented By Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Baek Ainsworth Property, LLC Represented By Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Baek Development, LLC Represented By Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Baek Family Partnership Represented By Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Baek Holdings, LLC Represented By Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Baek Uptown Property, LLC Represented By Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Pacific Commercial Group, LLC Represented By
Christopher N Coyle Misty A Perry Isaacson
9:00 AM
Corey B. Tolliver
RGJ Baek, LLC Represented By Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Grace Baek Represented By
Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Richard Baek Represented By Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello
9:00 AM
Adv#: 8:17-01180 Official Committee Of Unsecured Creditors v. Staffmark Investment LLC
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) (set at s/c held 2/28/18) FR: 2-28-18; 10-24-18
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
9:00 AM
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
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; 12-17-18
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]
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]
FR: 12-10-18
Docket 59
- NONE LISTED -
Debtor(s):
Jay Mandel Fontenot Represented By Krystina T Tran
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D 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]
FR: 12-10-18
Docket 62
- 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]
Deutsche Bank National Trust Company As Trustee For The Wamu Mortgage Pass-Through Certificates, Series 2003-AR10 vs. DEBTOR
(Motion filed 12/20/18)
[RE: 1707 Colina Terrestre, San Clemente, California 92673]
[Tele. appr. Alexander K. Lee, repr. Deutsche Bank National Trust Company, As Trustee]
Docket 52
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 stay [Real Property]
Deutsche Bank National Trust Company, As Trustee, On Behalf Of The Holders Of The Impac Secured Assets Corp., Mortgage Pass-Through Certificates Series 2004-3, Its Assignees And/Or Successors vs. DEBTOR
(Motion filed 12/3/18)
[RE: 1109 W 21st Street, Santa Ana, CA 92706]
FR: 1-14-19
[Tele. appr. Nancy Lee, repr. Select Portfolio Servicing Inc.]
Docket 58
The Court will grant the motion under § 362(d)(1) based on three missed post- petition, pre-confirmation payments.
MOVANT 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
CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]
Elizabeth Anderson vs. DEBTOR (Motion filed 12/7/18)
[RE: Case Name: Elizabeth Anderson vs. John Bruno] [Docket No.: TC 028516]
[Pending In: Superior Court Of California, County Of Los Angeles, Compton, CA]
FR: 1-14-19
Docket 34
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
John J Bruno Represented By
Daniel King
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; 12-19-18
Docket 1
No tentative ruling.
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 Hearing RE: Motion For Default Judgment Under LBR 7055-1 (Motion filed 11/13/18)
FR: 12-19-18
Docket 5
No tentative ruling.
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
CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]
Home Expo Financial Inc., As Trustee Of West Hampshire Trust Dated 9/12/2018
(Motion filed 12/17/18)
[RE: Case Name: Home Expo Financial Inc. v. Castellanos] [Docket No.: 30-2018-01030673-CL-UD-NJC]
[Pending In: Orange County Superior Court] [RE: 1179 W. Hampshire, Anaheim, CA 92802]
FR: 1-14-18
Docket 17
The Court will grant the motion under § 362(d)(1) and (d)(2) and will grant the requested annulment.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Felix Castellanos Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from automatic stay [Real Property]
Lone Oak Fund LLC vs. DEBTOR (Motion filed 11/14/18)
[RE: 4721 Cortland Drive, Corona Del Mar, CA 92625]
Docket 20
- NONE LISTED -
Debtor(s):
Mohammad Ali Kharazmi Represented By Leonard Pena
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Lone Oak Fund, LLC vs. DEBTOR (Motion filed 12/11/18)
[RE: 4721 Cortland Drive, Corona Del Mar, California 92625]
FR: 12-10-18
[Tele. appr. Simon Aron, repr. Lone Oak Fund] [Tele. appr. Leonard Pena, repr. Kharazimi]
Docket 34
The Court will grant the motion under § 362(d)(2) only. 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]
PSG Capital Partners Inc, LLC vs. DEBTOR (Motion filed 12/21/18)
[RE: 4721 Cortland Drive, Corona Del Mar, California 92625] [Tele. appr. Simon Aron, repr. Lone Oak Fund]
[Tele. appr. Leonard Pena, repr. Kharazimi]
Docket 43
The Court will grant the motion under § 362(d)(2) only.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mohammad Ali Kharazmi Represented By Leonard Pena
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 11/27/18)
[RE: Case Name: Ramirez v. Romero Baltazar, et al.] [Docket Number: 30-2018-00984161-CU-PA-CJC]
[Pending In: Orange County Superior Court]
FR: 1-14-19
[Tele. appr. Patricia Salcedo, repr. Fidel Ramirez]
Docket 15
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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 [Personal Property]
Toyota Motor Corporation vs. DEBTOR (Motion filed 12/17/18)
[RE: 2016 Toyota Corolla - VIN No. 5YFBURHE4GP512457 ]
Docket 11
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mikaela Abarca Represented By Hector Vega
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
Heritage Place LP vs. DEBTOR (Motion filed 12/26/18)
[RE: 537 E. Center Street, #276, Anaheim, CA 92805]
Docket 13
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mikaela Abarca Represented By Hector Vega
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [PERSONAL PROPERTY] 21st Mortgage Corporation vs. Debtor
(Motion filed 12/16/18)
[RE: 2005 Goldenwest Manufactured Home]
[Model Number: GP561P71GOP20; Serial Number: PER033032CAA/CAB] [Located At: 109 E. Balboa Lane Tustin, CA 92780]
FR: 1-14-19
[Tele. appr. Diane V. Weifenbach, repr. US Bank)
Docket 16
No tentative ruling.
Debtor(s):
Rafael Rangel Mendoza Represented By Richard M Moss III
Joint Debtor(s):
Maria A Zamudio Robles Represented By Richard M Moss III
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Capital One Auto Finance, A Division Of Capital One, N.A. vs. DEBTORS (Motion filed 1/3/19)
[RE: 2010 Toyota Matrix-4 CYL. Sports Wagon] [VIN No.: 2T1KU4EE3AC353672]
Docket 81
- 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]
U.S. Bank N.A., As Trustee, On Behalf Of The Holders Of The J.P. Morgan Mortgage Acquisition Trust 2006-WMC3 Asset Backed Pass-Through Certificates, Series 2006-WMC3 vs. DEBTOR
(Motion filed 1/4/19)
[RE: 15 Riptide Court, #18, Newport Beach, CA 92663]
Docket 81
- NONE LISTED -
Debtor(s):
Timothy Guy Sawyer Represented By Dennis Connelly
Trustee(s):
Amrane (SA) Cohen (TR) Represented By
Amrane (SA) Cohen (TR)
9:00 AM
Motion for relief from stay [Real Property]
Crosswind Capital, Inc. vs. DEBTOR (Motion filed 1/4/19)
[RE: 9225 Inglewood Drive, Potomac, MD 20854]
Docket 217
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 1/4/19)
[RE: 6 Janes Cove Road, Edgartown, MA 02539]
Docket 218
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 1/4/19)
[RE: 9227 Inglewood Drive, Potomac, MD 20854]
Docket 216
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
2:00 PM
Adv#: 8:13-01048 Flegal et al v. Ifeorah
CONT'D Hearing RE: Third Party Claim To Seized Or Garnished Funds; Motion For Turnover Of Funds
(Motion filed 12/11/18) FR: 1-14-19
Docket 175
The Court will deny the motion for the reasons stated by Ryan Flegal and Invest & Design LLC in their opposition.
COURT TO PREPARE ORDER.
Debtor(s):
George Chike Ifeorah Represented By Michael R Totaro
Defendant(s):
George Chike Ifeorah Represented By William J Smyth
Andrew Edward Smyth
Plaintiff(s):
Ryan Flegal Represented By
Mark M Sharf Harold C Klaskin
Invest & Design, LLC Represented By
2:00 PM
Trustee(s):
Mark M Sharf Harold C Klaskin
Weneta M Kosmala (TR) Pro Se
2:00 PM
Hearing RE: Motion Of Chapter 7 Trustee To Disallow Claim: Motion filed 12/12/18)
Claim No. 5 DefensTech International, Inc. $5,600,000.00
Docket 179
The Court will grant the motion and disallow Claim No. 5 in its entirety as a duplicate claim.
The Court will grant the motion and disallow Claim No. 6 in its entirety as having no basis in fact.
In each instance, the Trustee has made a prima facie showing with having greater probative value and force than that appearing in the proof of claim. The burden then shifts to the claimant to prove up its claim by a preponderance of the evidence.
Claimant, having filed no opposition to the motions, has failed to meet its burden.
TRUSTEE 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 Sean A OKeefe
2:00 PM
Trustee(s):
Jeffrey I Golden (TR) Represented By Jason Balitzer Steven Werth
2:00 PM
Hearing RE: Motion Of Chapter 7 Trustee To Disallow Claim: Motion filed 12/12/18)
Claim No. 6 DefensTech International, Inc. $To Be Determined
According To Proof At
Trial
Docket 181
The Court will grant the motion and disallow Claim No. 5 in its entirety as a duplicate claim.
The Court will grant the motion and disallow Claim No. 6 in its entirety as having no basis in fact.
In each instance, the Trustee has made a prima facie showing with having greater probative value and force than that appearing in the proof of claim. The burden then shifts to the claimant to prove up its claim by a preponderance of the evidence.
Claimant, having filed no opposition to the motions, has failed to meet its burden.
TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
William John Murphy Represented By Sean A OKeefe
Michael N Nicastro
2:00 PM
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: Motion For Order Vacating Denial Of Chapter 7 Trustee's Objection To Claim No. 8 Of Defenstech International, Inc, And Sustaining Objection
(Motion filed 12/19/18)
Docket 270
The Court will grant the motion.
MOVANT 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
Hearing RE: Debtor's Motion For An Entry Of An Order Barring, Estopping, Enjoining, Discharging And Deeming Waived The Claim Of The Internal Revenue Service For Certain Penalties Or, In The Alternative, Determining Penalties Should Be Zero
(Motion filed 12/20/18)
Docket 611
- NONE LISTED -
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
2:00 PM
Hearing RE: Motion For (i) Deferral Of Consideration Of Debtor's Attorney's Fees And Costs; And (ii) Approval Of Statement Of Evidence
(Motion filed 12/13/18)
Docket 108
- NONE LISTED -
Debtor(s):
QDOS, Inc Represented By
Damian D Capozzola
2:00 PM
Hearing RE: On The Issue Of Whether The Court Should Grant Judgment Against Mr. Wiese, Mr. Hayden, Mr. Terrigno And Mr. Maddox And In Favor Of QDOS For Reasonable Attorneys' Fees And Costs Incurred By QDOS In Connection With This Involuntary Petition Proceeding
(Set per Memorandum Decision And Order Entered 10/31/18)
Docket 0
- NONE LISTED -
Debtor(s):
QDOS, Inc Represented By
Damian D Capozzola
2:00 PM
CONT'D Hearing RE: Motion By United States Trustee To Dismiss Or Convert Case Pursuant To 11 U.S.C. Section 1112(b)
(Motion filed 11/27/18)
FR: 1-14-19
[Tele. appr. Leonard Pena, repr. Kharazmi]
Docket 28
The Court will grant the motion and dismiss the case.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mohammad Ali Kharazmi Represented By Leonard Pena
2:00 PM
Adv#: 8:17-01144 Itria Ventures, LLC v. Ervin
Hearing RE: Motion For Protective Order Prohibiting The Deposition Of Archer Western Contractors, LLC
(Motion filed 1/28/19)
Docket 63
- NONE LISTED -
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 William M Burd
9:00 AM
Hrg. on Debtor's Motion filed 1/23/19, for Joint Administration and Consolidation of cases
(OST signed 1/23/18)
Docket 3
The Court will grant the motion in part and deny it in part.
The Court will deny movant's request for a joint section 341(a) meeting of creditors and will make the low-numbered case (RFS Sports, Inc.) the lead case in these jointly- administered cases. The remainder of the motion is granted.
DEBTORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
RFS Sports, Inc. Represented By Javier H Castillo
9:00 AM
Hrg. on Trustee's Final Report and Application for compensation (Advanced from 1/29/19 @ 2:00 p.m.)
Docket 0
The Court will grant and allow:
Trustee's fees: $762.56 Trustee's expenses: $65.68
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Tunarcie Glenn Metters Represented By Nicholas M Wajda
Joint Debtor(s):
Queen Alencia Metters Represented By Nicholas M Wajda
Trustee(s):
John P Pringle (TR) Pro Se
9:00 AM
Hrg. on Trustee's Motion filed 1/4/19 for Order Compelling Turnover of Estate Property and Documents
(Advanced from 2/26/19)
Docket 98
- NONE LISTED -
Debtor(s):
Timothy David Murphy Represented By Timothy D Murphy
Trustee(s):
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
2:00 PM
Hrg. on Motion By United States Trustee To Dismiss Or Convert Chapter 11 Case
(Cont. from 10/16/18)
Docket 274
- 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
(Cont.from 11/15/18)
Docket 293
- NONE LISTED -
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'
(Cont.from 11/15/18)
Docket 289
- NONE LISTED -
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Hrg. on Chapter 11 Status Conference (Cont. from 1/10/19)
Docket 1
- NONE LISTED -
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Hrg. on Trustee's Final Report and Application for compensation
Docket 0
The Court will grant and allow:
Trustee's fees: $762.56 Trustee's expenses: $65.68
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Tunarcie Glenn Metters Represented By Nicholas M Wajda
Joint Debtor(s):
Queen Alencia Metters Represented By Nicholas M Wajda
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Hrg. on Trustee's Motion filed 1/4/19 for Order Compelling Turnover of Estate Property and Documents
Docket 98
- NONE LISTED -
Debtor(s):
Timothy David Murphy Represented By Timothy D Murphy
Trustee(s):
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
2:00 PM
Hrg. on Motion By United States Trustee filed 1/2/19 To Dismiss Case With A Re-Filing Bar
Docket 7
- NONE LISTED -
Debtor(s):
Katherine Coronado Pro Se
Joint Debtor(s):
Edgar Arnoldo Monterroso Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Hrg. on Debtor's Motion filed 1/23/19, for Joint Administration and Consolidation of cases
(OST signed 1/23/18)
Docket 3
- NONE LISTED -
Debtor(s):
RFS Sports, Inc. Represented By Javier H Castillo
9:00 AM
Adv#: 8:17-01174 Official Committee Of Unsecured Creditors v. New Market Enterprises, Inc.
CONT'D 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 inquire whether the case is headed toward settlement.
COURT TO PREPARE ORDER continuing hearing if necessary.
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
9:00 AM
Andrew W Caine
9:00 AM
Adv#: 8:17-01180 Official Committee Of Unsecured Creditors v. Staffmark Investment LLC
CONT'D Hearing RE: Defendant Staffmark Investment, LLC's Motion For Summary Judgment
(Motion filed 11/7/18) FR: 12-19-18
Docket 24
- 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 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#: 8:17-01181 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) (set at s/c held 2-28-18)
(Notice of Settlement filed 10-9-18)
(S/C set at PTC held 10/24/18)
FR: 2-28-18 at 9:00 a.m.; 10-24-18
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):
General Rewinding, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
9:00 AM
Andrew W Caine
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;
10-17-18
Docket 8
The Court will (1) inquire into compliance with U.S. Trustee guidelines and requirements and (2) extend the deadline for filing a plan and disclosure statement to August 31, 2019 and the deadline for confirming a plan to November 15, 2019.
Next status conference: May 22, 2019 at 9:00 a.m. Status report due May 8, 2019. COURT TO PREPARE ORDER.
Debtor(s):
Eric Martinson Represented By Richard Lynn Barrett
9:00 AM
CONT'D 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) FR: 11-14-18
Docket 226
An appeal has been taken to the United States Bankruptcy Appellate Panel of the Ninth Circuit (the "BAP") of this Court’s order denying Diamond’s motion for revocation of the confirmation order on the ground that such motion was untimely.
In terms of judicial efficiency, it makes little sense for this Court to hear and determine motions relating to the meaning and extent of the confirmation order and the related order reconsidering the confirmation order when there is a possibility that the confirmation order could be vacated in its entirety as a result of the BAP’s determination of the appeal. Accordingly, the Court continues the hearing of this motion to June 24, 2019 at 2:00 p.m.
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 12/27/16)
FR: 3-8-17; 8-2-17; 11-29-17; 3-28-18; 8-8-18; 12-12-18
Docket 0
An appeal has been taken to the United States Bankruptcy Appellate Panel of the Ninth Circuit (the "BAP") of this Court’s order denying Diamond’s motion for revocation of the confirmation order on the ground that such motion was untimely.
In terms of judicial efficiency, it makes little sense for this Court to hear and determine motions relating to the meaning and extent of the confirmation order and the related order reconsidering the confirmation order when there is a possibility that the confirmation order could be vacated in its entirety as a result of the BAP’s determination of the appeal. Accordingly, the Court continues the hearing of this motion to June 24, 2019 at 2:00 p.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; 11-14-18
Docket 78
An appeal has been taken to the United States Bankruptcy Appellate Panel of the Ninth Circuit (the "BAP") of this Court’s order denying Diamond’s motion for revocation of the confirmation order on the ground that such motion was untimely.
In terms of judicial efficiency, it makes little sense for this Court to hear and determine motions relating to the meaning and extent of the confirmation order and the related order reconsidering the confirmation order when there is a possibility that the confirmation order could be vacated in its entirety as a result of the BAP’s determination of the appeal. Accordingly, the Court continues the hearing of this motion to June 24, 2019 at 2:00 p.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#: 8:18-01189 Labor Commissioner, State of California v. Balsamo
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Request Determination Of Dischargeability Of Debt
(Complaint filed 10/15/18) FR: 1-9-19
Docket 1
NONE LISTED -
Debtor(s):
James Russell Balsamo Represented By Joseph M Tosti
Defendant(s):
James Russell Balsamo Pro Se
Plaintiff(s):
Labor Commissioner, State of Represented By Phoebe P Liu
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
STATUS CONFERENCE Hearing RE: Chapter 7 Involuntary Petition (Involuntary Petition filed 1/16/19)
Docket 1
NONE LISTED -
Debtor(s):
Antoine Daoud 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)))
(Cont. from 11/15/18)
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
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 10/25/18)
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
(Cont. from 11/15/18)
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
Hrg. on Confirmation of Second Amended chapter 11 plan
(To be held in Courtroom 6C, 411 West Fourth Street, Santa Ana, CA 92701)
Docket 0
- NONE LISTED -
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Hrg. on creditor Havasu Lakehore Investments, LLC Motion filed 1/10/19 to Strike Supplemental Declarations of Terry L. Fleming, Jr. and Michael J. Vanderley
Docket 272
- NONE LISTED -
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 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
Hrg. on Debtor's Motion filed 1/24/19 to Assume Lease or Executory Contract (OST signed on 1/29/19)
Docket 7
No tentative ruling.
Debtor(s):
RFS Sports, Inc. Represented By Javier H Castillo
9:00 AM
Adv#: 8:17-01144 Itria Ventures, LLC v. Ervin
TRIAL RE: Complaint Objecting To Dischargeability Of Debt (Complaint filed 8/30/17) (PTC set at S/C held 6/27/18) (Trial set at P/C held 11/28/18)
FR: 11-22-17; 3-7-18; 6-27-18; 11-28-18
Docket 1
- NONE LISTED -
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
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 9-12-18; 10-24-18
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: 10-24-18; 11-16-18; 1-9-19
Docket 27
- NONE LISTED -
Debtor(s):
Marc James Cooperstein Represented By Tina H Trinh
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 FR: 12-12-18; 1-9-19
Docket 20
- NONE LISTED -
Debtor(s):
Lovert B. Hogai Represented By Matthew D. Resnik
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-12-18; 1-9-19
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
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 1-9-19
Docket 2
- NONE LISTED -
Debtor(s):
Robert Matthew Coburn Represented By Heather J Canning
Joint Debtor(s):
Sharon Ann Young Represented By Heather J Canning
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 1-9-19
Docket 18
- NONE LISTED -
Debtor(s):
Barbara Jo O'Brien 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):
Victor Gonzales Represented By Scott Dicus
Joint Debtor(s):
Angelita Gonzales Represented By Scott Dicus
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 5
- NONE LISTED -
Debtor(s):
Twyla Renee Channel Represented By Kahlil J McAlpin
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 10
- NONE LISTED -
Debtor(s):
Shahyar Zahedi Represented By Anerio V Altman
Joint Debtor(s):
Shannon Denise Zahedi Represented By Anerio V Altman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 6
- NONE LISTED -
Debtor(s):
Kirolous A. Awad Represented By Tina H Trinh
Joint Debtor(s):
Maria Awad Represented By
Tina H Trinh
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 13
- NONE LISTED -
Debtor(s):
Manuel Quintero Albrizo Represented By Jaime A Cuevas Jr.
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Deena Cousar Brown Represented By Brad Weil
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 21
- 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 13
- NONE LISTED -
Debtor(s):
Stephen Lawrie Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Malaquias Lopez 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):
Jason Nolan Pro Se
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 11/7/18) FR: 1-9-19
Docket 161
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE 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
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 11/8/18)
(Opposition filed 11/24/18)
Docket 37
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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
3:00 PM
CONT'D Hearing RE: Motion For Order Disallowing Claim:
Claim No. 6 Department Of Treasury $165,232.41 Internal Revenue Service
FR: 1-9-19
Docket 30
In view of the partial government shutdown, at the request of the IRS, the Court will continue this hearing. If this matter has settled, the Court will ask the parties to describe the settlement.
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
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 1/8/19) (Set Per Notice And Opposition filed 1/29/19)
Docket 65
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 Jaime A Cuevas Jr.
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 8:17-01144 Itria Ventures, LLC v. Ervin
CONT'D TRIAL RE: Complaint Objecting To Dischargeability Of Debt (Complaint filed 8/30/17) (PTC set at S/C held 6/27/18)
(Trial set at P/C held 11/28/18)
FR: 11-22-17; 3-7-18; 6-27-18; 11-28-18; 2-6-19
Docket 1
- NONE LISTED -
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
Hearing RE: Motion To Continue February 25, 2019 Claim Objection Hearing
(1) Until The District Court's Determination Of The Trustee's Substitution Motion Or (2), Alternatively, To Provide The Baek Parties Sufficient Time To Seek Relief In The District Court
(Motion filed 2/1/19)
(Set per OST Entered 2/4/19)
Docket 337
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
Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation, Servicing Agent For Toyota Lease Trust vs. DEBTOR
(Motion filed 1/17/19)
[RE: 2016 Lexus CT200H - VIN No.: JTHKD5BH4G2256880]
Docket 32
The Court will grant the motion under § 362(d)(1) and (d)(2) and terminate the co- debtor stay.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jo Mabel Arias Represented By Edward T Weber
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Santander Bank, N.A., And Its Successors And/Or Assignees vs. DEBTOR (Motion filed 1/18/19)
[RE: 6 Janes Cove Road, Edgartown, MA 02539]
Docket 231
The Court will grant the motion under § 362(d)(2) only.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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: Motion For Leave To Withdraw As Counsel For Mohammad Ali Kharazmi
(Motion filed 1/7/19)
Docket 47
- NONE LISTED -
Debtor(s):
Mohammad Ali Kharazmi Represented By Leonard Pena
2:00 PM
Hearing RE: Motion By United States Trustee To Dismiss Or Convert Case Pursuant To 11 U.S.C. Section 1112(b)
(Motion filed 12/21/18)
Docket 18
The Court will grant the U.S. Trustee's motion.
The Court will ask the U.S. Trustee, and secured creditor HSBC Bank, trustee, whether the case should be dismissed or converted to Chapter 7.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
David K Toyota Pro Se
9:00 AM
Hrg. on Motion by Glaser Weil Fink Howard Avchen & Shapiro LLP to Withdraw as special counsel to the trustee
Docket 2483
- NONE LISTED -
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 Peter M Bransten Aleksandra Zimonjic Monica Rieder
Lisa N Nobles Peter J Gurfein
9:00 AM
Paul Hastings Roye Zur Amy Evans
Best Best & Krieger Franklin C Adams Thomas J Eastmond
9:00 AM
Dillon Miller & Ahuja, LLP - movant attorney Motion for Relief from Stay
US Bank National Association vs. DEBTORS (Motion filed 1/10/19)
Re: ACTION IN NON-BANKRUPTCY FORUM RE: 5305 Bain Street, Mira Loma, CA 91752
(Tele. appr. Timothy Dillon, rep. U.S. Bank)
Docket 80
The Court will grant the request for judicial notice. The Court will grant the motion under § 362(d)(1).
MOVANT 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
9:00 AM
Trustee(s):
Robert Whitmore (TR) Represented By Caroline Djang
9:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Wells Fargo Bank vs. DEBTORS (Motion filed 1/10/19)
Re: 5305 Bain Street, Mira Loma, CA 91752
(Tele. appr. Austin P. Nagel, rep. creditor, Wells Fargo Bank)
Docket 79
The Court will grant the motion under § 362(d)(1).
MOVANT 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 Caroline Djang
9:00 AM
Sissac Legal Group P.C. - movant attorney Motion for Relief from Stay
Capital One Auto Finance vs. DEBTORS (Motion filed 1/15/19)
Re: RE: 2014 NISSAN Altima 2.5 S Sedan 4D
Docket 40
The Court will grant the motion under § 362(d)(2) only.
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
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, Charles W. Daff, trustee (Motion filed 1/11/19)
Re: 2017 Dodge Ram 1500, VIN 1C6RR7MT7HS795016
Docket 10
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Albert Ryan Jernegan Represented By Robert L Firth
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, John P. Pringle, trustee (Motion filed 1/18/19)
Re: 2012 Volkswagen Jetta, VIN: 3VW2K7AJ7CM327609
Docket 7
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Destiny Reanna Smith Represented By Robert W Ripley
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, Charles W. Daff, trustee (Motion filed 1/17/19)
Re: 2018 Ford Escape, VIN: 1FMCU0GD3JUA04575
Docket 8
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Afra Y Saad Represented By
Paul Y Lee
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Messina & Hankin, LLP - movant attorney Motion for Relief from Stay
James A. Sanchez Jr vs. DEBTOR (Motion filed 1/15/19)
Re: Sanchez et al vs. Klinton Inc, et al, docket no MCC 1700272
(Tele. appr. Evan L. Smith, rep. movant, James Sanchez)
Docket 8
The Court will overrule Debtor's evidentiary objections. The Court will grant Debtor's request for judicial notice.
The Court will grant the motion under § 362(d)(1) so that the state court can proceed to liquidate claims against the Debtor.
Further, the Court will grant annulment and waive the 14-day stay. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Hassan Mehtar Represented By
Sunil A Brahmbhatt
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
9:00 AM
Law Office of Julian Bach - movant attorney Motion for Relief from Stay
Rebecca Munoz, as Administrator of the Estate of Alejandro De Jesus Munoz vs. DEBTOR
(Motion filed 1/22/19)
Re: 15985 Hawthorne Avenue, Fontana, California 92335
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):
Pauline Copas Represented By Neil R Hedtke
Movant(s):
REBECCA MUNOZ, as Represented By Julian K Bach
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 1/22/19 for Order: (1) Approving the Sale of Real Property of the Estate Free and Clear of Liens Pursuant to 11 U.S.C. §§ 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 66
The Court will grant the motion; however, minimum bid increments in the event of an overbid shall be $5,000 instead of $1,000.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Paul Gregory Katona Represented By Douglas A Plazak
Joint Debtor(s):
Gail Marie Katona Represented By Douglas A Plazak
Trustee(s):
John P Pringle (TR) Represented By Lynda T Bui Rika Kido Brianna L Frazier
2:00 PM
Hrg. on Motion by Chapter 7 Trustee filed 1/16/19 to Disallow any Exemption Claimed in Real Property Recovered By the Trustee re: 474 & 476 S. Eastern Ave., Los Angeles, CA 90022
Docket 44
The Court will grant the motion and disallow the exemption in its entirety.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ruben Valdivia Pro Se
Trustee(s):
Larry D Simons (TR) Represented By Frank X Ruggier
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 1/18/19 compelling turnover of unscheduled estate property and documents
Docket 42
The Court will grant the motion.
CHAPTER 7 TRUSTEE 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
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
2:00 PM
Hrg. on Motion of Trustee for Order: (1) Disallowing Debtors Amended Homestead Exemption; and (2) Allowing Debtor a Homestead Exemption in a Reduced Amount and as to a Portion of Land and One Mobile Home
Docket 50
The Court grants the Trustee’s request for judicial notice. The Court grants the Debtor’s request for judicial notice.
The Court will deny the motion without prejudice as to the horse corrals. Fences for holding horses would seem on first impression to be appurtenant to the land and therefore would appear to be part of the homestead. In any event, the Trustee, having the burden of proof by a preponderance of the evidence, has not made a sufficient showing that the horse corrals are not part of the homestead for purposes of California homestead exemption law or that the renting of appurtenant property removes that property from the scope of the homestead exemption. (For example, consider a case where a person in an ordinary California suburb lives in a house and rents a standalone garage on the same lot to a third party. Does this take the garage out of the homestead exemption?)
The Trustee would seem to have a stronger argument that the Jayco travel trailer and the other mobile home, rented by Ernesto Lopez, that has an address of 22982 Deprad, Perris, California fall outside the scope of the homestead exemption. However, the Trustee has failed to show through a citation of applicable case and statutory authorities that California law excludes these properties from the scope of the homestead exemption. This aspect of the motion is also denied without prejudice.
The Trustee has failed to rebut Debtor’s sworn testimony through her Declaration that
2:00 PM
she suffers from various symptoms and side effects associated with HIV and the medication needed to inhibit the progression of HIV. These symptoms include chronic exhaustion and fatigue, severe headaches, aching muscles and joint pain. The Trustee has failed to show that Debtor does not suffer from these conditions or that, notwithstanding these conditions, Debtor is able to hold down and perform a full-time job or that Debtor is not a person who is "physically or mentally disabled who as a result of that disability is unable to engage in substantial gainful employment."
Although the Trustee emphasizes that Debtor has substantial rental income from the trailers and the horse corrals on her property, the plain language of California Code of Civil Procedure 704.730(a)(3)(B) contains no carve out that would deprive an otherwise disabled individual from the benefits of the enhanced exemption merely because such individual has income from other sources besides gainful employment.
The aspect of the motion in which the Trustee argues that the enhanced exemption should be denied because Debtor is able to engage in substantial gainful employment or that her rental income should be taken into account in determining eligibility for the enhanced exemption is denied with prejudice.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Julio Melchor Menendez Represented By John F Brady
Trustee(s):
Karl T Anderson (TR) Represented By Robert A Hessling
9:00 AM
Adv#: 8:17-01202 Official Committee Of Unsecured Creditors v. Central Ink Corporation
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 6-6-18)
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):
Central Ink Corporation Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01211 Official Committee Of Unsecured Creditors v. RDI Marketing Services, 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 6/6/18)
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):
RDI Marketing Services, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Adv#: 8:18-01069 Marshack et al v. Biden
CONT'D 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]
FR: 12-19-18; 1-23-19
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
9:00 AM
Adv#: 8:18-01069 Marshack et al v. Biden
CONT'D STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's First Amended 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
(First Amended Complaint filed 12/14/18) FR: 1-23-19
Docket 27
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
9:00 AM
Trustee(s):
Timothy C Aires
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 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 57
NONE LISTED -
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 Ryan D ODea
9:00 AM
9:00 AM
Adv#: 6:18-01236 Fleming, Sr v. Havasu Lakeshore Investments
STATUS CONFERENCE re: complaint to determine validity, priority and extent of liens(s), for Declaratory Relief, and for Equitable Subordination
Docket 0
NONE LISTED -
The Court will issue a scheduling order:
All discovery shall close on August 31, 2019.
All discovery motions shall be heard before September 30, 2019.
All pretrial motions shall be heard before October 31, 2019.
Pretrial conference is set for November 7, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Defendant(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
Gregory M. Garrison
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
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 1/10/19)
Docket 1
NONE LISTED -
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 Samuel A Moniz
Trustee(s):
Charles W Daff (TR) Represented By
9:00 AM
Cathrine M Castaldi Samuel A Moniz
9:00 AM
Adv#: 6:17-01273 Havasu Lakeshore Investments v. Fleming, Jr et al
PRE-TRIAL 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., ] (Tele. appr. Martin Eliopulos, rep. Havasu)
Docket 0
NONE LISTED -
Local Bankruptcy Rule 7016-1c(2) provides in relevant part that "plaintiff must serve the proposed pretrial stipulation in such manner so that it will actually be received by the office of counsel for all other parties . . . not later than 4 p.m. on the 7th day prior to the last day for filing or lodging . . the proposed pretrial stipulation."
Here, the last day for filing the proposed pretrial stipulation (or order) was February 7, 2019 -- 14 days before the February 21 pretrial conference. LBR 7016-1(b)(1)(B).
Seven days before February 7 is Thursday, January 31, 2019. Thus, plaintiff was required to serve a copy of the proposed pretrial stipulation or order on defendant Fleming, Sr. on or before January 31, 2019.
The Declaration of James E. Till Pursuant to Local Rule 7016-1e(2), Docket No. 54,
9:00 AM
filed February 7, 2019, states that counsel for plaintiff did not serve a draft pretrial stipulation on defendant’s counsel "until after 2:00 p.m. on Tuesday, February 5, 2019" – six days late, in other words.
Unless countervailing evidence is presented to the Court, the Court will determine that plaintiff Havasu Lakeshore Investments, LLC has materially failed to comply with Local Bankruptcy Rule 7016-1c(2). The Court previously warned the parties, both orally and in writing, that a material failure to comply with this Local Bankruptcy Rule could lead the Court to impose severe sanctions, such as entry of a judgment of dismissal or the striking of the answer and the entry of a default.
The Court will forbear from imposing such a severe sanction here. However, the Court will accept and approve for entry the proposed pretrial order lodged by defendant Fleming, Sr.
Defendant Fleming, Sr.’s chapter 11 case has essentially boiled down into a two party- dispute between Mr. Fleming and certain members of his family on one hand and Havasu Lakeshore Investments, LLC on the other hand. Before the parties embark on an expensive and time-consuming continuation of the chapter 11 case and related adversary proceedings, it may be worthwhile to take a step back and consider whether all these disputes can be resolved through mediation. The Court will consider staying the chapter 11 case and related adversary proceedings to allow mediation to take place and conclude and will ask the parties for their views on the merits of mediation.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Terry Lee Fleming Sr Represented By James E Till
Havasu Landing LLC Represented By
9:00 AM
Michael B Reynolds
Patricia Wilson-Fleming Represented By Randall S Waier
Terry Lee Fleming Jr Represented By Michael B Reynolds
Plaintiff(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 10/25/18)
Docket 0
NONE LISTED -
The Court will continue the status conference to March 14, 2019 at 2:00 p.m. No status report is required for this status conference.
COURT TO PREPARE ORDER.
Debtor(s):
Sunpro Solar Inc. Represented By
Robert B Rosenstein
9:00 AM
Adv#: 6:18-01229 Grobstein v. Humphries
STATUS CONFERENCE re: Complaint by Howard B. Grobstein against Suzanne Humphries. (Charge To Estate). ($350.00) - Complaint for: (1) Avoidance of Fraudulent Transfer; (2) Recovery of Avoided Transfers; (3) for Declaratory Relief; and (4) Turnover of Property - Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))
Docket 1
NONE LISTED -
The Court will order this adversary proceeding into mediation. The parties shall file a mediation stipulation and lodge a proposed order thereon on or before March 31, 2019.
Next status conference: June 20, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Shelly Lynn Tholander-Turner Represented By Robert L Firth
Defendant(s):
Suzanne Humphries Represented By George A Bilal
9:00 AM
Plaintiff(s):
Howard B. Grobstein Represented By Anthony A Friedman
Trustee(s):
Howard B Grobstein (TR) Represented By Anthony A Friedman
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 1/24/19)
Docket 0
NONE LISTED -
No tentative ruling.
Debtor(s):
Littlefield Physical Therapy, Inc. Represented By
Evan L Smith
9:00 AM
Adv#: 6:18-01221 Hardt, Jr v. Hamzey, Jr. et al
Hrg. on Defendants' Motion to Dismiss Adversary Proceeding
Docket 15
NONE LISTED -
The Court will grant the motion with limited leave to amend on or before March 21, 2019.
Only a trustee can bring an action under 11 U.S.C. § 548. This count of the complaint is dismissed without leave to amend.
As to the remainder of the complaint, the plaintiff fails to allege that Pacific Shores Escrow is a sole proprietorship or that defendant would otherwise be liable for its acts.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Defendant(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Marie Ann Hamzey Represented By Daniel C Sever
9:00 AM
Joint Debtor(s):
Marie Ann Hamzey Represented By Daniel C Sever
Movant(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Marie Ann Hamzey Represented By Daniel C Sever
Plaintiff(s):
William Joseph Hardt Jr Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on approval Reaffirmation Agreement filed 12/26/18 Between Debtor and Golden 1 Credit Union, in the amount of $27,872.62
Re: 2017 Honda Accord
Docket 13
NONE LISTED -
NONE LISTED -
Debtor(s):
Ivan Villalpando Represented By Todd L Turoci
Joint Debtor(s):
Fernanda Villalpando Represented By Todd L Turoci
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and OneMain Financial, in the amount of $11,277.13
Re: 2012 Honda CR-V
Docket 14
NONE LISTED -
The Court will disapprove the agreement as not in Debtors' best interest. COURT TO PREPARE ORDER.
Debtor(s):
Robert Daniel Cox Represented By Ronald W Ask
Joint Debtor(s):
Sally Ann Cox Represented By Ronald W Ask
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and OneMain Financial, in the amount of $25,773.20
Re: 2012 Honda Odyssey
Docket 15
NONE LISTED -
The Court will disapprove the agreement as not in Debtors' best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Robert Daniel Cox Represented By Ronald W Ask
Joint Debtor(s):
Sally Ann Cox Represented By Ronald W Ask
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and CarFinance Capital a Flagship Credit Company, in the amount of $9,929.54
Re: 2016 Hyundai Elantra
Docket 23
NONE LISTED -
The Court will disapprove the agreement as not in Debtors' best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Cristine Carolyn Foster Pro Se
Joint Debtor(s):
Kevin Maurice Foster Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 1/14/19 Between Debtor and Toyota Motor Credit Corporation, in the amount of $7,274.82
Re: 2013 Toyota Corolla
Docket 10
NONE LISTED -
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Josue Waldemar Palencia Diaz Represented By Marlin Branstetter
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Ford Motor Credit Corporation vs. DEBTOR, And Thomas H. Casey, Trustee (Motion filed 1/8/19)
[RE: 2016 Ford F150 - VIN No.: 1FTEW1CG9GKE16744]
Docket 9
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Anthony Lee Montoya Represented By James P Doan
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 1/9/19)
(OST Denied 1/10/19)
Docket 28
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
9:00 AM
Motion for relief from stay [Real Property]
U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee For The RMAC Trust, Series 2016-CIT vs. DEBTORS
(Motion filed 1/24/19)
[RE: 25622 Chrisanta Drive, Mission Viejo, California 92691]
Docket 43
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael Carlisle Represented By Julie J Villalobos
Joint Debtor(s):
Elizabeth Carlisle Represented By Julie J Villalobos
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 1/23/19)
[RE: 754 S. Stone Harbor Circle, No.8, La Habra, California 90631]
Docket 49
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Crystal Evette Cullors Represented By Julie J Villalobos
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 Hilldale Trust vs. DEBTOR
(Motion filed 1/28/19)
[RE: 835 Amigos Way, No. 15, Newport Beach, CA 92660-4563]
Docket 98
The Court will grant the motion under § 362(d)(1).
MOVANT 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
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 1/29/19)
[RE: 405 N. Seranado Street, Orange, CA 92869]
Docket 6
The Court will grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Gabriel Garcia Represented By Jaime A Cuevas Jr.
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Wilmington Trust, National Association, Not In Its Individually Capacity, But Solely As Trustee For MFRA Trust 2016-1, Its Assignees And/Or Successors vs. DEBTOR
(Motion filed 1/30/19)
[RE: 22496 Lake Forest Lane, Lake Forest, CA 92630]
Docket 42
The Court will grant the motion under § 362(d)(1).
MOVANT 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
9:00 AM
Motion In Individual Case For Order Confirming Termination Of Stay Under 11
U.S.C. 362(c)(3) Or That No Stay Is In Effect Under 11 U.S.C. 362(c)(4)(A)(ii) (Motion filed 1/31/19)
Docket 10
No tentative ruling.
Debtor(s):
Heriberto Marin Represented By Frank P Peterson
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property] Motion filed 1/31/19)
[RE: 80 Grant, Irvine, CA 92620-3356]
Docket 11
- NONE LISTED -
Debtor(s):
Marsha Loraine Lewis Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from the automatic stay [REAL PROPERTY]
Lakeside Park Community Association vs. DEBTOR (Motion filed 2/4/19)
[RE: 24806 Lakefield Street - Lake Forest, CA 92630]
Docket 46
- NONE LISTED -
Debtor(s):
Lovert B. Hogai Represented By Matthew D. Resnik
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order Disallowing Claim Pursuant To 11 U.S.C. Section 502
(Motion filed 1/15/19):
Claim No. 14-2 Dan Halvorson $519,079.10
Docket 331
- 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 To Reconsider Order Entered On November 30, 2018 On Partners Investment, Motion To Extend Deadline To File Complaint For Nondischargeability Of Debt
(Motion filed 11/30/18)
(Set per Order Entered 1/8/19)
Docket 186
The Court will grant the Supplemental Request for Judicial Notice filed by creditor Eastwest Partners Investment, LLC ("Eastwest").
By order filed and entered August 31, 2018 (the "August 31 Order), the Court extended the deadline for filing an adversary complaint under 11 U.S.C. § 523 against chapter 7 debtor Chester Davenport ("Debtor") to October 27, 2018. At the eleventh hour, Eastwest filed a motion on October 27, 2018 for a 30 day extension of time to file a complaint against Debtor under 11 U.S.C. § 523, citing Federal Rule of Bankruptcy Procedure 4004(b) in support thereof – thus confusing the distinction between a complaint seeking relief under 11 U.S.C. § 523 with a complaint seeking relief under 11 U.S.C. § 727. The Court denied the motion because it lacked proper support.
Eastwest argues that what occurred was a mere typographical error and that it should be afforded reconsideration relief under Rule 60(b) based upon excusable neglect.
Eastwest asserts that it prepared its motion in haste, leading it to mistakenly cite in support of its motion Federal Rule of Bankruptcy Procedure 4004(b) instead of Federal Rule of Bankruptcy Procedure 4007(c).
It is clear to the Court that what occurred was not the slip of a finger of a person using
2:00 PM
a word processor-computer but instead a misreading by Eastwest of the Federal Rules of Bankruptcy Procedure. Such a misreading, nevertheless, could well constitute excusable neglect and provide a basis for the Court to reconsider its order denying Eastwest’s motion. The Court can understand how a party acting in great haste to meet the October 27, 2018 deadline could make such an error.
Accordingly, the Court grants the motion for reconsideration and extends the deadline for Eastwest to commence a section 523 action against Debtor by a period of 30 days from October 27, 2018.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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: Motion For (i) Deferral Of Consideration Of Debtor's Attorney's Fees And Costs; And (ii) Approval Of Statement Of Evidence
(Motion filed 12/13/18) FR:1/28/19
Docket 108
- NONE LISTED -
Debtor(s):
QDOS, Inc Represented By
Damian D Capozzola
2:00 PM
Hearing RE: Motion For Clarification Of The Confirmed Chapter 11 Plan (Motion filed 1/23/19)
Docket 268
Debtor Hector A. Alvarado ("Debtor") and the predecessor in interest of creditor Wells Fargo Home Mortgage ("Wells Fargo") entered into a stipulation on or about September 16, 2013 providing for the treatment under a chapter 11 plan of Wells Fargo’s secured claim. Pursuant to the stipulation, Wells Fargo was to have a secured claim of $315,000 and to be paid in full at 5 percent per annum interest, amortized over 30 years. The Stipulation also contained a provision that the terms of the stipulation could not be modified, altered or changed by the chapter 11 plan or any order confirming the plan.
The Court approved the stipulation by order filed and entered September 17, 2013 but added an important proviso: the chapter 11 plan could not simply incorporate the terms of the stipulation (or the order approving the stipulation) by reference but instead "must set forth the terms of the Stipulation in the plan of reorganization in haec verba (it being the Court’s intention that any person reading the plan of reorganization will be able to understand the treatment of Class 5(f) without having to obtain and review any writing outside the plan of reorganization)."
Debtor’s Fourth Amended Plan set forth the treatment of Wells Fargo’s claim in haec verba but in a manner different than that set forth in the stipulation. Specifically, Wells Fargo was to have a secured claim of $265,000 to be amortized over 30 years at
4.5 percent interest. The Court confirmed the Fourth Amended Plan on October 18, 2013. The Court entered an order discharging the Debtor and closing the bankruptcy
2:00 PM
case on February 25, 2016.
Wells Fargo now moves for an order "clarifying" the terms of the confirmed chapter 11 plan to increase the amount of its secured claim from $265,000 to $315,000 and increasing the interest rate from 4.5 percent to 5 percent. Wells Fargo argues that Debtor violated contract law when he unilaterally altered the plan terms in the Fourth Amended Plan.
11 U.S.C. § 1127(b) permits the modification of a confirmed chapter 11 plan only if the plan has not yet been substantially consummated. Here, there is no question but that the plan was substantially consummated years ago and that the time is long past where a motion to modify could be properly entertained. Wells Fargo essentially concedes these points and therefore asks for a clarification of the plan as opposed to a modification.
The terms of the Fourth Amended Plan as concern Wells Fargo are clear and unambiguous. There is nothing to "clarify." Wells Fargo had a full and fair opportunity to challenge the treatment of its claim at the time the Court held the plan confirmation hearing. It failed to do so.
The Motion is denied.
COURT TO PREPARE ORDER.
Debtor(s):
Hector Antonio Alvarado Represented By Michael D Franco
2:00 PM
Hearing RE: Motion In Individual Chapter 11 Case For Order Authorizing Use Of Cash Collateral
(Motion filed 1/25/19)
Docket 12
No tentative ruling.
Debtor(s):
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
9:00 AM
Vanlochen & Associates LLP - movant attorney Motion for Relief from Stay
Nissan Motor Acceptance Corporation vs. DEBTOR (Motion filed 1/17/19)
Re: 2015 NISSAN ALTIMA, VIN # 1N4AL3AP2FC598162
Docket 20
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Domingo Corona Represented By Daniel King
Trustee(s):
John P Pringle (TR) Pro Se
9:00 AM
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
U.S. Bank National Association vs. DEBTORS (Motion filed 2/5/19)
Re: 9 Bella Donaci, Lake Elsinore, California 92532
Docket 29
- NONE LISTED -
Debtor(s):
Wayne Morris Represented By Michael A Cisneros
Joint Debtor(s):
Celia Morris Represented By
Michael A Cisneros
Trustee(s):
Todd A. Frealy (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))
(Cont. from 12/4/18)
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
2:00 PM
James Husen
Plaintiff(s):
Western Union Financial Services, Represented By
Ross A Spector
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 2/5/19 for Order Compelling Turnover of Property of the Estate
Docket 39
The Court will grant the motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Daniel Lawrence Cohen Represented By Robert L Firth
Trustee(s):
John P Pringle (TR) Represented By
D Edward Hays
2:00 PM
Hrg. on Trustee's Motion filed 1/4/19 for Order Compelling Turnover of Estate Property and Documents
(Cont. from 1/29/19)
Docket 98
The Court will grant the motion but require the Trustee to keep confidential attorney- client communications absent further order of the Court.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Timothy David Murphy Represented By Timothy D Murphy
Trustee(s):
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
2:00 PM
Hrg. on Debtor's Motion filed 1/5/19 to Convert Case From Chapter 7 to 13
Docket 39
At the February 12, 2019 hearing on the Trustee's objection to Debtor's increased homestead exemption, counsel for the Trustee announced that he would be withdrawing his opposition to the current motion.
The Court will grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Julio Melchor Menendez Represented By John F Brady
Trustee(s):
Karl T Anderson (TR) Represented By Robert A Hessling
2:00 PM
Hrg. on United States Trustee's Motion filed 2/1/19 to Appointment Patient Care Ombudsman
Docket 54
The Court will grant the motion.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Littlefield Physical Therapy, Inc. Represented By
Evan L Smith
2:00 PM
Hrg. on Debtor's Motion filed 11/26/18 to convert case to chapter 13
Docket 0
The Court will grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Cort R. Collins Represented By James T Lillard
Joint Debtor(s):
Rita Collins Represented By
James T Lillard
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Hrg. on Chapter 7 Trustee's Motion filed 2/1/19 for Order extending the Deadline to Assume or Reject Executory Contracts or, in the Alternative, to Assume Existing Unexpired Lease of Real Property
Docket 58
The Court will grant the motion and extend the deadline to assume or reject until May 31, 2019 and confirm that the subject Lease has not been assumed or rejected or deemed rejected.
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
Hrg. on Application filed 1/29/19 to Employ Javier H. Castillo as General Bankruptcy Counsel
Docket 23
- NONE LISTED -
Debtor(s):
RFS Sports, Inc. Represented By Javier H Castillo
2:00 PM
Hrg. on Debtor's Application filed 1/29/19 to Employ Javier H. Castillo as General Bankruptcy Counsel
Docket 14
- NONE LISTED -
Debtor(s):
Field Sport, Inc. Represented By Javier H Castillo
9:00 AM
Adv#: 8:17-01161 Martinez v. CV Investment Partners et al
Hearing RE: Motion For Defendants' Attorneys Fees And Costs To Be Added To Judgment
(Motion filed 12/10/18)
Docket 58
Plaintiff-debtor Felix Martinez ("Mr. Martinez") leased commercial property from defendant Michael Cargile and/or CV Investment Partners ("CV"). CV obtained a default judgment against Mr. Martinez in 2010 in the amount of $16,455.73 and recorded an abstract of judgment. About two years later, defendants recorded a lis pendens against Mr. Martinez’s home.
Mr. Martinez filed a bankruptcy petition under chapter 13 on July 25, 2014 and, on October 24, 2017, commenced an adversary proceeding by filing a complaint against defendants. The complaint alleged four claims for relief: a request for a declaratory judgment pursuant to 11 U.S.C. § 544(a)(3); a judgment determining that the abstract of judgment filed against Mr. Martinez’s house was void and unenforceable; expungement of the lis pendens; and a declaratory judgment establishing that the default judgment against Mr. Martinez was void.
The Court granted in part a defendants’ motion to dismiss, dismissing the first claim for relief under section 544(a)(3) and the fourth claim for relief on January 5, 2018. Discovery went forward, and the Court tried the remaining two counts of the complaint on October 30, 2018. The Court’s Memorandum Decision and Order, filed and entered November 28, 2018, granted judgment in favor of defendants on the second count and judgment in favor of Mr. Martinez on the third count, with attorneys’ fees being awarded to both parties with respect to the counts of the
9:00 AM
complaint on which they were the prevailing parties.
The Court awarded Mr. Martinez $2,000.00 in fees by order filed and entered January 22, 2019 ("complaint to avoid lien"). These fees, however, are part of a general chapter 13 fee approval under a RARA Fee Agreement and are to be paid by Mr.
Martinez, not defendants.
Now before the Court is defendants’ post trial motion for an award of $73,352.00 in fees and $707.10 in costs (the "Motion"). Mr. Martinez opposes the Motion, arguing that it is excessive and unreasonable to spend over $70,000 in defending a $16,455.17 default judgment. Additionally, Mr. Martinez (1) points to various line items on the defendants’ legal fees invoice that he believes are improper (2) contends that no contract with an attorney’s fees clause exists any longer (such contract having expired in 2007) and (3) argues that this adversary proceeding did not involve the contract in any event.
Defendants’ attorneys, Goe & Forsythe, LLP support the Motion with a declaration from Robert Goe, Esq. stating that defendants "made very reasonable offers to settle to which Debtor never even responded. It is my client’s and my position that all the attorneys’ fees were ‘self-inflicted’ by Debtor, who chose to bring on the litigation and refused to even engage in reasonable efforts to settle."
The law of the case rule applies here: the Court already determined in its Memorandum Decision and Order filed and entered November 28, 2018 that attorneys’ fees and costs are awardable under California Code of Civil Procedure sections 685.040 and 1032(A)(10). As has occurred all too often in this adversary proceeding, Mr. Martinez is once again persisting in arguing issues that were previously decided against him – a pattern and practice that occurred during trial as well as earlier in this adversary proceeding, multiplying defendants’ attorneys’ fees by forcing them to re-litigate issues they had already won. It is a material reason why defendants were forced to expend over $70,000 defending a complaint against them
9:00 AM
seeking a much smaller recovery.
For additional evidence of Mr. Martinez’s propensity to re-argue issues already decided and lost, reference can be made to page 4 of 10, lines 1-23 of the opposition to the Motion, where Mr. Martinez once again argues that the default judgment rendered by the state court against him in 2012 is null and void. That issue was decided against him over one year ago when the Court granted in part defendants’ motion to dismiss by order entered January 5, 2018.
An additional reason defendants’ attorneys’ fees are so high is that Mr. Martinez failed to respond to defendants’ settlement offers. This placed defendants in a position where they were forced to engage in expensive litigation. Evidence of defendants’ extensive efforts to settle this case – all fruitless because Mr. Martinez obstinately refused to negotiate and preferred to fight things out in court – can be found in Goe & Forsythe billing time entries relating to settlement on November 29, 2017, January 5, 2018, January 8, 2018, January 26, 2018, January 29, 2018, and March 19, 2018. These settlement efforts by defendants occurred early in the case, at a time when accrued attorneys’ fees (also known as "work in progress") were far lower than they are now, and when settlement likely would have been beneficial to all concerned. Having spurned such settlement overtures in favor of litigating to the hilt, Mr. Martinez now must bear the full consequences of his actions.
The Court will reduce Goe & Forsythe, LLP’s allowed fees by the following: $869 for 2.2 hours of legal work researching the lis pendens issue; and $118.50 for 0.3 hours of legal work in reviewing "debtors reorganization status report." The Court will also reduce fees by the $2,000 in discovery sanctions awarded to defendants because to do otherwise would be to permit a double recovery of fees.
For the foregoing reasons, the Court awards defendants $70,364.50 in attorneys’ fees and $707.10 in costs and to that extent grants the Motion.
MOVANTS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
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
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 8:18-01159 Marshack v. Sundara et al
Hearing RE: Motion To Dismiss Adversary Proceeding (Motion filed 1/11/19)
Docket 14
The Court will grant the motion and dismiss the action.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Patty Sundara Pro Se
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) Represented By Anerio V Altman
9:00 AM
Adv#: 8:18-01078 Heritage Law LLP v. Isaly
CONT'D PRE-TRIAL 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) (PTC set at S/C held 7/25/18)
Docket 1
The Court will continue the pretrial conference to March 13, 2019 at 2:00 p.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 Anthony B Vigil
Plaintiff(s):
Heritage Law LLP Represented By Erik E Woodbury
9:00 AM
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:18-01148 Hernandez v. United States of America, by its agency Internal R
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Tax Liability
(Complaint filed 7/26/18)
(Another Summons issued 12/3/18) FR: 10-17-18; 1-16-19
Docket 1
- NONE LISTED -
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#: 8:18-01208 Eastwest Partners Investment, LLC v. Davenport
STATUS CONFERENCE Hearing RE: Eastwest Partners Investment, LLC's Complaint For Nondischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2) And Section 523(a)(6)
(Complaint filed 11/27/18)
(First Amended Complaint filed 1/16/19)
Docket 1
The Court will issue a scheduling order:
All discovery shall close on July 31, 2019.
All discovery motions shall be heard before August 31, 2019.
All pretrial motions shall be heard before September 30, 2019.
Pretrial conference is set for October 16, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Chester Davenport Pro Se
9:00 AM
Plaintiff(s):
Eastwest Partners Investment, LLC Represented By
Stella A Havkin
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
9:00 AM
Adv#: 8:18-01208 Eastwest Partners Investment, LLC v. Davenport
Hearing RE: Defendant Chester C. Davenport's Motion To Dismiss Plaintiff's First Amended Complaint For Failure To State A Claim Upon Which Relief Can Be Granted Pursuant to Federal Rules Of Civil Procedure 12(b)(6)
(Motion filed 1/30/19)
Docket 5
The Court will rule on Debtor's evidentiary objections.
The Court will deny the motion with prejudice. Plaintiff EastWest has demonstrated that it is in good standing in Nevada.
Regarding the § 523(a)(6) cause of action, movant has failed to make a sufficient showing that the facts alleged in the complaint do not state a caus of action for willful and malicious injury.
EASTWEST TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Chester Davenport Represented By Michael Jay Berger
Plaintiff(s):
Eastwest Partners Investment, LLC Represented By
9:00 AM
Trustee(s):
Stella A Havkin
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
9:00 AM
Adv#: 8:18-01194 Sun et al v. Davenport
Hearing RE: Defendant Chester C. Davenport's Motion To Set Aside Default Pursuant to Federal Rules Of Civil Procedure 55(c)
(Motion filed 1/22/19)
Docket 20
- NONE LISTED -
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Chester C. Davenport Represented By Michael Jay Berger
Plaintiff(s):
Bianca Sun Pro Se
Yanyu Sun Pro Se
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; 11-14-18
Docket 0
This matter will go forward as a status conference only.
The Court will inquire as to the status of Debtor's motion for order clarifying scope of the automatic stay in the Point.360 case pending before Judge Julia Brand. The Court will inquire whether any of the provisions in the apparently competing plans of reorganization filed in the Point.360 case by Point.360 or by Medley affect or have a bearing on Point.360's alleged ownership of these causes of action or the outcome of the automatic stay scope clarification issue.
Debtor(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
This matter will go forward as a status conference only.
The Court will inquire as to the status of Debtor's motion for order clarifying scope of the automatic stay in the Point.360 case pending before Judge Julia Brand. The Court will inquire whether any of the provisions in the apparently competing plans of reorganization filed in the Point.360 case by Point.360 or by Medley affect or have a bearing on Point.360's alleged ownership of these causes of action or the outcome of the automatic stay scope clarification issue.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
Defendant(s):
Danielle Barkat Turner Represented By David L. Neale
9:00 AM
Sivan Barkat Sherman Represented By David L. Neale
Sidan Engineering, L.P. Represented By David L. Neale
Modern VideoFilm Holdings, LLC Represented By
Juliet Y Oh David L. Neale
Moshe Barkat Represented By Juliet Y Oh David L. Neale
Hugh Miller Represented By
David L. Neale
Deborah Barkat 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: 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
This matter will go forward as a status conference only.
The Court will inquire as to the status of Debtor's motion for order clarifying scope of the automatic stay in the Point.360 case pending before Judge Julia Brand. The Court will inquire whether any of the provisions in the apparently competing plans of reorganization filed in the Point.360 case by Point.360 or by Medley affect or have a bearing on Point.360's alleged ownership of these causes of action or the outcome of the automatic stay scope clarification issue.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
Defendant(s):
Modern VideoFilm Holdings, LLC Represented By
Juliet Y Oh David L. Neale
9:00 AM
Moshe Barkat Represented By Juliet Y Oh David L. Neale
Hugh Miller Represented By
David L. Neale
Deborah Barkat Represented By David L. Neale
Danielle Barkat Turner Represented By David L. Neale
Sivan Barkat Sherman Represented By David L. Neale
Sidan Engineering, L.P. 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: 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) FR: 12-19-18
Docket 88
This matter will go forward as a status conference only.
The Court will inquire as to the status of Debtor's motion for order clarifying scope of the automatic stay in the Point.360 case pending before Judge Julia Brand. The Court will inquire whether any of the provisions in the apparently competing plans of reorganization filed in the Point.360 case by Point.360 or by Medley affect or have a bearing on Point.360's alleged ownership of these causes of action or the outcome of the automatic stay scope clarification issue.
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
9:00 AM
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 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
Adv#: 8:18-01213 Arthur J. Gallagher & Co. v. Barrie
STATUS CONFERENCE RE: Complaint To Determine Nondischargability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2) And 523(a)(6)
(Complaint filed 12/3/18)
Docket 1
The Court will approve the Stipulation for Immediate Entry of Judgment and will approve the form of Judgment for entry.
Debtor(s):
Angela K. Barrie Represented By Peter Rasla
Defendant(s):
Angela K. Barrie Pro Se
Plaintiff(s):
Arthur J. Gallagher & Co. Represented By Roger F Friedman
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 11/2/18)
FR: 1-9-19
Docket 1
- NONE LISTED -
Debtor(s):
David K Toyota Pro Se
9:00 AM
Adv#: 8:18-01083 B3 FIT, INC et al v. Isaly
Hearing RE: Motion To Reopen Discovery And Extend Pre-Trial Dates (Motion filed 2/6/19)
Docket 12
The Court will grant the motion.
The Court will vacate its scheduling order entered on August 4, 2018 and will issue a new scheduling order:
All discovery shall close on September 30, 2019.
All discovery motions shall be heard before October 31, 2019.
All pretrial motions shall be heard before November 30, 2019.
Pretrial conference is set forDecember 11, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
COURT TO PREPARE ORDER.
Debtor(s):
Alexander Mark Christian Isaly Represented By Anthony B Vigil Jeffrey G Jacobs
9:00 AM
Defendant(s):
Alexander Mark Christian Isaly Represented By Jeffrey G Jacobs Anerio V Altman
Joint Debtor(s):
Michele Leann Isaly Represented By 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
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Partners Federal Credit Union
(Motion filed 1/11/19)
[RE: 2013 Volkswagon Jetta - Amount: $9,595.46 [VIN No.: 3VWDPAJ7DM391354]
Docket 15
The Court will disapprove the agreement as not in Debtors' best interest. COURT TO PREPARE ORDER.
Debtor(s):
Juan Manuel Sierra Mendez Represented By Irma C Coler
Joint Debtor(s):
Maribel Sierra Represented By Irma C Coler
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union
(Motion filed 1/31/19)
[RE: 2014 Ford Fusion - Amount: $12,066.23]
Docket 11
The Court will disapprove the agreement as not in Debtor's best interest. COURT TO PREPARE ORDER.
Debtor(s):
Nina Trinada Guidangen Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Motion For Entry Of An Order (I) For Approving The Disclosure Statement; (II) Establishing Voting Record Date; (III) Approving Soliciation Packages And Distribution Procedures; (IV) Approving Form Of Ballots And Establishing Procedures For Voting On Plan Of Liquidation; (V) Approving Forms Of Notices To Non-Voting Classes Under Plan; (VI) Establishing Voting Deadline To Accept Or Reject Plan; (VII) Approving Procedures For Vote Tabulations; And (VIII) Establishing Confirmation Hearing Date And Notice And Objection Procedures Thereof
(Motion filed 12/5/18) FR: 1-23-19
Docket 606
- NONE LISTED -
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
2:00 PM
CONT'D Hearing RE: Debtor's Motion For An Entry Of An Order Barring, Estopping, Enjoining, Discharging And Deeming Waived The Claim Of The Internal Revenue Service For Certain Penalties Or, In The Alternative,
Determining Penalties Should Be Zero (Motion filed 12/20/18)
FR: 12-28-18; 1-23-19
Docket 611
- NONE LISTED -
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
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 12/6/18)
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
Hrg. on Plaintiff's Motion filed 2/4/19 to compel response to interrogatories, production of documents ,request for sanctions in the amount of $2,520.00, and request to extend the discovery cutoff date
Docket 65
The Court will grant the motion in part and deny it in part.
The Court will sustain Defendant’s objections to Requests for Production 1, 4, 7, 10, 11, 22 and 29. These Requests for Production are unbounded as to time and for that reason are overbroad and unreasonable. For example, Production Request 1 requires Defendant to produce "[a]ll Documents relating to the 1989 Corvette listed in your bankruptcy schedules." Assuming hypothetically that Defendant acquired this vehicle in 1989 and had an oil change performed in 1990, Defendant would be required to produce the bill or invoice for the oil change if he still has it in his possession. If Defendant has 200 boxes of documents in storage, he might need to check all 200 to find and produce the oil change bill from more than a quarter of a century ago. In other words, a huge amount of effort might be required to produce a document of little or no relevance to this adversary proceeding.
The Court will overrule Defendant’s objections to the balance of the Interrogatories and Requests for Production. These Interrogatories and Requests for Production are more narrowly drawn and are reasonable. Defendant shall respond on or before March 15, 2019.
The Court will not extend any other deadlines in this adversary proceeding. All such deadlines remain in place.
9:00 AM
The Court will impose sanctions against Defendant in the amount of $1,000.00, to be paid in full on or before March 15, 2019.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Timothy David Murphy Represented By Timothy D Murphy
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
Adv#: 6:18-01236 Fleming, Sr v. Havasu Lakeshore Investments
Hrg of Judgment Lien Creditor, Havasu Lakeshore Investments Inc Motion to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6)
(Cont. from 1/24/19)
Docket 4
The Court will inquire whether the parties have agreed to mediate and/or any terms ancillary to the mediation (such as the extension of deadlines and the continuance of hearings).
Defendant(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till
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 1/31/19)
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#: 6:17-01272 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 1/24/19)
Docket 0
The Court will inquire whether the parties have agreed to mediate and/or any terms ancillary to the mediation (such as the extension of deadlines and the continuance of hearings).
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
2:00 PM
Hrg. on Chapter 11 Status Conference (cont. from 1/24/19)
Docket 0
The Court will inquire whether the parties have agreed to mediate and/or any terms ancillary to the mediation (such as the extension of deadlines and the continuance of hearings).
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
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 1/24/19)
Docket 0
The Court will inquire whether the parties have agreed to mediate and/or any terms ancillary to the mediation (such as the extension of deadlines and the continuance of hearings).
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
2:00 PM
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
2:00 PM
Adv#: 6:17-01273 Havasu Lakeshore Investments v. Fleming, Jr et al
PRE-TRIAL 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 2/21/19)
Docket 0
The Court will inquire whether the parties have agreed to mediate and/or any terms ancillary to the mediation (such as the extension of deadlines and the continuance of hearings).
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
2:00 PM
Michael B Reynolds
Terry Lee Fleming Sr Represented By James E Till
Plaintiff(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
2:00 PM
Adv#: 6:18-01236 Fleming, Sr v. Havasu Lakeshore Investments
STATUS CONFERENCE re: complaint to determine validity, priority and extent of liens(s), for Declaratory Relief, and for Equitable Subordination
(Cont. from 2/21/19)
Docket 0
The Court will inquire whether the parties have agreed to mediate and/or any terms ancillary to the mediation (such as the extension of deadlines and the continuance of hearings).
Defendant(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
Gregory M. Garrison
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
Adv#: 6:18-01236 Fleming, Sr v. Havasu Lakeshore Investments
Hrg of Judgment Lien Creditor, Havasu Lakeshore Investments Inc Motion to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6)
(Cont. from 1/24/19)
Docket 4
The Court will inquire whether the parties have agreed to mediate and/or any terms ancillary to the mediation (such as the extension of deadlines and the continuance of hearings).
Defendant(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
Adv#: 6:18-01236 Fleming, Sr v. Havasu Lakeshore Investments
Hrg of Judgment Lien Creditor, Havasu Lakeshore Investments Inc Motion to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6)
(Cont. from 1/24/19)
Docket 4
The Court will inquire whether the parties have agreed to mediate and/or any terms ancillary to the mediation (such as the extension of deadlines and the continuance of hearings).
Defendant(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Deutsche Bank National Trust Company, As Trustee, On Behalf Of The Holders Of The Impac Secured Assets Corp., Mortgage Pass-Through Certificates Series 2004-3, Its Assignees And/Or Successors vs. DEBTOR
(Motion filed 12/3/18)
[RE: 1109 W 21st Street, Santa Ana, CA 92706]
FR: 1-14-19; 1-28-19
Docket 58
The Court will grant the motion under § 362(d)(1).
MOVANT 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
Motion for relief from the automatic stay [REAL PROPERTY
U.S. Bank Trust, N.A., As Trustee For LSF10 Master Participation Trust, By Caliber Home Loans, Inc., As Its attorney In Fact vs. DEBTOR
(Motion filed 2/6/19)
[RE: 24806 Lakefield Street, Lake Forest, CA 92630]
Docket 48
- NONE LISTED -
Debtor(s):
Lovert B. Hogai Represented By Matthew D. Resnik
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 2/14/19)
(OST Denied 2/15/19)
Docket 14
The debtors filed a case that was dismissed on January 14, 2019. In this situation, the automatic stay terminates as to a debt or property securing such debt or a lease on the 30th day after the filing of a later case within one year. 11 U.S.C. § 362(c)(3)(A).
Here, the petition was filed February 5, 2019, so the stay terminated on or about March 7, 2019. 11 U.S.C. § 362(c)(3) permits the Court to extend the stay, but only if a motion is brought and is heard within such 30 day period. A hearing on March 11, 2019 is beyond the 30 day period. Accordingly, the motion is denied. The Court confirms that no automatic stay is in effect as to any debt or any lease or any propety securing a debt.
COURT TO PREPARE ORDER.
Debtor(s):
Martin Andelman Represented By Nathan Fransen
Joint Debtor(s):
Stacey Andelman Represented By Nathan Fransen
9:00 AM
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Motion To Withdraw As Debtor's Bankruptcy Counsel (Motion filed 2/8/19)
Docket 252
The Court will grant the motion, conditioned upon Mr. Berger confirming the address of the Debtor and providing to the chapter 7 Trustee the current telephone and email address of the Debtor. The Court will inquire whether the Trustee regards the information provided by Mr. Berger in the reply as adequate.
MR. BERGER TO LODGE ORDER AFTER IT HAS BEEN APPROVED BY TRUSTEE NAYLOR.
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
Aldridge Pite LLP - movant attorney Motion for Relief from Stay
U.S. National Association vs. DEBTORS (Motion filed 2/5/19)
Re: 9 Bella Donaci, Lake Elsinore, California 92532
Docket 29
The Court will grant the motion under § 362(d)(1) and (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS
Debtor(s):
Wayne Morris Represented By Michael A Cisneros
Joint Debtor(s):
Celia Morris Represented By
Michael A Cisneros
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Zieve, Brodnax & Steele, LLP - movant attorney Motion for Relief from Stay
Freedom Mortgage Corporation vs. DEBTOR (Motion filed 2/13/19)
RE: 4081 Hueco Land Ln, El Paso TX 79938
Docket 12
Based on Debtor's intent to surrender the subject property as stated in the Schedules, the Court finds "cause" and grants the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Albert Ryan Jernegan Represented By Robert L Firth
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Prenovost, Normandin, Bergh & Dawe - movant attorney Motion for Relief from Stay
Yahama Motor Finance Corp. vs. DEBTOR (Motion filed 2/6/19)
Re: 2016 Yamaha YZFR6GCGY
Docket 9
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jonathan J Rodriguez Sanchez Represented By Daniel King
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Hrg. on Motion By United States Trustee filed 1/2/19 To Dismiss Case With A Re-Filing Bar
(Cont. from 1/29/19)
Docket 7
The Court will grant the motion and dismiss the case with a one-year bar to refiling.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Katherine Coronado Pro Se
Joint Debtor(s):
Edgar Arnoldo Monterroso Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
ACAR Leasing LTD vs. DEBTOR, Charles W. Daff, Trustee (Motion filed 2/12/19)
Re: 2017 Chevrolet Colorado, VIN: 1GCGSCEN8H1192482
Docket 10
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS
Debtor(s):
Stephen Todd Stires Represented By Patricia M Ashcraft
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Law Office of David I. Brownstein - movant attorney Motion for Relief from Stay
Austin Tarzana Group, LLC vs. DEBTOR (Motion filed 2/16/19)
Re: 558 W. Victoria Court, Lake Arrowhead, CA 92352
Docket 8
No tentative ruling.
Debtor(s):
Katherine Lee Rush Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Hrg. on Motion of Chapter 7 Trustee filed 2/15/19 to Approve: (A) Settlement and Mutual Release Agreement; (B) Employment of Samini Cohen Spanos LLP as Special Litigation Counsel; And (C) Revised Engagement Agreement of Glaser Weil
Docket 2496
The matter comes before the Court on a Motion By Chapter 7 Trustee to Approve (A) Settlement and Mutual Release Agreement; (B) Employment of Samini Cohen Spanos, LLP as Special Litigation Counsel; and (C) Revise Employment Agreement of Glaser Weil (the "Motion"). The Motion is brought pursuant to Federal Rule of Bankruptcy Procedure 9019, which authorizes the Court to approve a compromise or settlement on a motion brought by a trustee and after notice and a hearing. The Motion asks the Court to approve a settlement among the chapter 7 trustee in this case and his current and former legal counsel.
FACTUAL BACKGROUND
This case is more than a decade old, debtor Empire Land, LLC and its affiliates (collectively,"Empire") having filed chapter 11 petitions on April 25, 2008. The cases were converted to chapter 7 on or about December 5, 2008. Richard K. Diamond is the chapter 7 trustee (the "Trustee"). The Trustee retained Paul Hastings LLP ("Paul Hastings") in 2011 to obtain the services of Cynthia Cohen, Esq. ("Ms. Cohen") for the purpose of litigating adversary proceedings against Empire Partners, Inc., James P. Previti, Larry Day and others (collectively, the "Previti Parties"). Three of these adversary proceedings are currently pending before the Honorable Mark Houle, United States Bankruptcy Judge for the Central District of California.
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According to the declaration of Jonathan Loeb, Esq. in opposition to the Motion, beginning in May 2009 the Trustee commenced a total of 27 adversary proceedings against the Previti Parties and their affiliates. 24 of these adversary proceedings have been dismissed in their entirety, allegedly with zero recovery by the Empire Land bankruptcy estate. The Previti Parties allege in their opposition to the Motion that the Trustee has squandered over $20 million in pursuing frivolous and unsuccessful litigation" against them and their affiliates. The Trustee disputes both this characterization of his oversight of the litigation and the $21 million estimate of attorneys’ fees and costs expended.
Ms. Cohen left Paul Hastings in April 2017 and joined Glaser Weil Howard Avchen & Shapiro LLP ("Glaser Weil"). Also joining Glaser Weil was Peter Bransten, Esq. ("Mr. Bransten"). Ms. Cohen and Mr. Bransten were the two attorneys spearheading the litigation against the Previti Parties. Ms. Cohen withdrew from Glaser Weil effective September 1, 2018 and formed Samini Cohen Spanos LLP ("Samini Cohen"). She did not take the adversary proceeding litigation with her to her new firm; it remained behind with Glaser Weil.
According to the Trustee’s declaration filed in support of the matter now before the Court, Glaser Weil asserted that "it did not have a lawyer who could replace Cohen as lead trial counsel" and moved to withdraw. Over the objection of the Previti Parties, the Court permitted portions of Glaser Weil’s motion to withdraw to be redacted for the purpose of preserving the confidentiality of attorney-client communications and attorney work product.
Glaser Weil’s motion to withdraw, if granted, would have left the Trustee without trial counsel in the adversary proceeding litigation against the Previti Parties. The Trustee’s war chest of funds available to continue the litigation had already been seriously depleted by late 2018, and it is a fair inference the Trustee would have been hard-pressed to find new substitute counsel willing act as trial counsel. The Trustee stated that he would oppose the motion to withdraw, absent a consensual resolution and also that he might assert claims against Glaser Weil and/or Paul Hastings and/or
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Ms. Cohen in connection with their representation of him.
MEDIATION AND THE RESULTING SETTLEMENT AGREEMENT
At the parties’ request (sans the Previti Parties), the Court ordered the dispute over Glaser Weil’s motion to withdraw into mediation. The mediation occurred before the Honorable Mitchel Goldberg (Ret.) on January 18, 2019 and was successful. The parties agreed upon terms memorialized in the Settlement Agreement and Revised Engagement Agreements now before the Court in connection with the Motion.
The salient terms of the Settlement Agreement and Revised Engagement Agreements are as follows: (1) Ms. Cohen of Samini Cohen and Mr. Bransten of Glaser Weil will continue to act as special litigation counsel for the Trustee in the three adversary proceedings; (2) because the Empire Land bankruptcy estate is short of funds, Ms.
Cohen and Mr. Bransten will take the litigation on a contingency fee basis; (3) Paul Hastings will waive its claim for $797,899.67 in unbilled fees and expenses; (4) Glaser Weil will waive its claim for $652,820 in fees and expenses; (5) Glaser Weil and Samini Cohen will share equally in a 33 and 1/3 percent contingency fee of any recovery or settlement on account of a judgment, increasing to 40 percent in the event of an appeal;1 (6) the Trustee will pay all reasonable third-party costs and expenses incurred in the adversary proceedings; (6) the parties will mutually release their claims against one another, including claims for malpractice or professional negligence and for fees and expenses that are not subject to an award for interim allowance as of January 18, 2019; and (7) the Trustee retains the right to object to any interim or final allowance of any fees or expenses incurred prior to January 18, 2019 and to seek disgorgement of any payment for fees and expenses (although query how this interacts with the release of any claim "for fees or expenses incurred in those representations are not subject, as of the Effective Date, to an award for interim allowance" in (6) above?)
THE PREVITI PARTIES’ OPPOSITION TO THE MOTION
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The Previti Parties’ opposition to the Motion likens the Trustee to Captain Ahab in Moby Dick, alleging that he has spent the last decade in a monomaniacal pursuit of them. They argue that the Motion should be denied because granting it would (1) deprive the bankruptcy estate of "what may be its single most valuable asset: . . . claims for malpractice and/or professional negligence against Peter Bransten, Cynthia Cohen and their law firms" (Opposition at page 6 of 30, lines 24-25); and (2) result in paying Ms. Cohen and Mr. Bransten double what they would have been paid absent the settlement. The opposition also contends that the Motion fails to provide the Court with sufficient information to evaluate the Trustee’s potential claims for malpractice against Paul Hastings, Glaser Weil, Mr. Bransten and Ms. Cohen (as well as the Trustee’s general bankruptcy counsel, Landau, Gottfried & Berger LLP). The Priviti Parties believe these claims "are worth at least the $21 million that the Trustee’s counsel has wasted to date on frivolous litigation." Opposition at page 16 of 30, lines 20-21. Finally, the Priviti Parties argue that the Court cannot approve the revision of the engagement agreement of Glaser Weil and the Trustee’s employment of Samini Cohen under 11 U.S.C. § 327 because those law firms have a conflict of interest and lack competence.
APPLICABLE STANDARDS FOR DETERMINING A MOTION FOR APPROVAL OF A SETTLEMENT BROUGHT UNDER BANKRUPTCY RULE 9019
A bankruptcy court has great latitude in authorizing a settlement, but it may only approve a proposal that is fair and equitable. Woodson v. Fireman’s Fund Insur. Co., 839 F.2d 610, 620 (9th Cir. 1988). In evaluating a proposed settlement under the fair and equitable standard, a bankruptcy court must consider (a) the probability of success in the litigation, with due consideration for the uncertainty in fact and law, (b) the difficulties, if any, to be encountered in the matter of collection, (c) the complexity of the litigation involved, and the expense, inconvenience and delay necessarily attending it; and (d) the paramount interest of the creditors and a proper deference to their reasonable views in the premises. In re A&C Properties, 784 F.2d 1377, 1381 (9th Cir. 1986). The bankruptcy trustee, as the party proposing the settlement, has the
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burden of persuading the bankruptcy court that the settlement is fair and equitable and should be approved. Id.
The Previti Parties urge the Court to deny the Motion because the Trustee has failed to provide the Court with any accurate assessment of the viability and prospects for malpractice actions against the Trustee’s current and former attorneys.
In numbered paragraph 9 of the Trustee’s declaration in support of the Motion, the Trustee states that he has met with independent counsel to discuss potential claims that the estates may have against Glaser Weil, Paul Hastings and/or Ms. Cohen and that independent counsel has advised him that any such litigation "would be speculative, complex, and expensive." Further, the Trustee in his declaration states that he believes that his ability to proceed with the three adversary proceedings combined with the elimination of $1.4 million of alleged administrative claims "far outweighs the value of potential claims against special litigation counsel." In numbered paragraph 12 of his declaration, the Trustee states that (1) the estates "lack current liquidity", (2) he would be unable to pay special litigation counsel on an ongoing basis, and (3) "it is clear that no firm would agree to act as special litigation counsel in these cases absent a contingency fee arrangement."
Probability of Success in the Litigation.
The Court has little or no evidence before it that contradicts the Trustee’s statements in his declaration about the viability (or lack thereof) of malpractice causes of action against his attorneys (and former attorneys). The Previti Parties offer mere speculation that the estates possess valuable malpractice causes of action. There has been an expenditure of the lion’s share of the estates’ litigation war chest, and the estates have been left (by the Trustee’s own admission) with insufficient financial resources to prosecute the adversary proceedings to completion. But the devil is in the detail in this type of analysis, and there may be explanations other than attorney malpractice as to why the estates have come up short in terms of money for prosecuting the adversary proceedings to completion.
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Malpractice litigation against major law firms such as Paul Hastings and Glaser Weil is a daunting prospect, especially for a bankruptcy estate with very limited funds.
Finding an attorney who is willing to take on Paul Hastings and Glaser Weil on a contingency fee basis could well prove to be as difficult or more difficult than finding attorneys to continue the adversary proceedings on a contingency fee basis.
For these reasons, the Court agrees with the Trustee that the probability of success in malpractice litigation against Paul Hasting, Glaser Weil and/ or Ms. Cohen is slim to none. This factor favors approval of the proposed settlement.
The Difficulties, If any, In Collection.
Because Paul Hastings, Glaser Weil and Ms. Cohen are all very likely to have large malpractice insurance policies, difficulties in collection would likely be minimal.
This factor favors denial of settlement approval.
The Complexity of the Litigation Involved, and the Expense, Inconvenience and Delay Necessarily Attending It.
The Trustee’s declaration in numbered paragraph 9 establishes that malpractice litigation against Paul Hastings, Glaser Weil and Ms. Cohen would be both complex and expensive. Although this is expressed in conclusory terms, it carries significant weight in view of the Trustee’s decades of experience as a prominent bankruptcy attorney and the fact that he consulted with independent counsel in reaching this conclusion. The Court takes judicial notice that the Trustee is a very experienced bankruptcy attorney and is a name member in the Los Angeles bankruptcy boutique Danning Gill Diamond & Kollitz, LLP.
This factor favors approval of the proposed settlement.
The Paramount Interest of the Creditors and a Deference to Their
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The paramount interest of creditors is to receive a distribution from the estates pursuant to 11 U.S.C. § 726, and the larger the better. The docket in the main litigation that remains, Adversary Proceeding No. 6:10-ap-1319-MH "(EP-2") (of which the Court takes judicial notice) is 109 pages long. It shows that the complaint was filed in 2010, that discovery has proceeded over the years, with discovery disputes arising from time to time and motions for protective orders filed and heard. If the choice is between creditors pinning their hope for a distribution from the estates on prevailing in a case that is more than eight years along on the litigation treadmill and will have special trial counsel in place on a contingency fee agreement versus gambling on untested and unknown malpractice claims against deep-pocket defendants where no attorneys for the estate are in place and where the war chest to carry on the litigation is severely depleted, the choice is clear: continuing with EP-2 to completion seems far more likely to yield a return to creditors than changing horses in midstream and embarking on malpractice claims that the Trustee has stated (after consulting with independent counsel) are complex, expensive and speculative. This factor favors approval of the proposed settlement.
With three factors (plus common sense) favoring approval of the settlement and one factor against, the Court has little difficulty concluding that the proposed settlement passes muster under the A&C Properties test and should be approved.
OTHER ARGUMENTS OF THE PREVITI PARTIES
The Previti Parties contend that Mr. Bransten and Ms. Cohen are doubling their fees under the proposed revised engagement letters, but this is a mischaracterization of the terms of these agreements. The agreements call for a one-third or forty percent contingency fee, but that fee is capped at an amount equal to the number of hours billed and allowed multiplied by the attorneys’ hourly rates multiplied by two. The provision in question caps rather than enlarges the fees payable by the Trustee should the litigation yield a recovery. If there is no recovery, there is no fee. The provision is
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beneficial to the Trustee and the estates, not adverse to them.
The Previti Parties also argue that approval of Samini Cohen’s employment agreement and Glaser Weil’s revised employment agreement would violate 11 U.S.C. § 327 because these firms have interests adverse to the estate, namely, as defendants in potential malpractice actions to be brought against them (and that they are not disinterested persons). This argument assumes facts not in evidence, namely, that any viable malpractice claim exists in the first place. The evidence is that any such claim would be speculative, complex and expensive. Additionally, the Court would be blind if it did not recognize and take into account that Priviti Parties are clearly adverse to the Trustee – they are defendants in actions brought by the Trustee and have been so for the last decade – and that their arguments about tremendously valuable malpractice actions against their attorney adversaries are obviously tainted with self- interest.
The Priviti Parties’ comparison of the Trustee to Captain Ahab in Moby Dick is unproven. However, given the length of this case, the Court would hope that the relevant literary allusion does not become a reference to Charles Dickens’s novel Bleak House, where the little girl who was promised a horse when the case of Jarndyce v. Jarndyce was decided, grew up, acquired a horse of her own and passed into the next world, all before any judgment had yet been entered.2
The Motion is granted.
CHAPTER 7 TRUSTEE 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
2:00 PM
Trustee(s):
P Sabin Willett
Richard K Diamond (TR) Jeffrey Rosenfeld
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
2:00 PM
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))
(Cont. from 1/29/19)
Docket 1
For reasons of judicial economy, the Court will continue this status conference to August 8, 2019 at 9:00 a.m. to allow the plan process to continue and conclude.
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
Plaintiff(s):
Yun Hei Shin Represented By
Kathleen P March
2:00 PM
Andrew S Bisom
2:00 PM
Hrg. on Third Plan and Disclosure Statement (Cont. from 1/23/19)
Docket 281
Evidentiary Objections
Ms. Shin’s Objection
Ms. Shin’s evidentiary objection to paragraph 5 of the Andrew Bisom declaration is overruled. What the Court found unacceptable in the prior version of the disclosure statement was that the plan did not provide for payment in full of Ms. Shin’s claim. In the prior version, Ms. Shin was to be paid certain moneys and then, at the end of the 60 months, if she hadn’t previously been paid in full, a 75 percent interest in Desert Springs Financial, LLC ("DSF") would be transferred to her in full satisfaction of her claim. But what if the fair market value of a 75 percent interest in DSF was less than the amount owed to Ms. Shin at that point? In such event, Ms. Shin would not end up being paid in full and the requirements of the absolute priority rule wouldn’t have been satisfied. The Court’s point was that Ms. Shin had to be paid in full, but the Court did not specify the precise manner in which she would be paid in full. Certainly, a transfer of a 75 percent DSF interest was one way of paying her, but in lieu of such a transfer a cash payment equal to the remaining amount of her claim would work fine just as well. Thus, the Court did not require a transfer of the 75
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percent DSF interest, it required that Ms. Shin be paid in full, however that might be accomplished.
Mr. Altman’s Objections
Large swaths of the Shin Declaration are inadmissible because they lack foundation, set forth legal argument and/or expert opinion by a lay witness, or are hearsay or speculative. The Court sustains the objections to numbered paragraphs 2, 3, 4, 5, 9,
10, 11, 13, 14, 15, 16, 17, 19, 20-24, 26-29, 33-35, 37-39 for the reasons advanced by Mr. Altman.
The Court sustains the objections to numbered paragraphs 2 through 43 of the declaration of Kathleen March for the reasons advanced by Mr. Altman and because this is legal argument masquerading as a statement of fact. As Mr. Altman points out, an attorney’s legal argument is not evidence.
Similarly, large portions of the Mark Edelman declaration are likewise inadmissible. The Court sustains the objections to the third sentence of numbered paragraph 3, the first sentence of numbered paragraph 6, and numbered paragraphs 7, 8, 9, 10, 11, and 12 as speculative and lacking foundation ("His plan is not credible . . .") and a violation of the best evidence rule (the best evidence of what a judgment provides is the judgment itself, not an attorney’s rendition of what the judgment purportedly provides).
The Court sustains objections to Exhibits A and B attached to Shin’s Response to Evidentiary Objections to Declarations of Yun Hei Shin, Kathleen P. March and Mark Edelstein (the "Response") on the ground that the Response is an unauthorized pleading in that it seeks to enlarge the record in this case in an impermissible fashion and because the Exhibits sought to be introduced lack foundation and are not properly authenticated.
The Third Amended Disclosure Statement
Debtor Murray Altman ("Mr. Altman") has moved the Court to approve his Third
2:00 PM
Amended Disclosure Statement. Ms. Angie Shin ("Ms. Shin"), the major creditor in this chapter 11 case, objects to the approval on approximately 29 different grounds. The Court addresses these objections in turn.
Ms. Shin’s first objection is that plan is patently non-confirmable. This argument is not directly supported by any specific reasons, although it may be inferred that Ms. Shin’s some of her 28 other objections to disclosure statement approval can be read as supporting it. Many of these objections presumably will be raised at the plan confirmation hearing, at which point the Court will address them. Suffice it to say here that Ms. Shin has not shown the plan to be patently non-confirmable.
Her second objection is that the plan is filed in bad faith because it does not provide for Mr. Altman surrendering his 75 percent interest in Desert Springs Financial, LLC ("DSF") to Ms. Shin. Although Ms. Shin obviously would prefer that Mr. Altman’s plan contain such a provision, his failure to include the provision in his plan does not prove bad faith.
Her third objection is that the plan provides for Mr. Altman to retain his property (specifically and most notably, his 75 percent interest in DSF) but does not pay all creditors in full, thereby violating the absolute priority rule. See Zachery v. California Bank & Trust, 811 F.3d 1191 (9th Cir. 2016). On the contrary, the plan in fact provides for paying all creditors in full except to the extent they have agreed to accept less than full payment. Ms. Shin likely disagrees that the plan provisions for paying all creditors in full are feasible, but that is an issue for the plan confirmation hearing.
Her fourth objection is that the plan improperly provides for paying Ms. Shin’s unsecured claim owed to her of $485,468 with an offset of management fees owed to Mr. Altman by DSF. This is a misreading of the plan. The plan specifically provides on page 6 of 14, lines 12-14 that "Debtor will apply the accrued but unpaid management fees to reduce DSF’s claim." Moneys owed to Ms. Shin in respect of her unsecured claim will be paid, at least in part, from Mr. Altman’s profits from developing the Cathedral City Property.
2:00 PM
Her fifth objection is that Mr. Altman is retaining his golf club membership and assets in his wife’s name in violation of the absolute priority rule because he is not paying Ms. Shin in full. This argument has been considered and rejected above, for the reasons stated.
Her sixth objection is that there is no evidence that DSF can develop its 7-acre vacant lot within 5 years or make enough money to pay Ms. Shin in full. This is an argument for the plan confirmation hearing, not the disclosure statement hearing. In any event, the declaration of Murray Altman in support of the Third Amended Disclosure Statement and the exhibits thereto establish the prima facie reasonability of the proposal to develop the Cathedral City Property and reap profits therefrom.
Her seventh objection is that the plan is infeasible. This is another argument for the plan confirmation hearing, not the disclosure statement hearing. Suffice it to say here that Mr. Altman has made out a prima facie case that the plan he is proposing is not infeasible. Sources of funds under the plan consist of $378,000 of accrued but unpaid DSF management fees, $570,000 of future DSF management fees ($9,500 per month times 60 months), $2,868,750 in projected profits attributable to Mr. Altman’s 75 percent share of DSF with respect to the development of the Cathedral City Property, Mitchell Altman’s $160,380 new value contribution, and Mr. Altman’s disability income of $423,480 ($7,058 times 60 months). These amounts aggregate $4,400,610. Uses of funds under the plan consist of the payment of Ms. Shin’s asserted claim of
$2,769,304, general unsecured claims of $481,350, $213,635 of payments on the first and second trust deeds and administrative priority claims of about $125,000. These amounts total $3,589,289. Thus, sources of funds exceed uses of funds by over
$800,000. By this analysis, the plan is comfortably feasible by a considerable margin.
Ms. Shin’s eighth objection is that the "new value" being contributed under the plan is less than the net value of Mr. Altman’s non-exempt property. The new value consists of, at a minimum, Mr. Altman’s disability income of $23,480 over 60 months, Mitchell Altman’s contribution of $160,380 and Mrs. Altman’s Social Security income (about $50,000 over 60 months). New value thus aggregates over $690,000, an amount far exceeding the net value of Mr. Altman’s non-exempt property,
2:00 PM
considering that the amount of Ms. Shin’s $2,005,012 lien against Mr. Altman’s property must be subtracted from the gross value of such property to arrive at its net value. (Although the contribution of Mr. Altman’s management fees would also seem to constitute new value, the Court recognizes that his entitlement to such fees is being challenged by Ms. Shin, and for the sake of conservative analysis the Court does not take such item into account for purposes of analyzing this objection).
Ninth, Ms. Shin contends that the plan is non-confirmable for failure to comply with 11 U.S.C. § 1129(a)(7) because the amount creditors are being paid under the plan is less than what they would be paid in a chapter 7 liquidation. Ms. Shin correctly points out that in a chapter 7 liquidation, the trustee would sell all of Mr. Altman’s non- exempt property. However, such a sale would, economically speaking, be premature because it would forgo the increase in value that is projected to occur as a result of the Cathedral City Property’s development as shown by Mr. Altman. Such development is projected to permit creditors to be repaid in full, a result that perhaps might be equaled but could not be exceeded in a chapter 7 liquidation. More likely, however, a chapter 7 liquidation and its attendant costs would result in creditors being paid less than 100 percent, a poorer result than the result projected to occur as a result of the reorganization.
Tenth, Ms. Shin argues that the plan mis-classifies her secured claim by transferring it to Class 4c and treating it in the same manner as her unsecured claim. But this is a misreading of the plan. The plan provides for treating Ms. Shin’s secured claim in Class 3 – assuming Mr. Altman’s preference action against Ms. Shin is unsuccessful – in the same manner as her unsecured claim is treated. This is simply a statement of how the secured claim is to be paid; it is not a transfer of the secured claim to Class 4c. However, Ms. Shin’s point in this objection is well taken in the sense that the plan must provide for the payment of interest on Ms. Shin’s secured claim under 11 U.S.C.
§ 1129(b)(2)(A)(II) because otherwise she would not have received "on account of such claim deferred cash payments . . . of a value, as of the effective date of the plan, of at least the value of such holder’s interest in the estate’s interest in such property". Unless the plan is modified to provide for the payment of a proper rate of interest on
2:00 PM
Ms. Shin’s secured claim, the plan cannot be confirmed. At the disclosure statement hearing, the Court will ask Mr. Altman and Ms. Shin for their views on the proper cramdown interest rate applicable here.
Eleventh, Ms. Shin argues that the plan is vague as to the source of the $36,500 quarterly payments. The Court agrees and will require Mr. Altman to specify the source or sources of such moneys (presumably, moneys coming into the estate or the reorganized debtor from new value contributions, but the Court will leave the precise identification of the source of funds to Mr. Altman’s counsel).
Twelfth, Ms. Shin points out that a plan provision barring creditors from suing on obligations provided for under the plan is improper as it pertains to Ms. Shin’s claims if she succeeds in establishing that such claims are excepted from discharge under 11
U.S.C. § 523. Ms. Shin contends that where debt is held to be non-dischargeable, the automatic stay expires as to such debt. No authority is cited for such proposition. Indeed, a brief survey of the law strongly suggests that Ms. Shin’s analysis of this issue is incorrect. 11 U.S.C. § 362(c) provides that the automatic stay ceases to apply as against property when such property ceases to be property of the estate and, as to any other act, the earliest of dismissal of the case, closing of the case or the granting or denial of a discharge. Here, Mr. Altman will not be receiving a discharge until the completion of all payments under the plan. 11 U.S.C. § 1141(d)(5)(A). Under Plan Article 5(C) property of the estate does not revest in Mr. Altman until the plan is completed. This suggest the automatic stay remains in effect notwithstanding any judgment that amounts owed to Ms. Shin are excepted from discharge. See also In re Watson, 78 B.R. 267, 270-271 (Bankr. C.D. Cal. 1987) (Bufford, J.) ("A nondischargeability judgment . . . does not terminate the automatic stay: the stay continues until a discharge is granted or denied"). The Court determines that Ms. Shin has not made a sufficient showing as to the this asserted issue.
Ms. Shin’s remaining arguments are without merit in the context of a disclosure statement hearing, although her rights are certainly reserved to raise them at the confirmation hearing.
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The Court will approve the disclosure statement contingent upon modification of the plan to provide for the payment of interest on both secured and unsecured claims and the insertion of information about the source of the quarterly payments.
The Court will require the plan and disclosure statement, together with balloting materials, to be filed and served on or before March 26, 2019. Ballots and objections to the plan are due on or before May 3, 2019. Replies to objections and a plan confirmation memorandum are due May 24, 2019. The Court sets the plan confirmation hearing for June 20, 2019 at 2:00 p.m. The plan confirmation hearing shall be held at the Ronald Reagan United States Courthouse at 411 West Fourth Street, Courtroom 6C, Santa Ana, California. Videoconferencing from Riverside will not be available.
The Court will receive live testimony of witnesses at the plan confirmation hearing as well as admissible exhibits. Each party who desires to present live testimony at the confirmation hearing and to introduce documents into evidence shall, on or before June 3, 2019, file with the Court and serve on the opposing party and the United States Trustee (1) a list of witnesses to be called, together with a brief synopsis of their anticipated testimony and (2) a copy of each document sought to be introduced into evidence.
COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Adv#: 6:18-01121 Altman v. Shin
PRE-TRIAL 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))
(Advanced from 3/14/19)
Docket 1
The Court will re-set the pretrial conference to May 16, 2019 at 9:00 a.m. and will order the parties to meet and confer in order to arrive at a joint proposed pretrial stipulation. Additionally, this will give the Court an opportunity to hear Plaintiff's motion for leave to amend the complaint.
COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Defendant(s):
Yun Hei Shin Represented By
Kathleen P March
Plaintiff(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'
(Cont.from 1/29/19)
Docket 289
The Court will continue the hearing on this motion to May 30, 2019 at 2:00 p.m. to give Debtor a fair opportunity to confirm a plan of reorganization.
COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Hrg. on Motion By United States Trustee To Dismiss Or Convert Chapter 11 Case
(Cont. from 1/29/19)
Docket 274
The Court will contineu the hearing on this motion to May 30, 2019 at 2:00 p.m. to give Debtor an opportunity to analyze Mr. Altman's expenditures and file a pleading in response to the U.S. Trustee's reply.
COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Hrg. on Chapter 11 Status Conference (Cont. from 1/29/19)
Docket 1
The Court will inquire into compliance with U.S. Trustee guidelines and requirements.
Next status conference: June 20, 2019 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Hrg. on approval of trustee's final report; application for compensation
Docket 0
The Court will grant the application and allow:
Trustee's fees: $1,550.00 Trustee's expenses: $0.00
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mario Alfaro Bello Represented By
James Geoffrey Beirne
Joint Debtor(s):
Minerva Alfaro Represented By
James Geoffrey Beirne
Trustee(s):
Howard B Grobstein (TR) Pro Se
2:00 PM
Hrg. on Application filed 1/30/19 for Final Application for Approval of Fees and Reimbursement of Expenses Todd L Turoci, Debtor's Attorney, Period: 6/30/2018 to 10/29/2018, Fee: $10,447.50, Expenses: $59.13
EH
Docket 113
The Court will grant the motion.
The Court will approve on a final basis fees of $9,947 and expenses of $59.13 and will approve on a final bais the previous interim fee award of $25,902.50 and
$1,116.29 in expenses.
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 approval of trustee's Final Report; Applications for Compensation
Docket 0
The Court will grant the application and allow:
Trustee's fees: $11,250.00 Trustee's expenses: $493.38
Donald T. Fife, tax preparation fees of $1,000.00, expenses of $0. CHAPTER 7 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 approval of Trustee's Final Report; Applications for Compensation
Docket 0
The Court will grant the application and allow:
Trustee's fees: $1,391.80 Trustee's expenses: $21.47
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Dorian J Rowton Represented By Sundee M Teeple
Joint Debtor(s):
Ariane S Rowton Represented By Sundee M Teeple
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Hrg. on Debtor's Motion filed 1/28/19 For Contempt against Fair for their intentional violation of the automatic stay
Docket 15
- NONE LISTED -
Debtor(s):
Damien Latrell Rogers Represented By Steven A Alpert
L. Tegan Rodkey
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Hrg. on Chapter 7 Trustees Motion filed 2/15/19 for Order Directing Debtors to Turnover Property of the Estate (Vehicle, Records, Tax Returns)
Docket 21
The Court will grant the motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Daniel James Dykema Represented By
M. Wayne Tucker
Joint Debtor(s):
Xiao Yan Dykema Represented By
M. Wayne Tucker
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Hrg. on 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 Rules of Bankruptcy Procedure 9020
Docket 0
- NONE LISTED -
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
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; 12-12-18; 1-23-19
Docket 0
The Court has reviewed the status report and found it helpful. The Court will inquire into Mr. Neskovic's vew of the case.
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
STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 Case (Petition filed 1/7/19)
Docket 1
The Court will inquire into the Debtor's compliance with U.S. Truste guidelines and requirements.
The Court will set the bar date at May 31, 2019 and will require notice of the bar date to be filed and served by March 27, 2019. The deadline for objecting to claims will be set at 90 days after the effective date of a plan of reorganization.
The Court will set a deadline of September 30, 2019 for filing a plan and disclosure statement and a deadline of December 31, 2019 for confirming a plan.
Next status conference: August 7, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
9:00 AM
Adv#: 8:18-01121 Getson et al v. Devine
CONT'D 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)
FR: 9-19-18
Docket 1
The Court will inquire into the results of mediation.
The Court will set the pretrial conference for June 19, 2019 at 9:00 a.m. Parties shall comply with Local Bankruptcy Rule 7016-1.
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 Mitchell B Hannah
9:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Adv#: 8:18-01193 Basho Technologies Holdco C, LLC et al v. Chester
Hearing RE: Motion To Withdraw As Defendant Chester C. Davenport's Counsel
(Motion filed 2/8/19)
Docket 14
The Court will grant the motion, conditioned upon the Debtor's attorney providing the Trustee with Debtor's telephone number, street address and email address.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Davenport C. Chester Represented By Michael Jay Berger
Plaintiff(s):
Basho Technologies Holdco C, LLC Represented By
Bradley Gardner Randye B Soref Michael Jay Berger
Basho Technologies Holdco E, LLC Represented By
Bradley Gardner Randye B Soref Michael Jay Berger
9:00 AM
Hunoby Enterprises, LLC Represented By Bradley Gardner Randye B Soref Michael Jay Berger
Earl P. Galleher III Represented By Bradley Gardner Randye B Soref Michael Jay Berger
Basho Technologies Holdco B, LLC Represented By
Randye B Soref Bradley Gardner Michael Jay Berger
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
9:00 AM
Adv#: 8:18-01193 Basho Technologies Holdco C, LLC et al v. Chester
Hearing RE: Plaintiff's Motion To Strike Defendant's Affirmative Defenses (Motion filed 2/20/19)
Docket 17
The Court will continue this hearing to April 10, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Davenport C. Chester Represented By Michael Jay Berger
Plaintiff(s):
Basho Technologies Holdco C, LLC Represented By
Bradley Gardner Randye B Soref Michael Jay Berger
Basho Technologies Holdco E, LLC Represented By
Bradley Gardner Randye B Soref Michael Jay Berger
9:00 AM
Hunoby Enterprises, LLC Represented By Bradley Gardner Randye B Soref Michael Jay Berger
Earl P. Galleher III Represented By Bradley Gardner Randye B Soref Michael Jay Berger
Basho Technologies Holdco B, LLC Represented By
Randye B Soref Bradley Gardner Michael Jay Berger
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
9:00 AM
Adv#: 8:18-01208 Eastwest Partners Investment, LLC v. Davenport
Hearing RE: Motion To Withdraw As Defendant Chester C. Davenport's Counsel
(Motion filed 12/8/19)
Docket 8
The Court will grant the motion, conditioned upon the Debtor's attorney providing the Trustee with Debtor's telephone number, street address and email address.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Chester Davenport Represented By Michael Jay Berger
Plaintiff(s):
Eastwest Partners Investment, LLC Represented By
Stella A Havkin
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
9:00 AM
Adv#: 8:18-01167 Anderson v. Bruno
Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 (Motion filed 2/11/19)
Docket 20
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#: 8:18-01029 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; 12-12-18
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
9:00 AM
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 9/24/18)
FR: 12-12-18; 1-23-19
Docket 1
NONE LISTED -
Debtor(s):
Mohammad Ali Kharazmi Represented By Leonard Pena
9:00 AM
Adv#: 8:18-01078 Heritage Law LLP v. Isaly
Hearing RE: Motion To Dismiss Adversary Proceeding For Determination Of Dischargeability And Objecting To Debtor's Discharge Pursuant To 11 U.S.C.
Section 523 And 11 U.S.C. Section 727 (Motion filed 2/20/19)
Docket 12
No tentative ruling.
Debtor(s):
Alexander Mark Christian Isaly Represented By Anthony B Vigil Jeffrey G Jacobs
Defendant(s):
Alexander Mark Christian Isaly Represented By Jeffrey G Jacobs
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
9:00 AM
Adv#: 8:18-01078 Heritage Law LLP v. Isaly
CONT'D PRE-TRIAL 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) (PTC set at S/C held 7/25/18)
FR: 2-27-19
Docket 1
The Court will continue the pretrial conference to April 17, 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 Anthony B Vigil
9:00 AM
Plaintiff(s):
Heritage Law LLP Represented By Erik E Woodbury
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Santander Consumer USA, Inc.
(Motion filed 2/13/19)
[RE: 2016 Nissan Sentra - Amount: $16,384.44] [VIN No. 3N1AB7AP3GY252752]
Docket 15
The Court will deny the agreement as not in Debtor's best interest. COURT TO PREPARE ORDER.
Debtor(s):
Heriberto Marin Represented By Frank P Peterson
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-12-18; 1-9-19; 2-6-19
Docket 31
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
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 2-6-19
Docket 16
NONE LISTED -
Debtor(s):
Kirolous A. Awad Represented By Tina H Trinh
Joint Debtor(s):
Maria Awad Represented By
Tina H Trinh
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 2-6-19
Docket 23
NONE LISTED -
Debtor(s):
Stephen Lawrie Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmaiton Of Chapter 13 Plan
Docket 17
NONE LISTED -
Debtor(s):
Virginia Ann Von Schaefer Represented By Omero Banuelos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 23
NONE LISTED -
Debtor(s):
Liem T. Nguyen Represented By Bert Briones
Joint Debtor(s):
Dung Xuan Ho Represented By Bert Briones
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
NONE LISTED -
Debtor(s):
Michael Leelin Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 16
NONE LISTED -
Debtor(s):
Mehdi Eskandarloo Represented By Michael Jay Berger
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
Wendy Christine DeMeo Represented By Michael G Spector
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
Starr Yolanda Berglund Pro Se
Trustee(s):
Amrane (RS) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
Marsha Loraine Lewis Pro Se
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 11/7/18) FR: 1-9-19; 2-6-19
Docket 161
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE 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
3:00 PM
Hearing RE: Trustee's Notice Of Intent To Increase Dividend To Unsecured Creditors
(Set per Notice of Hearing filed 1/2/19)
Docket 471
No Court ruling is required.
Debtor(s):
Debby Anspach Represented By Holly Roark Cameron H Totten
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Moifying The Chapter 13 Plan (Motion filed 2/4/19)
(Opposition filed 2/26/19)
Docket 475
The Court will deny the motion.
Increases in income alone tell only part of the story. The Chapter 13 Trustee has set forth no evidence that expenses have not increased as well.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Debby Anspach Represented By Holly Roark Cameron H Totten
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion For Order Re-Converting Case From Chapter 13 To Chapter 7
[11 USC 1307(c)(6)]
(Motion filed 2/5/19)
Docket 477
The Court will deny the motion. Debtor's explanation for failure to provide the 2018 tax returns -- that they are not yet due and haven't been fully prepared -- and for missing plan payments -- an ACH snafu -- is acceptable to the Court.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Debby Anspach Represented By Holly Roark Cameron H Totten
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 2/16/19) (OST Entered 2/20/19)
Docket 481
No tentative ruling.
Debtor(s):
Debby Anspach Represented By Holly Roark Cameron H Totten
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Application For Supplemental Fees For The Period From April 14, 2016 Through March 13, 2019
(Application filed 2/15/19) (OST Entered 2/20/19)
[RE: HOLLY ROARK - Attorney For Debtor] [Fees: $21,417.50; Expenses: $217.62]
Docket 479
The request for allowance of $24,417.50 in feeds and $217.62 in expenses is reasonable and, standing alone, the Court would approve it. However, the Court will not approve and transaction resulting in nonpriority general unsecured creditors receiving less than $32,304.04 unless a revised liquidation analysis can be supported. If the parties can devise a method of making both of these things work, the Court will approve it.
Based on Debtor's reply, the Court will approve supplemental fees of $18,599.14 if the Court's condition stated above is met.
Debtor(s):
Debby Anspach Represented By Holly Roark Cameron H Totten
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 2/6/19)
(Opposition filed 2/15/19)
(Set per Notice of Hearing filed 2/15/19)
Docket 65
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Joan Ellen Yates Represented By Allan S Williams
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
(Motion filed 1/8/19) (Opposition filed 1/18/19)
Docket 55
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE 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
3:00 PM
Hearing RE: Application For Supplemental Fees: Application filed 12/28/18)
(Set per Notice of Hearing filed 2/7/19)
[RE: CHRISTOPHER J. LANGLEY - Attorney For Debtor] [Fees: $425.00; Expenses: $0.00]
Docket 95
NONE LISTED -
Debtor(s):
Bette Mae Doremus 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 1/8/19)
(Opposition filed 1/31/19)
(Set per Notice of Hearing filed 1/31/19)
Docket 42
The Court will grant the motion unless all required plan payments are brought current by the date of the hearing.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael Carlisle Represented By Julie J Villalobos
Joint Debtor(s):
Elizabeth Carlisle Represented By Julie J Villalobos
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 2/5/19)
Docket 59
The Court will grant the motion and require Bahram Madaen, on or before April 15, 2019, to file with the Court and serve on the U.S. Trustee the disclosure of attorney compensation form for June 2018 and July 2018 cases and state court retainer agreements, bankruptcy retainer agreement and attorney-client ledger.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Shakeel Ahmed Represented By Bahram Madaen
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 1/28/19)
(Set per Trustee's Comments or Objection filed 2/19/19)
Docket 67
NONE LISTED -
Debtor(s):
Christine K Roberts Represented By Bruce D 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 2/6/19) (Response filed 2/20/19) (Notice of Hearing filed 2/20/19)
Docket 198
The Court will 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
9:00 AM
Adv#: 6:18-01121 Altman v. Shin
PRE-TRIAL 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))
Docket 1
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):
Yun Hei Shin Represented By
Kathleen P March
9:00 AM
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 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 11/8/18)
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#: 6:17-01271 United States Trustee for the Central District of v. Ashcraft et al
PRE-TRIAL CONFERENCE re: Complaint for Disgoregement of Fees, Civil Penalties, Sanctions, and Declaratory, Injunctive, and other relief
Docket 0
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
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 1/31/19)
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#: 6:18-01071 Murphy v. Murphy et al
PRE-TRIAL CONFERENCE re: Complaint to deny discharge under 11 U.S.C. Section 727(a)(4)(A)
Docket 31
- 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
Adv#: 6:18-01221 Hardt, Jr v. Hamzey, Jr. et al
Hrg. on Defendants' Motion filed 12/10/18 to Dismiss Adversary Proceeding (Cont. from 1/24/19)
Docket 3
- NONE LISTED -
Debtor(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Defendant(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Marie Ann Hamzey Represented By Daniel C Sever
Joint Debtor(s):
Marie Ann Hamzey Represented By Daniel C Sever
Plaintiff(s):
William Joseph Hardt Jr Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Adv#: 6:18-01221 Hardt, Jr v. Hamzey, Jr. et al
STATUS CONFERENCE re complaint for recovery of money/property pursuant to 11 U.S.C. Section 548 and Nondischargeability of debt 1 U.S.C. Section 523(A)(4)
(Cont. from 1/24/19)
Docket 1
The Court will continue the status conference to March 21, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Defendant(s):
Robert Mansour Hamzey Jr. Pro Se
Marie Ann Hamzey Pro Se
Joint Debtor(s):
Marie Ann Hamzey Represented By Daniel C Sever
Plaintiff(s):
William Joseph Hardt Jr Pro Se
9:00 AM
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Adv#: 6:19-01022 Kendrick-Patterson v. Kendrick
Hrg. on Defendant's Motion filed 2/19/19 to Dismiss Adversary Proceeding
Docket 3
Regena M. Kendrick-Patterson ("Plaintiff") filed a complaint against debtor-defendant Alfred J. Kendrick ("Defendant") alleging that a debt from Defendant to Plaintiff is excepted from discharge pursuant to 11 U.S.C. § 523(a)(6) as a willful and malicious injury. The complaint also alleges that Defendant’s discharge should be denied under 11 U.S.C. § 727(a)(4) on the ground that Defendant knowingly and fraudulently made a false oath in this case.
The willful and malicious injury alleged is that Defendant refused to go on the Judge Judy Show (or, alternatively, the Judge Mathis Show) to resolve a dispute between Plaintiff and Defendant over a vehicle Plaintiff allegedly leased or subleased to Defendant.
A determination of nondischargeability under section 523(a)(6) requires a finding that the injury was both willful and malicious. Copland v. Anthis (In re Copland), BAP No. WW-10-1382-WaPaJu, 2012 Bankr. LEXIS 391 (B.A.P. 9th Cir., January 10,
2012). An injury is "malicious" when it involves a wrongful act, done intentionally, that necessarily causes injury and is committed without just cause or excuse.
Under this standard, the injury alleged in the complaint – a refusal to attend the Judge Judy or Judge Mathis Show – is not malicious because refusing to attend is not a wrongful act. Absent a binding contract, which is not alleged, no one has a legal obligation to go on the Judge Judy or Judge Mathis Show. Nor would refusing to go on the show necessarily cause injury. There is no guarantee Plaintiff would prevail if
9:00 AM
the parties went on the Judge Judy or Judge Mathis Show (i.e., the complaint does not alleged Plaintiff would be paid if she went on the show even if she lost her case in that forum).
For these reasons, the willful and malicious injury count of the complaint is dismissed with prejudice as failing to state a claim upon which relief can be granted. Fed. R. Bankr. P. 7012(b).
The complaint also alleges that Defendant failed to disclose on the schedules his ownership as a sole proprietor of a business on social media, namely Kendrickenterprise.myctfo.com. This allegation underpins Plaintiff’s section 727(a)
(4) cause of action. Defendant argues that this was a mistaken omission, and that he amended his schedules on or about January 24, 2019 to disclose this asset.
The complaint states a claim upon which relief can be granted under section 727(a) (4). The Court generally must assume the allegations of the complaint to be true in testing a motion to dismiss under Rule 12(b)(6). Although there are certain exceptions in the case of formulaic pleading, Iqbal and Twombly (Supreme Court cases), the pleading here is not formulaic because of the details alleged. Plaintiff is quite specific about the omission she contends is knowing and fraudulent – namely, the omission of the sole proprietorship described above.
The motion to dismiss is granted in part and denied in part. It is granted as to section 523(a)(6) claim for relief and denied as to the section 727(a)(4) claim for relief.
COURT TO PREPARE ORDER.
Debtor(s):
Alfred Jake Kendrick Represented By
Rabin J Pournazarian
Defendant(s):
Alfred Jake Kendrick Pro Se
9:00 AM
Plaintiff(s):
Regena M Kendrick-Patterson Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Hrg. on Chapter 11 Status Conference
(Tele. appr. Raffi Khatchadourian, rep. creditor, Wells Fargo Bank) (Tele. appr. Brendan M. Loper, rep. creditor, Mr. Yang)
(Tele. appr. Thomas A. Vogele, rep. creditor, Mr. Yang) (Tele. appr. Brendan M. Loper, rep. creditor, Mr. Yang)
Docket 1
The Court will inquire into compliance with U.S. Trustee guidelines and requirements.
Next status conference: to be determined. COURT TO PREPARE ORDER.
Debtor(s):
RFS Sports, Inc. Represented By Javier H Castillo
9:00 AM
Hrg. on Chapter 11 Status Conference
Docket 1
- NONE LISTED -
Debtor(s):
Field Sport, Inc. Represented By Javier H Castillo
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 2/5/19 Between Debtor and Nissan Motor Acceptance Corporation, in the amount of $11,509.25
Re: 2015 Nissan Versa
Docket 12
The Court will disapprove the agreement as not in Debtor's best interest. COURT TO PREPARE ORDER.
Debtor(s):
Corina Milagro Hernandez Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on approval Reaffirmation Agreement Between Debtor and Alaska Federal Credit Union
Docket 15
- NONE LISTED -
Debtor(s):
Daniel Sykes Represented By
David L Nelson
Joint Debtor(s):
Patrice Sykes Represented By
David L Nelson
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 2/5/19 Between Debtor and Nissan Motor Acceptance Corporation, in the amount of $17,479.87
Re: 2016 Nissan Rogue
Docket 9
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Dora Maria Duran Represented By Marlin Branstetter
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Hearing Between Debtor and Kia Motors Finance, in the amount of $21,561.90
Re: 2017 Kia Optima
Docket 10
The Court will disapprove the agreement as not in Debtors' best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Edgar Cardenas Represented By Marlin Branstetter
Joint Debtor(s):
Sonia Ana Cardenas Represented By Marlin Branstetter
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on approval Reaffirmation Agreement Between Debtor and Alaska USA Federal Credit Union, in the amount of $7,590.82
Re: 2013 Nissan Altima
Docket 12
The Court will disapprove the agreement as not in Debtors' best interest.
COURT TO PREPARE ORDER.
Debtor(s):
John Tyler Jackson Pro Se
Joint Debtor(s):
Christelle De La Cruz Jackson Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc. as servicer for UMB Bank, National Association
Re: 2014 Fiat
(Tele. appr. Keith S. Knochel, rep. Debtor David and Cordilia Nelson)
Docket 28
The Court will disapprove the agreement as not in Debtors' best interest.
COURT TO PREPARE ORDER.
Debtor(s):
David L Nelson Represented By Keith S Knochel
Joint Debtor(s):
Cordilia P Nelson Represented By Keith S Knochel
Trustee(s):
Howard B Grobstein (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
(Cont. from 11/26/18)
(Tele. appr. Elmer Martin, rep. Interested party, Elmer Martin)
Docket 548
The Court will ask the parties to update the Court on the status of this matter, including whether any mediation has taken place and, if so, the results of such mediation.
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 Chapter 11 Status Conference (Cont. from 2/21/19)
Docket 0
The Court will inquire into (1) Debtor's compliance with U.S. Trustee guidelines and requirements; (2) Debtor's current cash balance; and (3) the reliability of the monthly gross revenue estimates in the projections. The projections on Exhibit 2 to the disclosure statement seem to show monthly gross revenue for the period November 2018 to August 2019 at $527,000 to $850,000, whereas actual sales in Exhibit 1 for January 2018 to October 2018 range from $82,755 to $447,507.
Next status conference: to be determined. COURT TO PREPARE ORDER.
COURT TO PREPARE ORDER.
Debtor(s):
Sunpro Solar Inc. Represented By
Robert B Rosenstein
2:00 PM
Hrg. on Confirmation of Chapter 11 Plan
Docket 86
The Court will ask Debtor's counsel to address the apparent discrepancy between monthly gross revenue numbers for 2018 and the projected gross revenue numbers for 2019. If this matter is satisfactorily explained, the Court will confirm the plan.
Next status conference: to be determined.
DEBTOR TO LODGE (1) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND (2) CONFIRMATION ORDER WITHIN 7 DAYS VIA LOU.
Debtor(s):
Sunpro Solar Inc. Represented By
Robert B Rosenstein
9:00 AM
Motion for relief from stay [Real Property]
Wilmington Trust, National Association, Not In Its Individual Capacity, But Solely As Trustee For MFRA Trust 2014-2 vs. DEBTORS
(Motion filed 2/20/19)
[RE: 904 Bruce Street, Anaheim, California 92804]
Docket 81
The Court will inquire into allegations in Debtor's opposition that the mortgage service has been refusing to accept Debtor's payments.
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
9:00 AM
Motion for relief from stay [Real Property]
Lakeview Loan Servicing, LLC, And Its Successors And/Or Assignees vs. DEBTOR
(Motion filed 2/20/19)
[RE: 11791 Kathy Lane, Garden Grove, CA 92840]
Docket 38
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Manuel Figueroa Represented By Andrew Moher
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
American Honda Finance Corporation vs. DEBTORS, And Jeffrey I. Golden,
Chapter 7 Trustee (Motion filed 2/22/19)
[RE: 2010 Honda Odyssey - VIN No.: 5FNR L3H5 XAB0 49046]
Docket 19
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Patrick C. Mastin Represented By Patricia M Ashcraft
Joint Debtor(s):
Suzanne D. Mastin Represented By Patricia M Ashcraft
Trustee(s):
Jeffrey I Golden (TR) Represented By Jeffrey S Shinbrot
9:00 AM
Motion for relief from stay [Real Property]
Crosswind Capital, Inc. vs. DEBTOR (Motion filed 2/25/19)
[RE: 6 Janes Cove Road, Edgartown, MA 02539]
Docket 272
The Court will grant the motion under § 362(d)(1) and (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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 2/25/19)
[RE: 9225 Inglewood Drive, Potomac, MD 20854]
Docket 273
The Court will grant the motion under § 362(d)(1) and (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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 2/25/19)
[RE: 9227 Inglewood Drive, Potomac, MD 20854]
Docket 274
The Court will grant the motion under § 362(d)(1) and (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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]
U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee For The RMAC Trust, Series 2016-CIT vs. DEBTORS
(Motion filed 1/24/19)
[RE: 25622 Chrisanta Drive, Mission Viejo, California 92691]
FR: 2-25-19
Docket 43
- NONE LISTED -
Debtor(s):
Michael Carlisle Represented By Julie J Villalobos
Joint Debtor(s):
Elizabeth Carlisle Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Debtor's Motion For An Order Authorizing Payment Of Prepetition Claims Of Critical Vendors
(Motion filed 2/22/19)
Docket 17
The Court will grant the motion. The Debtor has made out a compelling csae for the payment of prepetition claims of critical vendors.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Hill Concrete Structures Represented By Michael Jones
9:00 AM
Weltman, Weinberg & Reis, Co., L.P.A. - movant attorney Motion for Relief from Stay
VCFS Auto Leasing Company vs. DEBTOR (Motion filed 1/24/19)
RE: 2017 Volvo XC60 T6 AWD
Docket 13
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sean Michael Terhune Represented By Dana Travis
Movant(s):
VCFS Auto Leasing Company Represented By Scott S Weltman
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Buchalter a Professional Corporation - movant attorney Motion for Relief from Stay
Altura Credit Union vs. DEBTORS (Motion filed 2/26/19)
Re: 2012 Buick Enclave
Docket 10
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Lorenzo Keeler Represented By David L Nelson
Joint Debtor(s):
Ashleigh Fuga-Keeler Represented By David L Nelson
Movant(s):
Altura Credit Union Represented By Jeannie Kim
Trustee(s):
Todd A. Frealy (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 2/20/19)
Re: 2018 Lexus NX300
Docket 14
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Veronica Mendivil Represented By Lionel E Giron
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Hrg. on Chapter 7 Trustee's Motion for Order compelling turnover of estate property and documents
(Cont. from 10/16/18)
Docket 37
The Court will not approve the stipulation because (1) it purports (at least by inference) to bind parties who are not before the Court, such as the Chapter 13 Trustee, Amrane Cohen; and (2) it provides for certain outcomes that are not currently before the Court and have not been argued and briefed, such as the provision barring dismissal of the case and requiring automatic conversion to chapter 13.
The Court will proceed to hear and rule upon the motion for turnover. As to that motion:
The Court will grant the motion and order turnover for the reasons argued by the Chapter 7 Trustee in the motion and reply. Debtor's assertion that there are only two unsecured claims totaling $1,009.33 is plainly incorrect. Claims total $12,228.39.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Juan Manuel Pesqueda Represented By Gary S Saunders
2:00 PM
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
2:00 PM
Hrg. on Trustee's Final Report and Applications for Compensation
Docket 0
The Court will grant the application and allow:
Trustee's fees: $1,913.00 Trustee's expenses: $123.69
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Leonor Barajas Perales Pro Se
Trustee(s):
Robert Whitmore (TR) Represented By Julie Philippi
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: $1,802.81 Trustee's expenses: $135.24
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
William J. McMillan Represented By Ronald W Ask
Joint Debtor(s):
Darlene C. McMillan Represented By Ronald W Ask
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Adv#: 8:15-01391 Baek et al v. Halvorson et al
CONT'D STATUS CONFERENCE 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; 12-12-18; 1-28-19
Docket 61
- NONE LISTED -
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 Peter W Bowie
Reem J Bello
9:00 AM
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
Movant(s):
John O. Halvorson Represented By Marc C Forsythe Charity J Manee
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#: 8:17-01068 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; 11-14-18
Docket 1
The amended complaint of plaintiff Larnita Pette ("Ms. Pette") states two claims for relief: (1) a claim under 11 U.S.C. § 523(a)(6) for a determination that defendant Ralph Sanders ("Mr. Sanders") alleged debt to her in respect of two lawsuits currently pending in state court is excepted from discharge as arising from willful and malicious injury; and (2) a claim that Mr. Sanders should be denied a discharge under 11 U.S.C.
§ 727(a)(4).
This adversary proceeding is now before the Court for a pretrial conference. Ms. Pette has filed a unilateral Pre-Trial Stipulation For Claims For Relief the "Stipulation").
Mr. Sanders has filed a declaration alleging he did not receive a copy of the Stipulation until March 4, 2019.
The Court is always mindful of concerns of judicial economy and efficiency and also concerns of convenience to the parties. If Ms. Pette prevails on her second claim for relief, Mr. Sanders will be denied a discharge. If he is denied a discharge, there is no point whatsoever in determining the first claim for relief –it would be moot at that
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point, because none of Mr. Sanders’ debts would be discharged in bankruptcy. On the other hand, if Mr. Sanders prevails on the second claim for relief, then the first claim for relief would not be moot. However, it would make more sense for the two state court actions (designated as SDCSC and OCSC in the Stipulation) to go forward in state court than for this Court to determine issues that a state court is more familiar with – especially considering that at least one of the cases was about ready to go to trial at the time Mr. Sanders filed his bankruptcy petition. If Mr. Sanders were to prevail in state court, then this Court would not need to determine the first claim for relief. If Ms. Pette were to prevail, then the parties could come back to this Court to determine whether the debts determined to exist by the state court are excepted from discharge.
Therefore, the Court will take the following actions:
This adversary proceeding will go to trial on the second claim for relief only. If Ms. Pette prevails and a discharge is denied, the Court will lift the automatic stay to permit Ms. Pette to go back to state court to determine the amount of the debt.
If Mr. Sanders prevails on the second claim for relief, the Court will lift the automatic stay to permit Ms. Pette to go back to state court on the two pending state court actions. This Court will stay the adversary proceeding on the first claim for relief until the state courts determine the matters before them. If Ms. Pette prevails in state court, she will have leave to come back to this Court on the first claim for relief, which will then go forward. If the state courts determine that Mr. Sanders has no liability to Ms. Pette, then there would be nothing left for this Court to do with respect to the adversary proceeding.
In view of the unilateral nature of the Stipulation and the potential for unfairness in documents prepared by only one of the parties, the Court will not approve the Stipulation. This case will go to trial without a join pretrial stipulation or joint pretrial
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order.
Trial on the second claim for relief is set for Monday, May 13, 2019 at 9:00 a.m. Trial will promptly commence at 9:00 a.m., continue until noon, recess from noon to 1:30 p.m., and then continue from 1:30 p.m. to 4:30 p.m. Each party will have three
trial hours to present his or her case. Witness lists and trial exhibits shall be filed with the Court on or before April 30, 2019. The Court will take judicial notice of Mr.
Sanders bankruptcy petition, including but not limited to the schedules and amended schedules. The Federal Rules of Evidence shall apply.
The Court will inquire of the parties whether they wish to go to mediation prior to continuing with this litigation.
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#: 8:17-01068 Pette v. Sanders
Hearing RE: Motion To Exclude Evidence (Motion filed 3/6/19)
Docket 36
The Court will hear argument on whether Adult Protective Services reports and medical (including hospital and nursing home) records are relevant to numbered paragraphs 8, 22, 23 and 28 of the Amended Complaint.
The Court will gran the motion as to evidence relating to a TRO and declarations and case files in the SDCSC action.
COURT TO PREPARE ORDER.
Debtor(s):
Ralph E Sanders Pro Se
Defendant(s):
Ralph E Sanders Pro Se
Movant(s):
Larnita Pette Pro Se
Plaintiff(s):
Larnita Pette Pro Se
9:00 AM
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
Adv#: 8:17-01068 Pette v. Sanders
Hearing RE: Defendant's Motion To Exclude The Testimony Of Paul Gonzalez And Marrissa Knight
(Motion filed 3/15/19)
Docket 40
The Court will deny the motion. The Court cannot determine whether the testimony of Paul Gonzalez and Marrissa Knight is relevant without knowing what they will testify to. Because no indication is provided to the Court as to the subject matter of these witnesses' testimony, the motion must be denied.
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#: 8:18-01117 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; 11-19-18
Docket 1
- NONE LISTED -
Debtor(s):
Derek Lee Collins Represented By Frank X Ruggier
Defendant(s):
Derek Lee Collins Represented By David Brian Lally
Plaintiff(s):
Deborah J. Geary Kermode Represented By Ryan D O'Dea
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
9:00 AM
Adv#: 8:18-01069 Marshack et al v. Biden
Hearing RE: Defendant Arlene C. Biden's Motion To Dismiss Complaint (FRCP 12(b)(6)
(Motion filed 1/22/19)
Docket 37
The amended complaint, like the original complaint, engages in formulaic pleading insofar as it alleges that debtor Phillip B. Greer ("Mr. Greer") was insolvent at the time of the transfer of his community property interest in the subject property to his spouse Arlene Biden over 13 years ago, on October 14, 2005. The amended complaint alleges that Mr. Greer incurred over $100,000 in debt to the California Franchise Tax Board "relating to debt in 2004" – a curious statement because income taxes are not usually computed on a person’s debt, they are computed based on a person’s income. The amended complaint also refers (in numbered paragraph 44) to "Debtor’s obligation of at least $700,000 on the consensual liens on the Property post -Transfer." This statement tells the Court little or nothing about Mr. Greer’s financial position on October 14, 2005 (the date Mr. Greer transferred his interest in the subject property to his spouse) because "post-Transfer" is a more than 13 year period. For example, if the consensual liens were $700,000 in, say, 2014, that has little or no bearing on whether Mr. Greer was insolvent 9 years earlier and in no way rescues the amended complaint from its formulaic pleading of Mr. Greer’s alleged insolvency in 2005.
Insolvency for purposes of California fraudulent transfer law generally is the excess of a person’s liabilities over the fair market value of such person’s assets. Thus, insolvency looks at both sides of the balance sheet: assets as well as liabilities. The
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amended complaint in no way alleges what assets Mr. Greer held on October 14, 2005 or what the fair market value of those assets were on that date. That Mr. Greer may have owned limited assets at the time he filed his bankruptcy petition in early 2018 has little or no bearing on what he owned 13 years earlier.
Under Ashcroft v. Iqbal, 556 U.S. 662 (2009), a complaint asserting claims that are merely conceivable and that do not rise to the level of plausibility does not meet pleading specificity standards required under Federal Rule of Civil Procedure 8, applicable here under Federal Rule of Bankruptcy Procedure 7008. 556 U.S. at 680.
In summary, inadequate allegations about the assets and liabilities of Mr. Greer in 2005 render the amended complaint’s allegation that he was insolvent in 2005 formulaic in nature and do not elevate the amended complaint’s allegations from the conceivable to the plausible. The allegations that Mr. Greer was insolvent in 2005 do not rise from the conceivable to the plausible where almost no allegations address Mr. Greer’s assets as of October 2005. If the Court assumes the veracity of factual allegations in the amended complaint – but not conclusory or formulaic allegations – there is not enough here to support causes of action and claims for relief based upon Mr. Greer’s alleged insolvency.
Additionally, the amended complaint suffers from a vagueness problem. It states causes of action under California Civil Code sections 3439.04 and 3439.05 but fails to state the version of these statutes that the trustee alleges applies in this adversary proceeding – whether the version in effect in 2005 when the transfer occurred or the version in effect in 2018 when the bankruptcy petition was filed. (These statutes have been amended over the years). The trustee must state the version he is relying upon, or else be subject to a motion for a more definite statement.
The Court grants the motion to dismiss with leave to amend. The Trustee has a choice: either plead facts supporting the conclusory and formulaic allegation of insolvency or else drop causes of action in which Mr. Greer’s alleged insolvency circa October 14, 2005 is an essential element of the cause of action.
COURT TO PREPARE ORDER.
9:00 AM
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Arlene C Biden Represented By Phillip Greer
Movant(s):
Arlene C Biden Represented By Phillip Greer Phillip Greer
Plaintiff(s):
Richard A Marshack Represented By Ryan D O'Dea
Chriss W. Street Represented By Timothy C Aires
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D O'Dea
9:00 AM
Adv#: 8:18-01148 Hernandez v. United States of America, by its agency Internal R
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Tax Liability
(Complaint filed 7/26/18)
(Another Summons issued 12/3/18) FR: 10-17-18; 1-16-19; 2-27-19
Docket 1
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 7, 2019.
COURT TO PREPARE ORDER.
Debtor(s):
Lisa Hernandez Represented By Bruce A Boice
9:00 AM
Defendant(s):
United States of America, by its Represented By Jolene Tanner
Plaintiff(s):
Lisa Hernandez Represented By Bruce A Boice
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:18-01217 Franco v. United States of America, by its agency Internal R
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Tax Liability
(Complaint filed 12/20/18)
Docket 1
- NONE LISTED -
Debtor(s):
Lisa Hernandez Represented By Bruce A Boice
Defendant(s):
United States of America, by its Pro Se
Plaintiff(s):
Luz Franco Represented By
Bruce A Boice
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 1/18/19)
Docket 0
The Court will inquire into compliance with U.S. Trustee guidelines and requirements.
The Court will set the bar date for proofs of claim at May 31, 2019 and will require notice of the bar date to be filed and served on or before March 29, 2019.
Next status conference: August 14, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Allan Eli Gindi Represented By Michael R Totaro
Joint Debtor(s):
Carol June Gindi 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 1/18/19)
Docket 0
The Court will inquire into compliance with U.S. Trustee guidelines and requirements.
The Court will set a deadline of October 31, 2019 for filing a plan and disclosure statement and a deadline of January 31, 2020 for confirming a plan.
Next status conference: June 19, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Hill Concrete Structures Represented By Michael Jones
9:00 AM
Adv#: 8:17-01180 Official Committee Of Unsecured Creditors v. Staffmark Investment LLC
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) (set at s/c held 2/28/18) FR: 2-28-18; 10-24-18; 1-28-19
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 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#: 8:18-01155 Naylor v. Sun et al
Hearing RE: Chapter 7 Trustee's Motion For Leave To File A First Amended Complaint
(Motion filed 2/25/19)
Docket 35
The Court will grant the motion.
CHAPTER 7 TRUSTEE 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 Vikram M Reddy
Movant(s):
Karen S Naylor (TR) Represented By Thomas H Casey
Plaintiff(s):
Karen Sue Naylor Represented By
9:00 AM
Trustee(s):
Thomas H Casey
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
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 11/29/18)
Docket 1
- NONE LISTED -
In view of indications from the status report that this adversary proceeding is in the process of being settled, the Court will continue the status conference and the other three matters on calendar in the same proceeding to May 23, 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
9:00 AM
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
(Cont. from 12/6/18)
Docket 46
- NONE LISTED -
In view of indications from the status report that this adversary proceeding is in the process of being settled, the Court will continue the status conference and the other three matters on calendar in the same proceeding to May 23, 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
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 12/6/18)
Docket 7
- NONE LISTED -
In view of indications from the status report that this adversary proceeding is in the process of being settled, the Court will continue the status conference and the other three matters on calendar in the same proceeding to May 23, 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
9:00 AM
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 Mohamed Bagheri's, Party in Interest re Motion For Joinder As Additional Plaintiff under F.R.B.P. 7019 and 7020
(Cont. from 12/6/18)
Docket 29
- NONE LISTED -
In view of indications from the status report that this adversary proceeding is in the process of being settled, the Court will continue the status conference and the other three matters on calendar in the same proceeding to May 23, 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
9:00 AM
Trustee(s):
John P Pringle (TR) Represented By Wesley H Avery
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 1/31/19)
Docket 1
- NONE LISTED -
The Court has tentatively decided to grant the U.S. Trustee's concurrent motion to continue the pretrial conference to July 18, 2019 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#: 6:17-01221 United States Trustee for the Central District of v. Katona et al
Hrg. on U.S. Trustee's Motion filed 3/1/19 to continue Pre-Trial Conference
Docket 22
- NONE LISTED -
The Court will grant the motion.
For good cause shown, the Court will continue the pretrial conference to July 18, 2019 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
Joint Debtor(s):
Gail Marie Katona Represented By Douglas A Plazak
9:00 AM
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#: 6:17-01221 United States Trustee for the Central District of v. Katona et al
Hrg. on U.S. Trustee's Motion filed 3/1/19 for an Order Imposing Evidentiary Sanctions & Excluding Trial Testimony of Certain Witnesses pursuant to Federal Rule of Bankruptcy Procedure 7037 and Federal Rule of Civil Procedure 37
Docket 23
- NONE LISTED -
The United States Trustee’s Motion For an Order Imposing Evidentiary Sanctions and Excluding Trial Testimony of Certain Witnesses Pursuant to Federal Rule of Bankruptcy Procedure 7037 and Federal Rule of Civil Procedure 37 (the "Motion") requires the Court to interpret and apply Federal Rule of Civil Procedure 37(c)(1), relating to failure to provide information or the identity of a witness as required by Federal Rule of Civil Procedure 26(a).
Many of the facts are not in dispute. Debtors Paul and Gail Katona ("Debtors") filed their joint bankruptcy petition on April 7, 2016. The United States Trustee (the "UST") filed a complaint against Debtors for denial of a discharge on November 2, 2017. A Rule 26 conference was held between the UST and the Debtors on November 30, 2017. The UST served its Rule 26 disclosures on December 7, 2017, identifying Debtors as witnesses. Debtors answered the complaint on January 5, 2018. Debtors admit that they failed to provide any Rule 26 disclosures to the UST. They contend that they failed in this regard because their counsel had forgotten to do so, and that their counsel forgot partially because the Rule 26 conference had taken place before the answer was filed and partially because they were never advised to do
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so by the UST.
Pursuant to a stipulation between the parties, the Court amended a scheduling order on August 31, 2018 to provide that all discovery would close on November 1, 2018, all discovery motions were to be heard before November 30, 2018 and all pretrial motions (except motions in limine) were to be heard before December 31, 2018.
Debtors finally served their Rule 26 disclosures on December 12, 2018. These disclosures identified the following persons as likely to have discoverable information that Debtors might use to support claims or defenses: Paul and Gail Katona, Richard and Robert Proulx, Robert Bonds, Manfred Schroer, Rika Kido and Joanne Crowell. Also set forth in the Rule 26 disclosures are the documents, records and transcripts that the Defendants might use to support claims or defenses.
The Motion asks the Court to enter an order precluding the Debtors from offering trial testimony of any of the witnesses named above based on Rule 37(c)(1).
Rule 37 (c)(1) provides that if a party fails to identify a witness as required by Rule 26(a) or (e), "the party is not allowed to use that . . . witness to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless." The United States Court of Appeals for the Ninth Circuit has made it clear that the burden of proving that a failure to comply in this regard is substantially justified or harmless is on the party who failed to comply with Rule 26, not on such party’s opponent. Torres v. City of Los Angeles, 548 F.3d 1197, 1213 (9th Cir. 2008), cert. denied, 129 S. Ct. 1995 (2009).
Debtors, having the burden of proof, have failed to make a sufficient showing that their failure to timely make Rule 26 disclosures is substantially justified. Rule 26( e) in effect imposes a requirement of continuing compliance with Rule 26(a) by providing that a party who has responded to an interrogatory, request for production or request for admission must supplement the initial disclosure "if the party learns that in some material respect the disclosure or response is incomplete or incorrect, and if the additional or corrective information has not otherwise been made known to the other
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parties during the discovery process . . ." Technically speaking, Rule 26( e) perhaps does not apply here because Debtors never made timely Rule 26 disclosures in the first place. However, the presence of Rule 26(e ) in the Rules should have been a reminder to Debtors’ counsel about the Rule 26 initial disclosure requirements each time the UST made a request for admission or a request for production. In that sense, what occurred here was not a single isolated failure of Debtors to comply with Rule 26 but an entire series of failures to comply over the space of about one year. Even if a single "I forgot" can be considered a substantially justified failure (a dubious proposition to begin with, based upon the authorities cited by the UST), repeated forgetfulness while discovery proceeded and ran its course over an entire year has not been shown by Debtors to be substantially justified.
Turning to the issue of harmlessness, Debtors propose that harm to the UST can be prevented by reopening discovery and allowing the UST a period of time to conduct written discovery and/or depositions. In rebuttal, the UST argues that he has already "formed and developed his discovery plan, legal theories, pretrial materials, and trial strategy based on the information acquired during discovery."
Debtors have the burden of proof, and they have failed to make a sufficient showing that forcing the UST to reinvent the wheel on its legal theories, pretrial materials and trial strategy is "harmless." They have provided no evidence relating to how much additional time and energy the UST will need to devote if the Court were to deny the Motion and permit the testimony of the eight witnesses named above. Nor have the Debtors provided any evidence of how much additional discovery time will be required if these witnesses are allowed to testify at trial or what other additional issues may arise and what amount of time will be required to allow the UST to address them. Not knowing how much additional energy and time will be required of the UST if the Court were to deny the Motion, the Court cannot determine that Debtors have shown their failure to comply with Rule 26 is harmless.
The Court will grant the Motion in part and deny it in part. The Court will permit Debtors to themselves testify in support of their case because it was or should have been obvious to the UST that Debtors would likely testify at the trial of this adversary
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proceeding. The Court will also permit Manfred Schroer, Esq., Debtors’ bankruptcy counsel, to testify for the same reason. The remaining five witnesses will not be permitted to testify (the Proulxs, Joanne Crowell, Mr. Bond and Ms. Kido).
The Court recognizes that its ruling may have a major impact on Debtors’ case. If Debtors wish to take an interlocutory appeal of the Court’s ruling, the Court will adjust the scheduling order with respect to the date of the pretrial conference to permit such appeal to go forward and be determined.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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 Rika Kido Brianna L Frazier
9:00 AM
9:00 AM
Adv#: 6:18-01121 Altman v. Shin
Hrg. on Plaintiff's motion for leave to amend complaint pursuant to FRBP 7015, FRCP 15 and relief from scheduling order pursuant to FRBP 7016, FRCP 16
(Tele. appr. Kathleen P. March, rep. Defendants Yun Hei Shin)
Docket 11
- NONE LISTED -
The Court will deny the motion for the reasons argued by Ms. Shin.
MS. SHIN TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Defendant(s):
Yun Hei Shin Represented By
Kathleen P March
Plaintiff(s):
Murray Altman Represented By Andrew S Bisom
9:00 AM
Hrg. on Confirmation of Second Amended chapter 11 plan
(To be held in Courtroom 6C, 411 West Fourth Street, Santa Ana, CA 92701)
(Cont. from 1/31/19)
Docket 0
NONE LISTED -
NONE LISTED -
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Hrg. on creditor Havasu Lakehore Investments, LLC Motion filed 1/10/19 to Strike Supplemental Declarations of Terry L. Fleming, Jr. and Michael J.
Vanderley
(Cont. from 1/31/19)
Docket 272
NONE LISTED -
NONE LISTED -
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Adv#: 6:18-01221 Hardt, Jr v. Hamzey, Jr. et al
Hrg. Defendants' Motion filed 2/28/19 for reconsideration of the Court's Order on Motion by defendants to dismiss adversary proceeding.
Docket 27
NONE LISTED -
For good cause shown, the Court will grant relief pursuant to Rule 60(b) (applicable by reason of FRBP 9024), will vacate its ruling denying the motion to dismiss with prejudice and will set a hearing on the motion to dismiss for April 18, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Defendant(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Marie Ann Hamzey Represented By Daniel C Sever
Joint Debtor(s):
Marie Ann Hamzey Represented By
9:00 AM
Daniel C Sever
Plaintiff(s):
William Joseph Hardt Jr Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Adv#: 6:18-01221 Hardt, Jr v. Hamzey, Jr. et al
STATUS CONFERENCE re complaint for recovery of money/property pursuant to 11 U.S.C. Section 548 and Nondischargeability of debt 1 U.S.C. Section 523(A)(4)
(Cont. from 3/14/19)
Docket 1
NONE LISTED -
The Court will continue the status conference to March 21, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Defendant(s):
Robert Mansour Hamzey Jr. Pro Se
Marie Ann Hamzey Pro Se
Joint Debtor(s):
Marie Ann Hamzey Represented By Daniel C Sever
9:00 AM
Plaintiff(s):
William Joseph Hardt Jr Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Adv#: 6:19-01011 Morris et al v. REO Property Group, LLC, a California limited liab
Hrg. on Defendants' Motion filed 2/11/19 to Dismiss Adversary Proceeding
Docket 6
NONE LISTED -
In view of the parties’ desire to mediate, as expressed in the Joint Status Report, filed March 18, 2019, the Court will order this matter into mediation. The parties shall file a mediation stipulation and lodge an order thereon on or before April 15, 2019.
The Court will continue the hearing on the motion to dismiss to August 7, 2019 and will take the status conference set for March 28, 2019 at 9:00 a.m. off calendar.
COURT TO PREPARE ORDER.
Debtor(s):
Wayne Morris Represented By Michael A Cisneros
Defendant(s):
REO Property Group, LLC, a Represented By Phillip C Law
Frank Zeng Represented By
Phillip C Law
9:00 AM
Joint Debtor(s):
Celia Morris Represented By
Michael A Cisneros
Plaintiff(s):
Wayne Morris Represented By Michael A Cisneros
Celia Morris Represented By
Michael A Cisneros
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Hrg. on Chapter 11 Status Conference
(Tele. appr. Thomas Vogele, rep. creditor Yang)
Docket 1
NONE LISTED -
The Court will inquire into compliance with U.S. Trustee's guidelines and requirements.
Next status conference: to be determined. COURT TO PREPARE ORDER.
Debtor(s):
Yongming Sui Represented By Javier H Castillo
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;
1-31-19
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Mohdsameer Aljanedi Dental Represented By Andy C Warshaw
Richard L. Sturdevant
9:00 AM
Motion for relief from stay [Real Property]
US Bank Trust National Association, As Trustee Of The SCIG Series III Trust vs. DEBTOR
(Motion filed 2/22/19)
[RE: 2121 Baja Avenue, La Habra, CA 90631]
Docket 32
The Court will grant the motion under § 362(d)(1) and terminate the co-debtor stay.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael R Artozqui Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation vs. DEBTORS (Motion filed 2/22/19)
[RE: 2015 Toyota Camry - VIN No.: 4T1BF1FK2FU496177]
Docket 11
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Tyson S. Lozano Represented By Christian T Spaulding
Joint Debtor(s):
Janelle O. Lozano Represented By Christian T Spaulding
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Cab West vs. DEBTORS (Motion filed 2/28/19)
[RE: 2016 Ford Explorer - VIN No.: 1FM5K8FHXGGD13999]
Docket 58
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Rohit Walia Represented By
Arash Shirdel
Joint Debtor(s):
Poonam Walia Represented By Arash Shirdel
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Wilmington Trust, National Association, Not In Its Individually Capacity, But Solely As Trustee For MFRA Trust 2016-1, Its Assignees And/Or Successors vs. DEBTOR
(Motion filed 1/30/19)
[RE: 22496 Lake Forest Lane, Lake Forest, CA 92630]
FR: 2-25-19
Docket 42
The Court will grant the motion under § 362(d)(1) unless debtor is current by the date of the hearing.
MOVANT 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
9:00 AM
Motion for relief from stay [Unlawful Detainer]
Sequoia Equities - Paloma, A California Limited Partnership vs. DEBTOR (Motion filed 2/27/19)
[RE: 26371 Paloma, No. 96, Foothill Ranch, CA 92610]
Docket 14
The Court will grant the motion under § 362(d)(1) and (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Brala Beverly Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
Hearing RE: Interim Application For Allowance Of Compensation And Reimbursement Of Expenses For The Period From April 14, 2018 Through January 24, 2019
(Application filed 1/28/19)
[RE: ANDY C. WARSHAW - Attorney For Debtor] [Fees: $19,962.00; Expenses: $0.00]
Docket 194
The Court will grant and allow on an interim basis:
Attorney's fees: $19,962.00 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: Trustee's Objection And Objection To Debtors' Claim Of Homestead Expemption
(Motion filed 2/4/19)
Docket 17
The Court will deny the motion without prejudice on grounds of mootness, in view of the amended claim of exemption filed on 3/13/19.
DEBTORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Patrick C. Mastin Represented By Patricia M Ashcraft Sean C Ferry
Joint Debtor(s):
Suzanne D. Mastin Represented By Patricia M Ashcraft Sean C Ferry
Trustee(s):
Jeffrey I Golden (TR) Represented By Sean C Ferry Jeffrey S Shinbrot
2:00 PM
Hearing RE: First Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From September 24, 2018 Through February 28, 2019
(Application filed 3/4/19)
[RE: Weiland Golden Goodrich, LLP - Attorneys For Chapter 7 Trustee, Jeffrey I. Golden]
[Fees: $17,315.00; Expenses: $60.20]
For The Period From June 26, 2017 Through September 18, 2018 [Fees: $7,650.00; Expenses: $0.00]
Docket 82
The Court will grant and allow on an interim basis:
Attorney's fees: $24,965.00 Attorney's expenses: $60.20
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sen Hieu Phung Represented By Jeffrey J Hagen
Trustee(s):
Jeffrey I Golden (TR) Represented By Jeffrey I Golden
2:00 PM
Reem J Bello
2:00 PM
Hearing RE: First Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From May 31, 2016 Through February 28, 2019
(Application filed 3/4/19)
[RE: WEILAND GOLDEN GOODRICH LLP - Attorneys For Chapter 7 Trustee, Jeffrey I. Golden]
[Fees: $17,990.00; Expenses: $165.00]
Docket 58
The Court will grant and allow on an interim basis:
Attorney's fees: $17,990.00 Attorney's expenses: $165.00
However, no payment shall be made until federal and state tax returns have been filed and the deadline under 11 U.S.C. § 505(b) shall have elapsed.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael Spnoza Represented By Marlin Branstetter Leon Ozeran
Trustee(s):
Jeffrey I Golden (TR) Represented By
2:00 PM
Reem J Bello
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
ACAR Leasing LTD vs. Debtors (Motion filed 2-25-19)
RE: 2016 Chevrolet Malibu, VIN: 1G1ZE5ST4GF259359
(Tele. appr. Sheryl Ith, rep. creditor GMS)
Docket 20
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Steven Lynn Mason Represented By
M. Wayne Tucker
Joint Debtor(s):
Darnelle Cheri Mason Represented By
M. Wayne Tucker
Movant(s):
ACAR Leasing LTD d/b/a GM Represented By Jennifer H Wang
9:00 AM
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
Bank of America, N.A. vs. Debtors (Motion filed 2/28/19)
Re: U 2013 MERCEDES-B S CLASS; VIN NO. WDDNG7DBXDA496498
Docket 14
The Court will grant the motion under § 362(d)(1) and (d)(2) unless Debtor is current by the time of the hearing.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Stephen Todd Stires Represented By Patricia M Ashcraft
Movant(s):
Bank of America, N.A. Represented By Megan E Lees
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
Honda Lease Trust vs. DEBTOR, Todd Frealy, chapter 7 trustee (Motion filed 3/1/19)
Re: 2016 HONDA ACCORD, VIN: 1HGC R2F3 5GA1 38686
Docket 9
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Maricruz Ortiz Represented By Stephen D Brittain
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg. on trustee's final report; applications for compensations
Docket 0
The Court will grant and allow:
Trustee's fees: $873.03 Trustee's expenses: $149.87
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Francisco E. Caballero Represented By Daniel C Sever
Joint Debtor(s):
Leticia G. Caballero Represented By Daniel C Sever
Trustee(s):
Charles W Daff (TR) Pro Se
2:00 PM
Hrg. on Application filed 1/29/19 to Employ Javier H. Castillo as General Bankruptcy Counsel
(Cont. from 2/26/19)
Docket 23
It is clear to the Court that Mr. Castillo may not represent both corporationsand their principal (Mr. Sui). Potential conflicts of interest abound, and counsel would have divided loyalties were he to represent both corporate debtors and Mr. Sui. The Court therefore denies the application.
Debtor(s):
RFS Sports, Inc. Represented By Javier H Castillo
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; 12-12-18
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):
Ink Systems, Inc. Represented By Theodore A Cohen
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Jeffrey P Nolan
9:00 AM
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) (set at s/c held 2-28-18) (S/C set at PTC held 12/19/18)
FR: 2-28-18; 10-24-18
Docket 1
The Court will continue this matter to September 18, 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
9:00 AM
Defendant(s):
Southern Lithoplate, Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
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; 12/19/18
Docket 1
The Court will continue this matter to September 18, 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):
Professional Courier & Newspaper Represented By
Justin D Harris
Brandt Brothers, LLC Represented By
9:00 AM
Justin D Harris
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; 12-19-18
Docket 1
The Court will continue the status conference to August 14, 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):
Central National Gottesman, Inc. Represented By
9:00 AM
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,
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; 12-12-18
Docket 1
The Court will set the pretrial conference for June 26, 2019 at 9:00 a.m. Defendant may calendar its motion for summary judgment for May 29, 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):
Press-One Customer Care, 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#: 8:17-01205 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, 12-12-18
Docket 1
The Court will continue the status conference to September 18, 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; 12-12-18
Docket 1
The Court will continue this status conference to September 18, 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):
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; 12-12-18
Docket 1
The Coure will issue an amended 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 9, 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
9:00 AM
Caroline Djang 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#: 8:17-01213 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; 12-12-18
Docket 1
The Court will issue a scheduling order:
All fact discovery shall close on June 30, 2019.
All expert discovery shall close on September 30, 2019.
The sets a further status conference for October 9, 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
9:00 AM
Reed M Mercado
Defendant(s):
Sourcehov LLC Represented By David B Golubchik
United Information Services, Inc. Represented By
David B Golubchik
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01180 Official Committee Of Unsecured Creditors v. Staffmark Investment LLC
CONT'D Hearing RE: Defendant Staffmark Investment, LLC's Motion For Summary Judgment
(Motion filed 11/7/18) FR: 12-19-18; 1-22-19
Docket 24
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 Represented By Scott A Schiff
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01186 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; 12/19/18
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):
Circulation Technicians, Inc. Represented By Scott A Schiff
Plaintiff(s):
Official Committee Of Unsecured Represented By
9:00 AM
Andrew W Caine 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)
FR: 3-28-18; 12-19-18
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):
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#: 8:17-01199 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; 12-19-18
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):
Veritiv Operating Company Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
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; 9-5-18; 1-9-19
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#: 8:18-01193 Basho Technologies Holdco C, LLC et al v. Chester
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Section 523(a)(4) And Objection To Discharge Under 11 U.S.C. Sections 727(a)(2) And (a)(3)
(Complaint filed 10/26/18) FR: 1-16-19; 1-23-19
Docket 1
- NONE LISTED -
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Davenport C. Chester Pro Se
Plaintiff(s):
Basho Technologies Holdco C, LLC Represented By
Bradley Gardner Randye B Soref
Basho Technologies Holdco E, LLC Represented By
Bradley Gardner Randye B Soref
Hunoby Enterprises, LLC Represented By Bradley Gardner
9:00 AM
Randye B Soref
Earl P. Galleher III Represented By Bradley Gardner Randye B Soref
Basho Technologies Holdco B, LLC Represented By
Randye B Soref Bradley Gardner
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
9:00 AM
Adv#: 8:18-01155 Naylor v. Sun et al
CONT'D 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)
FR: 10-24-18
Docket 1
- NONE LISTED -
Debtor(s):
Chester C Davenport Represented By Jing Wang
Defendant(s):
Yan Yu Sun Pro Se
Bianca Sun Pro Se
9:00 AM
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#: 8:18-01083 B3 FIT, INC et al v. Isaly
CONT'D PRE-TRIAL 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)
(PTC set at S/C held 8/1/18) FR: 8-1-18
Docket 1
- NONE LISTED -
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 Anthony B Vigil
Plaintiff(s):
Tina Shorter Represented By
Ian Landsberg
Terence Shorter Represented By Ian Landsberg
9:00 AM
B3 FIT, INC Represented By
Ian Landsberg
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
CONT'D Hearing RE: Debtor's Motion For An Entry Of An Order Barring, Estopping, Enjoining, Discharging And Deeming Waived The Claim Of The Internal Revenue Service For Certain Penalties Or, In The Alternative,
Determining Penalties Should Be Zero (Motion filed 12/20/18)
FR: 12-28-18; 1-23-19
Docket 611
NONE LISTED -
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
9:00 AM
CONT'D Hearing RE: Motion For Entry Of An Order (I) For Approving The Disclosure Statement; (II) Establishing Voting Record Date; (III) Approving Solicitation Packages And Distribution Procedures; (IV) Approving Form Of Ballots And Establishing Procedures For Voting On Plan Of Liquidation; (V) Approving Forms Of Notices To Non-Voting Classes Under Plan; (VI) Establishing Voting Deadline To Accept Or Reject Plan; (VII) Approving Procedures For Vote Tabulations; And (VIII) Establishing Confirmation Hearing Date And Notice And Objection Procedures Thereof
(Motion filed 12/5/18) FR: 1-23-19; 2-27-19
Docket 606
The Court will overrule objections of the Quantum Shareholders’ Group to the proposed disclosure statement for the reasons stated by debtor QF Liquidation, Inc. in its reply.
The Court will approve the disclosure statement with certain minor modifications that the Court will indicate at the hearing.
The Court will enter an order addressing the following matters:
The disclosure statement, plan and ballots shall be filed and served (in accordance with the procedures described in the disclosure statement) on or before April 5, 2019.
Ballots and any objections to plan confirmation shall be due May 10, 2019.
9:00 AM
Replies to objections, the ballot summary and the plan confirmation memorandum shall be due May 24, 2019.
The plan confirmation hearing shall be held June 19, 2019 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
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;
1-31-19; 3-21-19
Docket 1
NONE LISTED -
Debtor(s):
Mohdsameer Aljanedi Dental Represented By Andy C Warshaw
Richard L. Sturdevant
9:00 AM
Adv#: 8:18-01084 Modern VideoFilm, Inc. v. Barkat et al
CONT'D 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) FR: 12-19-18; 2-27-19
Docket 88
The Court agrees with movant Modern VideoFilm, Inc. that it made an error in law in concluding that the state law of privilege applies in a case where there is a mixture of federal and state claims for relief in a federal case. Wilcox v. Arpaio, 753 F.3d 872, 876 (9th Cir. 2014) (" . . . federal privilege law governs"); Agser v. Maricopa Cnty., 422 F.3d 836 (9th Cir. 2005). Therefore, it vacates its Order on Motion to Approve Stipulation Re Production of Documents By Managease, Inc. Pursuant to L.R. 9013-1, Docket No. 84, filed and entered November 15, 2018.
The Court believes it would benefit from additional briefing on the issues of whether
the mediation agreement allegedly entered into by the Barkat Parties and Managease in connection with the mediation before JAMS (referred to in the Christopher D. Beatty Declaration) contains confidentiality provisions that would render non-discoverable the materials Managease has been asked to produce; (2) Rule 408 does apply here and bars the discovery of such materials because Modern VideoFilm, Inc. proposes to use them to disprove Managease’s liability to Mr. Barkat and to prove that its real liability was to Modern VideoFilm, Inc. and (3) even if such materials are excluded from evidence, do they still remain discoverable?
9:00 AM
With respect to issue (1), the parties who brief this issue should take into account Facebook, Inc. v. Pacific Northwest Software, Inc., 640 F.3d 1034 (9th Cir. 2011) where the United States Court of Appeals for the Ninth Circuit held that mediation stipulations or agreements are enforceable against the parties to the mediation in accordance with their terms. In its Reply to Opposition to Motion For Reconsideration, Docket No. 94, filed December 11, 2018 (the "Reply"), Modern VideoFilm, Inc. argued that Modern VideoFilm, Inc. was a party to the mediation. Reply at page 22 of 29, line 28 ("In this case, MVF was a party to the Managease mediation." Italics in the original).
Modern VideoFilm, Inc.’s brief is due on or before April 17, 2019. The Barkat Parties opposition is due on or before May 8, 2019. Modern VideoFilm, Inc.’s reply is due on or before May 22, 2019. This matter will then be re-heard by the Court on June 17, 2019 at 2:00 p.m.
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
Plaintiff(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Richard H Golubow
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 11/20/18)
Docket 0
NONE LISTED -
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#: 6:19-01002 Pringle v. Cohen
STATUS CONFERENCE re: Complaint by John P. Pringle against Daniel Lawrence Cohen. (41 (Objection / revocation of discharge - 727(c),(d),(e)))
Docket 1
NONE LISTED -
Debtor(s):
Daniel Lawrence Cohen Represented By Robert L Firth
Defendant(s):
Daniel Lawrence Cohen Pro Se
Plaintiff(s):
John P. Pringle Represented By
D Edward Hays
Trustee(s):
John P Pringle (TR) Represented By
D Edward Hays
9:00 AM
Adv#: 6:19-01011 Morris et al v. REO Property Group, LLC, a California limited liab
STATUS CONFERENCE re: Complaint by Wayne Morris, Celia Morris against REO Property Group, LLC, a California limited liability company, Frank Zeng
Docket 1
NONE LISTED -
Debtor(s):
Wayne Morris Represented By Michael A Cisneros
Defendant(s):
REO Property Group, LLC, a Pro Se
Frank Zeng Pro Se
Joint Debtor(s):
Celia Morris Represented By
Michael A Cisneros
Plaintiff(s):
Wayne Morris Represented By Michael A Cisneros
Celia Morris Represented By
Michael A Cisneros
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 3/28/19)
Docket 0
The Court will inquire into whether, as of the date of the status conference, the Debtors have made all payments required under the plan.
Next status conference: August 8, 2019. 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
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; 10-15-18
Docket 95
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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 [Peronal Property]
Capital One Auto Finance, A Division Of Capital One, N.A. vs. DEBTOR (Motion filed 2/28/19)
[RE: 2012 Ford Expedition XLT Sport Utility 4D] [VIN No.: 1FMJU1H50CEF33774]
Docket 46
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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
9:00 AM
Motion for relief from stay [Real Property]
SchoolsFirst Federal Credit Union vs. DEBTORS (Motion filed 3/12/19)
[RE: 2800 Keller Drive, #158, Tustin, CA 92782]
Docket 22
The Court will deny the motion without prejudice. Movant appears to be protected by an equity cushion of approximately $55,000.
COURT TO PREPARE ORDER.
Debtor(s):
Patrick C. Mastin Represented By Patricia M Ashcraft
Joint Debtor(s):
Suzanne D. Mastin Represented By Patricia M Ashcraft
Trustee(s):
Jeffrey I Golden (TR) Represented By Jeffrey S Shinbrot
2:00 PM
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; 11-14-18
Docket 1
The Court will inquire into (1) compliance with U.S. Trustee guidelines and requirements and (2) a rough estimate of the amount in controversy in the three remaining avoidance actions and the adversary proceeding against Aaron Kushner et al. (This estimate can be an aggregate of all four actions.)
Next status conference: October 16, 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
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order Disallowing Claims: (Motion filed 3/7/19)
Claim No. 4-1 Toyota Motor Credit Corporation $20,150.80
Docket 65
The Court will grant and allow Claims 4-1, 5-1 and 6-1 as secured claims only, not entitled to any distribution from the estate.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jonathan Friestedt Represented By Julie J Villalobos
Joint Debtor(s):
Darlene Friestedt Represented By Julie J Villalobos
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order Disallowing Claims: (Motion filed 3/7/19)
Claim No. 5-1 Toyota Motor Credit Corporation $13,662.00
Docket 67
The Court will grant and allow Claims 4-1, 5-1 and 6-1 as secured claims only, not entitled to any distribution from the estate.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jonathan Friestedt Represented By Julie J Villalobos
Joint Debtor(s):
Darlene Friestedt Represented By Julie J Villalobos
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order Disallowing Claims: (Motion filed 3/7/19)
Claim No. 6-1 Wells Fargo Bank, N.A.. $716,682.60
Docket 69
The Court will grant and allow Claims 4-1, 5-1 and 6-1 as secured claims only, not entitled to any distribution from the estate.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jonathan Friestedt Represented By Julie J Villalobos
Joint Debtor(s):
Darlene Friestedt Represented By Julie J Villalobos
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order Disallowing Claims: (Motion filed 3/8/19)
Claim No. 4-1 Marko C. Barker $100,000.00
Docket 20
The Court will sustain the objection. Claim 4-1 is allowed 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):
Carson Laboratories, Inc. , a Nevada Represented By
Charles W Daff
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order Disallowing $2,800.00 Of Claim No. 9-1 And Reclassifying It As A General Unsecured Claim:
(Motion filed 3/8/19)
Claim No. 9-1 Brown Jaynes $571,197.00
Docket 22
The Court will sustain the objection as follows. Claim 9-1, a priority claim, is reclassified as an unsecured claim.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Carson Laboratories, Inc. , a Nevada Represented By
Charles W Daff
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order Disallowing Claims: (Motion filed 3/8/19)
Claim No. 6-1 Jack O. Scrivner $50,000.00
Docket 24
The Court will sustain the objection. Claim 6-1 is disallowed in its entirety and reclassified as an interest in the Debtor corporation.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Carson Laboratories, Inc. , a Nevada Represented By
Charles W Daff
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTORS, John P.Pringle, trustee (Motion filed 3/6/19)
RE: 2013 Honda Civic, VIN: 19XFB2F59DE266505
Docket 14
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Byron Hernandez Represented By Paul Y Lee
Joint Debtor(s):
Cassandra I Rodriguez Represented By Paul Y Lee
Trustee(s):
John P Pringle (TR) Pro Se
9:00 AM
Elder Law Center, P.C. - movant attorney Motion for Relief from Stay
Motion in Individual case for order imposing a stay or continuing the automatic stay as the court deems appropriate
(Motion filed 3/18/19)
Re: 2415 W. Etiwanda Avenue, San Bernardino, CA 92410
Docket 13
The Court will grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Esperanza Sanchez de Dominguez Represented By
Ronald W Ask
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 3/4/19 to Allow Claim 3 of Bank of America, NA as Fully Secured, Not Entitled to a Dividend
Docket 27
The Court will grant the motion and allow Claim 3 as a secured claim only and not entitled to any distribution from the estate.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Olivia Patricia Goldsmith Represented By
C Scott Rudibaugh
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Hrg. on trustee's final report; applications for compensation
Docket 0
The Court will grant and allow:
Trustee's fees: $1,125.00 Trustee's expenses: $46.85
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Haely Rodriguez Represented By Luis G Torres
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Hrg. on Debtor's Motion filed 1/28/19 For Contempt against Fair for their intentional violation of the automatic stay
(Cont. from 3/12/19)
Docket 15
- NONE LISTED -
Debtor(s):
Damien Latrell Rogers Represented By Steven A Alpert
L. Tegan Rodkey
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Hrg. on Motion by Chapter 7 Trustee filed 3/14/19 to Extend Deadline to File Complaint to Deny Discharge Pursuant to Rule 4004(b)(1) of the Federal Rules of Bankruptcy Procedure
Docket 71
The Court will grant the motion.
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 Tinho Mang
9:00 AM
Evidentiary hrg. re Operation re Objection to Claim No. 25 filed by Claimant Environmental Chemical & Consulting, Inc.
Docket 0
The evidentiary hearing will go forward in Santa Ana at Courtroom 6C, 411 West 4th Street, Santa Ana, CA. No video hook-up from Riverside will be available.
Issues before the Court at the evidentiary hearing are:
Whether Debtors have made out a prima facie case that their objection to ECC's claim is equal or greater in probative force to the evidence set forth in ECC's proof of claim.
If a prima facie case has been made out under the foregoing standard, has ECC proved up its claim by a preponderance of the evidence?
Debtor(s):
Deontay Daymont Potter Represented By
M. Jonathan Hayes
Joint Debtor(s):
Joy Shaun Potter Represented By
M. Jonathan Hayes
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; 10-24-18; 1-16-19
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#: 8:18-01193 Basho Technologies Holdco C, LLC et al v. Chester
CONT'D Hearing RE: Plaintiff's Motion To Strike Defendant's Affirmative Defenses
(Motion filed 2/20/19) FR: 3-13-19
Docket 17
No tentative ruling.
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Davenport C. Chester Represented By Michael Jay Berger
Plaintiff(s):
Basho Technologies Holdco E, LLC Represented By
Bradley Gardner Randye B Soref Michael Jay Berger
Hunoby Enterprises, LLC Represented By Bradley Gardner Randye B Soref Michael Jay Berger
9:00 AM
Earl P. Galleher III Represented By Bradley Gardner Randye B Soref Michael Jay Berger
Basho Technologies Holdco B, LLC Represented By
Randye B Soref Bradley Gardner Michael Jay Berger
Basho Technologies Holdco C, LLC Represented By
Bradley Gardner Randye B Soref Michael Jay Berger
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
9:00 AM
Adv#: 8:18-01189 Labor Commissioner, State of California v. Balsamo
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Request Determination Of Dischargeability Of Debt
(Complaint filed 10/15/18)
(Another Summons issued 1/14/19) FR: 1-9-19
Docket 1
The status conference will go forward.
Debtor(s):
James Russell Balsamo Represented By Joseph M Tosti
Defendant(s):
James Russell Balsamo Pro Se
Plaintiff(s):
Labor Commissioner, State of Represented By Phoebe P Liu
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Adv#: 8:18-01189 Labor Commissioner, State of California v. Balsamo
Hearing RE: Service Issues (Set per Order Entered 2/15/19)
Docket 17
- NONE LISTED -
Debtor(s):
James Russell Balsamo Represented By Joseph M Tosti
Defendant(s):
James Russell Balsamo Pro Se
Plaintiff(s):
Labor Commissioner, State of Represented By Phoebe P Liu
Trustee(s):
Richard A Marshack (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 2/1/19)
Docket 0
The Court will inquire into compliance with U.S. Trustee guidelines and requirements.
The Court will set a deadline of July 31, 2019 for filing a plan and disclosure statement and a deadline of September 30, 2019 for confirming a plan.
Next status conference: TBD. COURT TO PREPARE ORDER.
Debtor(s):
Sepideh Sally Cirino Pro Se
9:00 AM
Adv#: 8:18-01035 Federal Trade Commission v. Lake
CONT'D STATUS CONFERENCE Hearing RE: Amended Complaint For Nondischargeability Of Debt
(Complaint filed 2/9/18) (Amended Complaint filed 3/30/18) (Another Summons issued 3/30/18)
FR: 5-23-18; 6-27-18; 10-24-18
Docket 9
The Court will continue the status conference to October 16, 2019 at 9:00 a.m. The FTC is ordered to file, on or before October 2, 2019, an updated status report advising the Court of the status of criminal proceedings against defendant Dennis Lake.
COURT TO PREPARE ORDER.
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
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; 10-24-18
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
10:00 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Ally Financial (Motion filed 2/25/19)
[RE: 2014 Kia Soul - VIN No.: KNDJP3A5XE7736552 - $6,911.36]
Docket 9
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Cathleen Anne Schreiner Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 80
- NONE LISTED -
Debtor(s):
Juana Pierda Mondragon 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: 2-6-19
Docket 18
- NONE LISTED -
Debtor(s):
Twyla Renee Channel Represented By Kahlil J McAlpin
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmaiton Of Chapter 13 Plan FR: 3-13-19
Docket 17
- NONE LISTED -
Debtor(s):
Virginia Ann Von Schaefer Represented By Omero Banuelos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 3-13-19
Docket 2
- NONE LISTED -
Debtor(s):
Michael Leelin Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 11
- NONE LISTED -
Debtor(s):
Maria Lucia Aguilar Represented By Jaime A Cuevas Jr.
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 15
- NONE LISTED -
Debtor(s):
Gabriel Garcia Represented By Jaime A Cuevas Jr.
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 12
- NONE LISTED -
Debtor(s):
Martin Andelman Represented By Nathan Fransen
Joint Debtor(s):
Stacey Andelman Represented By Nathan Fransen
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Luong Ngoc Dang 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):
William G Stanley Represented By Anthony P Cara
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 2/19/19)
Docket 79
The Court will continue this hearing to July 24, 2019 at 3:00 p.m. to give Mr. Martinez an opportunity to become current on all plan payments, provide tax returns to the Trustee and make arrangements regarding the CVIP claim.
COURT TO PREPARE ORDER.
Debtor(s):
Felix Martinez Represented By Joseph A Weber Fritz J Firman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Motion For Order Dismissing Chapter 13 Proceeding [11 U.S.C. Section 1307(c)(6)]
(Motion filed 2/13/19)
Docket 73
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Alejandro Chavez Represented By Bryn C Deb
Joint Debtor(s):
Francisca Ledesma Chavez Represented By Bryn C Deb
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 3/5/19)
Docket 59
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS
Debtor(s):
Robin N. Willis Represented By Marco A Torres
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 2/6/19)
(Opposition filed 2/15/19)
(Set per Notice of Hearing filed 2/15/19) FR: 3-13-19
Docket 65
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Joan Ellen Yates Represented By Allan S Williams
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 2/6/19)
(Opposition filed 2/17/19)
(Set per Notice of Hearing filed 2/17/19)
Docket 38
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS
Debtor(s):
Jesus B Bailon Represented By
James Geoffrey Beirne
Joint Debtor(s):
Rita Gonzaga Bailon Represented By
James Geoffrey Beirne
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 1/8/19)
(Opposition filed 1/31/19)
(Set per Notice of Hearing filed 1/31/19) FR: 3-13-19
Docket 42
The Court will grant the motion unless all required plan payments are brought current by the date of the hearing.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael Carlisle Represented By Julie J Villalobos
Joint Debtor(s):
Elizabeth Carlisle 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 2/16/19)
(Opposition filed 2/28/19)
Docket 75
The Court will grant the motion and dismiss the case unless Debtor is current on all plan payments by the date of the hearing.
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: Objection To Debtor's Claims Of Exemption (Set per Notice of Hearing filed 3/19/19)
Docket 21
The Court will grant the motion and disallow the claimed exemptions for homestead and paid earnings.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Virginia Ann Von Schaefer Represented By Omero Banuelos
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 3/5/19) (Opposition filed 3/19/19)
Docket 151
- NONE LISTED -
Debtor(s):
Jann Kempton Represented By David R Chase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Application Of Attorney For Debtor For Allowance Of Fees And Expenses Following Dismissal Or Conversion Of Chapter 13 Case Subject To A Rights And Responsibilities Agreement (RARA)
(Motion filed 2/28/19)
(Set per Notice of Hearing filed 3/21/19)
[RE: RESNIK HAYES MORADI LLP - Attorneys For Debtor] [Fees: $7,790.00; Expenses: $0.00]
Docket 61
The Court will grant the application in part. The Court will allow fees of $7,790.00 but will limit applicant's recover from the bankruptcy estate to the lesser of (1)
$553.23 or (2) the amount of funds currently held by the chapter 13 trustee in this case.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Lovert B. Hogai 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 3/20/19)
(Set per Trustee's Comments on or Objection filed 3/26/19) (Notice of Hearing filed 3/26/19)
Docket 36
The Court will 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):
Magdalena Ku Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
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))
(Cont. from 1/24/18)
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):
Royce Napoli Represented By Noah K McCall
Trustee(s):
John P Pringle (TR) Represented By
9:00 AM
Lynda T Bui Rika Kido Brianna L Frazier
9:00 AM
Adv#: 6:19-01013 Pringle v. County of San Bernardino Child Support Services et
STATUS CONFERENCE re: Complaint by John P. Pringle, chapter 7 trustee vs. Defendants, County of San Bernardino Child Support Services, Jesus Adrian Martinez, Everardo Esquivel, Henry Amezcua, Verenice Amezcua, Jorge Alfredo Pedroza De Leon, Miriam Garcia Velasco, Maria Del Carmen Garcia Amezcua against John P. Pringle. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) ).
Docket 1
If the Court grants the trustee's motion for entry of default judgment, this status conference will be moot. If the Court denies said motion, it will continue this status conference to a date to be determined.
COURT TO PREPARE ORDER.
Debtor(s):
Enriquez Q Amezcua Pro Se
Defendant(s):
County of San Bernardino Child Pro Se
Jesus Adrian Martinez Pro Se
Everardo Esquivel Pro Se
Henry Amezcua Pro Se
Verenice Amezcua Pro Se
9:00 AM
Jorge Alfredo Pedroza De Leon Pro Se
Miriam Garcia Velasco Pro Se Maria Del Carmen Garcia Amezcua Pro Se
Plaintiff(s):
John P. Pringle Represented By
Michelle A Marchisotto
Trustee(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
9:00 AM
Adv#: 6:19-01013 Pringle v. Martinez et al
Hrg. on Plaintiff's Motion filed 3/4/19 for Default Judgment against defendants Jesus Adrian Martinez, Everardo Esquivel, Henry Amezcua aka Obed Amezcua and Verenice Amezcua, Jorge Alfredo Pedroza De Leon, individually and DBA JP Classic Stone and Miriam Garcia Velasco, and Maria Del Carmen Garcia Amezcua, in her capacity as trustee of The Amezcua Family Living Trust
Docket 37
The Court will grant the Chapter 7 Trustee's request for judicial notice. The Court will grant all the relief requested in the Motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Enriquez Q Amezcua Pro Se
Defendant(s):
Jesus Adrian Martinez Pro Se
Everardo Esquivel Pro Se
Henry Amezcua Pro Se
Verenice Amezcua Pro Se
Jorge Alfredo Pedroza De Leon Pro Se
Miriam Garcia Velasco Pro Se
9:00 AM
Maria Del Carmen Garcia Amezcua Pro Se
Plaintiff(s):
John P. Pringle Represented By
Michelle A Marchisotto
Trustee(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
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 3/7/19)
Docket 29
This matter comes before the Court on the motion for summary judgment (the "Motion") of defendants United States Department of Education ("DOE") and Educational Credit Management Corporation ("ECMC") (collectively, DOE and ECMC shall be referred to herein as "Defendants").
The key facts relating to the Motion are largely undisputed. Plaintiff-debtor Michelle Vargas ("Mrs. Vargas") filed a joint chapter 7 petition with her husband Carlitos Vargas ("Mr. Vargas") on August 14, 2017. Among the assets scheduled on the petition was a worker’s compensation claim in the amount of $100,000. This asset was claimed as entirely exempt property pursuant to California Code of Civil Procedure section 704.160. The section 341(a) meeting of creditors was held on September 18, 2017. On September 19, 2017, chapter 7 trustee Todd Frealy filed a report of no distribution effectively conceding that the worker’s compensation claim was fully exempt.
Mrs. Vargas filed a complaint commencing this adversary proceeding to discharge her student loan debt on November 20, 2017. Mrs. Vargas seeks to discharge student loans of $44,598.61 to DOE and $28,222.03 to ECMC. These debts were incurred
9:00 AM
beginning in approximately July 2006 with respect to education at Bryman College in connection with medical assistant certification, at Everest College (a successor to Bryman College) to obtain an associate degree in criminal justice (for the purpose of becoming a parole officer) and at Argosy University to obtain a bachelor’s degree in criminal justice. The education described above generally took place during the period 2006-2011.
Ultimately, the education Mrs. Vargas received proved to be of little remunerative benefit to her. She worked as a medical assistant after graduating from Bryman College, but earned only a minimum wage of $7.40 per hour. This led her to try her hand at education relating to criminal justice, but that too failed. Everest College withheld her degree because she had not paid off her student loans. Her attendance at Argosy University ended when she learned the school was unaccredited – a fact that fatally undermined her efforts to become a parole officer.
Mrs. Vargas is approximately 31 years old. She began working at the Amazon Fulfillment Center in San Bernardino on September 27, 2016. Her gross income in 2017 was $28,000. Her current salary remains in the range of approximately $28,000 per annum. She believes she has little hope for advancement at Amazon because of her lack of a bachelor’s degree. She has been on welfare, food stamps and WIC benefits for most of her life.
With the notable (and important) exceptions described below, Mrs. Vargas and her husband live a very frugal life. Mr. Vargas is disabled as a result of a work-related injury. (Specifically, he suffered four herniated discs in his spine that, along with associated complications, have made it impossible for him to continue work as a laborer). Mrs. Vargas’s very modest income supports Mr. Vargas and her two sons (ages approximately 5 and 11). This family of four lives with Mrs. Vargas’s sister and her sister’s three children in a two-bedroom mobile home in Highland, California – in other words, eight people are living in a two-bedroom mobile home. Mrs. Vargas has pawned her wedding ring, cross, laptop computer and camera for cash several times to pay for household expenses. She frequently skips meals to save money.
9:00 AM
The student loans here at issue went into repayment status on July 24, 2013. From August 2014 through January 2017 Mrs. Vargas requested and obtained multiple deferments and forbearances. Repayment status again commenced in early 2017. Defendants allege that Mrs. Vargas made no payments on her student loan owed to DOE and only nominal payments on the loan owed to ECMC. Mrs. Vargas does not deny that she made no payments to DOE. Regarding the ECMC loan, she contends she made an unspecified number of $5.00 per month payments and that she "also paid
$173.00 a month to Student Loan Corporation in 2013." In her declaration, these are described as "several payments."
On September 29, 2017 – about 46 days after the bankruptcy petition was filed, 10 days after the chapter 7 trustee’s report of distribution and about 52 days before the adversary proceeding was commenced – Mr. Vargas received $85,000 (after attorneys’ fees and costs) as the result of a settlement with respect to his worker’s compensation claim. Not one penny of this amount was paid to DOE or ECMC in respect of the student loans here at issue. Instead, Mr. and Mrs. Vargas spent the
$85,000 substantially as follows: (1) $50,000 on a brand new 2018 Dodge Durango;
$6,500.00 on breast enhancement surgery for Mrs. Vargas; (3) $2,200 on a car stereo for Mrs. Vargas’s step-father; (4) $862.00 on jewelry for Mrs. Vargas; (5)
$2,000 on a bankruptcy filing for Mrs. Vargas’s mother; (6) about $1,000 for an iPhone 8 Plus; (7) $437 for Disneyland tickets; (8) $358 for Universal Studios; (9)
$501.48 on John’s Incredible Pizza for a child’s pizza party; (10) $70 on Splash Kingdom; ( 11) $65 per month for a membership at Massage Envy; (12) $99 for a subscription to Amazon Prime; (13) $15 for a monthly Netflix subscription; (14)
$8.99 for a monthly Spotify subscription; (15) $35 per month for manicures and pedicures; and (16) an undisclosed amount for gifts and loans to family members.
Mrs. Vargas offers little defense for these extravagant expenditures. She contends that she and her husband bought the $50,000 brand new Dodge Durango because their three previous vehicles had been repossessed during the preceding three years because payments hadn’t been made on them and she "needed a safe and reliable vehicle that could accommodate her husband’s disability and her family’s needs." Opposition at
9:00 AM
page 18, lines 6-10. Regarding the breast augmentation, she contends she was told by her doctor "that she would need to have the [2011] implants replaced in seven to ten years." Opposition at page 18, lines 14-17.
Importantly, Mrs. Vargas’s Opposition to the Motion makes no argument that the postpetition expenditure of the $85,000 should be treated differently than if the expenditure had occurred prepetition. Although there perhaps is a question of whether good faith and the other two Brunner tests should be applied exclusively based upon the facts as they stood as of the petition date (as opposed to as of the date the adversary complaint was filed) and that postpetition transactions should be disregarded, the Court expressly declines to consider this argument (and deems it to have been waived) by reason of Mrs. Vargas’s failure to raise the argument in her Opposition.
In any event, the law is clear that a court can consider all evidence as of the trial date regarding the debtor’s circumstances in making an undue hardship determination.
This includes postpetition circumstances. Roundtree-Crawley v. Educ. Credit Mgmt. Corp. (In re Crawley), 460 B.R. 421, 434-435 (Bankr. E.D. Pa. 2011). See also Walker v. Sallie Mae Servicing Corp. (In re Walker), 427 B.R. 471, 483 (B.A.P. 8th Cir. 2010). This rule would apply with equal force to evidence available as of the hearing of a summary judgment motion.
Summary judgment is appropriate where there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Bankr. P. 7056. The Court cannot weigh the evidence and must instead examine the evidence in the light most favorable to the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986). The moving party has the burden of proof. Id.
Under the rule of the landmark cases of Brunner v. New York Higher Educ. Services Corp., 831 F.2d 395 (2d Cir. 1987) and United Student Aid Funds v. Pena (In re Pena), 155 F.3d 1108 (9th Cir. 1998), a debtor seeking to discharge student loans
9:00 AM
must prove undue hardship and, in so proving, must prove that (1) he or she cannot maintain a minimal standard of living for himself or herself and his or her dependents based upon current income, (2) additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period for the student loans, and (3) that he or she has made good faith efforts to repay the loans.
Because this test is in the conjunctive, not the disjunctive, a failure to prove any of three Brunner requirements conclusively demonstrates that an undue hardship is not present. Roth v. Educ. Credit Mgmt. Corp. (In re Roth), 490 B.R. 908, 916 (B.A.P. 9th Cir. 2013) ("Failure to prove any one precludes discharge").
For the purpose of analyzing the Motion, the Court will assume without deciding that Defendants have failed to make a sufficient showing that Mrs. Vargas cannot prove up the first two of the three Brunner requirements. Thus, the Court focuses exclusively on the third of the Brunner requirements, namely whether Mrs. Brunner has failed to make good faith efforts to repay the loans.
Ninth Circuit law is clear that good faith for this purpose is measured by a debtor’s efforts to obtain employment, maximize income and minimize expenses.
Additionally, courts may also consider a debtor’s efforts – or the lack thereof – to negotiate a repayment plan. Educ. Credit Mgmt. Corp. v, Mason (In re Mason), 464 F.3d 878, 884 (9th Cir. 2006); Roth v. Educ. Credit Mgmt. Corp. (In re Roth), supra, 490 B.R. at 917. Other important factors are whether the debtor has made any payments on the loan prior to filing for discharge and the timing of the debtor’s attempt to have the loan discharged. Roth v. Educ. Credit Mgmt. Corp. (In re Roth), supra, 490 B.R. at 917.
Good faith is a mixed issue of law and fact, and ordinarily is the type of issue that would be especially ill-suited for resolution on a summary judgment motion because the non-moving party is entitled to have the facts viewed in the manner most favorable to such party. When the facts are viewed through this special lens, the non- moving party generally would have shown enough good faith to withstand a motion for summary judgment.
9:00 AM
This case, however, would appear to be the rare exception because the facts here – even when viewed in the manner most favorable to Mrs. Vargas – are so egregious that the absence of good faith is manifest. Mrs. Vargas’s failure to minimize expenses following the receipt of the $85,000 looms so large in this case as to overshadow everything else that bears upon good faith. Mrs. Vargas and her husband received
$85,000 and did not devote even a single penny of this amount to the repayment of Mrs. Vargas’s student loans. Instead, the money was spent on a $50,000 brand new Dodge Durango and a variety of other items that, in view of the family’s very limited financial resources, must be viewed as lavish and extravagant in a relative sense: manicures, pedicures, jewelry, a car stereo, an iPhone, trips to Disneyland and Universal Studios, more than $500 on a child’s pizza party, etc. Viewing the evidence in the light most favorable to Mrs. Vargas, the Court accepts that the expenditure of
$6,500 for breast enhancement surgery was medically necessary and should not be considered to have been made in bad faith. But even with viewing the evidence in the manner most favorable to Mrs. Vargas, the same cannot be said for the expenditure of
$50,000 on a new Dodge Durango. It is no defense to say that the expenditure of
$50,000 on a brand new vehicle is justified because the three previous vehicles owned by the family were repossessed because of a failure to make car loan payments. Nor is it a defense to say that only a $50,000 new Dodge Durango could qualify as "a safe and reliable vehicle that could accommodate her husband’s disability and her family’s needs." Opposition at page 18, lines 9-10. Why not a low-mileage three- or four-year old Dodge Durango? Why not an expenditure of $30,000 for some other type of new vehicle meeting the Vargas’s needs with the other $20,000 being used to partially repay the student loans?
None of the parties has quantified the total amount paid by Mrs. Vargas on her student loans. Defendants characterize the amount of payments on the ECMC loan as "nominal" and assert that no payments of any kind were ever made on the DOE loan. Mrs. Vargas does not dispute that no payments were ever made on the DOE loan but asserts she made several payments of $173 to "Student Loan Corporation" and some payments of $5. Viewing the evidence in the manner most favorable to Mrs. Vargas, the Court determines solely for purposes of the Motion that she paid more than $500
9:00 AM
but less than $1,000 on over $70,000 of her student loans. The Court agrees with Defendants that these payments are nominal in amount and that they do no rescue Mrs. Vargas from the charge that she has not made a good faith effort to repay the loans, especially when the facts show she had access to over $75,000 in cash (i.e.,
$85,000 less the breast augmentation expenses) and did not use even one penny of that money to pay down any of the student loans. The Court concludes that Mrs. Vargas did not minimize her expenses as required by the good faith efforts test but instead significantly and unwarrantedly increased them at the expense of Defendants.
The Court also takes into account the timing of the filing of the bankruptcy petition. The petition was filed about 200 days after the loans again went into repayment status. This is close enough in time to be relevant, and the issue cuts against Mrs. Vargas.
The Court concludes that Mrs. Vargas failed to meet the good faith efforts test as a matter of law based upon the expenditure of all or substantially all the $85,000 settlement payment without using any of these funds to repay student loans and based upon the timing of the filing of the bankruptcy petition.
The Court finds it unnecessary to consider the effect of Mrs. Vargas’s disinclination to enter into a contingent payment program.
The Motion is granted. Summary judgment shall be entered in favor of defendants, with the Court determining that the student loans at issue are excepted from discharge and remain fully enforceable.
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 Represented By Scott A Schiff
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 2/21/19)
(Tele. appr. George Blackmar, rep-. creditor, Vail Ranch Plaza)
Docket 0
The Court will inquire into (1) compliance with U.S. Trustee guidelines and requirements, (2) the status of the anticipated motion to approve the settlement with Vail Ranch Plaza L.P. and to dismiss the case.
Next status conference: June 20, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Littlefield Physical Therapy, Inc. Represented By
Evan L Smith
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 3/14/19)
(Tele. appr. Rafi Khatchadourian, rep. creditor, Wells Fargo Bank)
Docket 1
The Court will inquire into (1) the Debtor's compliance with U.S. Trustee guidelines and requirements and (2) Mr. Lane Bogard's role in these cases, and (3) whether RFS Sports complied with the Court's order that it come into compliance with U.S. Trustee guidelines and requirements by March 28, 2019.
Next status conference: to be determined. COURT TO PREPARE ORDER.
Debtor(s):
RFS Sports, Inc. Represented By Javier H Castillo
9:00 AM
Hrg. on Application filed 1/29/19 to Employ Javier H. Castillo as General Bankruptcy Counsel
(Cont. from 3/26/19)
(Tele. appr. Rafi Khatchadourian, rep. creditor, Wells Fargo Bank)
Docket 23
The Court will continue this hearing to May 21, 2019 at 2:00 p.m. for additional brefing on the following matters:
The Court previously indicate that it will not permit Mr. Castillo to represent both the corporations and their principal (Steven Sui). The U.S. Trustee makes the further argument that Mr. Castillo should not be permitted to represent both RFS Sports, Inc. the Field Sport, Inc. because they are jointly and severally liableon debt and that each entity has an interest in making the other entity pay as much as possible.
Mr. Castillo shall respond to these concerns by specifically identifying which person or entity he will be representing and which person or entity will obtain separate counsel. If Mr. Castillo believes the U.S. Trustee's argument is not well founded, he shall respond to that argument as well.
Mr. Castillo's brief is due on or before April 25, 2019. Any reply to Mr. Castillo's brief is due on or before May 9, 2019.
COURT TO PREPARE ORDER.
9:00 AM
Debtor(s):
RFS Sports, Inc. Represented By Javier H Castillo
2:00 PM
Adv#: 6:18-01236 Fleming, Sr v. Havasu Lakeshore Investments
Hrg of Judgment Lien Creditor, Havasu Lakeshore Investments Inc Motion to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6)
(Cont. from 3/7/19)
(Tele. appr. Martin Eliopulos, rep. Havasu)
Docket 4
The Court will deny the motion to dismiss for the reasons stated by Mr. Fleming Sr. in his opposition.
TERRY FLEMING SR. TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
Gregory M. Garrison
Movant(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
Gregory M. Garrison
2:00 PM
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
Adv#: 6:17-01273 Havasu Lakeshore Investments v. Fleming, Jr et al
PRE-TRIAL 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 3/7/19)
(Tele. appr. Martin Eliopulos, rep. Havasu)
Docket 0
Before the Court can proceed to a pretrial conference, it will be necessary to determine issues regarding jury trial, a motion to withdraw the reference and consent vs. non-consent to this Court's final determination of the adversary proceeding.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Terry Lee Fleming Jr Represented By Michael B Reynolds James E Till
Patricia Wilson-Fleming Represented By Randall S Waier
2:00 PM
Havasu Landing LLC Represented By Michael B Reynolds James E Till
Terry Lee Fleming Sr Represented By James E Till
Michael B Reynolds
Plaintiff(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
2:00 PM
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 3/7/19)
(Tele. appr. Martin Eliopulos, rep. Havasu)
Docket 0
The Court will issue a scheduling order:
All discovery shall close on October 31, 2019.
All discovery motions shall be heard before November 30, 2019.
All pretrial motions shall be heard before December 31, 2019.
Pretrial conference is set for January 15, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By
2:00 PM
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 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
2:00 PM
Hrg. on Chapter 11 Status Conference (cont. from 3/7/19)
(Tele. appr. Martin Eliopulos, rep. Havasu)
Docket 0
The Court will inquire into the Debtor's compliane with U.S. Trustee guidelines and requirements.
The plan confirmation hearing will go forward on April 25, 2019 at 9:00 a.m.
Status conference is continued to April 25, 2019 at 9:00 a.m. No updated status report is required.
COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
Hrg. on creditor Havasu Lakehore Investments, LLC Motion filed 1/10/19 to Strike Supplemental Declarations of Terry L. Fleming, Jr. and Michael J.
Vanderley
(Cont. from 3/21/19)
(Tele. appr. Martin Eliopulos, rep. Havasu)
Docket 272
The Court agrees with the Debtor that the alue of the lots is not a new issue; it has been an issue in this case for quite a long time.
Accordingly, the Court denies the motion to strike.
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 Motion for relief from stay [Real Property]
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, Not Individually But As Trustee For Hilldale Trust vs. DEBTOR
(Motion filed 1/28/19)
[RE: 835 Amigos Way, No. 15, Newport Beach, CA 92660-4563]
FR: 2-25-19
Docket 98
- NONE LISTED -
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 [Personal Property]
BMW Bank Of North America vs. DEBTOR (Motion filed 3/14/19)
[RE: 2011 BMW 1 Series Convertible 2D 128i] [VIN No: WBAUL7C5XBVM80835]
Docket 56
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Peter M Shotts Represented By Mark D Klein
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from [Real Property]
U.S. Bank Trust, N.A., As Trustee For LSF9 Master Participation Trust By Caliber Home Loans, Inc., As Its Attorney In Fact vs. DEBTOR
(Motion filed 3/19/19)
[RE: 426 Camino Flora Vista, San Clemente, CA 92673]
Docket 32
The Court will grant the motion under § 362(d)(1) and terminate the co-debtor stay.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Stephen Lawrie Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Ford Motor Credit Company, LLC vs. DEBTORS (Motion filed 3/15/19)
[RE: 2016 Ford C-Max - VIN No.: 1FADP5CU3GL116736]
Docket 12
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Myra Orozco Represented By
Amanda G Billyard
Joint Debtor(s):
Kenneth Orozco Represented By Amanda G Billyard
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
American Honda Finance Corporation vs. DEBTOR; And Jeffrey I. Golden,
Chapter 7 Trustee (Motion filed 3/20/19)
[RE: 2016 Honda Accord - VIN No.: 1HGC R3F8 3GA0 19147]
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):
Glenn Nunez Patricio Represented By Jeffrey D Larkin
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 3/25/19)
[RE: 16 Blanco, Foothill Ranch, CA 92610]
Docket 10
The Court will grant the motion and continue the automatic stay as to the secured creditor / lessor.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Elizabeth Martin Represented By Amanda G Billyard
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 filed 3/7/19)
[RE: THOMAS H. CASEY, Chapter 7 Trustee] [Fees: $4,424.16; Expenses: 0:00]
[RE: THOMAS H. CASEY, ESQ. - Attorney For Chapter 7 Trustee] [Fees: $9,487.50; Expenses: $168.95]
[RE: HAHN FIFE & COMPANY - Accountant For Trustee] [Fees: $1,806.00; Expenses: $250.10]
Docket 55
The Court will grant the application and allow:
Trustee's fees: $4,424.16 Trustee's expenses: $0
Attorney's fees: $9,487.50 Attorney's expenses: $168.95
Hahn Fife fees: $1,806.00 Hahn Fife expenses: $250.10
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Christopher Stephen Caniglia Represented By
2:00 PM
Trustee(s):
Julie J Villalobos
Thomas H Casey (TR) Represented By Kathleen J McCarthy Thomas H Casey
2:00 PM
STATUS CONFERENCE Hearing RE: Whether An Order For Relief Should Be Entered
(Involuntary Summons Issued 4/1/19)
Docket 1
The Court will inquire whether (1) any party in interest (including but not limited to the debtor corporation) opposes the entry of an order for relief and (2) whether petitioner Roan (or Future Logistics, Inc.) satisfies the requirements under 11 U.S.C. § 303(b) for filing an involuntary petition.
The date of the next status conference or other hearing is to be determined. COURT TO PREPARE ORDER.
Debtor(s):
US Direct LLC Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
ACAR Leasing LTD vs. DEBTORS, Lynda T. Bui, trustee (Motion filed 3/20/19)
Re: 2016 Chevrolet Malibu, VIN: 1G1ZE5ST0GF186829
Docket 24
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Steven Lynn Mason Represented By
M. Wayne Tucker
Joint Debtor(s):
Darnelle Cheri Mason Represented By
M. Wayne Tucker
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
Bank of America, N.A. vs. Debtors (Motion filed 2/28/19)
Re: U 2013 MERCEDES-B S CLASS; VIN NO. WDDNG7DBXDA496498
(Cont. from 3/26/19)
Docket 14
- NONE LISTED -
Debtor(s):
Stephen Todd Stires Represented By Patricia M Ashcraft
Movant(s):
Bank of America, N.A. Represented By Megan E Lees
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
Bank of New York Mellon Trust Company vs. DEBTOR (Motion filed 3/21/19)
Re: 5945 Cahuilla Avenue, Twentynine Palms, California 92277
Docket 11
The Court will deny the motion without prejudice. Movant appears to be adequately protected by a 13% equity cushion.
COURT TO PREPARE ORDER.
Debtor(s):
Cynthia Lucille Hart-Torrellas Represented By
M. Wayne Tucker
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Scheer Law Group, LLP - movant attorney Motion for Relief from Stay
Logix Federal Credit Union vs. DEBTOR (Motion filed 3/20/19)
Re: 2010 Honda Element
Docket 10
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Richard Sawaya Represented By Christopher Hewitt
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Adv#: 8:16-01261 Farmers & Merchants Bank Of Long Beach v. Newman et al
CONT'D STATUS 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) (S/C set at PTC held 1/23/19)
FR: 2-8-17; 10-18-17; 2-28-18; 12-12-18; 1-23-19
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; 1-28-19
Docket 282
The Court will continue the status conference to July 17, 2019 at 9:00 a.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 STATUS CONFERENCE Hearing RE: Complaint (Fraudulent Transfer; Constructive/Resulting Trust)
(Notice of Removal filed 10/14/15)
(S/C set per Order Setting S/C Entered 2/1/19)
[RE: Civil Action: Richard Baek, et.al. vs. John O. Halverson, et al.] [Civil Case Number: 2:15-CV-15-CV-01425-WBS-DAD]
[Pending In: United States District Court, Eastern District of California]
FR: 1-28-19
Docket 1
- NONE LISTED -
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
John O. Halvorson Pro Se
Dan L. Halvorson Pro Se
Jerry Ann Randall Pro Se
PCC Fund I, LLC Pro Se
Granite Bay Partners II, LLC Pro Se
9:00 AM
JH RE Holdings, LLC Pro Se Commercial Income Advisors, Inc. Pro Se
Plaintiff(s):
Richard Baek Represented By Reem J Bello
Pacific Commercial Group, LLC Represented By
Reem J Bello
Baek 153, LLP Represented By Reem J Bello
Trustee(s):
Weneta M Kosmala (TR) Pro Se
Weneta M Kosmala (TR) Represented By Reem J Bello
U.S. Trustee(s):
United States Trustee (SA) Pro Se
9:00 AM
Adv#: 8:15-01454 Baek v. Halvorson et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Declaratory Judgment, Nondischargeability Of Debt
(Complaint filed 11/25/15)
(S/C set per Order Entered 2-1-19)
FR: 3-2-16; 6-22-16; 9-28-16; 10-19-16; 11-16-16; 1-28-19
Docket 1
The Court will continue the status conference to July 17, 2019 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
Christopher N Coyle
9:00 AM
Trustee(s):
Misty A Perry Isaacson Corey B Tolliver
Ali Matin
Steven J. Katzman Kyle Kveton
Weneta M Kosmala (TR) Represented By Reem J Bello
9:00 AM
Adv#: 8:17-01119 Kosmala v. Pacific Commercial Group, LLC et al
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)
(PTC set at S/C held 3-7-18)
(S/C set per Order Entered 1-11-19) (S/C reset per Order Entered 2-1-19)
FR: 10-4-17; 11-8-17; 1-17-18; 3-7-18; 11-28-18; 1-28-19
9:00 AM
Docket 1
The Court will continue the status conference to July 17, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
Grace Baek Pro Se
Richard Baek Pro Se
RGJ Baek, LLC Pro Se
Baek 153, LLC Pro Se
Baek Holdings, LLC Pro Se
Baek 124, LLC Pro Se
Baek Family Partnership, LLC Pro Se
Pacific Commercial Group, LLC Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Reem J Bello
Trustee(s):
Weneta M Kosmala (TR) Represented By
9:00 AM
Reem J Bello Faye C Rasch
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; 12-12-18
Docket 1
The Court will continue the status conference to July 17, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By
9:00 AM
Marc C Forsythe Charity J Miller
Defendant(s):
Rod Van Zandt Pro Se
PCC Fund 1, LLC Pro Se
David Hoosten 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 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; 11-14-18
Docket 1
The Court will continue the status conference to June 19, 2019 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
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 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;
1-31-19; 3-21-19; 3-27-19
Docket 1
- NONE LISTED -
Debtor(s):
Mohdsameer Aljanedi Dental Represented By Andy C Warshaw
Richard L. Sturdevant
9:00 AM
Adv#: 8:18-01035 Federal Trade Commission v. Lake
CONT'D STATUS CONFERENCE Hearing RE: Amended Complaint For Nondischargeability Of Debt
(Complaint filed 2/9/18) (Amended Complaint filed 3/30/18) (Another Summons issued 3/30/18)
FR: 5-23-18; 6-27-18
Docket 9
- 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
Adv#: 8:18-01078 Heritage Law LLP v. Isaly
CONT'D Hearing RE: Motion To Dismiss Adversary Proceeding For Determination Of Dischargeability And Objecting To Debtor's Discharge Pursuant To 11 U.S.C. Section 523 And 11 U.S.C. Section 727
(Motion filed 2/20/19) FR: 3-13-19
Docket 12
The Court will grant the motion and dismiss the action. PLAINTIFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Alexander Mark Christian Isaly Represented By Anthony B Vigil Jeffrey G Jacobs
Defendant(s):
Alexander Mark Christian Isaly Represented By Jeffrey G Jacobs
Joint Debtor(s):
Michele Leann Isaly Represented By Anthony B Vigil
Plaintiff(s):
Heritage Law LLP Represented By
9:00 AM
Trustee(s):
Erik E Woodbury
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:18-01078 Heritage Law LLP v. Isaly
CONT'D PRE-TRIAL 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) (PTC set at S/C held 7/25/18)
FR: 2-27-19; 3-13-19
Docket 1
The Court will vacate this conference as moot in view of the dismissal of the adversary proceeding.
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 Anthony B Vigil
Plaintiff(s):
Heritage Law LLP Represented By
9:00 AM
Trustee(s):
Erik E Woodbury
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; 10-17-18; 2-27-19
Docket 33
This matter will go forward as a status conference only.
The Court will inquire again as to the status of Debtor's motion for order clarifying scope of the automatic stay in the Point.360 case pending before Judge Julia Brand.
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
9:00 AM
Sidan Engineering, L.P. Represented By 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#: 8:19-01012 E.D.C. Technologies, Inc. v. Seidel, Jr. et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability OF Debt
(Complaint filed 1/14/19)
(Adversary reassigned from Judge Clarkson) FR: 4-3-19
Docket 1
The Court will issue a scheduling order:
All discovery shall close December 31, 2019.
All discovery motions shall be heard before January 31, 2019.
All pretrial motions shall be heard before March 31, 2019.
Pretrial conference is set for April 8, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
James Walter Seidel Jr. Represented By Andrew S Bisom
Defendant(s):
James Walter Seidel Jr. Represented By
9:00 AM
Andrew S Bisom
Andrew S Bisom Pro Se
Molly Marie Seidel Pro Se
Joint Debtor(s):
Molly Marie Seidel Represented By Andrew S Bisom
Plaintiff(s):
E.D.C. Technologies, Inc. Represented By Kathryn E Barrett
Trustee(s):
Weneta M Kosmala (TR) Pro Se
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))
(Cont. from 11/15/18)
Docket 1
- NONE LISTED -
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
Joint Debtor(s):
Christine Diane Fee Represented By Suzette Douglas
9:00 AM
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#: 6:18-01046 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 11/29/18)
Docket 1
The Court will continue this matter to April 25, 2019 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
Plaintiff(s):
Havasu Lakeshore Investments Represented By Frederick M. Reich Martin A Eliopulos Grant G. Teeple
9:00 AM
Adv#: 6:18-01218 Wells Fargo Bank, N.A. v. Murphy et al
Hrg. on Plaintiff's Motion filed 3/26/19 to Deposit Funds into Court Registry and for Discharge
(Tele. appr. Lynda Bui, rep. Trustee)
(Tele. appr. Donald H. Cram, rep. Wells Fargo)
Docket 17
The Cour grants Wells Fargo Bank, N.A.'s request for judicial notice. The motion is granted.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Timothy David Murphy Represented By Timothy D Murphy Patricia A Mireles
Defendant(s):
Timothy David Murphy Represented By Timothy D Murphy
Lynda T. Bui Represented By
Michelle A Marchisotto
Patrick Keith Lafferty Represented By Timothy D Murphy
Mary Jane Lafferty Represented By
9:00 AM
Timothy D Murphy
Plaintiff(s):
Wells Fargo Bank, N.A. Represented By Bernard J Kornberg Donald H Cram III Jan T. Chilton
Trustee(s):
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
9:00 AM
Adv#: 6:18-01081 Escontrias v. Hageman et al
PRE-TRIAL 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
- NONE LISTED -
Debtor(s):
Christopher Allen Hageman Represented By Roland D Tweed
Defendant(s):
Kai Hargis Pro Se
Crystal Dee Hageman Pro Se
Christopher Allen Hageman Pro Se
Joint Debtor(s):
Crystal Dee Hageman Represented By Roland D Tweed
Plaintiff(s):
Pilar Escontrias Represented By
Ada R Cordero-Sack
9:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
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))
(Cont. from 11/15/18)
(Tele. appr. R. Gibson Pagter, rep. creditor Von Dehn)
Docket 1
The Court will inquire whether the parties would like additional time to attempt to settle this dispute outside of mediation.
The date of the next status conference is to be determined.
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.
9:00 AM
Adv#: 6:18-01221 Hardt, Jr v. Hamzey, Jr. et al
STATUS CONFERENCE re complaint for recovery of money/property pursuant to 11 U.S.C. Section 548 and Nondischargeability of debt 1 U.S.C. Section 523(A)(4)
(Cont. from 3/21/19)
Docket 1
The Court will continue the status conference to June 20, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Defendant(s):
Robert Mansour Hamzey Jr. Pro Se
Marie Ann Hamzey Pro Se
Joint Debtor(s):
Marie Ann Hamzey Represented By Daniel C Sever
9:00 AM
Plaintiff(s):
William Joseph Hardt Jr Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Adv#: 6:18-01221 Hardt, Jr v. Hamzey, Jr. et al
Hrg. on Defendant's Motion to Dismiss
Docket 27
The Court will grant the motion without leave to amend as to the § 548 cause of action. Plaintiff does not have standing to bring that claim; it belongs solely to the bankruptcy trustee.
The Court will grant the motion with leave to amend as to the § 523(a)(2)(A) claim. Plaintiff has 30 days to file a First Amended Complaint.
DEBTOR-DEFENDANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Defendant(s):
Marie Ann Hamzey Represented By Daniel C Sever
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Joint Debtor(s):
Marie Ann Hamzey Represented By Daniel C Sever
9:00 AM
Plaintiff(s):
William Joseph Hardt Jr Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Adv#: 6:19-01022 Kendrick-Patterson v. Kendrick
STATUS CONFERENCE re: Complaint by Regena M Kendrick-Patterson against Alfred Jake Kendrick . (d),(e))) ,(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 issue a scheduling order:
All discovery closes July 31, 2019.
All discovery motions shall be heard before August 31, 2019.
All pretrial motions shall be heard before Spetember 30, 2019.
Pretrial conference is set for October 17, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Alfred Jake Kendrick Represented By
Rabin J Pournazarian
Defendant(s):
Alfred Jake Kendrick Pro Se
Plaintiff(s):
Regena M Kendrick-Patterson Pro Se
9:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 3/21/19)
(Tele. appr. Raffi Khatchadourian, rep. creditor Wells Fargo Bank)
Docket 1
The Court will inquire whether Debtor has complied with all U.S. Trustee guidelines and requirements as of March 31, 2019 in accordance with this Court's order reulting from the March 21, 2019 status conference.
The date of the next status conference is to be determined. COURT TO PREPARE ORDER.
Debtor(s):
Yongming Sui Represented By Javier H Castillo
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 3/7/19 Between Debtors and VW Credit, Inc., in the amount of $ 22,462.40.
re: 2016 Volkswagon Passat
Docket 10
The Court will disapprove the agreement as not in Debtors' best interest. COURT TO PREPARE ORDER.
Debtor(s):
Ramon Jose Crespo Represented By Seema N Sood
Joint Debtor(s):
Rosa Crespo Represented By
Seema N Sood
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 3/25/19 Between Debtor and SchoolsFirst Federal Credit Union, in the amount of $17,836.76
Re: 2016 Honda Civic Sedan
Docket 9
The Court will disapprove the agreement as not in Debtor's best interest. COURT TO PREPARE ORDER.
Debtor(s):
Florence Evie Edwards Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 3/7/19 Between Debtors and JPMorgan Chase Bank, NA., in the amount of $ 10428.16
re: 2015 Honda - Accord
Docket 16
The Court will disapprove the agreement as not in Debtors' best interest. COURT TO PREPARE ORDER.
Debtor(s):
Marcus G Aguayo Pro Se
Joint Debtor(s):
Araceli N Aguayo Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed on 3/12/19 Between Debtor and Alaska USA Federal Credit Union, in the amount of 14,144.85.
Re: 2013 Mercedes Benz C Class
Docket 12
The Court will inquire whether the car is damaged or otherwise in bad shape.
Debtor(s):
Asem Tanomand Represented By Kevin Tang
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 3/4/19 Between Debtor and TD Auto Finance LLC, in the amount of $11,747.90
Re: 2014 Scion FR-S
Docket 10
The Court will disapprove the agreement as not in Debtor's best interest. COURT TO PREPARE ORDER.
Debtor(s):
Francisco Javier Reyes Pedroza Represented By Marlin Branstetter
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 3/7/19 Between Debtors and Toyota Motor Credit Corp., in the amount of $ 18,358.05
Re: 2015 Toyota Camry
Docket 8
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Mariah D Phelps Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 3/12/19 Between Debtor and Alaska USA Fedeal Credit Union, in the amount of $ 24,000.17.
Re: 2016 Chevrolet Colorado
Docket 11
The Court will disapprove the agreement as not in Debtor's best interest. COURT TO PREPARE ORDER.
Debtor(s):
Cruz Maria Rivera Represented By Marlin Branstetter
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 3/19/19 Between Debtor and Hyundai Motor Finance, in the amount of $19,557.60
Re: 2016 Hyundai Veloster
Docket 9
The Court will disapprove the agreement as not in Debtor's best interest. COURT TO PREPARE ORDER.
Debtor(s):
Glenda Lynn Adams Represented By Daniel King
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Adv#: 8:16-01123 Naylor v. Farrell
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For (1) 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) (PTC set at S/C held 11/14/18)
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; 11-14-18
Docket 19
The Court may post a tentative ruling after reviewing the parties' Joint Pretrial Stipulation. Although the extended deadline for its submission was April 18, 2019, the Court notes that the parties have again stipulated to an extension, this time to April 18, 2019.
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
9:00 AM
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
Motion for relief from stay [Personal Property]
Wells Fargo Bank, N.A., d/b/a Wells Fargo Auto vs. DEBTORS; And Jeffrey I.
Golden, Trustee (Motion filed 3/26/19)
[RE: 2015 Honda CR-V - VIN No.: 5J6RM4H58FL122464]
[Tele. appr., Sheryl K. Ith, repr., Wells Fargo Bank]
Docket 13
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Christopher H. Boberg Represented By Joseph M Tosti
Joint Debtor(s):
Amanda S. Boberg Represented By Joseph M Tosti
Trustee(s):
Jeffrey I Golden (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) (Motion filed 3/22/19)
[RE: 2009 BMW 5 Series 550i Sedan 4D - VIN No.: WBANW53589CT55791]
Docket 12
- NONE LISTED -
Debtor(s):
James Landon Buckle Represented By John Fitzgerald
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
1st United Services Credit Union, Its Successors And/Or Assignees vs. DEBTORS
[RE: 2013 Ford Fusion - 3FA6P0G77DR108815]
Docket 28
- NONE LISTED -
Debtor(s):
Shahyar Zahedi Represented By Anerio V Altman
Joint Debtor(s):
Shannon Denise Zahedi Represented By Anerio V Altman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
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 3/20/19)
Docket 38
The Court will grant the motion and order (1) disgorgement of $565.00 and (2) voiding of agreement to pay any additional fees and costs.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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: Motion To Vacate Order On Motion In Individual Case To Confirm Termination Of Stay Or That No Stay Is In Effect
(Motion filed 3/27/19)
[Tele. appr., Wendy Locke, repr., Wells Fargo Bank, N.A.]
Docket 30
The Court will grant the motion. The Court amends its prior order denying the motion with prejudice to denying it without prejudice. The motion to confirm may now be re- filed.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Heriberto Marin Represented By Frank P Peterson
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
Hearing RE: Motion For Order Approving Settlement By And Between The Committee, The Debtors, Central National Gottesman Inc. And WestRock SPFT, LLC f/k/a SP Fiber Technologies
(Motion filed 3/28/19)
Docket 1539
The Court will grant the motion.
DEBTOR 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
9:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
Bank of America vs. DEBTOR (Motion filed 3/28/19)
Re: 2012 TOYOTA COROLLA
Docket 10
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Roberto C Rivera Hernandez Represented By Paul Y Lee
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg. on Order to Show Cause Re: Contempt
Docket 0
Upon the filing of a chapter 7 petition, a bankruptcy estate is created. The bankruptcy estate generally is comprised of all legal or equitable interests of the debtor in property as of the commencement of the estate. 11 U.S.C. § 541(a)(1). It is black-letter bankruptcy law that the bankruptcy trustee steps into the shoes of the debtor for purposes of asserting or maintaining the debtor’s causes of action. Hill v. Opus Corp., 464 B.R. 361 (C.D. Cal. 2011).
Accordingly, bankruptcy trustee Lynda T. Bui has succeeded to the rights (if any) of debtor Timothy D. Murphy ("T.D. Murphy") in any trust, including any right to seek an accounting from any trust. This includes the Shirley S. Murphy Trust, with respect to which movants Mark M. Murphy and Claudia Semplenski ("Movants") are alleged to be trustees.
Mr. Murphy listed two Florida trust litigation cases in his Statement of Financial Affairs: In re Robert H. Murphy Trust, Case No. 502013CP001575xxxxNB and In re Shirley S. Murphy Trust, Case No. 502013CP005920xxxxNB (the "Florida Litigation"). Movants allege that Mr. Murphy has continued to litigate the Florida Litigation after the filing of his bankruptcy petition on December 21, 2017. In his Opposition to Movant’s Motion for Order to Show Cause (the "Motion"), Mr. Murphy states that because trustee Bui showed no interest in obtaining a legally-mandated accounting from the Shirley S. Murphy Trust, he filed an action in Florida on March 25, 2018 to obtain an accounting and to remove Movants as trustees. This action, entitled Murphy v. Murphy, appears to bear Case No. 502018CP001557xxxxMB (the
2:00 PM
"Additional Florida Litigation").
Only trustee Bui has the authority to bring such an action. In bringing the Additional Florida Litigation, Mr. Murphy has exercised control over property of the bankruptcy estate in violation of 11 U.S.C. § 362(a)(3).
The Court will not impose sanctions against Mr. Murphy and will not issue an order to show cause, but instead confirms trustee Bui’s plenary power and control over the Florida Litigation and the Additional Florida Litigation. Trustee Bui may seek dismissal of the Additional Florida Litigation if she so chooses (or may elect to pursue the action). Pursuant to 11 U.S.C. § 362(a), the Court orders Mr. Murphy not to take any further action with respect to the Florida Litigation or the Additional Florida Litigation (this expressly includes but is not limited to appearing in such litigation and filing pleadings of any kind) and not to interfere or meddle in any manner or fashion with the Florida Litigation or the Additional Florida Litigation.
The Court grants Movants request for judicial notice.
Debtor(s):
Timothy David Murphy Represented By Timothy D Murphy Patricia A Mireles
Trustee(s):
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
9:00 AM
Adv#: 8:18-01193 Basho Technologies Holdco C, LLC et al v. Chester
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Section 523(a)(4) And Objection To Discharge Under 11 U.S.C. Sections 727(a)(2) And (a)(3)
(Complaint filed 10/26/18)
FR: 1-16-19; 1-23-19; 3-27-19
Docket 1
The Court will issue a scheduling order:
All discovery shall close on September 30, 2019.
All discovery motions shall be heard before October 31, 2019.
All pretrial motions shall be heard before November 30, 2019.
Pretrial conference is set for December 11, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Davenport C. Chester Pro Se
9:00 AM
Plaintiff(s):
Basho Technologies Holdco C, LLC Represented By
Bradley Gardner Randye B Soref
Basho Technologies Holdco E, LLC Represented By
Bradley Gardner Randye B Soref
Hunoby Enterprises, LLC Represented By Bradley Gardner Randye B Soref
Earl P. Galleher III Represented By Bradley Gardner Randye B Soref
Basho Technologies Holdco B, LLC Represented By
Randye B Soref Bradley Gardner
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
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 2/19/19)
Docket 1
- NONE LISTED -
Debtor(s):
Mohammad Ali Kharazmi Represented By Leonard Pena
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 3/7/19)
Docket 1
This conference is moot in light of the Court's April 11, 2019 ruling granting Defendant's motion for summary judgment.
Debtor(s):
Carlitos Vargas Represented By Todd L Turoci
Defendant(s):
United States Department Of Represented By Elan S Levey
9:00 AM
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
Hrg. on Confirmation of Second Amended chapter 11 plan
(To be held in Courtroom 6C, 411 West Fourth Street, Santa Ana, CA 92701)
(Cont. from 3/21/19)
Docket 0
No tentative ruling on the plan confirmation motion at this time.
***
In evaluating a motion to strike an unauthorized pleading, the Court focuses on the elements of surprise and time to respond. The Court also considers whether the unauthorized pleading is useful to the Court in terms of deciding the matter to which the unauthorized pleading is addressed. For example, an unauthorized pleading filed with respect to a motion for relief from the automatic stay that is filed one or two days before the hearing often will be stricken by this Court.
Here, surprise and time to respond are not implicated. The Reply was filed on January 7, 2019. Given that the plan confirmation hearing will take place more than three months after the Reply was filed, it’s obvious that surprise is completely absent at this point and also that Mr. Fleming will have the time and opportunity to respond to the
9:00 AM
Reply at the confirmation hearing.
The Reply is useful and helpful to the Court because it articulates at least some of the reasons why HLI believes the Second Amended Plan cannot be confirmed by this Court.
For these reasons, the motion to strike is denied.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Hrg. on Chapter 11 Status Conference (cont. from 4/11/19)
Docket 0
The Court will continue the status conference to August 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
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 4/18/19)
Docket 1
The Court will continue the status conference to August 21, 2019 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
Plaintiff(s):
Havasu Lakeshore Investments Represented By Frederick M. Reich Martin A Eliopulos Grant G. Teeple
9:00 AM
Adv#: 6:18-01071 Murphy v. Murphy et al
PRE-TRIAL CONFERENCE re: Complaint to deny discharge under 11 U.S.C. Section 727(a)(4)(A)
(Cont. from 3/14/19)
Docket 31
The Court will continue the pretrial conference to June 27, 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
Trustee(s):
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
9:00 AM
Adv#: 6:18-01081 Escontrias v. Hageman et al
Hrg. on Plaintiff's Motion filed 2/28/19 For Summary Judgment
Docket 63
The parents of plaintiff herein Pilar Escontrias ("Plaintiff") subleased a warehouse owned and managed by the Koll Company ("Koll") and used it to store a large amount of household possessions after apparently losing their residence to foreclosure in or around 2008. Plaintiff has alleged that at least some of this stored property (and perhaps all of it) was owned by Plaintiff.
Plaintiff alleges in numbered paragraph 16 of the complaint that "[t]he storage went through eviction in summer 2009 and the Koll Company, acting through their employee [Crystal Hageman, defendant-debtor herein], allegedly disposed of the personal items by donating them to charity." The complaint further alleges in numbered paragraph 17 that "the items were not donated, rather, [Crystal Hageman] had kept them."
These fact are at least somewhat corroborated by a judgment on a jury verdict entered in Riverside Superior Court in case number RIC 10024955 on March 7, 2013. In the underlying case, Plaintiff’s parents, Luis and Margarita Escontrias, had sued the Koll Company for converting personal property stored by them with the Koll Company.
The jury found by special verdict that the Koll Company had not intentionally and substantially interfered with the property of Luis and Margarita Escontrias and, indeed, had never entered into a written or oral contract with them. Zero damages were awarded to Luis and Margarita Escontrias.
Although the Court has refused to permit defendants Christopher Hageman, Crystal
9:00 AM
Hageman and Kai Hargis (their son) (collectively, "Defendants") from withdrawing certain admissions deemed to have been made by them, such admissions are not nearly as damaging as the parties apparently believe them to be. In the admissions, Defendants have admitted to have known that the subject property "belonged" to Plaintiff. "Belonged" is in the past tense. All the admission means is that Defendants knew that at sometime in the past, Plaintiff owned the subject property. The admission says nothing about the chain of title and therefore fails to refute or eliminate the possibility that title passed to the KoII Company (or some other party) after "the storage went through eviction in summer 2009" – as alleged in numbered paragraph 16 of Plaintiff’s complaint. Nor do the admissions or any other evidence of Plaintiff in this Motion for Summary Judgment (the "Motion") eliminate the possibility that the Koll Company (or such other party) transferred the subject personal property to defendant Crystal Hageman at some point during or after the summer of 2009 and that the sales of such property on the internet were not perfectly proper. Although the admissions establish that Crystal Hageman "cannot produce any evidence corroborating [her] ownership of the items [she] listed for sale on the internet," this is not especially damaging because it is not her burden to prove that she owned the property – it is Plaintiff’s burden to prove Plaintiff owned them immediately prior to sale. Nor has Plaintiff eliminated the possibility that title to the subject property passed first to a charity and then from the charity back to Defendants.
For these reasons, the Court determines that genuine issues of material fact exist that preclude the entry of summary judgment in Plaintiff’s favor. The Motion is denied with prejudice.
DEFENDANTS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Christopher Allen Hageman Represented By Roland D Tweed
Defendant(s):
Christopher Allen Hageman Represented By
9:00 AM
Thomas H Brehme
Crystal Dee Hageman Represented By Thomas H Brehme
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
Adv#: 6:18-01081 Escontrias v. Hageman et al
Hrg. on Defendants' Motion filed 3/28/19 for Judgment on the pleadings
Docket 79
The complaint in Count I fails to specifically state what oath or account they made in connection with the main bankruptcy case that was false. Nor does Count I specifically state what income was not disclosed. Although it might be possible for the Court to guess at these items based upon numbered paragraphs 8 through 26 of the complaint, the Court declines to do this and declines to supply detail that should have been supplied by plaintiff.
Thus, the Court treats the motion for judgment on the pleadings as a motion to dismiss on the section 727 cause of action. The Court grants the motion as to Count I (i.e., the section 727 cause of action) with leave of Court to amend within 20 days of the date of entry of the order granting the motion.
The jury in the Riverside County Superior Court action found that Luis and Margarita Escontrias did not have a written or oral contract with the Koll Company. However, the jury made no findng as to whether Plaintiff Pilar Escontrias had a contract with the Koll Company. Therefore, there is no basis for granting the motion for judgment on the pleadings as to the other counts of the complaint.
Grant in part, with leave to amend, and deny in part.
Debtor(s):
Christopher Allen Hageman Represented By
9:00 AM
Roland D Tweed
Defendant(s):
Christopher Allen Hageman Represented By Thomas H Brehme
Crystal Dee Hageman Represented By Thomas H Brehme
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
Adv#: 6:18-01081 Escontrias v. Hageman et al
Hrg. on Defendants' Motion filed 3/28/19 to Withdraw Deemed Admissions
Docket 81
Plaintiff Pilar Escontrias ("Plaintiff") served his first set of requests for admission ("RFAs") on defendants Christopher Hageman, Crystal Hageman and Kai Hargis (collectively, "Defendants") on or about September 28, 2018. Defendants’ responses were due on or before October 31, 2018 under Federal Rule of Civil Procedure 36, incorporated by Federal Rule of Bankruptcy Procedure 7036. On October 30, 2018, Defendants requested a two week extension for responding to the RFAs. Plaintiff granted the extension, establishing a new due date of November 14, 2018.
November 14, 2018 came and went without any response to the RFAs. Additionally, further thwarting discovery in this matter, Defendants failed to respond to Plaintiff’s third attempt to schedule a deposition for Crystal Hageman. Plaintiff’s counsel emailed Defendants’ counsel on November 16, 2018 inquiring about a response to the RFAs – then overdue, despite the two week extension – and also made a fourth attempt to schedule Crystal Hageman’s deposition, for that purpose requesting a firm date for the deposition.
Seventeen days passed following the November 16 email, with no response from Defendants’ counsel. Finally, on December 4, 2018, Plaintiff’s counsel sent yet another follow up email to Defendants’ counsel regarding discovery matters. Counsel stipulated to extend the discovery cutoff on or about December 12, 2018, but Defendants’ counsel made no further attempt to obtain an extension of time for responding to the RFAs, nor did Plaintiff’s counsel grant such an extension.
9:00 AM
Between December 18 and December 20, 2018, Plaintiff filed separate motions for an order deeming the truth of the matters set forth in the unresponded-to RFAs against each of the three Defendants. The Court held a hearing on January 10, 2019 and by orders filed and entered January 22, 2019 (Docket Nos. 50-52) granted each of the three motions (and declining to grant any monetary sanctions) (the "Deemed Admitted Orders").
Plaintiff filed a motion for summary judgment on February 28, 2019 and set a hearing for April 25, 2019 at 9:00 a.m. Exactly one month after this motion for summary judgment was filed,on March 28, 2019, Defendants filed a motion for judgment on the pleadings and a motion to withdraw the deemed admissions with respect to the RFAs (the "Withdrawal Motion"). The Withdrawal Motion is also set for hearing on April 25, 2019 at 9:00 a.m. and asks the Court to withdraw the deemed admissions that the Court determined to be proper in the Deemed Admitted Orders. Defendants argue withdrawal will aid in the presentation of their case and that there would be no substantial prejudice to Plaintiff by reason of the withdrawal.
These arguments should have been presented to the Court at Plaintiff’s motion for an ordering deeming the truth of the RFAs. As a result of the failure to raise those arguments at that time, the Court deems them to have been waived and denies the Withdrawal Motion on that basis.
As a second independent ground for denying the Withdrawal Motion, the Court finds that the Withdrawal Motion is in substance a motion for reconsideration of the Deemed Admitted Orders yet fails to make a sufficient showing that new evidence has been discovered or that the Court made a manifest error of fact or law when it decided the motions leading to the entry of the Deemed Admitted Orders.
As a third independent ground for denying the Withdrawal Motion, the Court finds that Defendants have failed to make a sufficient showing that upholding the deemed admissions would eliminate any need for a presentation on the merits. Conlon v.
United States of America, 474 F.3d 616 (9th Cir. 2007). Additionally, the Court finds that Plaintiff would in fact be substantially prejudiced if the deemed admissions to the
9:00 AM
RFAs are withdrawn. Plaintiff has shown that as a result of the lapse of time that has already occurred, Plaintiff is no longer able to obtain key evidence that Crystal Hageman was selling Plaintiff’s property on the internet through crystaltreasures70 @gmail.com or crystaltreasures70@yahoo.com (either that or the initial disclosure provided by Crystal Hageman as to this matter was false). Certainly, the elimination of key evidence through lapse of time is substantial prejudice.
Finally, Defendants have not shown good cause for the delay in filing the Withdrawal Motion. The Withdrawal Motion could have been filed as early as mid- to late- November 2018, after the date to timely respond to the RFAs had expired on November 14, 2018. Instead of acting promptly and filing a motion, Defendants waited until March 28, 2019 – over four months, in other words – to file the Withdrawal Motion. In this situation, it was incumbent upon Defendants to show in the Withdrawal Motion that this long delay has not substantially prejudiced Plaintiff in the ability to gather evidence. Defendants have failed to make this showing.
Based upon the foregoing, the Withdrawal Motion is denied with prejudice. PLAINTIFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Christopher Allen Hageman Represented By Roland D Tweed
Defendant(s):
Christopher Allen Hageman Represented By Thomas H Brehme
Crystal Dee Hageman Represented By Thomas H Brehme
Kai Hargis Pro Se
Joint Debtor(s):
Crystal Dee Hageman Represented By
9:00 AM
Roland D Tweed
Plaintiff(s):
Pilar Escontrias Represented By
Ada R Cordero-Sack
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Adv#: 6:19-01029 Express Cash Flow, LLC v. Hamzey, Jr. et al
Status Conference re: Complaint to determine dischargeability of debt pursuant to 11 U.S.C. Section 523(a)(2)(A), 523(a)(2)(B); 523(a)(6)
Docket 1
Upon the request of the parties in the Joint Status Report, the Court will order this adversary proceeding into mediation.
The parties shall file a mediation stipulation and lodge an order thereon on or beofre June 15, 2019.
The date of the next status conference is to be determined. COURT TO PREPARE ORDER.
Debtor(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Defendant(s):
Robert Mansour Hamzey Jr. Pro Se
Marie Ann Hamzey Pro Se
Joint Debtor(s):
Marie Ann Hamzey Represented By Daniel C Sever
9:00 AM
Plaintiff(s):
Express Cash Flow, LLC Represented By
R Gibson Pagter Jr.
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Hrg. on Confirmation of Chapter 11 Plan
Docket 0
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Hrg. on Confirmation of Second Amended chapter 11 plan
(To be held in Courtroom 6C, 411 West Fourth Street, Santa Ana, CA 92701)
(Cont. from 3/21/19)
Docket 0
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Motion for relief from stay [Real Property]
JPMorgan Chase Bank, National Association vs. DEBTOR (Motion filed 4/12/19)
[RE: 426 Emerson Street, Costa Mesa, CA 92627-2112]
Docket 33
- NONE LISTED -
Debtor(s):
Monica Lin Mathers Represented By Justin D Irish
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Dwayne Mason vs. DEBTOR (Motion filed 4/1/19)
[RE: Case Name: Mason v. Pacific Foods & Distribution, Inc., et al.] [Docket Number: 30-2018-01028268-CU-PA-CJC]
[Pending In: Superior Court of California of the County of Orange] [700 Civic Center Drive, Santa Ana, CA 92701]
Docket 35
No tentative ruling.
Debtor(s):
Pacific Foods & Distribution, Inc. Represented By
Edmond Richard McGuire
Trustee(s):
Jeffrey I Golden (TR) Represented By Thomas H Casey
9:00 AM
CONT'D Motion for relief from stay [Personal Property]
1st United Services Credit Union, Its Successors And/Or Assignees vs. DEBTORS
[RE: 2013 Ford Fusion - 3FA6P0G77DR108815]
FR: 4-22-19
Docket 28
The Court will grant the motion under § 362(d)(1) only.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Shahyar Zahedi Represented By Anerio V Altman
Joint Debtor(s):
Shannon Denise Zahedi Represented By Anerio V Altman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Jami Aiken vs. DEBTOR (Motion filed 4/2/19)
[RE: The Action Is Not Filed AT Present Due To The Automatic Stay] [Movant Will Be Plaintiff]
Docket 12
The Court will deny the motion. Because the movant has elected to proceed by way of adversary proceeding in this Court (a complaint having been filed on April 18, 2019), the Court will not permit movant to multiply judicial proceedings against Debtor by initiating a state court action.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Lucy Ann Carmelita Rojo Represented By Jeffrey B Smith
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Mechanics Bank, A California Banking Corporation, Successor By Merger To California Republic Bank vs. DEBTORS; And Amrane Cohen, Chapter 13 Trustee
(Motion filed 4/4/19)
[RE: 2014 Honda CR-V - VIN No.: 5J6R M3H7 4EL0 12814]
Docket 17
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Edgar Sebastian Vazquez Represented By Christopher J Langley
Joint Debtor(s):
Ligia Vazquez Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
AmeriCredit Financial Services, Inc., dba GM Financial vs. DEBTOR (Motion filed 4/4/19)
[RE: 2016 Chevrolet Trax - VIN No.: 3GNCJLSB7GL263729]
Docket 7
No tentative ruling.
Debtor(s):
Frank Uriostegui Represented By Daniel King
Trustee(s):
Thomas H Casey (TR) Pro Se
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; 11-14-18;
5-6-19 at 2:00 p.m.
Docket 593
The Court will continue all Farrell matters on calendar for May 6, 2019 to July 17, 2019 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
9:00 AM
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; 11-14-18; 11-14-18; 5-6-19 at 2:00 p.m.
Docket 487
The Court will continue all Farrell matters on calendar for May 6, 2019 to July 17, 2019 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
9:00 AM
Nanette D Sanders Brian R Nelson 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; 3-28-18; 5-9-18; 11-14-18;
11-14-18; 5-6-19 at 2:00 p.m.
Docket 611
The Court will continue all Farrell matters on calendar for May 6, 2019 to July 17, 2019 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
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
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;
11-14-18; 11-14-18; 5-6-19 at 2:00 p.m.
Docket 510
The Court will continue all Farrell matters on calendar for May 6, 2019 to July 17, 2019 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
9:00 AM
Nanette D Sanders Brian R Nelson Robert P Goe
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; 11-14-18;
11-14-18; 5-6-19 at 2:00 p.m.
Docket 651
The Court will continue all Farrell matters on calendar for May 6, 2019 to July 17, 2019 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
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; 11-14-18; 5-9-19 at
2:00 p.m.
Docket 1
The Court will continue all Farrell matters on calendar for May 6, 2019 to July 17, 2019 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#: 8:16-01204 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; 11-14-18;
5-6-19 at 2:00 p.m.
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
Hearing RE: Chapter 7 Trustee's Motion For Sanctions Against Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC, Grace Baek, Corey Tolliver And Christopher Coyle For Failure To Participate In Court Ordered Mediation In Good Faith And Actions Thereafter Pursuant to 11 U.S.C. Section 105, Federal Rule Of Bankruptcy Procedure 7016 And Local Bankruptcy Rule 1001-1(f) (Motion filed 2/28/19)
Docket 350
Based upon the District Court's March 26, 2019 Order Regarding Motion to Enjoin or Stay Sanctions Motions or Withdraw the Reference (ECF 44 in C.D. Cal. No. 8:18- cv-00528-JVS), the Court will take these sanctions motions off calendar and set a status conference in the main bankruptcy case and the 1454 action for December 16, 2019 at 2:00 p.m.
If the Ninth Circuit rules on the corresponding matters before it prior to December 2, 2019, then the parties should so advise this Court promptly in an updated Joint Status Report. If the Ninth Circuit has not ruled on the corresponding matters by December 2, 2019, the parties shall advise this Court of the status of the appeals in an updated Joint Status Report on or before December 3, 2019.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee
9:00 AM
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
Hearing RE: Debtor's 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 Actions Thereafter Pursuant To
F.R.C.P. Rule 16 And 11 U.S.C. Section 105; And (2) Order Revoking Pro Hac Vice Admissions Of Attorneys Christopher Coyle And Corey Tolliver
(Motion filed 2/28/19)
[Joinder of Dan Halvorson and Jerry Ann Randall to Motion - Docket No. [357]
Docket 351
Based upon the District Court's March 26, 2019 Order Regarding Motion to Enjoin or Stay Sanctions Motions or Withdraw the Reference (ECF 44 in C.D. Cal. No. 8:18- cv-00528-JVS), the Court will take these sanctions motions off calendar and set a status conference in the main bankruptcy case and the 1454 action for December 16, 2019 at 2:00 p.m.
If the Ninth Circuit rules on the corresponding matters before it prior to December 2, 2019, then the parties should so advise this Court promptly in an updated Joint Status Report. If the Ninth Circuit has not ruled on the corresponding matters by December 2, 2019, then the parties shall advise this Court of the status of the appeals in an updated Joint Status Report on or before December 3, 2019.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe
9:00 AM
Trustee(s):
Charity J Manee
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: Chapter 7 Trustee's Motion For Sanctions Against Richard Baek, Baek 153, LLC, Pacific Commercial Group, LLC, Grace Baek, Corey Tolliver and Christopher Coyle For Failure To Participate In Court Ordered Mediation In Good Faith And Actions Thereafter Pursuant To 11 U.S.C. Section 105, Federal Rule Of Bankruptcy Procedure 7016 And Local Bankruptcy Rule 1001-1(f) (Motion filed 2/28/19)
[Joinder of Dan Halvorson and Jerry Ann Randall to Motion - Docket No. [467]
Docket 465
Based upon the District Court's March 26, 2019 Order Regarding Motion to Enjoin or Stay Sanctions Motions or Withdraw the Reference (ECF 44 in C.D. Cal. No. 8:18- cv-00528-JVS), the Court will take these sanctions motions off calendar and set a status conference in the main bankruptcy case and the 1454 action for December 16, 2019 at 2:00 p.m.
If the Ninth Circuit rules on the corresponding matters before it prior to December 2, 2019, then the parties should so advise this Court promptly in an updated Joint Status Report. If the Ninth Circuit has not ruled on the corresponding matters by December 2, 2019, then the parties shall advise this Court of the status of the appeals in an updated Joint Status Report on or before December 3, 2019.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee
9:00 AM
Defendant(s):
John Olaf Halvorson Represented By Charity J Manee 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
Hearing RE: Debtor's 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 Actions Thereafter Pursuant To
F.R.C.P. Rule 16 And 11 U.S.C. Section 105; And (2) Order Revoking Pro Hac Vice Admissions Of Attorneys Christopher Coyle And Corey Tolliver
(Motion filed 2/28/19)
[Joinder of Dan Halvorson and Jerry Ann Randall to Motion - Docket No. [468]
Docket 461
Based upon the District Court's March 26, 2019 Order Regarding Motion to Enjoin or Stay Sanctions Motions or Withdraw the Reference (ECF 44 in C.D. Cal. No. 8:18- cv-00528-JVS), the Court will take these sanctions motions off calendar and set a status conference in the main bankruptcy case and the 1454 action for December 16, 2019 at 2:00 p.m.
If the Ninth Circuit rules on the corresponding matters before it prior to December 2, 2019, then the parties should so advise this Court promptly in an updated Joint Status Report. If the Ninth Circuit has not ruled on the corresponding matters by December 2, 2019, then the parties shall advise this Court of the status of the appeals in an updated Joint Status Report on or before December 3, 2019.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe
9:00 AM
Charity J Manee
Defendant(s):
John Olaf Halvorson Represented By Charity J Manee 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
2:00 PM
Hearing RE: Motion For Order Reclassifying Claims As Late Filed Claims Pursuant To 11 U.S.C. Section 502:
(Motion filed 3/27/2019)
Claim No. 9 | Lieu Kim Phung | $28,632.36 |
Claim No. 10 | Judy Trinh | $27,300.00 |
Claim No. 11 | Van Duc Phung | $150,300.00 |
Docket 88
The Court will continue this hearing to May 20, 2019 at 2:00 p.m. so that it may be heard in conjunction with the motion to allow creditors untimely proof of claim.
COURT TO PREPARE ORDER.
Debtor(s):
Sen Hieu Phung Represented By Jeffrey J Hagen
Trustee(s):
Jeffrey I Golden (TR) Represented By Jeffrey I Golden Reem J Bello
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Authority To Conduct Public Auction For Sale Of Personal Property Of The Estate Pursuant To 11 U.S.C. Section 363(b)
(Motion filed 4/12/19)
Docket 40
The Court will grant the motion. City National Bank's lien will attach to the proceeds from the auction of the Remaining Personal Property (as defined in the Trustee's Reply).
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Pacific Foods & Distribution, Inc. Represented By
Edmond Richard McGuire
Trustee(s):
Jeffrey I Golden (TR) Represented By Thomas H Casey
2:00 PM
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; 11-14-18
Docket 651
- NONE LISTED -
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
2:00 PM
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;
11-14-18
Docket 510
- NONE LISTED -
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
2:00 PM
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; 11-14-18
Docket 611
- NONE LISTED -
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
2:00 PM
Nanette D Sanders Brian R Nelson Robert P Goe
2:00 PM
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; 11-14-18
Docket 487
- NONE LISTED -
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 Robert P Goe
2:00 PM
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; 11-14-18
Docket 593
- NONE LISTED -
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 Robert P Goe
2:00 PM
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; 11-14-18;
5-6-18 at 2:00 p.m.
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
2:00 PM
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
2:00 PM
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; 11-14-18
Docket 1
- NONE LISTED -
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
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders
2:00 PM
Brian R Nelson Robert P Goe
9:00 AM
Law Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 4/10/19)
Re: 2014 Toyota Tacoma
Docket 27
The larged equity cushion of over $3,000 shows that the movant is adequately protected. The stay is not in effect as to the Debtors but remains in effect as to the property of the estate, including the 2014 Toyota Tacoma, because there has been no showing that the Trustee abandoned the vehicle or that it has revested in the Debtors.
The Court will deny the motion without prejudice. COURT TO PREPARE ORDER.
Debtor(s):
Cesar Coronado Represented By Daniel King
Joint Debtor(s):
Claudia Patricia Coronado Represented By Daniel King
9:00 AM
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
The Law Offices of Jason C. Tatman, A.P.C. - movant attorney Motion for Relief from Stay
HSBC Bank USA, National Association vs. DEBTOR (Motion filed 4/10/19)
Re: 12384 Kasota Court, Moreno Valley, California 92557
Docket 8
The Court will grant the motion under § 362(d)(1) only.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Denise Lalanie Scheltens Represented By Timothy W Combs
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Prenovost, Normandin, Bergh & Dawe - movant attorney Motion for Relief from Stay
Yamaha Motor Finance Corp. vs. DEBTORS (Motion filed 4/15/19)
Re: 2017 Yamaha XVS95CTHR V Star Tourer
Docket 11
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ross Anthony St. Clair Represented By Aaron Lloyd
Joint Debtor(s):
Ashley Nicole Clark Represented By Aaron Lloyd
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Malcolm Cisneros - movant attorney Motion for Relief from Stay
Bank of New York Mellon Trust Company N.A. vs. Debtor (Motion filed 4/16/19)
RE: 8167 Vineyard Avenue #66, Rancho Cucamonga, CA 91730-3394
Docket 13
The Court will grant the motion under § 362(d)(1) and (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jeanette Marie Williams Represented By Brian J Soo-Hoo
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, Larry D. Simons, trustee (Motion filed 4/4/19)
Re: 2015 Dodge Ram 1500, VIN: 3C6JR6DM5FG589164
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):
Bradford Joseph Acken Represented By Benjamin R Heston
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Law Offices of Vincent Frounjian, Esq. - movant attorney Motion for Relief from Stay
American Honda Finance Corporation vs. DEBTOR, Howard B. Grobstein, chapter 7 trustee
(Motion filed 4/8/19)
Re: 2018 HONDA ACCORD, VIN: 1HGC V1F9 2JA1 03153
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):
Samantha Leigh Moxham Represented By Jenny L Doling Summer M Shaw
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
Malcolm Cisneros, A Law Corporation - movant attorney Motion for Relief from Stay
Bank of New York Mellon Trust Company vs. DEBTOR (Motion filed 4/8/19)
Re: 838 NorthQuince Avenue, Rialto, CA 92376
Docket 10
The Court will grant the motion under § 362(d)(1) and (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Karl Baumgartner Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Americredit Financial Services, Inc. vs. DEBTOR, Charles W. Daff, trustee (Motion filed 4/11/19)
Re: 2017 Dodge Journey VIN 3C4PDCAB8HT695282
Docket 9
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Deland George Lupson Jr. Represented By Daniel King
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, Steven M. Speier, trustee (Motion filed 4/2/19)
Re: 2015 Nissan Versa, VIN: 3N1CN7AP0FL910314 . (Wang, Jennifer)
Docket 12
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Lauren Chanel Channel Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Americredit Financial Services, Inc. vs. DEBTORS, Todd A. Frealy, trustee (Motion filed 4/5/19)
Re: 2011 Ford Edge, VIN: 2FMDK3JC5BBB29905
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):
Hugo S. Desiderio Represented By Keith Q Nguyen
Joint Debtor(s):
Julie E. Martinez Represented By Keith Q Nguyen
Trustee(s):
Todd A. Frealy (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. DEBTORS, John P. Pringle, trustee (Motion filed 4/15/19)
Re: 2018 HONDA ACCORD, VIN: 1HGC V2F3 2JA0 34160
Docket 7
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Edgar Eleazar Solis Represented By Terrence Fantauzzi
Joint Debtor(s):
Yuriria Figueroa Represented By Terrence Fantauzzi
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Hrg. on Trustee's Motion filed 4/12/19 Objecting to Debtor's Homestead Exemptions
Docket 89
The Court will sustain the objection and disallow the homestead exemption in its entirety.
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 filed 4/3/19 Objecting to Debtor's Claim Personal Property Exemption
Docket 49
The Court will grant the motion and disallow the exemption in HD Vest Financial Services Account No. 5814 in its entirety.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Daniel Lawrence Cohen Represented By Robert L Firth
Trustee(s):
John P Pringle (TR) Represented By
D Edward Hays
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 4/12/19 to Sell Property of the Estate Free and Clear of Liens under Section 363(f) Chapter 7 Trustees Motion for Order: (1) Approving the Sale of Real Property of the Estate Free and Clear of Certain Liens Pursuant to Bankruptcy Code §§ 363(b)(1) and 363(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 36
The Court will grant the motion on the terms proposed by Penny Mac's conditional non-opposition, provided, however, that the minimum overbid increment shall be
$5,000 instead of $1,000.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Tommy Lawrence Kelly Represented By Michael E Clark
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
Hrg. on Debtor's Motion filed 4/16/19 for Order Approving Stipulation for Compromise and Settlement of Claims and Mutual General Releases; and for Dismissal of Case
Docket 75
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 Hassan Mehtar's motion for extension of time to file a complaint objecting to discharge Motion to Extend Deadline for Movants to File a Complaint for Declaration of Non-Dischargeability of Debts
Docket 30
Creditors James A. Sanchez, Jr. et al. ("Creditors") move the Court to extend the deadline for them to file a complaint against debtor Hassan Mehtar under Bankruptcy Code section 523 from April 15, 2019 to September 30, 2019 ("Debtor") (the "Motion"). Debtor has filed an opposition to the Motion (the "Opposition").
Creditors have filed a Reply to Debtor’s Opposition.
The Court takes judicial notice of the docket in this case. Fed. R. Evid. 201.
The facts here show that Debtor filed a chapter 7 petition on January 11, 2019. The first date set for the section 341(a) examination was February 12, 2019. The examination went forward on that date, and Creditors’ attorney questioned the Debtor for approximately 5 to 10 minutes. Declaration of David A. Grabhorn in support of the Reply to Debtor’s Opposition to Motion to Extend Deadline to File Complaint for Non-Dischargeability of Debts, Docket No. 36, filed April 30, 2019. The docket shows that the section 341(a) meeting was continued to March 19, 2019 and April 23, 2019. There is no evidence that Creditors’ attorney appeared at any of the continued section 341(a) meetings.
The deadline for filing a complaint alleging exception to discharge on the grounds specified in Bankruptcy Code section 523(c) was set at April 15, 2019. Fed. R. Bankr. P. 4007(c). Creditors filed the Motion on April 15, 2019. Thus, the Motion is timely. Fed. R. Bankr. P. 4007(c) ("[t]he motion shall be filed before the time has
2:00 PM
expired").
On January 15, 2019 – a mere four days after the petition was filed -- Creditors moved for relief from the automatic stay on the ground that they wished to proceed in state court in an action pending against the Debtor. The Court granted that motion by order filed and entered February 15, 2019. This action is set for a jury trial to commence on June 7, 2019. Declaration of David A. Grabhorn in support of the Motion.
Creditors do not dispute that they received notice of the commencement of the bankruptcy case, the date of the section 341(a) meeting and the deadline for commencing a section 523 action against Debtor.
Federal Rule of Bankruptcy Procedure 4007(c) permits the Court to extend the deadline for filing a section 523 complaint "for cause." This Rule does not define the term "for cause." Bankruptcy Courts have, however, interpreted the "for cause" requirement and have indicated that the determination of "cause" rests within the Court’s discretion. In re Nowinski, 291 B.R. 302, 305 (Bankr. S.D.N.Y. 2003); In re Gotay, No. 05-12118 (ALG), 2005 Bankr. LEXIS 3479 (Bankr. S.D.N.Y., Aug. 30,
2005). "Cause" is narrowly construed to promote the prompt resolution of the case and the implementation of a debtor’s "fresh start." In re Garner, 339 B.R. 610, 611 (Bankr. W.D. Tex. 2006) (grounds for the requested extension must be "compelling"); In re Nowinski, supra, 291 B.R. at 305.
Courts have found the following factors to be relevant to a determination of "cause":
whether the creditor had sufficient notice of the deadline and the information to file an objection; (2) the complexity of the case; (3) whether the creditor exercised diligence; (4) whether the debtor refused in bad faith to cooperate with the creditor; and (5) the possibility that proceedings pending in another forum will result in collateral estoppel on the relevant issues. In re Boltz-Rubinstein, 454 B.R. 614, 620 (Bankr. E.D. Pa. 2011); In re Nowinksi, supra, 291 B.R. at 305.
Other factors occasionally mentioned by the courts are whether granting the delay will
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prejudice the debtor and the length of the delay and its impact on efficient judicial administration. In re Boltz-Rubinstein, supra, 454 B.R. at 620.
Here, Creditors have not disputed that they had sufficient notice of the deadline. Creditors promptly filed a motion for relief from the automatic stay four days after this case’s commencement and obtained such relief slightly more than one month after the petition was filed. This action shows that Creditors quickly learned that the Debtor had filed a bankruptcy petition and had bankruptcy counsel. As to information necessary to file a section 523 complaint, the Court infers from the fact that a jury trial in state court is only weeks away that Creditors possess all or substantially all the information they need to commence a section 523 action against Debtor in this Court. In the Reply, Creditors state that "[u]ntil the [state court] trial is completed [Creditors] will not know for certain whether they have grounds to file a non-dischargeability adversary complaint against Debtor." Creditors undoubtedly made allegations against Debtor in the state court complaint (Creditors allege Debtor is a defendant in that action), and if they made them in that Court, they can make them in this Court if in their determination a case for exception to discharge can be made out. There is no rule that a claim be liquidated before a section 523 complaint can be filed. Creditors’ argument that they are worried about Rule 11 sanctions as a result of filing the section 523 complaint before the state court action is concluded is a red herring. This factor favors Debtor.
Creditors assert that the state court action is complex. Declaration of David Grabhorn in support of the Motion. Creditors project a 10-day jury trial in state court, which this Court accepts as evidence of complexity. This factor favors Creditors.
Creditors did not exercise diligence. Generally, exercising diligence entails attending the section 341(a) meeting of creditors and seeking an order to examine or obtain documents from the debtor pursuant to Federal Rule of Bankruptcy Procedure 2004. In re Mendelsohn, 202 B.R. 831 (Bankr. S.D.N.Y. 1996); In re Farhid, 171 B.R. 94, 97 (N.D. Cal. 1994). The docket in this case affirmatively shows that Creditors did not move the Court to order a 2004 exam.
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No evidence has been presented to the Court by Creditors that Debtor refused in bad faith to cooperate with them. This factor favors Debtor.
Finally, although it has been alleged that collateral estoppel will arise as a result of the state court action with respect to the relevant issues in Creditors’ intended section 523 action in this Court, Declaration of David A. Grabhorn in support of the Motion, this is not stated as Creditors’ knowledge, only their belief – which is not further supported by any evidence that would lead the Court to conclude that such belief is justified and true and something more than Creditors’ speculation and hope. Creditors have not made a sufficient showing that this factor tilts in their favor.
Creditors mention the "prejudice to the debtor" factor in the Motion but do not argue the point nor introduce any evidence on the subject in the Declaration of David Grabhorn. Debtor argues he most definitely will suffer prejudice if the Motion is granted: "An extension of time will only delay this simple bankruptcy case and prevent the DEBTOR from obtaining his fresh start, which is contrary to the goals of the bankruptcy code. Not to mention that, DEBTOR will have to suffer emotional distress every day, until September 30, 2019 and possibly longer, worrying whether MOVANTS will decide to file a nondischargeability complaint." Opposition at 3.
Delay of a fresh start has been determined to be prejudicial to the debtor in the context of the 60-day deadline imposed by related Bankruptcy Rule 4007(c). Cartage Pac. v. Waldner (In re Waldner), 183 B.R. 879, 881 (B.A.P. 9th Cir. 1995) (related Rule 4007(c)’s 60-day limitation’s purpose is to further fresh start goal of bankruptcy relief); see also Marino v. Classic Auto Refinishing, Inc. (In re Marino), 213 B.R.
846, 854 (B.A.P. 9th Cir. 1997) ("The purpose of Fed. R. Bankr. P. 4007(c) is to ‘further the prompt administration of bankruptcy estates . . . and to further fresh start goals by allowing the debtor to enjoy finality and certainty of relief from financial distress as quickly as possible"); In re Santos, 112 B.R. 1001, 1006 (B.A.P. 9th Cir. 1990). The Court determines that this factor is in Debtor’s favor.
The length of the delay is not inordinate, and the Court finds no significant impact on judicial administration. The factor favors Creditors.
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In conclusion, four of the seven factors straightforwardly weigh against Creditors. The second of the five factors – complexity – is in Creditors’ favor. Creditors have not made a sufficient showing that the fifth factor is in their favor, and for that reason the Court places this factor in Debtor’s camp. The seventh factor – impact on judicial administration – is in Creditors’ favor. In summary, five factors favor Debtor and two factors favor Creditors. Although the Court does not believe the outcome of this matter should be determined on purely mathematical grounds (i.e., five to two), the Court cannot conclude that the two factors favoring Creditors are of such overarching importance that they should be weighted more heavily than any of the factors favoring Debtor.
On this basis, the Court determines that "cause" does not exist that would permit the Court to grant the Motion. The Motion is denied with prejudice.
Debtor(s):
Hassan Mehtar Represented By
Sunil A Brahmbhatt
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
Hrg. on Debtor's application for Authority to Employ Appellate Counsel For State Court Appeal
Docket 48
The Court will deny the application as moot in view of the dismissal of the chapter 11 case.
COURT TO PREPARE ORDER.
Debtor(s):
RFS Sports, Inc. Represented By Lane K Bogard
2:00 PM
Hrg. on creditor, Pao Sheng Yang's Motion filed 4/2/19 to Dismiss the Chapter 11 Bankruptcy case of RFS Sports, Inc. and Field sport, Inc. pursuant to 11
U.S.C. Section 1112(b)
Docket 69
One of the purposes of bankruptcy is to create a level playing field among the creditors of a financially-troubled person or entity and to ensure equality of distribution after taking into account the secured, priority or general unsecured status of such creditors. If Pao Sheng Yang were the only creditor in these cases (or if other creditors only held de minimis claims), the Court undoubtedly would dismiss these cases with prejudice pursuant to 11 U.S.C. § 349. However, the presence of other significant creditors argues in favor of a dismissal without a bar, so that the claims of all creditors, and not merely Mr. Yang, can have their rights against these corporate debtors protected.
The Court will not impose a bar to the refiling of chapter 11 cases. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
RFS Sports, Inc. Represented By Lane K Bogard
2:00 PM
Hrg. on creditor, Pao Sheng Yang's Motion filed 4/24/19 to Convert Case From Chapter 11 to 7
Docket 31
The Court will grant the motion and convert the case to Chapter 7 for the reasons stated by the U.S. Trustee in the Trustee's concurrent motion.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Yongming Sui Represented By Michael A Cisneros
2:00 PM
Hrg. on Chapter 11 Status Conference (Cont. from 4/18/19)
Docket 1
The Court will inquire whether Mr. Sui was fully compliant with the U.S. Trustee guidelines and requirements as of May 3, 2019.
The date of the next status conference is to be determined.
Debtor(s):
Yongming Sui Represented By Javier H Castillo
2:00 PM
Hrg. on U.S. Trustee's Motion filed 4/24/19 to Dismiss or Convert Bankruptcy case pursuant to 11 U.S.C. §1112(b) & Local Bankruptcy Rule 2015-2
Docket 0
The Court will grant the motion and convert the case to Chapter 7 for the reasons stated by the U.S. Trustee.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS
Debtor(s):
Yongming Sui Represented By Michael A Cisneros
2:00 PM
Hrg. on chapter 7 trustee's Motion for an order directing the Debtor to turn over property of the estate
Docket 0
- NONE LISTED -
Debtor(s):
Eddie R. Vega Represented By Daniel King
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Hrg. on 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 Rules of Bankruptcy Procedure 9020
(Cont. from 3/13/19)
Docket 0
The Court will inquire into the U.S. Trustee's views in the matter in view of Mr. McCandless's declaration that he tried but failed to locate Debtors (one of whom has died) and then made an effort to deliver the $765 disgorgement payment to the deceased Debtor's sister or sister-in-law.
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
9:00 AM
Adv#: 8:17-01068 Pette v. Sanders
Hearing RE: Motion For Judgment On The Pleadings (Motion filed 4/5/19)
Docket 49
- NONE LISTED -
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
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; 12-12-18
Docket 1
The Court will inquire into (1) compliance with U.S. Trustee guidelines and requirements and (2) whether Debtors expect objections to the disclosure statement.
Next status conference: June 19, 2019 at 2:00 p.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 et al v. Biden
CONT'D 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]
FR: 12-19-18; 1-23-19; 2-20-19
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
9:00 AM
Adv#: 8:18-01069 Marshack et al v. Biden
CONT'D STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Second Amended 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
(First Amended Complaint filed 12/14/18) (Second Amended Complaint filed 4/10/19)
FR: 1-23-19; 2-20-19
Docket 27
- NONE LISTED -
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Arlene C Biden Represented By Phillip Greer
Plaintiff(s):
Chriss W. Street Represented By Timothy C Aires
9:00 AM
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#: 8:18-01075 Street v. Greer et al
CONT'D 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]
FR: 2-20-19
Docket 57
- NONE LISTED -
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 Ryan D ODea
9:00 AM
9:00 AM
Adv#: 8:18-01174 Chappell et al v. Chappell et al
CONT'D 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)
FR: 12-12-18
Docket 1
The Court continued the status conference to give plaintiffs and defendants an opportunity to mediate their dispute. They mediated on April 8, 2019 and reached a settlement. The chapter 7 Trustee filed a notice that he opposes the settlement.
The Court will continue the status conference to September 18, 2019 at 9:00 a.m. to give the parties an opportunity to notice a motion to approve the settlement and the give the chapter 7 Trustee an opportunity to file a brief opposing the proposed settlement.
COURT TO PREPARE ORDER.
Debtor(s):
Scott Lawrence Chappell Represented By Stephen E Olear
Defendant(s):
Alicia Woolsey Pro Se
9:00 AM
Scott Lawrence Chappell Pro Se
Joint Debtor(s):
Alicia Woolsey Represented By Stephen E Olear
Plaintiff(s):
Russell Chappell Represented By Stephen A Madoni
William Chappell Represented By Stephen A Madoni
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Toyota Motor Credit Corporation
(Motion filed 3/19/19)
[RE: 2012 Toyota Scion XB - Amount: $3,897.75] [VIN No.: JTLZE4FE7CJ012961]
Docket 10
The Court will disapprove the agreement as not in Debtor's best interest.
Debtor(s):
Carlos Betancourt Represented By Tina H Trinh
Joint Debtor(s):
Yvonne Betancourt Represented By Tina H Trinh
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Hearing RE: Reaffirmation Agreement Between Debtor And First Investors Services Corporation
(Motion filed 4/9/19)
[RE: 2018 Kia Sportage - Amount: $23,243.09] [VIN No.: KNDPM3AC3J7339681]
Docket 12
The Court will disapprove the agreement as not in Debtor's best interest.
Debtor(s):
Geraldine Grace Miller Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 4-10-19
Docket 80
- NONE LISTED -
Debtor(s):
Juana Pierda Mondragon 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: 2-6-19
Docket 19
- NONE LISTED -
Debtor(s):
Deena Cousar Brown Represented By Brad Weil
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmaiton Of Chapter 13 Plan FR: 3-13-19; 4-10-19
Docket 30
- NONE LISTED -
Debtor(s):
Virginia Ann Von Schaefer Represented By Omero Banuelos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 3-13-19; 4-10-19
Docket 2
- NONE LISTED -
Debtor(s):
Michael Leelin Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 17
- NONE LISTED -
Debtor(s):
Gabriela Desiree Lopez 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):
Madonna L Gionta 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):
John Wesley Wilson Represented By Christopher J Langley
Joint Debtor(s):
Monnette Shiree Wilson 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):
Edgar Sebastian Vazquez Represented By Christopher J Langley
Joint Debtor(s):
Ligia Vazquez 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):
Naveed K Fazli Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 20
- NONE LISTED -
Debtor(s):
Alfredo Alvarado Represented By Norma Duenas
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 18
- NONE LISTED -
Debtor(s):
Eric Kennedy Represented By Andrew Nguyen
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 9
- NONE LISTED -
Debtor(s):
Elisa Herrera Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 11
- NONE LISTED -
Debtor(s):
Gina Nascimento Flores Represented By Linda Rose Fessler
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Wendy Christine DeMeo 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):
Ernesto Montalvo 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 2/6/19)
(Opposition filed 2/15/19)
(Set per Notice of Hearing filed 2/15/19) FR: 3-13-19; 4-10-19
Docket 65
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Joan Ellen Yates Represented By Allan S Williams
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 2/6/19)
(Opposition filed 3/6/19) (Notice of Hearing filed 3/6/19)
Docket 46
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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
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 2/16/19)
(Opposition filed 2/28/19) FR: 4-10-19
Docket 75
The Court will 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: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments [11 U.S.C. 1307(c)] (Motion filed 2/6/19)
(Opposition filed 3/19/19)
(Set per Notice of Hearing filed 3/19/19)
Docket 62
- NONE LISTED -
Debtor(s):
Juana Pierda Mondragon 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 4/5/19)
(Set per Notice of Hearing and Opposition filed 4/18/19)
Docket 114
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ronny Dennis Morgan Represented By Matthew D. Resnik
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Evidentiary Hrg. re Operation re Objection to Claim No. 25 filed by Claimant Environmental Chemical & Consulting, Inc.
(Per order entered 4/17/19)
Docket 0
Debtor(s):
Deontay Daymont Potter Represented By
M. Jonathan Hayes
Joint Debtor(s):
Joy Shaun Potter Represented By
M. Jonathan Hayes
9:00 AM
Adv#: 6:18-01121 Altman v. Shin
PRE-TRIAL 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))
(Cont from 3/12/19)
Docket 1
The Court will approve the stipulation and continue the pretrial conference to a date to be determined.
COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Defendant(s):
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 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 3/14/19)
Docket 0
- NONE LISTED -
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan Joseph N Darweesh
Defendant(s):
Henry Wallach Represented By Zev Shechtman
Akemi Uomoto 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
9:00 AM
Trustee(s):
Todd A. Frealy (TR) Represented By Eve H Karasik Jeffrey S Kwong Juliet Y Oh Carmela Pagay
10:00 AM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $4,882.45
Re: 2007 Toyota Camry Solara
Docket 11
The Court will disapprove the reaffirmation agreement as not in Debtor's best interest. COURT TO PREPARE ORDER.
Debtor(s):
Mario Augusto Hernandez Represented By
Michael H Colmenares
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc., in the amount of $16,778.78
Docket 7
The Court will disapprove the reaffirmation agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Trishelle Antoine Pro Se
Trustee(s):
Larry D Simons (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
(Cont. from 3/14/19)
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 [Real Property]
U.S. Bank Trust, N.A., As Trustee For LSF9 Master Participation Trust By Caliber Home Loans, Inc., As Its Attorney In Fact vs. DEBTOR
(Motion filed 3/19/19)
[RE: 426 Camino Flora Vista, San Clemente, CA 92673]
FR: 4-15-19
Docket 32
- NONE LISTED -
Debtor(s):
Stephen Lawrie Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Wilmington Trust, National Association, Not In Its Individual Capacity, But Solely As Trustee For MFRA Trust 2014-2 vs. DEBTORS
(Motion filed 2/20/19)
[RE: 904 Bruce Street, Anaheim, California 92804]
FR: 3-18-19
Docket 81
- NONE LISTED -
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
9:00 AM
Motion for relief from stay [Unlawful Detainer]
Dev D. Aggarwal vs. DEBTOR (Motion filed 4/4/19)
[RE: 15 Vantis Drive, Unit "A", Aliso Viejo, CA 92656]
Docket 7
- NONE LISTED -
Debtor(s):
Bridget Goddard 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 4/19/19)
[RE: 1682 W Ord Way, Anaheim, CA 92802]
Docket 9
The Court will deny the motion. The motion is not being heard within 30 days of the petition filing date.
COURT TO PREPARE ORDER.
Debtor(s):
Ernesto Rafael Montalvo Represented By Claudia C Osuna
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Mercedes-Benz Financial Services USA LLC dba Daimler Truck Financial vs. DEBTOR
(Motion filed 4/22/19)
[RE: 2016 Freightliner CA113DC - VIN No.: 3AKJGBD46GSHC6846]
Docket 53
No tentative ruling.
Debtor(s):
Pacific Foods & Distribution, Inc. Represented By
Edmond Richard McGuire
Trustee(s):
Jeffrey I Golden (TR) Represented By Thomas H Casey
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 4/22/19)
(OST Denied 4-22-19)
Docket 9
The Court will grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
William Anthony Wilson Represented By Anthony B Vigil
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
1700 Barranca Parkway, LLC, A California Limited Liability Company vs. DEBTOR
(Motion filed 4/22/19)
[RE: 1700 Barranca Parkway, Irvine, CA 92606]
Docket 11
The Court will grant the motion under § 362(d)(1). The Court will not waive the 14-day stay.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
US Direct LLC Pro Se
9:00 AM
Adv#: 8:17-01068 Pette v. Sanders
TRIAL 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) (Trial set at PTC held 3/20/19)
FR: 7-26-17; 8-30-17; 10-4-17; 4-25-18; 11-14-18
Docket 1
The trial will proceed.
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
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: 6612 Val Verde Ave, Buena Park, California 90621]
Docket 36
The Court will grant the request for judicial notice.
The Court will grant the motion and confirm that, pursuant to § 362(c)(4)(A)(ii), no stay is in effect in the current case.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Heriberto Marin Represented By Frank P Peterson
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
Hearing RE: United States Trustee's Motion For An Order Imposing Fines And Directing Disgorgement Of Fees Against Bankruptcy Petition Preparers Randolph M. Hirsch, Venus Rabizadeh And The Bankruptcy Preparers Network USA Pursuant To 11 U.S.C. Section 110
(Motion filed 4/12/19)
Docket 22
The Court will grant the motion in part. The Court will fine the BPPs $1,500 and order disgoregementof $200 in feeds paid to them. The Court will not triple the fines. The BPPs are ordered to pay $1,700 to the U.S. Trustee on or before June 30, 2019.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ciara Butler Pro Se
Trustee(s):
Thomas H Casey (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 2/1/19)
FR: 4-10-19
Docket 0
- NONE LISTED -
Debtor(s):
Sepideh Sally Cirino Pro Se
2:00 PM
Hearing RE: Motion To Allow Creditors Untimely Proofs Of Claim Pursuant To Federal Rule Of Bankruptcy Procedure 9006(b)(1)
(Motion filed 4/19/19)
Claim No. | 9 | Lieu Kim Phung | $28,632.36 | |
Claim No. | 10 | Judy Trinh | $27,300.00 | |
Claim No. | 11 | Van Duc Phung | $150,300.00 | |
Docket | 96 |
Applying the Dix factors, the Court determines that excusable neglect is present and will deny the motion to reclassify claims and allow the claims as deemed to be timely filed.
Accordingly, the Court will grant the creditors' motion and deny the Trustee's motion. CREDITORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sen Hieu Phung Represented By Jeffrey J Hagen
Trustee(s):
Jeffrey I Golden (TR) Represented By Jeffrey I Golden Reem J Bello
2:00 PM
#3.10 | ||
CONT'D Hearing RE: Motion For Order Reclassifying | Claims As Late Filed | |
Claims Pursuant To 11 U.S.C. Section 502: | ||
(Motion filed 3/27/2019) Claim No. 9 Lieu Kim Phung | $28,632.36 | |
Claim No. 10 Judy Trinh | $27,300.00 | |
Claim No. 11 Van Duc Phung FR: 5-6-19 | $150,300.00 | |
Docket 88 | ||
Applying the Dix factors, the Court determines that excusable neglect is present and will deny the motion to reclassify claims and allow the claims as deemed to be timely filed.
Accordingly, the Court will grant the creditors' motion and deny the Trustee's motion. CREDITORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS
Debtor(s):
Sen Hieu Phung Represented By Jeffrey J Hagen
Trustee(s):
Jeffrey I Golden (TR) Represented By Jeffrey I Golden
2:00 PM
Reem J Bello
2:00 PM
Hearing RE: Chapter 7 Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 4/24/19)
[RE: WENETA M.A. KOSMALA - Chapter 7 Trustee] [Fees: $58,973.19; Expenses: $184.00]
[RE: WEILAND GOLDEN GOODRICH LLP - Attorney For Chapter 7 Trustee] [Fees: $80,685.00; Expenses: $1,608.66]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $1,000.00; Expenses: $0.00]
Docket 183
The Court will grant the application.
TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mega Development Group LLC Represented By
Greg M Mortensen Larry Rothman Larry Rothman
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello
2:00 PM
Hearing RE: Motion To Hae Angela Lamy Fischer Appointed As "Next Friend"
For Debtor
(Motion filed 4/25/19)
Docket 9
- NONE LISTED -
Debtor(s):
Raymond L Lamy Represented By Antonio John Ibarra
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
Hearing RE: Motion To: (1) Sell Estate's Interest In C3 Lighting Solutions, Inc.; And (2) Approve Compromise Of Controversies Between Chapter 7 Trustee, Debtor, Irma Farrell, Richard E. Farrell, And Richard E. Farrell And Hildrith C.
Farrell Revocable Trust (Motion filed 4/26/19)
Docket 843
The Court will grant the motion for the reasons argued by the Trustee.
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
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
2:00 PM
Hearing RE: Whether The Court Should Enter An Order For Relief In This Involuntary Case Under Federal Rules Of Bankruptcy Procedure 1013, And If Such An Order Is Entered, The Amount Of The Cash Bond The Court Should Require Future Logistics, Inc. To Post Pursuant To 11 U.S.C. Section 303(e) (Set per Order Entered 5/1/19)
Docket 17
- NONE LISTED -
Debtor(s):
US Direct LLC Represented By Donald W Sieveke
2:00 PM
Hearing RE: Debtor's Motion For Third Extension Of Exclusive Periods To File A Plan And To Solicit Acceptances Thereto
(Motion filed 3/12/19)
Docket 153
The Court will grant the motion and extend plan exclusivity to June 10, 2019 and solicitation exclusivity to September 9, 2019.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
9:00 AM
Adv#: 6:18-01081 Escontrias v. Hageman et al
PRE-TRIAL 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)
(Cont. 4/30/18)
Docket 1
The Court will continue the pretrial conference to August 22, 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
Kai Hargis Pro Se
Joint Debtor(s):
Crystal Dee Hageman Represented By
9:00 AM
Roland D Tweed
Plaintiff(s):
Pilar Escontrias Represented By
Ada R Cordero-Sack
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
Bank of America, N.A. vs. Debtor (Motion filed 4/18/19)
RE: U 2012 FORD F-150
Docket 9
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Anna Vasquez Represented By Christopher Hewitt
Trustee(s):
Charles W Daff (TR) Pro Se
2:00 PM
Hrg. on Chapter 7 Trustee's Motion for Order Confirming Avoidance of Tax Penalties under 11 U.S.C. § 724(a) and Subordinating Tax Liens Encumbering Property of the Estate under 11 U.S.C. § 724(b)
Docket 87
The Court will grant the motion. All rights are reserved to the Debtor to object to the Chapter 7 Trustee's fees. The important factor for the Court is that the IRS is not opposing 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 Debtor's Motion to Convert Case From Chapter 7 to 13.
Docket 57
The Motion is not well-founded. The Debtor wants to repay creditors in a chapter 13 case, but the obligations to these creditors have already been discharged (on November 13, 2017). The Debtor is free to repay any creditors he likes but does not need to be in a chapter 13 case to do so.
The Motion is denied with prejudice. COURT TO PREPARE ORDER.
Debtor(s):
Juan Manuel Pesqueda Represented By Gary S Saunders Paul Y Lee
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
2:00 PM
Hrg. on Debtors' Motion to Avoid Judicial Lien with Jamie Taylor (Cont. from 11/20/18)
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 Trustee's Final Report; Applications for Compensation
Docket 0
The Court will grant the application and allow:
Trustee's fees: $1,978.38 Trustee's expenses: $151.16
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
2:00 PM
Hrg. on Chapter 7 Trustee's Motion for Order to (1) Operate Business (Manage Real Property); (2) Collect Rents; and (3) Pay Operating Expenses
Docket 75
The Court is troubled by the very slim margni between rental income and the monthly expenses on the first trust deeds and HELOCs on these properties. One plumbing or electrical problem could put these properties in the red. The Court is leaning toward denying the motion. The properties may already be in the red on an after-tax basis (principal payments being non-deductible).
Debtor(s):
Scott Shih Lee Represented By Ronald D Halpern
Trustee(s):
Robert Whitmore (TR) Represented By
D Edward Hays Tinho Mang
9:00 AM
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) (set at PTC held 2/28/18) FR: 2-28-18; 10-24-18; 1-30-19
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#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
Hearing RE: Plaintiff Diamond Enterprises, Ltd. LP's Motion To Compel Solitek Solutions, Inc. To Produce Documents Responsive To Subpoena
(Motion filed 5/1/19)
Docket 41
- 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 Annie Y Stoops
9:00 AM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
Hearing RE: Plaintiff Diamond Enterprises, Ltd. LP's Motion To Compel Torres Construction Services, Inc. To Produce Documents Responsive To Subpoena (Motion filed 5/1/19)
Docket 42
- 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 Annie Y Stoops
9:00 AM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
Hearing RE: Plaintiff Diamond Enterprises, Ltd. LP's Motion To Compel Kathy Younessi To Produce Documents Responsive To Subpoena
(Motion filed 5/1/19)
Docket 43
- 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 Annie Y Stoops
9:00 AM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
Hearing RE: Plaintiff Diamond Enterprises, Ltd. LP's Motion To Compel James
T. Imperiale To Produce Documents Responsive To Subpoena (Motion filed 5/1/19)
Docket 44
- 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 Annie Y Stoops
9:00 AM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
Hearing RE: Plaintiff Diamond Enterprises, Ltd. LP's Motion To Compel Tiara Enterprises LLC To Produce Documents Responsive To Subpoena
(Motion filed 5/1/19)
Docket 45
- 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 Annie Y Stoops
9:00 AM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
Hearing RE: Plaintiff Diamond Enterprises, Ltd. LP's Motion To Compel Aliso Enterprises LLC To Produce Documents Responsive To Subpoena
(Motion filed 5/1/19)
Docket 46
- 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 Annie Y Stoops
9:00 AM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
Hearing RE: Plaintiff Diamond Enterprises, Ltd. LP's Motion To Compel MJAK Investment, LLC To Produce Documents Responsive To Subpoena
(Motion filed 5/1/19)
Docket 47
- 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 Annie Y Stoops
9:00 AM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
Hearing RE: Plaintiff Diamond Enterprises, Ltd. LP's Motion To Compel Pacifica Holdings, LLC To Produce Documents Responsive To Subpoena
(Motion filed 5/1/19)
Docket 48
- 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 Annie Y Stoops
9:00 AM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
Hearing RE: Plaintiff Diamond Enterprises, Ltd. LP's Motion To Amend Scheduling Order
(Motion filed 5/1/19)
Docket 49
- 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 Annie Y Stoops
9:00 AM
Adv#: 6:19-01047 Ford Walker Haggerty & Behar, LLP et al v. Simons
STATUS CONFERENCE re: Complaint by Ford Walker Haggerty & Behar, LLP, Timothy McDonald against Larry D Simons. priority or extent of lien or other interest in property)),(91 (Declaratory judgment))
Docket 1
- NONE LISTED -
Debtor(s):
Maria Elena Rodriguez Represented By
Michael H Colmenares John P Kreis
Defendant(s):
Larry D Simons Represented By Daniel A Lev
Plaintiff(s):
Ford Walker Haggerty & Behar, LLP Represented By
Howard Steinberg
Timothy McDonald Represented By Howard Steinberg
Trustee(s):
Larry D Simons (TR) Represented By
C John M Melissinos Daniel A Lev
9:00 AM
Adv#: 6:17-01192 Zagros Horizons USA, Inc. v. Bagheritarie
Hrg on Defendant's Motion to Dismiss Adversary Proceeding (Cont. from 3/21/19)
Docket 7
- NONE LISTED -
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 3/21/19)
Docket 29
- NONE LISTED -
Debtor(s):
Frank Bagheritarie Represented By Neil R Hedtke
Defendant(s):
Frank Bagheritarie Represented By Varand Gourjian
Movant(s):
Mohammed Bagheri Represented By Carly E Mashburn
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 Plaintiff's Motion filed 8/2/18 to Compel the Deposition of Frank Bagheritarie and Production of Documents and Request for Sanctions
(Cont. from 3/21/19)
Docket 46
- NONE LISTED -
Debtor(s):
Frank Bagheritarie Represented By Neil R Hedtke
Defendant(s):
Frank Bagheritarie Represented By Varand Gourjian
Movant(s):
Zagros Horizons USA, Inc. Represented By Dina Farhat Paymon Bidari
Plaintiff(s):
Zagros Horizons USA, Inc. Represented By Dina Farhat Paymon Bidari
Trustee(s):
John P Pringle (TR) Represented By
9:00 AM
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 3/21/19)
Docket 1
- NONE LISTED -
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
9:00 AM
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 3/21/19)
Docket 7
- NONE LISTED -
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#: 6:16-01302 USA Sales, Inc. v. California State Board Of Equalization et al
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 1/24/19)
Docket 1
The Court will continue the status conference to October 10, 2019 at 9:00 a.m with an updated status report due October 2, 2019.
COURT TO PREPARE ORDER.
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
California Department of Tax and Represented By
Lisa W Chao
9:00 AM
Plaintiff(s):
USA Sales, Inc. Represented By Lisa Nelson
A. Lavar Taylor Daren M Schlecter Bruce A Emard
9:00 AM
Hrg. on Chapter 11 Status Conference on the Plan and Disclosure Statement (Cont. from 1/24/19)
Docket 0
The Court will continue the status conference to October 10, 2019 at 9:00 a.m with an updated status report due October 2, 2019.
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#: 6:17-01271 United States Trustee for the Central District of v. Ashcraft et al
PRE-TRIAL CONFERENCE re: Complaint for Disgoregement of Fees, Civil Penalties, Sanctions, and Declaratory, Injunctive, and other relief
Docket 0
- NONE LISTED -
Debtor(s):
Mary Ann Gilmore Represented By Patricia M Ashcraft
Defendant(s):
Patricia M Ashcraft Represented By Todd L Turoci
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
9:00 AM
Adv#: 6:18-01170 Von Dehn v. Bonamici
STATUS CONFERENCE re: Complaint by Von Dehn Kathleen against Leanna Therese Bonamici. false pretenses, false representation, actual fraud))
(Cont. from 4/18/19)
Docket 1
The Court will issue a scheduling order:
All discovery shall close on August 31, 2019.
All discovery motions shall be heard before September 30, 2019
All pretrial motions shall be heard before October 31, 2019.
Pretrial conference is set for November 14, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Leanna Therese Bonamici Represented By Christopher Hewitt
Defendant(s):
Leanna Therese Bonamici Represented By
9:00 AM
Christopher Hewitt
Plaintiff(s):
Kathleen Von Dehn Represented By
R Gibson Pagter Jr.
Trustee(s):
Charles W Daff (TR) Represented By
R Gibson Pagter Jr.
9:00 AM
Prenovost, Normandin, Bergh & Dawe - movant attorney Motion for Relief from Stay
LBS Financial Credit Union vs. DEBTOR (Motion filed 5/7/19)
Re: 2015 Chevrolet Camaro LT
Docket 9
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Alejandra Flores Represented By Kian Mottahedeh
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Scheer Law Group, LLP - movant attorney Motion for Relief from Stay
Logix Federal Credit Union vs. DEBTOR (Motion filed 5/3/19)
Re: 2015 Honda Accord
Docket 11
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Joanna B. Nuno Represented By Keith Q Nguyen
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Daimler Trust vs. DEBTOR, Arturo Cisneros, Trustee (Motion filed 5/2/19)
Re: 2018 Mercedes-Benz GLC300W, VIN: WDC0G4JB6JV061502
Docket 9
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Armin Badzak Represented By Jenny L Doling
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:00 PM
Hrg. on trustee's final report and applications for compensation EH
Docket 0
The Court will grant the application and allow:
Trustee's fees: $2,750.00 Trustee's expenses: $186.22
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Christopher Anderson Pro Se
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 the application and allow:
Trustee's fees: $16,006.00 Trustee's expenses: $297.56
Attorneys' fees: $90,000.00 Attorneys' expenses: $5,147.31
Accountant's fees: $4,500.00 Accountant's expenses: $38.05
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Douglas Edward Laube Represented By Todd L Turoci
Trustee(s):
Lynda T. Bui (TR) Represented By Leonard M Shulman Rika Kido
2:00 PM
Hrg. on Debtor's Motion to Avoid Junior Lien under 11 U.S.C. §522(f) (Real Property)
Docket 24
No tentative ruling.
The Court will hold an evidentiary hearing on the issue of the subject property's true fair market value.
Debtor(s):
Joseph Andrew Cordova Represented By Julie J Villalobos
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Adv#: 8:16-01123 Naylor v. Farrell
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For (1) 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) (PTC set at S/C held 11/14/18)
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; 11-14-18; 4-22-19
Docket 19
The Court will continue the pretrial conference (as a status conference only; the Court will not be conducting a pretrial conference) to July 17, 2019 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):
Betty Farrell Represented By
D Edward Hays
9:00 AM
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#: 8:16-01187 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; 9-5-18; 1-9-19;
3-27-19
Docket 1
- NONE LISTED -
Debtor(s):
Casey John Simon Represented By Kelly Zinser
Defendant(s):
Korrine Ellen Simon Represented By Kelly Zinser
Casey John Simon Represented By Kelly Zinser
Joint Debtor(s):
Korrine Ellen Simon Represented By Kelly Zinser
Plaintiff(s):
Paul Thomas Gordy Represented By
9:00 AM
Trustee(s):
Gary Leibowitz
Karen S Naylor (TR) Pro Se
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; 2-27-19
Docket 34
No tentative ruling at this time.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
Defendant(s):
Hugh Miller Represented By
David L. Neale
Deborah Barkat Represented By David L. Neale
Danielle Barkat Turner Represented By David L. Neale
Sivan Barkat Sherman Represented By David L. Neale
9:00 AM
Sidan Engineering, L.P. Represented By David L. Neale
Modern VideoFilm Holdings, LLC Represented By
Juliet Y Oh David L. Neale
Moshe Barkat Represented By Juliet Y Oh David L. Neale
Plaintiff(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
Adv#: 8:19-01056 Fazli v. Nationstar Mortgage, LLC et al
Hearing RE: Motion To Dismiss Complaint (1) To Determine The Extent And Validity Of Lien On Real Property; And (2) For Declaratory Relief
(Motion filed 4/29/19)
[Tele. appr., Christopher McDermott, repr., Creditor, Courtesty NEF]
Docket 3
The Court will grant movant's request for judicial notice.
The Court will grant the motion and dismiss the adversary proceeding for reasons argued by the movant and, as an independent ground, for Debtor's failure to timely oppose the motion, which failure is deemed to be consent to granting the motion. LBR 9013-1(h).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Naveed K Fazli Pro Se
Defendant(s):
Nationstar Mortgage, LLC Represented By
Christopher M McDermott
HSBC Bank USA, National Represented By
Christopher M McDermott
Jason Andrews Pro Se
T.L. Beach LTD Pro Se
9:00 AM
Crescent Holdings Pro Se
Amrane Cohen Pro Se
Team Oak Pro Se
Capital Ventures Pro Se
Rancho Enterprise Pro Se
Sunset Ventures Pro Se
Nexus Pointe Pro Se
Work Force Partners Pro Se
Best Co Investments Pro Se
Ameriprise Services Pro Se
Prime Ventures Pro Se
INOVEST POINTE Pro Se
The Maxwell Group Pro Se
First Line Development Pro Se
Redline Funding Pro Se
Ridge Group Pro Se
Plaintiff(s):
Naveed Fazli Represented By
Jonathan A Michaels
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Liberty Property Limited Partnership vs. DEBTOR (Motion filed 5/8/19)
(OST signed 5/9/19)
[RE: 1575 Hunter Road, Hanover Park, Illinois 60133]
[Tele. appr., Craig N. Haring, repr., Creditor, Liberty Property Limited Partnership]
Docket 27
The Court will grant the motion pursuant to § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
US Direct LLC Represented By Donald W Sieveke
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 2/1/19)
FR: 4-10-19; 5-20-19
Docket 0
The Court will inquire into compliance with U.S. Trustee guidelines and requirements.
The Court will set a deadline of July 31, 2019 for filing a plan and disclosure statement and a deadline of September 30, 2019 for confirming a plan.
Next status conference: TBD. COURT TO PREPARE ORDER.
Debtor(s):
Sepideh Sally Cirino Pro Se
9:00 AM
Adv#: 6:19-01047 Ford Walker Haggerty & Behar, LLP et al v. Simons
STATUS CONFERENCE re: Complaint by Ford Walker Haggerty & Behar, LLP, Timothy McDonald against Larry D Simons. priority or extent of lien or other interest in property)),(91 (Declaratory judgment))
(Cont. from 5/23/19)
Docket 1
The Court will issue a scheduling order:
All discovery closes September 15, 2019.
All discovery motions shall be heard before October 15, 2019.
All pretrial motions shall be heard before November 15, 2019.
Pretrial conference is set for December 5, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Maria Elena Rodriguez Represented By
Michael H Colmenares John P Kreis
Defendant(s):
Larry D Simons Represented By
9:00 AM
Daniel A Lev
Plaintiff(s):
Ford Walker Haggerty & Behar, LLP Represented By
Howard Steinberg
Timothy McDonald Represented By Howard Steinberg
Trustee(s):
Larry D Simons (TR) Represented By
C John M Melissinos Daniel A Lev
9:00 AM
Adv#: 6:19-01048 Chareunsouk v. Barillas
STATUS CONFERENCE Re: Complaint to objection/revocation of discharge (Request for Entry of Default entered 4/12/19)
Docket 1
The Court will continue the status conference to September 19, 2019. COURT TO PREPARE ORDER.
Debtor(s):
Israel Antonio Mendoza Barillas Represented By
Curtis R Aijala
Defendant(s):
Israel Antonio Mendoza Barillas Pro Se
Plaintiff(s):
Sayngeune Chareunsouk Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg. on Motion By United States Trustee To Dismiss Or Convert Chapter 11 Case
(Cont. from 3/12/19)
(Tele. appr. Kathleen March, rep creditors, Ramon Palm Lane, Inc & Yun Shin)
Docket 274
The Court would like the confirmation hearing to forward prior to hearing this matter. If the plan is not confirmed, the Court likely will dismiss or convert the case.
The Court continues the hearing on the dismissal motion to August 20, 2019 at 2:00 p.m.
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'
(Cont.from 3/12/19)
(Tele. appr. Kathleen March, rep creditors, Ramon Palm Lane, Inc & Yun Shin)
Docket 289
The Court would like the confirmation hearing to forward prior to hearing this matter. If the plan is not confirmed, the Court likely will dismiss or convert the case.
The Court continues the hearing on the dismissal motion to August 20, 2019 at 2:00 p.m.
COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
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; 12-12-18
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):
JTR, LLC Pro Se
Financial Institution Consulting Pro Se
9:00 AM
Etaros Actuarial Services LLC Pro Se
C2 Advisors, LLC Pro Se
C & C Marketing LLC Pro Se
Larry P. Chinn Pro Se
Traci M. Christian Pro Se
Richard J. Covelli Pro Se
Eric Spitz Pro Se
Aaron Kushner Pro Se
Plaintiff(s):
Official Committee of Unsecured Represented By
Alan J Kornfeld
9:00 AM
Adv#: 8:18-01069 Marshack et al v. Biden
CONT'D STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Second Amended 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
(First Amended Complaint filed 12/14/18) (Second Amended Complaint filed 4/10/19)
FR: 1-23-19; 2-20-19; 5-8-19
Docket 27
The Court will approve the parties' stipulation filed on 5/30/19 and continue the status conference to July 17, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Arlene C Biden Represented By Phillip Greer
9:00 AM
Plaintiff(s):
Chriss W. Street Represented By Timothy C Aires
Richard A Marshack Represented By Ryan D ODea
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D ODea
2:00 PM
Hrg. on Chapter 7 Trustee's Motion filed 5/20/19 for Order Authorizing Use of Estate Property Under U.S.C. Section 363
Docket 55
The Court will grant the motion and authorize the Trustee to file documents Debtor would be empowered to or obligated to file and serve under the Settlement Agreement, including a written waiver of contest.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Daniel Lawrence Cohen Represented By Robert L Firth
Trustee(s):
John P Pringle (TR) Represented By
D Edward Hays
2:00 PM
Hrg. on Debtor's Motion for Approval of First and Final Professional Fees and Expenses of Rosenstein & Associates
Docket 126
The Court will grant and allow $58,207.50 in attorneys' fees and $3,308.48 in expenses.
APPLICANT 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 for Approval of First and Final Professional Fees and Expenses, of Global Tax & Accounting, Inc.
Docket 127
The Court will grant and allow $5,000 on a final basis.
APPLICANT 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 For Final Decree and Order Closing Case
Docket 128
The Court will grant the motion, enter a final decree and close the case.
REORGANIZED DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sunpro Solar Inc. Represented By
Robert B Rosenstein
2:00 PM
Hrg. on Chapter 7 Trustee's Application for Order Authorizing Sale of Personal Property of the Estate
EH
Docket 30
The Court will grant the motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Henry Ordan Batac Represented By Carey C Pickford
Joint Debtor(s):
Sally Rile Batac Represented By Carey C Pickford
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg. on Chapter 7 Trustee's Motion filed 5/15/19 for Order Compelling Turnover of Property of the Estate
Docket 82
The Court will grant the Chapter 7 Trustee's motion and all relief requested therein.
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 Tinho Mang
2:00 PM
Hrg. on Chapter 7 Trustee's Motion for extension of time to file a complaint objecting to discharge Second Motion by Chapter 7 Trustee to Extend Deadline to File Complaint to Deny Discharge pursuant to Rule 4004(b)(1) of the Federal Rules of Bankruptcy Procedure
Docket 83
The Court will grant the motion and extend the deadline to file a section 727 denial of discharge action to July 15, 2019 at 11:00 p.m.
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 Tinho Mang
9:00 AM
CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]
Dwayne Mason vs. DEBTOR (Motion filed 4/1/19)
[RE: Case Name: Mason v. Pacific Foods & Distribution, Inc., et al.] [Docket Number: 30-2018-01028268-CU-PA-CJC]
[Pending In: Superior Court of California of the County of Orange] [700 Civic Center Drive, Santa Ana, CA 92701]
FR: 5-6-19
Docket 35
No tentative ruling.
Debtor(s):
Pacific Foods & Distribution, Inc. Represented By
Edmond Richard McGuire
Trustee(s):
Jeffrey I Golden (TR) Represented By Thomas H Casey
Motion for relief from stay [Personal Property]
9:00 AM
SCREEN GP Americas, LLC vs. DEBTOR (Motion filed 4/30/19) (OST signed 5/28/19)
[RE: Equipment - True Press Jet 520ZZ Print System]
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):
US Direct LLC Represented By Donald W Sieveke
Movant(s):
SCREEN GP Americas, LLC Represented By Asa W Markel
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And TD Auto Finance LLC
(Motion filed 4/24/19)
[RE: 2013 Hyundai Sonata - $15,396.40] [VIN No.: 5NPEC4ABXDH710830]
Docket 16
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Irene V Archuleta Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And U.S. Bank National Association
(Motion filed 4/22/19)
[RE: 2014 GMC Sierra - Amount: $12,632.49] [VIN No.: 3GTP1UEC0EG513323]
Docket 9
10:00 AM
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Noemi Magana Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And ACAR Leasing LTD d/b/a GM Financial Leasing
(Motion filed 4/16/19)
[RE: 2017 GMC Trucks - Amount: $16,390.40] [VIN No.: 1GKS1FEC2HR285520]
Docket 8
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
10:00 AM
Debtor(s):
Sean M Eddleman Represented By Marlin Branstetter
Trustee(s):
Richard A Marshack (TR) Pro Se
Hearing RE: Reaffirmation Agreement Between Debtor And Capital One Auto Finance, A Division Of Capital One, N.A.
(Motion filed 5/15/19)
[RE: 2012 Hyundai Accent 4 CYL Sedan 4D GLS - Amount: $2,428.28] [VIN No.: KMHCT4AE8CU040857]
Docket 12
The Court will approve the agreement if Debtor is comfortable with a reaffirmation, the vehicle is insured and Debtor can make all the remaining payments.
Debtor(s):
Brett Christopher Nunno Represented By Tina H Trinh
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And American Honda Finance Corporation
(Motion filed 5/17/19)
[RE: 2019 Honda Hr-V - Amount: $26,105.75] [VIN No.: 3CZRU5H36KG706468]
Docket 10
The Court will disapprove the agreement as not in Debtor's best interest. COURT TO PREPARE ORDER.
Debtor(s):
Diane M Bolin Represented By Marlin Branstetter
Trustee(s):
Thomas H Casey (TR) Pro Se
Hearing RE: Motion For Approval Of Reaffirmation Agreement With Bank Of America, N.A
(Motion filed 5/9/19)
[RE: 2004 Chevrolet Suburban #8053 - Amount: $1,318.57]
Docket 9
10:00 AM
The Court will approve if the vehicle is insured, Debtor is comfortable with a reaffirmation and Debtor believes he can make the remaining payments.
Debtor(s):
Aaron Gabriel Eversole Represented By Heather J Canning
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 4-10-19; 5-8-19
Docket 80
- NONE LISTED -
Debtor(s):
Juana Pierda Mondragon Represented By Bryn C Deb
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 2-6-19; 5-8-19
Docket 19
- NONE LISTED -
Debtor(s):
Deena Cousar Brown Represented By Brad Weil
2:00 PM
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 4-10-19
Docket 31
- NONE LISTED -
Debtor(s):
Gabriel Garcia Represented By Jaime A Cuevas Jr.
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 5-8-19
Docket 21
- NONE LISTED -
2:00 PM
Debtor(s):
John Wesley Wilson Represented By Christopher J Langley
Joint Debtor(s):
Monnette Shiree Wilson Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 5-8-19
Docket 2
- NONE LISTED -
Debtor(s):
Edgar Sebastian Vazquez Represented By Christopher J Langley
Joint Debtor(s):
Ligia Vazquez 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: 5-8-19
Docket 20
- NONE LISTED -
Debtor(s):
Alfredo Alvarado Represented By Norma Duenas
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 5-8-19
Docket 18
- NONE LISTED -
2:00 PM
Debtor(s):
Eric Kennedy Represented By Andrew Nguyen
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Robert Steven Glass Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 29
- NONE LISTED -
2:00 PM
Debtor(s):
Elizabeth Martin Represented By Amanda G Billyard
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 23
- NONE LISTED -
Debtor(s):
Debra Bitetto Represented By
Edmond Richard McGuire
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 18
2:00 PM
- NONE LISTED -
Debtor(s):
Christopher Douglass Plows Represented By Rex Tran
Joint Debtor(s):
Robbin Marie Plows Represented By Rex Tran
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 13
- NONE LISTED -
Debtor(s):
Nathan Christopher Harris Represented By
D Justin Harelik
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
Hearing RE: Confirmation Of Chapter 13 Plan
2:00 PM
Docket 0
- NONE LISTED -
Debtor(s):
Dennis Edward Berglund Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Larry Burnett 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):
Tracy Phuong- Dong Do Represented By Sunjay Bhatia
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Bridget Goddard Pro Se
2:00 PM
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Motion For Order Dismissing Chapter 13 Proceeding
[11 U.S.C. Section 1307(c)(6)]
(Motion filed 2/13/19) FR: 4-10-19
Docket 73
- NONE LISTED -
Debtor(s):
Alejandro Chavez Represented By Bryn C Deb
Joint Debtor(s):
Francisca Ledesma Chavez Represented By Bryn C Deb
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding
[11 USC 1307(c)(6)]
(Motion filed 4/10/19)
3:00 PM
Docket 93
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mario Montes Represented By Amanda G Billyard Andy C Warshaw
Joint Debtor(s):
Leticia Montes Represented By Amanda G Billyard Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
Hearing RE: Motion Under Local Bankruptcy Rule 3015-1 (n) And (w) To Modify Plan Or Suspend Plan Payments
(Motion filed 4/26/19)
(Set per Trustee's Comments filed 5/14/19) (Notice of Hearing filed 5/14/19)
Docket 96
3:00 PM
The Court will deny the motion for the reasons argued by the Chapter 13 Trustee. Debtors have failed to meet their burden in showing that the confirmation order is erroneous.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mario Montes Represented By Amanda G Billyard Andy C Warshaw
Joint Debtor(s):
Leticia Montes Represented By Amanda G Billyard Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
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 2/6/19)
(Opposition filed 3/6/19) (Notice of Hearing filed 3/6/19)
FR: 5-8-19
Docket 46
3:00 PM
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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
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 4/5/19)
(Opposition filed 4/22/19)
Docket 52
The Court will grant the motion and dismiss if Debtor is not current by the date of the hearing.
3:00 PM
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
Hearing RE: Motion Under Local Bankruptcy Rule 3015-1 (n) And (w) To Modify Plan Or Suspend Plan Payments
(Motion filed 5/15/19)
(Set per Trustee's Comments 5/16/19)
Docket 31
The Court will deny the motion for the reasons argued by the Chapter 13 Trustee. The Chapter 13 Trustee is correct that movants have failed to meet their burden of proof.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Kirolous A. Awad Represented By Tina H Trinh
3:00 PM
Joint Debtor(s):
Maria Awad Represented By
Tina H Trinh
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
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 5/8/19)
(Response filed 5/9/19)
(Set per Notice of Hearing filed 5/9/19)
Docket 48
The Court will inquire of the Trustee whether the motion is moot in view of the Court's May 29, 2019 order granting a plan modification motion.
Debtor(s):
Stephen Lawrie Represented By Andy C Warshaw
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 4/12/19)
[RE: 426 Emerson Street, Costa Mesa, CA 92627-2112]
FR: 5-6-19
Docket 33
- NONE LISTED -
Debtor(s):
Monica Lin Mathers Represented By Justin D Irish
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Hearing RE: Motion for relief from stay [Real Property]
Deutsche Bank National Trust Company, As Trustee, On Behalf Of The Holders Of The Impac Secured Assets Corp. Mortgage Pass-Through Certificates Series 2007-2, Its Assignees And/Or Successors vs. DEBTOR
(Motion filed 5/17/19)
[RE: 1818 North Linwood Avenue, Santa Ana, CA 92705]
Docket 51
The Court will grant the motion under § 362(d)(1) only.
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
9:00 AM
Motion for relief from stay [Personal Property]
Santander Consumer USA Inc. dba Chrysler Capital As Servicer For CCAP Auto Lease LTD. vs. DEBTORS
(Motion filed 5/1/19) (Amended Motion filed 5/1/19)
[RE: 2016 Jeep Wrangler - VIN 1C4BJWDG9GL206586]
Docket 47
- NONE LISTED -
Debtor(s):
James Walter Seidel Jr. Represented By Andrew S Bisom
Joint Debtor(s):
Molly Marie Seidel Represented By Andrew S Bisom
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
JPMorgan Chase Bank, National Association vs. DEBTORS (Motion filed 5/15/19)
[RE: 6 Riverstone, Laguna Niguel, California 92677]
Docket 69
The Court will permit the Debtors' opposition to be treated as a timely-filed opposition notwithstanding late filing by six minutes. The neglect is excusable.
The Court will deny the motion without prejudice, noting that: (1) Movant's $2 million claim is adequately protected by the subject property's $3.5 million value; (2) Debtors have shown the subject property is necessary to a successful reorganization.
DEBTORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Allan Eli Gindi Represented By Michael R Totaro
Joint Debtor(s):
Carol June Gindi Represented By Michael R Totaro
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) (Motion filed 5/8/19)
[RE: 27495 Hidden Trail Road, Laguna Hills, CA 92653]
Docket 37
- NONE LISTED -
Debtor(s):
Sepideh Sally Cirino Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
Rivers United, Inc., c/o USL Property Management, Inc. vs. DEBTOR (Motion filed 5/3/19)
[RE: 500 Sutter Street, Suite 510, San Francisco CA 94102 ] [Nonresidential Property]
Docket 11
No tentative ruling.
Debtor(s):
Robert Michael Elliott Represented By Renee Nasiri
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
SCREEN GP Americas, LLC vs. DEBTOR (Motion filed 4/30/19)
[RE: Equipment - True Press Jet 520ZZ Print System]
Docket 15
- NONE LISTED -
Debtor(s):
US Direct LLC Represented By Donald W Sieveke
9:00 AM
Motion for relief from stay [Unlawful Detainer]
SRPP II LP vs. DEBTOR
(Motion filed 5/17/19)
[RE: 930 W Balboa Boulevard., Newport Beach, CA 92661]
Docket 13
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Franco De Rosa Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Cab West LLC vs. DEBTOR (Motion filed 5/8/19)
[RE: 2017 Ford Fusion - VIN No.: 3FA6P0HDXHR368118]
Docket 8
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Kelly A. Lomeland Represented By Michael G Spector
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Crossroads Equipment Lease & Finance, LLC vs. DEBTOR (Motion filed 5/14/19)
[RE: 2017 Volvo Tractor Semi Truck - VIN No.: 4V4NC9EH9DN562086]
Docket 9
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Stanley Allan Pope Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
Eric Hart vs. DEBTOR (Motion filed 5/23/19)
[RE: 31261 Brooks St, Laguna Beach, CA 92651 ]
Hearing
RE: [17] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 31261 Brooks Street, Laguna Beach CA 92651 . (Sontag, Richard)
Docket 17
No tentative ruling.
Debtor(s):
Eric Allen Edborg Pro Se
Movant(s):
Eric Hart Represented By
Richard Sontag
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Bank Of The West vs. DEBTOR (Motion filed 5/24/19)
[RE: 2015 Winnebago Adventure Motorhome VIN No.: 3FA6P0HDXHR368118]
Docket 20
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 A. Souza Represented By
James D. Hornbuckle
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Debtor's Objection To Claim:
(Motion filed 4/30/19)
Claim No. 6 Wells Faro Bank, N.A. $15,725.00 d/b/a Wells Fargo Dealer Services
Docket 94
The Court will grant the motion and sustain the objection and disallow Claim No. 6 of Wells Fargo Bank, N.A. in its entirety.
DEBTORS/ DEBTORS IN POSSESSION TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Fred Asafu-Adjaye Represented By Lionel E Giron
Crystle Jane Lindsey
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Lionel E Giron
Crystle Jane Lindsey
2:00 PM
Adv#: 8:18-01084 Modern VideoFilm, Inc. v. Barkat et al
Hearing RE: Motion To Approve Stipulation RE Production Of Documents By Managease, Inc. Pursuant To Local Rule 9013-1(o)
(Motion filed 10/19/18)
(Set per Order Entered 4/2/19)
Docket 78
Federal Rule of Civil Procedure 26 applies in this adversary proceeding. Fed. R. Bankr. P. 7026. Rule 26(b)(1), defining the scope of discovery, provides in relevant part that "[p]arties may obtain discovery regarding any nonprivileged matter . . ." Thus, privileged matter is not ordinarily discoverable.
Federal Rule of Evidence 501 generally provides that "[t]he common law – as interpreted by United States courts in the light of reason and experience – governs a claim of privilege . . ."
Interpreting the common law in the light of reason and experience, the United States District Court for the Central District of California has determined that communications to a mediator and communications between parties during a mediation are privileged under Federal Rule of Evidence 501, as are communications in preparation for and during the course of a mediation. Folb v. Motion Picture Indus. Pension & Health Plans, 16 F. Supp. 2d 1164, 1170-80 (C.D. Cal. 1997 (Paez, J.); cf. Citizens Dev. Corp. v. Cty. Of San Diego, 2019 U.S. Dist. LEXIS 5713 (S.D. Cal., Jan. 11, 2019).
Here, debtor and debtor in possession Modern VideoFilm, Inc. seeks discovery of materials relating to a mediation before a neutral (namely, a JAMS mediator) between
2:00 PM
Mr. Barkat, the parent of Modern VideoFilm, Inc. (brought derivatively on behalf of Modern Videofilm, Inc.) and Managease, Inc. Modern VideoFilm, Inc. proposes to use these materials in prosecution of a claim against Mr. Barkat that he wrongfully appropriated settlement proceeds paid by Managease, Inc. that allegedly should have been paid to Modern VideoFilm, Inc.
Modern VideoFilm, Inc. seeks to distinguish Folb on the ground that in Folb the party seeking discovery was not a party to the mediation whereas here Modern VideoFilm, Inc. was a party to the mediation. This is a distinction without a difference. Parties to a mediation, especially a failed mediation, typically have a powerful interest in ensuring that statements made by them during the course of a mediation not be used against them when the matter goes to trial. Additionally (and perhaps even more to the point), they would have a powerful interest in ensuring that statements made by them to the mediator – and not known by the opposing party – not be discovered by the opposing party. In short, everything else being equal, parties to a mediation generally would seem to have just as much and probably more interest in asserting mediation privilege against another party to the mediation than against a third party who did not participate in the mediation.
The material Modern VideoFilm, Inc. seeks is privileged under Folb. The motion for a protective order is granted.
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
Christopher D Beatty
2:00 PM
Modern VideoFilm Holdings, LLC Represented By
Juliet Y Oh David L. Neale
Christopher D Beatty
Sidan Engineering, L.P. Represented By David L. Neale
Christopher D Beatty
Sivan Barkat Sherman Represented By David L. Neale
Christopher D Beatty
Danielle Barkat Turner Represented By David L. Neale
Christopher D Beatty
Deborah Barkat Represented By David L. Neale
Christopher D Beatty
Plaintiff(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Richard H Golubow
2:00 PM
Hearing RE: Debtors And Debtors In Possessions' Motion For Order Extending Exclusivity Period For Debtors To File Plan Of Reorganization And Obtain Accetances Thereof, And To Extend Time To File Chapter 11 Plan Of Reorganization
(Motion filed 5/1/19)
Docket 62
The Court will continue the hearing to June 24, 2019 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
Allan Eli Gindi Represented By Michael R Totaro
Joint Debtor(s):
Carol June Gindi Represented By Michael R Totaro
2:00 PM
Hearing RE: Motion For Order Approving Sale Of Property Of The Estate (Moton filed 5/3/19)
Docket 44
The Court will grant the motion.
DEBTOR/ DEBTOR IN POSSESSION TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
2:00 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. Rule 2017
(Motion filed 5/15/19)
Docket 14
The Court will grant the motion. Debtor's counsel's attendance at the § 341(a) meeting is not optional or elective. LBR 2090-1(a)(3)(B). Debtor has no authority to waive compliance with the LBR. The Court will order disgorgement of $300.00.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Vanessa Doreen Barillas Represented By Julie A Duncan
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
Hrg on Post-Confirmation Status Conference (Advanced from 6/19/19 calendar)
Docket 0
The Court found the Liquidating Trustee's Status Report extremely helpful in terms of enabling the Court to understand the current status of the case.
Next status conference: December 12, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
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 Notice of Second Motion and Second Motion for Entry of an Order Approving Re-Allocation of Unclaimed Distributions to Net Distributable Proceeds; Memorandum of Points and Authorities; Declaration of Peter S. Kravitz in Support Thereof
Docket 4834
The Court will grant the motion.
LIQUIDATING TRUSTEE 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 Debtor's Motion to vacate dismissal
Docket 11
No tentative ruling.
Debtor(s):
John Vincent Garcia Pro Se
Joint Debtor(s):
Terra Nicole Garcia Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
Hrg on Post-Confirmation Status Conference
Docket 0
- NONE LISTED -
Debtor(s):
Fleetwood Enterprises, Inc. Represented By Craig Millet Solmaz Kraus Anne A Uyeda William C Bollard
James P Menton JR Richard K Hines
9:00 AM
Adv#: 8:18-01121 Getson et al v. Devine
CONT'D PRE-TRIAL 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) (PTC set at S/C held 3/13/19)
FR: 9-19-18; 3-13-19
Docket 1
- NONE LISTED -
Debtor(s):
Michael William Devine Represented By Christopher J Langley
Defendant(s):
Michael William Devine Pro Se
Plaintiff(s):
Todd Lansinger Represented By Mitchell B Hannah
Lisa Getson Represented By
Mitchell B Hannah
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 1/18/19)
FR: 3-20-19
Docket 0
The Court will inquire into (1) compliance with U.S. Trustee guidelines and requirements and (2) Debtor's plans with respect to landing new construction contracts.
Next status conference: November 13, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Hill Concrete Structures Represented By Michael Jones
9:00 AM
Adv#: 8:19-01056 Fazli v. NATIONSTAR MORTGAGE, LLC et al
STATUS CONFERENCE Hearing RE: Complaint:
To Determine The Extent And Validity Or Lien On Real Property; And
For Declaratory Relief (Complaint filed 3/29/19)
Docket 1
- NONE LISTED -
Debtor(s):
Naveed K Fazli Pro Se
Defendant(s):
Amrane Cohen Pro Se
TEAM OAK Pro Se
CAPITAL VENTURES Pro Se
RANCHO ENTERPRISE Pro Se
SUNSET VENTURES Pro Se
RIDGE GROUP Pro Se
NEXUS POINTE Pro Se
WORK FORCE PARTNERS Pro Se
BEST CO INVESTMENTS Pro Se
AMERIPRISE SERVICES Pro Se
9:00 AM
INOVEST POINTE Pro Se
THE MAXWELL GROUP Pro Se
FIRST LINE DEVELOPMENT Pro Se
REDLINE FUNDING Pro Se
CRESCENT HOLDINGS Pro Se
T.L. BEACH LTD Pro Se
Jason Andrews Pro Se
HSBC Bank USA, National Pro Se NATIONSTAR MORTGAGE, LLC Pro Se PRIME VENTURES Pro Se
Plaintiff(s):
Naveed Fazli Represented By
Jonathan A Michaels
Trustee(s):
Amrane (SA) Cohen (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 4/15/19)
Docket 1
The Court will inquire into Debtor's compliance with U.S. Trustee guidelines and requirements. The earliest date on which the Court will set deadlines for filing a plan and diclosure statement and for confirming a plan will be set at the next status conference.
Next status conference: November 13, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
SoCal REO Acquisitions Group LLC Represented By
Nima S Vokshori
9:00 AM
Adv#: 8:18-01155 Naylor v. Sun et al
CONT'D STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's First Amended Complaint Against Bianca Sun And Yan Yu Sun For:
Imposition Of Resulting Trust;
Imposition Of Constructive Trust;
Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(A) Of An Interest In Real Property;
Avoidance Of Constructive Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(B) Of An Interest In Real Property;
Avoidance Of Preferential Transfer Under 11 U.S.C. Section 547;
Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 544 And 28 U.S.C. Section 3304 Of An Interest In Real Property;
Recovery Of Transfers from Bianca Of An Interest In Real Property Per 11
U.S.C. Section 550;
Recovery Of Transfer from Yan Of An Interest In Real Property Per 11
U.S.C. Section 550;
Judgment Quieting Title;
Declaratory Relief;
Turnover Of Rental Value Pursuant To 11 U.S.C. Section 542;
Turnover Of Interest In Real Property Which Is Property Of The Estate Pursuant To 11 U.S.C. Section 542;
Avoidance Of Post-Petition Transfer Pursuant To 11 U.S.C. Section 549(a) Against Bianca Regarding 2014 Land Rover;
Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Sections 548, 550 And CCCP Section 3439 Et Seq Against Bianca Regarding 2014 Land Rover;
Avoidance Of Constructive Fraudulent Transfer Under 11 U.S.C. Sections 544, 548 And CCCP Section 3439 Et Seq Against Bianca Regarding 2014 Land Rover; And,
Recovery Of Transfer Of An Interest In A 2014 Land Rover Per 11 U.S.C.
Section 550 (Complaint filed 8/3/18)
(Amended Complaint filed 3/25/19)
(Summons Issued On Amended Complaint On 3/25/19) FR: 10-24-18; 3-27-19
9:00 AM
Docket 1
- NONE LISTED -
Debtor(s):
Chester C Davenport Represented By Jing Wang
Defendant(s):
Yan Yu Sun Pro Se
Bianca 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#: 8:18-01084 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; 8-29-18
Docket 1
- NONE LISTED -
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
Defendant(s):
Deborah Barkat Pro Se
Danielle Barkat Turner Pro Se
Sivan Barkat Sherman Pro Se
Sidan Engineering, L.P. Pro Se
9:00 AM
Modern VideoFilm Holdings, LLC Pro Se Moshe Barkat Pro Se
Plaintiff(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
Adv#: 8:19-01053 LBS Financial CU, a California corporation v. Liege
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt
[11 U.S.C.A. Section 523]
(Complaint filed 3/25/19)
Docket 1
- NONE LISTED -
Debtor(s):
Edward Dennis Liege Pro Se
Defendant(s):
Edward Dennis Liege Pro Se
Joint Debtor(s):
Nadezhda Marie Liege Pro Se
Plaintiff(s):
LBS Financial CU, a California Represented By Karel G Rocha
Trustee(s):
Karen S Naylor (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 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; 11-14-18; 4-17-19
Docket 1
The Court will inquire into the Debtor's compliance with U.S. Trustee guidelines and requirements.
Next status conference: November 27, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
2:00 PM
Hearing RE: Confirmation Of Second Anded Plan Of Liquidation Of The Debtor Under Chapter 11 Of The Bankruptcy Code
(Second Amended Plan filed 3/26/19)
(Confirmation hearing set at D.S. hearing held 3/27/19) FR: 1-23-19; 2-27-19; 3-27-19
Docket 646
The Court will confirm Debtor's Second Amended Plan of Liquidation.
DEBTOR TO LODGE (1) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND (2) A CONFIRMATION ORDER WITHIN 10 DAYS.
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
2:00 PM
Hearing RE: Adequacy Of Disclosure Statement Describing Debtors' Chapter 11 Plan Of Reorganization Dated April 30, 2019
(D.S. filed 4/30/19)
Docket 97
The Court has numerous comments on the disclosure statement and will likely require another iteration of it before the Court can approve it. Additionally, the Court agrees with nearly all of the U.S. Trustee's comments and objections.
The date of the next status conference is to be determined. COURT TO PREPARE ORDER.
Debtor(s):
Fred Asafu-Adjaye Represented By Lionel E Giron
Crystle Jane Lindsey
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Lionel E Giron
Crystle Jane Lindsey
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 1/3/18)
FR: 3-7-18, 7-11-18; 10-24-18;11-14-18; 12-12-18; 5-8-19
Docket 1
The Court will inquire into the Debtors' compliance with U.S. Trustee guidelines and requirements.
The date of the next status conference is to be determined. 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 3/21/19)
Docket 1
The Court will approve the proposed Joint Pretrial Stipulation and set trial for October 28-30 July 1-2, 2019 in Santa Ana. Plaintiff and Defendants shall have have 1.5 days to present their case.
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
Joint Debtor(s):
Gail Marie Katona Represented By Douglas A Plazak
9:00 AM
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#: 6:17-01221 United States Trustee for the Central District of v. Katona et al
Hrg. on U.S. Trustee's Motion filed 3/1/19 for an Order Imposing Evidentiary Sanctions & Excluding Trial Testimony of Certain Witnesses pursuant to Federal Rule of Bankruptcy Procedure 7037 and Federal Rule of Civil Procedure 37
(Cont. from 3/21/19)
Docket 23
- 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#: 6:16-01299 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 2/28/19)
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
PRE-TRIAL 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 4/11/19)
Docket 0
The Court will inquire into the status of this case in view of the confirmation of the plan.
The date of the next status conference is to be determined. COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Terry Lee Fleming Jr Represented By Michael B Reynolds James E Till
9:00 AM
Patricia Wilson-Fleming Represented By Randall S Waier
Havasu Landing LLC Represented By Michael B Reynolds James E Till
Terry Lee Fleming Sr Represented By James E Till
Michael B Reynolds
Plaintiff(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
9:00 AM
Adv#: 6:18-01229 Grobstein v. Humphries
STATUS CONFERENCE re: Complaint by Howard B. Grobstein against Suzanne Humphries. (Charge To Estate). ($350.00) - Complaint for: (1) Avoidance of Fraudulent Transfer; (2) Recovery of Avoided Transfers; (3) for Declaratory Relief; and (4) Turnover of Property - Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))
(Cont. from 2/21/19)
Docket 1
- NONE LISTED -
Debtor(s):
Shelly Lynn Tholander-Turner Represented By Robert L Firth
Defendant(s):
Suzanne Humphries Represented By George A Bilal
Plaintiff(s):
Howard B. Grobstein Represented By Anthony A Friedman
Trustee(s):
Howard B Grobstein (TR) Represented By Anthony A Friedman
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 4/11/19)
Docket 0
- NONE LISTED -
Debtor(s):
Littlefield Physical Therapy, Inc. Represented By
Evan L Smith
9:00 AM
Adv#: 6:18-01221 Hardt, Jr v. Hamzey, Jr. et al
STATUS CONFERENCE re complaint for recovery of money/property pursuant to 11 U.S.C. Section 548 and Nondischargeability of debt 1 U.S.C. Section 523(A)(4)
(Cont. from 4/18/19)
Docket 1
The Court will continue the status conference to August 8, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Defendant(s):
Robert Mansour Hamzey Jr. Pro Se
Marie Ann Hamzey Pro Se
Joint Debtor(s):
Marie Ann Hamzey Represented By Daniel C Sever
9:00 AM
Plaintiff(s):
William Joseph Hardt Jr Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and SchoolsFirst Federal Credit Union, in the amount of $8131.66
Re: 2014 Nissan Altima
Docket 10
The Court will disapprove the agreement as not in Debtor's best interest. COURT TO PREPARE ORDER.
Debtor(s):
Jacqueline Elizabeth Villegas Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 5/3/19 Between Debtor and Santander Consumer USA Inc., in the amount of $14,404.79
Docket 12
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Deland George Lupson Jr. Represented By Daniel King
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $4,474.30
Re: 2015 Toyota Prius
Docket 13
The Court will disapprove the agreement as imposing an undue hardship given that Debtor's monthly income is less than the monthly payment on the subject indebtedness.
COURT TO PREPARE ORDER.
Debtor(s):
Lyle Paul Copeland Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 5/21/19 Between Debtor and Alaska USA Federal Credit Union, in the amount of $24,296.44
Re: 2017 Chrysler Pacifica
Docket 7
The Court will disapprove the agreement as not in Debtors' best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Mario A Castro Pro Se
Joint Debtor(s):
Maria De Los Angeles Castro Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of 35,091.86
Re: 2018 Toyota Tacoma
Docket 11
The Court will disapprove the agreement as not in Debtors' best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Felipe Padilla Represented By Daniel King
Joint Debtor(s):
Patricia Galvan De Padilla Represented By Daniel King
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg on Approval of Reaffirmation Agreement filed 5/23/19 Between Debtor and TD Auto Finance LLC, in the amount of $14,944.94
Re: 2017 Mitsubishi Outlander
Docket 9
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Linda Martin Represented By
Michael E Clark
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement with Water and Power Community Credit Union, in the amount of $481.24
Docket 8
The Court will disapprove the agreement as not in Debtor's best interest. COURT TO PREPARE ORDER.
Debtor(s):
DeVon Dejuan Dunham Represented By
Shawn Anthony Doan
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Water and Power Community Credit Union, in the amount of $9095.80
Docket 10
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
DeVon Dejuan Dunham Represented By
Shawn Anthony Doan
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg. on Chapter 11 Status Conference (Cont. from 3/12/19)
Docket 1
The Court will inquire into compliance with U.S. Trustee guidelines and requirements.
The date of the next status conference is to be determined. COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Hrg. on Confirmation on Chapter 11 Plan
Docket 1
The Court first addresses Creditor Angie Shin's evidentiary objection to Debtor's ballot filed for DSF. The Court agrees with Ms. Shin's analysis. Ms. Shin owns the right to compel Debtor to pay money to DSF in partial satisfaction of the Superior Court judgment. Therefore, only Ms. Shin could cast a ballot with sespect to this claim of DSF. The Court strikes the ballot that Debtor cast for DSF.
MS. SHIN TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
The Court will rule on the remaining evidentiary objections to filed declarations and permit cross-examination of declarants, starting with Mr. Turner. Each person who executed a declaration in support of or in opposition to plan confirmation must be present. Given then number of declarants, it is likely the confirmation hearing will carry over to the subsequent day.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
10:00 AM
Hearing RE: Emergency Motion Of Debtor And Debtor In Possession For An Order: (1) Directing All Insurance Companies And Other Parties Owing Funds To Debtor To Remit Payments To Debtor; (2) Authorizing Use Of Cash Collateral On An Interim Basis; (3) Granting Replacement Liens; (4) Scheduling A Final Hearing On Permanent Use Of Cash Collateral; and (5) After Hearing,
Authorizing Permanent use Of Cash Collateral (Motion filed 6/20/19)
Docket 2
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro
10:00 AM
Hearing RE: Emergency Motion For Order Authorizing Debtor To Pay Pre- Petition: (1) Wages, Salaries, And Other Compensation; (2) Employee Medical, Workers' Compensation, And Similar Benefits; (3) Employee Deductions; (4) Authorizing And Directing Applicable Banks And Other Financial Institutions To Receive, Process, Honor, And Pay Checks Presented For Payment And to Honor Funds Transfer Requets Relating To The Foregoing; And (5) Authorizing The Debtor Retain Its Existing Payroll Funding Account For Thirty Days (Motion filed 6/20/19)
Docket 3
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro
10:00 AM
Hearing RE: Motion Emergency Motion of Debtor And Debtor In Possession For Entry Of An Order Authorizing Certain Procedures To Maintain The Confidentiality Of Patient Information As Required By Applicable Privacy Rules
Docket 7
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro
10:00 AM
Hearing RE: Emergency Motion of Debtor and Debtor in Possession for Entry of Interim and Final Orders (A) Prohibiting Utility Provers from ALtering, Refusing or Discontinuing Service (B) Approving the Debtors Proposed Adequate Assurance of Payment for Postpetition Services and (C) Establishing Procedures for Resolving Requests for Additional Adequate Assurance of Payment
(Motion filed 6/20/19
Docket 9
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro
10:00 AM
Hearing RE: Motion Emergency Motion of Debtor and Debtor in Possession for an Order Limiting Scope of Notice
(Motion filed 6/20/19)
Docket 8
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro
Movant(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro
9:00 AM
CONT'D Motion for relief from stay [Unlawful Detainer]
SRPP II LP vs. DEBTOR
(Motion filed 5/17/19)
[RE: 930 W Balboa Boulevard., Newport Beach, CA 92661]
FR: 6/17/19
Docket 13
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Franco De Rosa Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Debtors And Debtors In Possessions' Motion For Order Extending Exclusivity Period For Debtors To File Plan Of Reorganization And Obtain Accetances Thereof, And To Extend Time To File Chapter 11 Plan Of Reorganization
(Motion filed 5/1/19) FR: 6/17/19
Docket 62
The Court will continue the hearing to June 24, 2019 at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
Allan Eli Gindi Represented By Michael R Totaro
Joint Debtor(s):
Carol June Gindi Represented By Michael R Totaro
2:00 PM
CONT'D Hearing RE: Whether The Court Should Enter An Order For Relief In This Involuntary Case Under Federal Rules Of Bankruptcy Procedure 1013, And If Such An Order Is Entered, The Amount Of The Cash Bond The Court Should Require Future Logistics, Inc. To Post Pursuant To 11 U.S.C. Section 303(e) (Set per Order Entered 5/1/19)
FR: 5-20-19
Docket 17
- NONE LISTED -
Debtor(s):
US Direct LLC Represented By Donald W Sieveke
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) (Motion filed 5/20/19)
Docket 71
The Court will approve the stipulation to continue the hearing to July 8, 2019 at 2:00 p.m.
Debtor(s):
Allan Eli Gindi Represented By Michael R Totaro
Joint Debtor(s):
Carol June Gindi Represented By Michael R Totaro
2:00 PM
CONT'D 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) FR: 11-14-18; 1-30-19
Docket 226
NONE LISTED -
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
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 12/27/16)
FR: 3-8-17; 8-2-17; 11-29-17; 3-28-18; 8-8-18; 12-12-18; 1-30-19
Docket 1
NONE LISTED -
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
2:00 PM
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; 11-14-18; 1-30-19
Docket 78
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
2:00 PM
Hearing RE: Motion By United States Trustee To Dismiss Or Convert Reorganized Debtor's Case Under 11 U.S.C. Section 1112(b) For Failure To Pay Post-Confirmation Quarterly Fees
(Motion filed 5/23/19)
Docket 259
NONE LISTED -
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
2:00 PM
Hearing RE: Chapter 7 Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 5/23/19)
[RE: RICHARD A. MARSHACK, Chapter 7 Trustee] [Fees: $2,168.12; Expenses: $255.56]
[RE: LAKE FOREST BANKRUPTCY, Attorney For Trustee] [Fees: 4,680.00]
[HAHN FIFE AND COMPANY LLP - Other Professional] [Fees: $1,000.00]
[CHARGES: U.S. Bankruptcy Court: $350.00]
Docket 55
The Court will grant and allow:
Trustee's fees: $2,168.12 Trustee's expenses: $255.56 Attorney's fees: $4,680.00 Hahn, Fife fees: $1,000.00
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Patty Sundara Pro Se
2:00 PM
Trustee(s):
Richard A Marshack (TR) Represented By Anerio V Altman
9:00 AM
L/O Offices of Austin P. Nagel - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 5/22/19)
RE: 2018 Toyota Corolla
Docket 24
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Bertha Ponce Represented By
Glenn Ward Calsada
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Americredit Financial Services, Inc. vs. DEBTORS (Motion filed 5/29/19)
Re: 2012 NISSAN VERSA VIN 3N1CN7APXCL871789
(Tele. appr. Sheryl Ith, rep. creditor GMF)
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):
Esteban Eradio Pena Rosales Represented By
James Geoffrey Beirne
Joint Debtor(s):
Marta Maria Pena Represented By
James Geoffrey Beirne
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Halavais & Associates, APC - movant attorney Motion for Relief from Stay
Westgate Funding vs. DEBTOR (Motion filed 6/4/19)
Re: 35408 Cabrini Dr., Yucaipa, CA
(Tele. appr. Coby Halavais, rep. movant, Westgate Funding)
Docket 12
No tentative ruling.
Debtor(s):
Matthew Richard Molony Pro Se
Trustee(s):
Larry D Simons (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 5/28/19)
Re: 2016 Lexus CT200H
Docket 9
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Diana Fuentes Represented By Gregory E Nassar
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Scheer Law Group, LLP - movant attorney Motion for Relief from Stay
California Coast Credit Union vs. DEBTOR (Motion filed 6/4/19)
RE: 2013 Chevrolet Silverado
Docket 6
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Edgar Alejandro Godinez Pro Se
Movant(s):
California Coast Credit Union, its Represented By
Timothy J Silverman
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 5/31/19 for Order to Admit Certain Evidence Necessary for Administration of the Estate
Docket 137
What is before the Court is the Trustee's motion to admit certain evidence relating to the Lafferty litigation. Not before the Court is issue of whether all or any portion of the attorney's fees relating to the Lafferty litigation is property of the bankruptcy estate. Debtor argues that no portion of the Lafferty litigation fees are estate property but has not made a sufficient showing of this in his opposition. If some portion of the fees are bankruptcy estate property -- possibly because the proper approach is to allocate based on which services were performed pre-petition and which services were performed post-petition -- then it would appear proper to the Court to admit into evidence the documents referenced by the Trustee in her motion.
The motion is granted, but rights are reserved to the Debtor to continue to argue that no portion of the fees are bankruptcy estate property.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Timothy David Murphy Represented By Timothy D Murphy Patricia A Mireles
Trustee(s):
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
2:00 PM
Hrg. on Chapter 11 Status Conference (Cont. from 3/14/19)
Docket 0
NONE LISTED -
Debtor(s):
Sunpro Solar Inc. Represented By
Robert B Rosenstein
2:00 PM
Hrg. on U.S. Trustee's Motion filed 6/3/19 for fine and/or disgorgement of fees against bankruptcy petition Preparers Absalom Abe Gomez And Gomez Legal Services
Docket 38
Mr. "Abe" Gomez is ordered to personally appear at this hearing. He may be represented by counsel if he chooses, but whether or not he is represented by counsel he must appear to answer the U.S. Trustee's allegations.
The Court's tentative is to grant the U.S. Trustee's motion, enjoin Mr. Gomez and impose an additional $500 fine to be paid to the U.S. Trustee on or before July 25, 2019.
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 Chapter 7 Trustee's Motion for Order Extending the Deadline to Assume or Reject Executory Contracts or, in the Alternative, to Assume Existing Unexpired Lease of Real Property
(Tele. appr. Tinho Mang, rep. trustee, Robert Whitmore)
Docket 92
The Court finds good cause to grant a further extension of the time to assume or reject. The Court grants the motion and extends the time to assume or reject to September 30, 2019.
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 Tinho Mang
9:00 AM
Hrg. on 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 Rules of Bankruptcy Procedure 9020
(Cont. from 5/8/19)
Docket 0
The Court will order that the show-cause order be discharged only after Mr. McCandless ha paid the U.S. Trustee $500 to reimburse it for the costs of ensuring Mr. McCandless's compliance with Court orders over a two-year period.
UNITED STATES TRUSTEE TO LODGE ORDER 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
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; 12-12-18; 1-23-19; 3-13-19
Docket 0
The Court will inquire (1) whether the conveyance of the undeveloped land investment property to Mr. Neskovic has been finalized, and (2) about the extent of other obligations under the Plan to 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
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; 11-19-18; 3-20-19
Docket 1
The Court will continue the status conference to August 14, 2019 at 9:00 a.m. to permit settlement negotiations to move forward.
COURT TO PREPARE ORDER.
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
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;
10-17-18; 1-30-19
Docket 8
The Court will inquire into (1) compliance with U.S. Trustee guidelines and requirements and (2) Debtor's timing with respect to a disclosure statement hearing.
Next status conference: May 22, 2019 at 9:00 a.m. Status report due May 8, 2019. 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 (Petition filed 2/1/19)
FR: 4-10-19; 5-20-19; 5-29-19
Docket 0
The Court will inquire into compliance with U.S. Trustee guidelines and requirements.
Next status conference: TBD. COURT TO PREPARE ORDER.
Debtor(s):
Sepideh Sally Cirino Pro Se
9:00 AM
Adv#: 8:19-01072 Aiken v. Rojo
Hearing RE: Motion To Dismiss Adversary Complaint (Motion filed 5/30/19)
Docket 6
Defendant is correct that the Ninth Circuit has adopted a narrow definition of "fiduciary" for purposes of § 523(a)(4). An express or technical trust is required. Plaintiff has failed to plead the existence of an express or technical trust, and it hard to see the alleged facts that any such trust existed. The § 523(a)(4) claim is dismissed with prejudice and without leave to amend.
The § 727 cause of action is inadequately pleaded, but perhaps this can be cured through amendment. If a false oath is believed to underpin this cause of action, the complaint must specifically allege what the fasle oath was, when it was given and to what it pertained. The Court will grant the motion with leave to amend as to the § 727 casue of action.
DEFENDANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Lucy Ann Carmelita Rojo Represented By Jeffrey B Smith
Defendant(s):
Lucy Ann Carmelita Rojo Represented By Jeffrey B Smith
9:00 AM
Plaintiff(s):
Jami Aiken Represented By
Greg W Garrotto
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Adv#: 6:19-01066 Pringle v. Amezcua et al
STATUS CONFERENCE re: Complaint by John P. Pringle against Enriquez Q Amezcua, Maria Del Carmen Garcia Amezcua, The North River Insurance Company, United States Fire Insurance Company. (Charge To Estate). ($350.00) (Attachments: # 1 Part 2 # 2 Part 3) Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(31 (Approval of sale of property of estate and of a co-owner - 363(h))) (
Docket 1
This adversary proceeding status conference is mot in view of the Court's determination of Plaintiff's motion for entry of default judgment.
Debtor(s):
Enriquez Q Amezcua Pro Se
Defendant(s):
United States Fire Insurance Pro Se The North River Insurance Company Pro Se Maria Del Carmen Garcia Amezcua Pro Se Enriquez Q Amezcua Pro Se
Plaintiff(s):
John P. Pringle Represented By
Michelle A Marchisotto
Trustee(s):
John P Pringle (TR) Represented By
9:00 AM
Michelle A Marchisotto
9:00 AM
Adv#: 6:19-01066 Pringle v. Amezcua et al
Hrg on Plaintiff's Motion for Default Judgment Against Defendants
Docket 19
The Court grants the Trustee's request for judicial notice.
The Court will grant the motion for entry of default judgment in its entirety.
PLAINTIFF TO LODGE VIA LOU, WITH TEN DAYS, (1) ORDER GRANTING MOTION AND (2) FORM OF JUDGMENT.
Debtor(s):
Enriquez Q Amezcua Pro Se
Defendant(s):
United States Fire Insurance Pro Se The North River Insurance Company Pro Se Maria Del Carmen Garcia Amezcua Pro Se Enriquez Q Amezcua Pro Se
Plaintiff(s):
John P. Pringle Represented By
Michelle A Marchisotto
Trustee(s):
John P Pringle (TR) Represented By
9:00 AM
Michelle A Marchisotto
9:00 AM
Adv#: 6:18-01071 Murphy v. Murphy et al
PRE-TRIAL CONFERENCE re: Complaint to deny discharge under 11 U.S.C. Section 727(a)(4)(A)
(Cont. from 4/25/19)
Docket 31
The Court will give the parties another opportunity to agree to a proposed joint pretrial order.
The pretrial conference order lodged by Mr. Webb fails to attach any exhibits. The pretrial conference is continued to September 12, 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
9:00 AM
Adv#: 6:18-01221 Hardt, Jr v. Hamzey, Jr. et al
Hrg. on Defendants' Motion filed 6/3/19 to Dismiss Adversary Proceeding for Failure to State a Claim Upon Which Relief Can be Granted
Docket 52
The Court previously dismissed the initial complaint and First Amended Complaint, each time with leave to amend. Once again, and in express violation of this Court's order dismissing the § 548 cause of action without leave to amend, plaintiff has again asserted a § 548 cause of action. Once again the Court dismisses it without leave to amend. Plaintiff, a creditor, lacks standing to bring a § 548 cause of action.
Regarding the § 523(a)(2)(A) cause of action, plaintiff fails to allege any specific omission or misrepresentation that plaintiff relied upon and that defendant knew was false. This cause of action, too, is dismissed without leave to amend.
To summarize: the entire Second Amended Complaint is dismissed with prejudice and without leave to amend.
DEFENDANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Defendant(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Marie Ann Hamzey Represented By
9:00 AM
Daniel C Sever
Joint Debtor(s):
Marie Ann Hamzey Represented By Daniel C Sever
Plaintiff(s):
William Joseph Hardt Jr Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Adv#: 6:19-01048 Chareunsouk v. Barillas
Hrg. on Plaintiff's Motion filed 5/23/19 for Default Judgment under LBR 7055-1
Docket 8
The Court will grant the motion for entry of default judgment. The Court determines that (1) Debtor-Defendant Barillas is indebted to Plaintiff in the amount of
$14,057.75, and (2) such debt is excepted from discharge pursuant to 11 U.S.C. § 523(a)(2)(A).
COURT TO PREPARE ORDER AND FORM OF JUDGMENT.
Debtor(s):
Israel Antonio Mendoza Barillas Represented By
Curtis R Aijala
Defendant(s):
Israel Antonio Mendoza Barillas Pro Se
Plaintiff(s):
Sayngeune Chareunsouk Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Adv#: 6:19-01062 Yang et al v. Sui
STATUS CONFERENCE re: Complaint by Pao Sheng Yang, GRG Manufacturing against Yongming Sui. false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))
Docket 1
The Court will issue a scheduling order:
All discovery closes November 30, 2019.
All discovery motions shall be heard before December 31, 2019.
All pretrial motions shall be heard before January 31, 2020.
Pretrial conference is set for February 20, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Yongming Sui Represented By Javier H Castillo
Defendant(s):
Yongming Sui Pro Se
Plaintiff(s):
GRG Manufacturing Represented By Brendan Loper
Pao Sheng Yang Represented By Brendan Loper
9:00 AM
11:00 AM
Hearing RE: Emergency Motion For Order Enforcing Automatic Stay And Sanctioning Creditors For Willful Violations Of The Automatic Stay (Motion filed 6/27/19)
(Tele. appr. Todd Wuertz, repr. Debtor, South Coast Behaviorial Health) (Tele appr. Shanna Kaminski, repr. Creditor West Coast Capital LLC)
Docket 36
No tentative ruling.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Movant(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 11
NONE LISTED -
Debtor(s):
Roger G. Woods Represented By Sam Benevento
Joint Debtor(s):
Mary S. Woods Represented By Sam Benevento
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 27
NONE LISTED -
Debtor(s):
Lorraine Jeanette Ortiz 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):
Hugh Robinson Represented By Nicholas M Wajda
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 34
NONE LISTED -
Debtor(s):
Ernesto Rafael Montalvo Represented By Claudia C Osuna
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 Anthony Wilson 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):
Laura Jean Holloway Represented By Anthony B Vigil
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 Michael Weisman Represented By Andrew Moher
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 15
NONE LISTED -
Debtor(s):
Sara Joy Fasoli Represented By Gregory M Shanfeld
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 9
NONE LISTED -
Debtor(s):
Starr Yolanda Berglund Represented By Joshua L Sternberg
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 12
NONE LISTED -
Debtor(s):
Michael A. Souza Represented By
James D. Hornbuckle
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
Touch Heng Represented By
Peter Recchia
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 Lopez 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 5/8/19)
(Opposition filed 5/21/19)
Docket 30
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Teresa Ruiz Represented By
Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Verified Motion For Order Modifying The Chapter 13 Plan (Motion filed 5/23/19)
Docket 42
The Court will grant the motion.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Virginia Ann Von Schaefer Represented By Omero Banuelos
Movant(s):
Amrane (SA) Cohen (TR) 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 2/6/19)
(Opposition filed 3/6/19) (Notice of Hearing filed 3/6/19)
FR: 5-8-19; 6-12-19
Docket 46
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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
3:00 PM
Hearing RE: Objection To Proof Of Claim: (Motion filed 5/20/19)
Claim No. 2 U.S. Bank, N.A. $24,534.89
Docket 25
A validly executed and filed proof of claim constitutes prima facie evidence of the amount and validity of the claim. Fed. R. Bankr. P. 3001(f). On request of a party in interest and after notice and a hearing, the bankruptcy court may determine the amount of a secured claim under 11 U.S.C. § 506(a). Fed. R. Bankr. P. 3012(a)(1). Such request may be made by motion or an objection to claim. Fed. R. Bankr. P.
3012(b).
Here, debtors qualify as interested parties, and their request that the Court determine the secured amount of USBank’s claim under 11 U.S.C. § 506(a) is properly made under the authorities cited above. Thus, this matter is properly before the Court.
USBank is correct that the burden is initially on the objecting party to come forward with evidence to overcome the prima facie evidence of the claim’s validity. The rule is that such evidence must be equal or greater in probative force to the evidence in the claim. If the objecting party comes forward with such evidence, the burden then shifts to the party holding the claim to prove up its claim by a preponderance of the evidence.
Debtors do not object to the amount of USBank’s claim, only to the extent it is alleged to be secured. A claim can be secured only to the extent there is property securing it. USBank’s proof of claim attaches the security agreement but provides no information
3:00 PM
precisely describing the property securing the loan except in a generic fashion (e.g., "equipment," as opposed to "a Whirlpool washing machine, model "). Debtors’ objection, on the other hand, does identify the property securing USBank’s claim, namely a small bank account with a $50 balance and some hand tools having de minimis value.
The Court holds that Debtors have met their burden of coming forward with evidence equal or greater in probative force to the probative force of the proof of claim.
The burden of proving up its claim by a preponderance of the evidence therefore is upon US Bank.
USBank has failed to meet this burden. USBank contends that the property listed on Schedule B secures its claim but fails to make a showing that such property (except for the various bank accounts) falls within the definition set forth in section 2.1 of the Note and Security Agreement attached to USBank’s proof of claim.
The Court sustains Debtors’ objection in part and overrules it in part. USBank’s claim is secured to the extent of $500 in Debtors’ bank accounts and is unsecured as to the balance.
DEBTORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Roger G. Woods Represented By Sam Benevento
Joint Debtor(s):
Mary S. Woods Represented By Sam Benevento
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding
[11 USC 1307(c)(6)]
(Motion filed 4/10/19) FR: 6-12-19
Docket 93
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mario Montes Represented By Amanda G Billyard Andy C Warshaw
Joint Debtor(s):
Leticia Montes Represented By Amanda G Billyard Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Stipulation For Adequate Protection Order Between Debtor And Santa Ana Federal Credit Union And Loan Modification
(Motion filed 6/5/19)
(Set per Notice of Hearing filed 6/6/19)
Docket 30
The Court will sustain the Chapter 13 Trustee's objection. Santa Ana FCU has failed to make a sufficient showing that the elaborate reaffirmation agreement provisions of 11 U.S.C. § 524(c) can be circumvented through a waiver of discharge set forth in a stipulation.
The Court's ruling is without prejudice to Santa Ana FCU.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Alfredo Alvarado Represented By Norma Duenas
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hrg. on Judgment Lien Creditor Havasu Lakeshore Investments, LLC Emergency Motion filed 7/8/19 To Stay Plan Confirmation Pending Appeal
(Tele. appr. Martin Eliopulos, rep. Havasu)
Docket 352
No tentative ruling.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Motion for relief from stay [Real Property]
US Bank Trust National Association, As Trustee Of The Igloo Series III Trust vs. DEBTOR
(Motion filed 6/13/19)
[RE: 166 N. Singlewood Street, Unit No. 3, Orange, CA 92869]
Docket 57
The Court will grant the motion under § 362(d)(1) only.. Post-petition, post- confirmation breaches constitute "cause" to lift the stay. Adequate protection is not the issue.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Cimberly Gonzales Represented By Amanda G Billyard
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Tokyo Century (USA) Inc. vs. DEBTOR (Motion filed 6/11/19)
[RE: 2018 Isuzu FTR 28' Dry Van Body With Liftgate] [VIN No.: 54DK6S164JSG004l7]
[Tele. appr., Raffi Khatchadourian, repr., Tokyo Century, USA]
Docket 89
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Pacific Foods & Distribution, Inc. Represented By
Edmond Richard McGuire
Trustee(s):
Jeffrey I Golden (TR) Represented By Thomas H Casey
9:00 AM
Motion for relief from stay [Real Property]
Crestline Homeowner's Association vs. DEBTOR (Motion filed 5/30/19)
[RE: 24322 Val Verde Court, Laguna Hills, CA 92653]
Docket 33
No tentative ruling.
Debtor(s):
Barbara Jo O'Brien Represented By Daniel King
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Nissan Motor Acceptance Corporation vs. DEBTOR; And The Real Barbers Inc.,
Non-Filing Co-Debtor (Motion filed 6/4/19)
[RE: 2017 Nissan Titan - VIN No.: N6AA1E68HN505719]
[Tele. appr., Mary E. Tang, repr., Bank Of The West]
Docket 26
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 A. Souza Represented By
James D. Hornbuckle
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Personal Property]
Bank Of The West vs. DEBTOR (Motion filed 5/24/19)
[RE: 2015 Winnebago Adventure Motorhome]
[VIN No.: 3FA6P0HDXHR368118]
FR; 6/17/19
[Tele. appr., Mary E. Tang, repr., Bank Of The West]
Docket 20
The Court will grant the motion under § 362(d)(1) for cause, based upon Debtor's failure to timely make required payments. The Court further determines that the prohibition against selling or leasing the RV is an unlawful restraint on alienation that is unenforceable under Cal. Civil Code § 711.
The co-debtor stay is terminated.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael A. Souza Represented By
James D. Hornbuckle
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 6/18/19)
[RE: 11791 Kathy Ln, Garden Grove, CA 92840 ]
[Tele. appr., Andrew A. Moher, repr., Manuel Figueroa]
Docket 10
The Court will grant the motion and continue the stay as to all creditors.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Manuel Figueroa Represented By Andrew Moher
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Trustee's Final Report And Application For Compensation And Reimbursement Of Expenses
(Final Report filed 6/6/19)
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $3,585.00; Expenses: $45.50]
[RE: WEILAND GOLDEN GOODRICH LLP - Attorneys For Chapter 7 Trustee]
[Fees: $17,990.00; Expenses: $165.00]
[RE: HAHN FIFE & COMPANY, LLP - Tax Preparer]
[Fees: $1,000.00; Expenses: $0.00]
[Tele. appr., Reem J. Bello, repr., Jeffrey I. Golden]
Docket 0
The Court will grant and allow on a final basis:
Trustee's fees: $3,585.00 Trustee's expenses: $45.50 Attorney's fees: $17,990 Attorney's expenses: $636.52 Accountant's fees: $1,000.00
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael Spnoza Represented By
2:00 PM
Trustee(s):
Marlin Branstetter Leon Ozeran
Jeffrey I Golden (TR) Represented By Reem J Bello
2:00 PM
Hearing RE: Trustee's Final Report And Application For Compensation And Reimbursement Of Expenses
(Final Report filed 6/6/19)
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $539.13; Expenses: $320.35]
[RE: WEILAND GOLDEN GOODRICH, Attorneys For Chapter 7 Trustee] [Fees: $0.00; Expenses: $0.00]
[RE: HAHN FIFE & COMPANY, LLP - Tax Preparer]
[Fees: $1,000.00; Expenses: $0.00]
[Tele. appr., Jeffrey I. Golden, repr., Jeffrey I. Golden]
Docket 218
The Court will grant and allow:
Trustee's fees: $539.13 Trustee's expenses: $320.35 Accountant's fees: $1,000.00
The Court will also approve the lower proposed payments.
Maurice Car'rie and Skate Ranch's rights regarding the settlement agreement are reserved, and their comments are noted for the record.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
2:00 PM
Debtor(s):
Three by Three, Inc. Represented By Christopher P Walker
Trustee(s):
Jeffrey I Golden (TR) Represented By Beth Gaschen
Christopher J Green
2:00 PM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 5/31/19)
[RE: KAREN SUE NAYLOR - Chapter 7 Trustee] [Fees: $971.19; Expenses: $424.59]
Docket 84
The Court will grant and allow:
Trustee's fees: $971.19 Trustee's expenses: $424.59
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jonathan Friestedt Represented By Julie J Villalobos
Joint Debtor(s):
Darlene Friestedt Represented By Julie J Villalobos
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 5/31/19)
[RE: KAREN SUE NAYLOR - Chapter 7 Trustee] [Fees: $2,350.79; Expenses: $342.80]
[RE: HAHN, FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $1,000.00; Expenses: $0.00]
Docket 39
The Court will grant and allow:
Trustee's fees: $2,350.79 Trustee's expenses: $342.00
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Carson Laboratories, Inc. , a Nevada Represented By
Charles W Daff
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
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
The Court will continue the status conference to October 16, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
QDOS, Inc Pro Se
2:00 PM
Motion for relief from stay [Personal Property]
Santander Consumer USA Inc. vs. DEBTOR (Motion filed 6/6/19)
[RE: 2006 Pontiac G6 - VIN No.: 1G2ZF55B564239711]
[Tele. appr., Sheryl K. Ith, repr., Santander Consumer USA]
Docket 29
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ciara Butler Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
Hearing RE: Debtor's Motion To Limit Notice Of Certain Matters Requiring Notice To Creditors Pursuant To Rules 2002 And 9007 Of The Federal Rules Of Bankruptcy Procedure
(Motion filed 6/14/19)
Docket 13
The Court will grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Enalasys Corporation Represented By Michael Jones
2:00 PM
Cont'd Hearing RE: Motion Emergency Motion of Debtor And Debtor In Possession For Entry Of An Order Authorizing Certain Procedures To Maintain The Confidentiality Of Patient Information As Required By Applicable Privacy Rules
FR: 6-21-19
Docket 7
The Court will require patients' addresses as well as their names to be redacted. Redacted certificates of service shall refer to patients only by number, e.g., "Patients 1-75" or "Patient 1, Patient 7, Patient 19." Unredacted documents shall be filed under seal.
The motion is granted with those modifications.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro
2:00 PM
Hearing RE: Motion For Order Rejecting Prepetition Leases On Shortened Notice
(Motion filed 7/1/19) (OST Entered 7/2/19)
Docket 65
The Court will grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
2:00 PM
Hearing RE: Emergency Motion to Stop Sale of Home (Motion filed 7/5/19)
Docket 91
No tentative ruling.
Debtor(s):
Nicole Clarisa Sadler Represented By Bert Briones
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey
9:00 AM
Adv#: 8:17-01204 Official Committee Of Unsecured Creditors v. Press-One Customer Care,
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) (Set at S/C held 3/27/19)
FR: 4-4-18; 12-12-18; 3-27-19
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):
Press-One Customer Care, Inc. Represented By Scott A Schiff
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 11 Petition filed on 5/16/18)
FR: 7-25-18; 11-14-18; 2-27-19
Docket 0
NONE LISTED -
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
Adv#: 8:19-01094 DeLuca et al v. Tenner
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt:
11 USC Section 523(a)(2)(A) - False Pretenses, False Representation, Actual Fraud;
11 USC Section 523(a)(4) - Embezzlement, Larceny
11 USC Section 523(a)(6) - Willful And Malicious Injury To Property (Complaint filed 5/23/19)
Docket 1
- NONE LISTED -
Debtor(s):
Marc Solomon Tenner Represented By Marc Weitz
Defendant(s):
Marc Solomon Tenner Pro Se
Plaintiff(s):
John DeLuca Represented By
Timothy F Umbreit
Lenore DeLuca Represented By Timothy F Umbreit
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Motion for relief from the automatic stay [REAL PROPERTY]
Deutsche Bank National Trust Company FKA Bankers Trust Company Of California, N.A., As Trustee For The Holders Of AAmes Mortgage Trust, 2002-2 vs. DEBTOR
(Motion filed 6/18/19)
[RE: 3018 South Manitoba Drive, Santa Ana, CA 92704] [Tele. appr., Robert P. Goe, repr., CV Investment Partners]
[Tele. appr., Nathan F. Smith, repr., Deutsche Bank National Trust]
Docket 88
The Court will continue the hearing to September 16, 2019 at 9:00 a.m. for an evidentiary hearing on whether any payments have been missed. Movant's brief is due on or before July 29, 2019. Debtor's brief is due on or before August 23, 2019.
CV INVESTMENT PARTNERS TO LODGE ORDER.
Debtor(s):
Felix Martinez Represented By Joseph A Weber Fritz J Firman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [PERSONAL PROPERTY]
Nissan Motor Acceptance Corporation vs. DEBTOR (Motion filed 6/19/19)
[RE: 2016 Nissan Altima VIN #1N4AL3AP1GC134488]
Docket 16
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Alexis A. Marroquin Analco Pro Se
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 6/3/19)
(OST Denied 6/7/19)
[RE: 682 W. Ord Way Anaheim, CA 92802]
Docket 25
This motion to continue the automatic stay is denied with prejudice as untimely. Because Debtor's previous chapter 13 case, Case No. 8:19-bk-10570-MW, was dismissed on March 8, 2019, and this bankruptcy case was filed April 18, 2019, the Court lacks the authority to continue the automatic stay. 11 U.S.C. § 362(c)(3).
COURT TO PREPARE ORDER.
Debtor(s):
Ernesto Rafael Montalvo Represented By Claudia C Osuna
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Evidentiary Hearing RE: Motion for relief from stay [Unlawful Detainer]
Eric Hart vs. DEBTOR (Motion filed 5/23/19)
[RE: 31261 Brooks Street, Laguna Beach, CA 92651 ]
FR: 6/17/19
Docket 17
No tentative ruling.
Debtor(s):
Eric Allen Edborg Pro Se
Movant(s):
Eric Hart Represented By
Richard Sontag
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property] (Motion filed 6/18/19)
Toyota Motor Credit Corporation vs. DEBTOR
[RE: 2017 TOYOTA CAMRY ]
Docket 10
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Leticia Martinez Cuevas Represented By Christopher P Walker
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
Motion for relief from the automatic stay [PERSONAL PROPERTY]
LBS Financial Credit Union vs. DEBTOR (Motion filed 6/24/19)
[RE: 2014 Chevrolet Suburban]
Docket 13
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Manuel Figueroa Represented By Andrew Moher
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Personal Property]
Bank Of The West vs. DEBTOR (Motion filed 5/24/19)
[RE: 2015 Winnebago Adventure Motorhome]
[VIN No.: 3FA6P0HDXHR368118]
FR: 6/17/19; 7-8-19
[Tele. appr., Mary E. Tang, repr., Bank of the West]
Docket 20
The Court will grant the motion under § 362(d)(1) for cause, based upon Debtor's failure to timely make required payments. The Court further determines that the prohibition against selling or leasing the RV is an unlawful restraint on alienation that is unenforceable under Cal. Civil Code § 711.
The co-debtor stay is terminated.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael A. Souza Represented By
James D. Hornbuckle
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 filed 6/19/19)
[RE: WENETA M.A. KOSMALA - Chapter 7 Trustee] [Fees: $7,750.00; Expenses: $270.31]
[RE: LAW OFFICES OF WENETA M.A. KOSMALA, Atty. For Chapter 7
Trustee]
[Fees: $24,615.00; Expenses: $209.08]
[RE: HAHN FIFE & COMPANY, Accountant for Trustee] [FEES: $1000.00]
Docket 120
The Court will grant and allow:
Trustee's fees: $7,750.00 Trustee's expenses: $270.31 Attorney's fees: $24,615.00 Attorney's expenses: $209.08 Accountant's fees: $1,000.00
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Derek Lee Collins Represented By
2:00 PM
Trustee(s):
Frank X Ruggier
Weneta M Kosmala (TR) Represented By Erin P Moriarty
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) (Motion filed 5/20/19)
FR: 6-24-19
Docket 71
The Court will deny the U.S. Trustee's motion without prejudice for the reasons stated in Debtors' supplemental opposition.
DEBTORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Allan Eli Gindi Represented By Michael R Totaro
Joint Debtor(s):
Carol June Gindi Represented By Michael R Totaro
2:00 PM
CONT'D Hearing RE: Debtors And Debtors In Possessions' Motion For Order Extending Exclusivity Period For Debtors To File Plan Of Reorganization And Obtain Accetances Thereof, And To Extend Time To File Chapter 11 Plan Of Reorganization
(Motion filed 5/1/19) FR: 6-17-19; 6-24-19
Docket 62
No tentative ruling.
Debtor(s):
Allan Eli Gindi Represented By Michael R Totaro
Joint Debtor(s):
Carol June Gindi Represented By Michael R Totaro
2:00 PM
Hearing RE :Application For Payment Of: Final Fees And/Or Expenses (11 U.S.C. Section 331) Period: 1/18/2019 to 6/12/2019
(Application Filed 6/22/19)
[RE: MICHAEL R. TOTARO - Debtor's Attorney] [Fees: $50,930.00, Expenses: $0].
Docket 113
The Court will continue the hearing to August 5, 2019 at 2:00 p.m.
Debtors' supplemental brief is optional but, if filed, shall be filed on or before July 22, 2019. Totaro & Shanahan's optional reply is due July 29, 2019. The August 5, 2019 hearing, if requested by any party, shall be an evidentiary hearing. The request must be made on or before July 29, 2019.
COURT TO PREPARE ORDER.
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum Candice Bryner
9:00 AM
Scheer Law Group, LLP - movant attorney Motion for Relief from Stay
Logix Federal Credit Union vs. DEBTORS (Motion filed 6/11/19)
RE: 2008 Honda Pilot- V5
Docket 19
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jason Alan Viera Represented By Paul Y Lee
Joint Debtor(s):
Kristi Ann Viera Represented By Paul Y Lee
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Halavais & Associates, APC - movant attorney Motion for Relief from Stay
Westgate Funding vs. DEBTOR (Motion filed 6/4/19)
Re: 35408 Cabrini Dr., Yucaipa, CA (Cont. from 6/25/19)
Docket 12
The Court will grant the motion under § 362(d)(1) and terminate the co-debtor stay. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Matthew Richard Molony Pro Se
Trustee(s):
Larry D Simons (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 6/3/19)
Re: 2016 Lexus IS350
Docket 11
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Diana Fuentes Represented By Gregory E Nassar
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Prenovost, Normandin, Bergh & Dawe - movant attorney Motion for Relief from Stay
Yamaha Motor Finance Corp. vs. DEBTOR (Motion filed 6/18/19)
Re: 2017 Yamaha YZFR6HCB
Docket 7
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Kevin Russell Arlich Represented By Todd L Turoci
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
ACAR Leasing LTD vs. DEBTOR, Arturo Cisneros, trustee (Motion filed 6/6/19)
Re: 2018 GMC CANYON VIN 1GTP6EE18J1307889
Docket 12
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Troy Dale Blood Represented By Marend M Garrett
Joint Debtor(s):
Frances Nicole Blood Represented By Marend M Garrett
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 (Motion filed 6/12/19)
RE: 2014 DODGE JOURNEY VIN 3C4PDCABXET213889
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):
Ulises V Angel Represented By Paul Y Lee
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Barry Lee O'Connor - movant attorney Motion for relief from stay
Michael Wayne Bettis vs DEBTOR (Motion filed 6/24/19)
RE: 12675 Tigers Eye Way Moreno Valley CA 92555
Docket 12
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Whitney Apryle Santiful Represented By Nicholas M Wajda
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, Larry D. Simons, trustee (Motion filed 6/12/19)
Re: 2012 KIA SORENTO VIN 5XYKT4A16CG269424
Docket 7
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Nadine Jordan Represented By Charles W Daff
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Luke Daniels - movant attorney Motion for Relief from Stay Jack Tsai vs. DEBTOR
(Motion filed 6/24/19)
Re: 7375 Stonebrook PL., Rancho Cucamonga, CA 91730
Docket 9
No tentative ruling.
Debtor(s):
Cesar Ramirez Vega Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 5/28/19 to Allow Claim 6 of Ally Bank as Late Filed Allowable Against a Surplus Only
Docket 55
The will grant the motion, sustain the objections and allow Claim Nos. 6, 7 and 8 of Ally Bank and Synchrony Bank as tardily-filed claims only pursuant to 11 U.S.C. § 726(a)(3).
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 Chapter 7 trustee's Motion filed 5/28/19 to Allow Claim 7 of Synchrony Bank as Late Filed Allowable Against a Surplus Only
Docket 57
The will grant the motion, sustain the objections and allow Claim Nos. 6, 7 and 8 of Ally Bank and Synchrony Bank as tardily-filed claims only pursuant to 11 U.S.C. § 726(a)(3).
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 Chapter 7 Trustee's Motion filed 5/28/19 to Allow Claim 8 of Synchrony Bank as Late Filed Allowable Against a Surplus Only
Docket 59
The will grant the motion, sustain the objections and allow Claim Nos. 6, 7 and 8 of Ally Bank and Synchrony Bank as tardily-filed claims only pursuant to 11 U.S.C. § 726(a)(3).
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 attorney's Motion filed 6/6/19 for Attorney's Fees Against Environmental & Chemical Consulting, Inc., Period: to, Fee: $9,401.25, Expenses: $0.00.
Docket 194
The Court will approve the parties' stipulation to resolve the attorney fees motion. 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 Debtor's Motion to Vacate Dismissal
Docket 16
The Court will grant the motion and vacate the dismissal. COURT TO PREPARE ORDER.
Debtor(s):
John Vincent Garcia Pro Se
Joint Debtor(s):
Terra Nicole Garcia Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
STATUS CONFERENCE re: 7 Involuntary Petition Against a Non-Individual
Docket 1
The Court will inquire of Debtor if Debtor opposes the entry of an order for relief.
Debtor(s):
Caribou Energy Corporation 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; 5-2-18; 5-9-18; 11-14-18;
5-6-19 at 2:00 p.m.; 5-6-19
Docket 1
In light of the trustee's July 2, 2019 report, the Court will continue all Farrell matters, other than the pretrial conference in Adversary Proceeding No. 8:16-ap-01123-MW, to November 25, 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
9:00 AM
Richard E. Farrell Pro Se
Irma Farrell Pro Se
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
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; 11-14-18;
5-6-19 at 2:00 p.m.; 5-6-19
Docket 593
In light of the trustee's July 2, 2019 report, the Court will continue all Farrell matters, other than the pretrial conference in Adversary Proceeding No. 8:16-ap-01123-MW, to November 25, 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 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; 11-14-18;
11-14-18; 5-6-19 at 2:00 p.m.; 5-6-19
Docket 611
In light of the trustee's July 2, 2019 report, the Court will continue all Farrell matters, other than the pretrial conference in Adversary Proceeding No. 8:16-ap-01123-MW, to November 25, 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
9:00 AM
Trustee(s):
Brian R Nelson Robert P Goe
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
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; 11-14-18;
11-14-18; 5-6-19 at 2:00 p.m.; 5-6-19
Docket 651
In light of the trustee's July 2, 2019 report, the Court will continue all Farrell matters, other than the pretrial conference in Adversary Proceeding No. 8:16-ap-01123-MW, to November 25, 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 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; 11-14-18; 11-14-18; 5-6-19 at 2:00 p.m.; 5-6-19
Docket 487
In light of the trustee's July 2, 2019 report, the Court will continue all Farrell matters, other than the pretrial conference in Adversary Proceeding No. 8:16-ap-01123-MW, to November 25, 2019 at 2:00 p.m.
COURT TO PREPARE ORDER.R..
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 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;
11-14-18; 5-6-19
Docket 510
In light of the trustee's July 2, 2019 report, the Court will continue all Farrell matters, other than the pretrial conference in Adversary Proceeding No. 8:16-ap-01123-MW, to November 25, 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
9:00 AM
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; 11-14-18; 5-9-19 at
2:00 p.m.; 5-6-19
Docket 1
In light of the trustee's July 2, 2019 report, the Court will continue all Farrell matters, other than the pretrial conference in Adversary Proceeding No. 8:16-ap-01123-MW, to November 25, 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
9:00 AM
Trustee(s):
Brian R Nelson
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 PRE-TRIAL CONFERENCE Hearing RE: First Amended Complaint For (1) 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) (PTC set at S/C held 11/14/18)
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; 11-14-18; 4-22-19; 5-29-19
Docket 19
The pretrial conference will proceed.
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
9:00 AM
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
CONT'D STATUS CONFERENCE 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) (S/C set at hearing held 4/17/19)
FR: 10-22-18; 1-28-19; 4-17-19
Docket 282
The Court will inquire of counsel what their views are with respect to how the main bankruptcy case should now proceed in view of Judge Selna's affirmance of Judge Albert's decision denying the Baek Parties' recusal motion.
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#: 8:15-01454 Baek v. Halvorson et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Declaratory Judgment, Nondischargeability Of Debt
(Complaint filed 11/25/15)
(S/C set per Order Entered 2-1-19)
FR: 3-2-16; 6-22-16; 9-28-16; 10-19-16; 11-16-16; 1-28-19; 4-17-19
Docket 1
The Court will inquire of counsel what their views are with respect to how this adversary proceeding should now proceed in view of Judge Selna's affirmance of Judge Albert's decision denying the Baek Parties' recusal motion.
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
Christopher N Coyle
9:00 AM
Trustee(s):
Misty A Perry Isaacson Corey B Tolliver
Ali Matin
Steven J. Katzman Kyle Kveton
Weneta M Kosmala (TR) Represented By Reem J Bello
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)
(PTC set at S/C held 3-7-18)
(S/C set per Order Entered 1-11-19) (S/C reset per Order Entered 2-1-19)
FR: 10-4-17; 11-8-17; 1-17-18; 3-7-18; 11-28-18; 1-28-19; 4-17-19
9:00 AM
Docket 1
- NONE LISTED -
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 Faye C Rasch
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; 12-12-18; 4-17-19
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#: 8:17-01204 Official Committee Of Unsecured Creditors v. Press-One Customer Care,
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) (Set at S/C held 3/27/19)
FR: 4-4-18; 12-12-18; 3-27-19; 7-10-19
Docket 1
The Court will continue the status conference to December 11, 2019 at 9:00 a.m. in view of the timing of required settlement payments.
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#: 8:16-01147 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; 12-12-18
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#: 8:18-01004 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; 12-12-18
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#: 8:18-01002 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; 12-12-18; 1-23-19
Docket 1
The Court will continue the status conference to November 13, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
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
9:00 AM
Brandon Durham Pro Se
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)
FR: 3-8-18; 5-30-18; 7-25-18; 12-12-18; 1-23-19
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#: 8:18-01069 Marshack et al v. Biden
Hearing RE: Defendant Arlene C. Biden's Motion To Dismiss Second Amended Complaint (FRCP 12(b)(6); Request For Sanctions
(Motion filed 5/10/19)
Docket 61
The second amended complaint's allegations pass muster under the Iqbal and Twombly decisions. For reasons cited by the trustee, the relevant 10-year statute of limitations is determined with reference to the 2016 tax year, and that statute is still open. Theoretically, the IRS could challenge and seek to avoid a transfer made in 2002, 1902 or 1802 because California's statute of limitations on fraudulent transfers does not run against the United States.
The Court sets a status conference in this case for November 6, 2019 at 9:00 a.m. CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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 O'Dea
Chriss W. Street Represented By
9:00 AM
Trustee(s):
Timothy C Aires
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D O'Dea
9:00 AM
Adv#: 8:18-01069 Marshack et al v. Biden
CONT'D STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Second Amended 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
(First Amended Complaint filed 12/14/18) (Second Amended Complaint filed 4/10/19)
FR: 1-23-19; 2-20-19; 5-8-19; 6-10-19
Docket 27
The Court will continue the status conference to November 9, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Arlene C Biden Represented By Phillip Greer
9:00 AM
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#: 8:18-01155 Naylor v. Sun et al
CONT'D STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's First Amended Complaint Against Bianca Sun And Yan Yu Sun For:
Imposition Of Resulting Trust;
Imposition Of Constructive Trust;
Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(A) Of An Interest In Real Property;
Avoidance Of Constructive Fraudulent Transfer Under 11 U.S.C. Section 548(a)(1)(B) Of An Interest In Real Property;
Avoidance Of Preferential Transfer Under 11 U.S.C. Section 547;
Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Section 544 And 28 U.S.C. Section 3304 Of An Interest In Real Property;
Recovery Of Transfers from Bianca Of An Interest In Real Property Per 11
U.S.C. Section 550;
Recovery Of Transfer from Yan Of An Interest In Real Property Per 11
U.S.C. Section 550;
Judgment Quieting Title;
Declaratory Relief;
Turnover Of Rental Value Pursuant To 11 U.S.C. Section 542;
Turnover Of Interest In Real Property Which Is Property Of The Estate Pursuant To 11 U.S.C. Section 542;
Avoidance Of Post-Petition Transfer Pursuant To 11 U.S.C. Section 549(a) Against Bianca Regarding 2014 Land Rover;
Avoidance Of Actual Intent Fraudulent Transfer Under 11 U.S.C. Sections 548, 550 And CCCP Section 3439 Et Seq Against Bianca Regarding 2014 Land Rover;
Avoidance Of Constructive Fraudulent Transfer Under 11 U.S.C. Sections 544, 548 And CCCP Section 3439 Et Seq Against Bianca Regarding 2014 Land Rover; And,
Recovery Of Transfer Of An Interest In A 2014 Land Rover Per 11 U.S.C.
Section 550 (Complaint filed 8/3/18)
(Amended Complaint filed 3/25/19)
(Summons Issued On Amended Complaint On 3/25/19) FR: 10-24-18; 3-27-19; 6-19-19
9:00 AM
Docket 1
The Court will enter a scheduling order:
All discovery closes on December 31, 2019.
All discovery motions shall be heard before February 15, 2020.
All pretrial motions shall be heard before March 15, 2020.
Pretrial conference is set for April 15, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Chester C Davenport Represented By Jing Wang
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
9:00 AM
Adv#: 8:18-01208 Eastwest Partners Investment, LLC v. Davenport
Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 (Motion filed 6/27/19)
Docket 30
No tentative ruling.
Debtor(s):
Chester Davenport Pro Se
Defendant(s):
Chester Davenport Pro Se
Movant(s):
Eastwest Partners Investment, LLC Represented By
Stella A Havkin
Plaintiff(s):
Eastwest Partners Investment, LLC Represented By
Stella A Havkin
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; 11-14-18; 2-27-19; 7-10-19
Docket 0
- NONE LISTED -
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
Adv#: 8:19-01072 Aiken v. Rojo
STATUS CONFERENCE Hearing RE: Complaint - Dischargeability Of A Debt [FRBP Rule 7001(6)]
(Complaint filed 4/18/19)
Docket 1
- NONE LISTED -
Debtor(s):
Lucy Ann Carmelita Rojo Represented By Jeffrey B Smith
Defendant(s):
Lucy Ann Carmelita Rojo Pro Se
Plaintiff(s):
Jami Aiken Represented By
Greg W Garrotto
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor and TD Auto Finance LLC
(Motion filed 5/23/19)
[RE: 2017 Ram Promaster - Amount: $32, 342.12]
Docket 12
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Noemi Magana Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Twenty-One-
Eighty-Five, LLC (Motion filed 5/21/19)
[RE: 2014 Honda Civic - Amount: $7,349.19]
Docket 9
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Jim Reyes Jr. Represented By
Amanda G Billyard
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Hearing RE: Reaffirmation Agreement Between Debtor And Eagle Community Credit Union
(Motion filed 5/24/19)
[RE: 2007 Lexu RX350 - Amount: $2,212.19] [VIN No.: 2T2GK31U57C016590]
Docket 12
The Court will inquire whether the car is insured and in good condition.
Debtor(s):
Mario Marsetti Represented By
James D. Hornbuckle
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor and Mercedes-
Benz Financial Services USA LLC (Motion filed 6/20/19)
[RE: 2014 Mercedes-Benz ML350W2 - Amount: $31,403.12]
Docket 15
The Court will disapprove the agreement as not in Debtor's best interest. COURT TO PREPARE ORDER.
Debtor(s):
Marc Solomon Tenner Represented By Marc Weitz
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
Hearing RE: Approval Of Debtor's Disclosure Statement Accompanying Debtor's First Amended Chapter 11 Plan
(D.S. filed 6/5/19)
Docket 168
The Court will inquire how much cash is currently in the estate. If there is currently less cash in the estate than is necessary to pay all administrative claims in full on the effective date together with a reasonable estimate of the costs of prosecuting the avoidance actions, the Court would likely find that the proposed plan is not feasible unless the Debtor can identify an additional source of capital. The Court will not approve a disclosure statement proposing an infeasible plan.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
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 11 Petition filed on 5/16/18)
FR: 7-25-18; 11-14-18; 2-27-19; 7-10-19; 7-17-19 at 9:00 a.m.
Docket 0
The Court will inquire into compliance with U.S. Trustee guidelines and requirements.
Next status conference: November 13, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
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 5/16/19)
Docket 0
NONE LISTED -
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
9:00 AM
Trustee(s):
Todd A Frealy
Todd A. Frealy (TR) Represented By Eve H Karasik Jeffrey S Kwong Juliet Y Oh Carmela Pagay
9:00 AM
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
(Cont. from 5/16/19)
Docket 548
NONE LISTED -
The Court will continue the hearing to September 19, 2019 at 9:00 a.m. in view of the pending motion to approve settlement.
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
9:00 AM
Adv#: 6:19-01075 Anderson v. Woodard et al
STATUS CONFERENCE re: Complaint by Karl T. Anderson against Douglas Craig Woodard, Blithe Partners, LLC, Douglas C. Woodard, Jr., Janet M. Woodard, Paige Educational Trust, Trey Educational Trust. (Charge To Estate). ($350.00) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment))
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Douglas Craig Woodard Pro Se
Defendant(s):
Douglas Craig Woodard Pro Se
Blithe Partners, LLC Pro Se
Douglas C. Woodard, Jr. Pro Se
Janet M. Woodard Pro Se
Paige Educational Trust Pro Se
Trey Educational Trust Pro Se
9:00 AM
Plaintiff(s):
Karl T. Anderson Represented By Melissa Davis Lowe
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Adv#: 6:19-01075 Anderson v. Woodard et al
Hrg. on Defendants' Motion filed 6/21/19 to Dismiss complaint for: (1) Failurre to state a claim upon which relief can be granted; (2) Lack of Standing; and (3) Lack of subject matter jurisdiction
Docket 4
NONE LISTED -
NONE LISTED -
Debtor(s):
Douglas Craig Woodard Pro Se
Defendant(s):
Douglas Craig Woodard Represented By Michael G Spector
Blithe Partners, LLC Represented By Michael G Spector
Douglas C. Woodard, Jr. Represented By Michael G Spector
Janet M. Woodard Represented By Michael G Spector
Paige Educational Trust Represented By Michael G Spector
Trey Educational Trust Represented By
9:00 AM
Michael G Spector
Plaintiff(s):
Karl T. Anderson Represented By Melissa Davis Lowe
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Adv#: 6:18-01236 Fleming, Sr v. Havasu Lakeshore Investments
Hrg on Judgment Lien Creditor Havasu Lakeshore Investments LLC's Motion filed 6/21/19 to Dismiss Plaintiff's Amended Complaint Rule (12(b)(6)
(Tele. appr. Martin Elipkulos, rep. Defendants, Havasu Lakeshore Investments)
Docket 31
NONE LISTED -
The Court will grant Debtor's request for judicial notice.
Debtor alleges that HLI intentionally omitted to disclose to the prosecuting authority certain material facts that, when finally disclosed, prompted the prosecuting authority to bring felony perjury charges against Debtor. Debtor also contends that such alleged facts came to light after the First Amended Complaint was filed.
The Court will deny HLI's motion to dismiss without prejudice to permit Debtor to file a second amended complaint alleging such facts as well as other matters addressed in the oppostion to the motion but not the first amended complaint (for example, injury to creditors in the form of interest accruals). The Second Amended Complaint shall be filed on or before August 17, 2019.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Defendant(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
Gregory M. Garrison
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Adv#: 6:19-01068 Pringle v. Meras et al
STATUS CONFERENCE re: complaint for Denial of Discharge
Docket 1
NONE LISTED -
The Court will issue a scheduling order:
All discovery closes January 31, 2020.
All discovery motions shall be heard before February 29, 2020.
All pretrial motions shall be heard before March 31, 2020.
Pretrial conference is set for April 23, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Armando C Meras Represented By Yoon O Ham
Defendant(s):
Armando C. Meras Pro Se
Veronica Y. Meras Pro Se
9:00 AM
Joint Debtor(s):
Veronica Y Meras Represented By Yoon O Ham
Plaintiff(s):
John P. Pringle Represented By Toan B Chung
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
10:00 AM
Hrg on Approval of Reaffirmation Agreement filed 6/24/19 Between Debtor and JPMorgan Chase Bank, NA, in the amount of $10,462.55
Re: 2015 Chrysler 200
Docket 13
NONE LISTED -
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Mario A Castro Pro Se
Joint Debtor(s):
Maria De Los Angeles Castro Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 6/21/19 Between Debtor and Santander Consumer USA Inc. in the amount of $12,151.10
Re: 2015 Nissan Sentra
Docket 7
NONE LISTED -
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Nereyda Benitez Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 7/3/.19 Between Debtor and San Diego County Credit Union, in the amount of $18,892.94
Re: 2014 Ford Mustang
Docket 22
NONE LISTED -
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Benjamin S Kelchner Represented By Daniel King
Joint Debtor(s):
Candice Kelchner Represented By Daniel King
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 6/25/19 Between Debtor and San Diego County Credit Union, in the amount of $9,825.13
Re: 2010 Ford F-150
Docket 16
NONE LISTED -
The Court will disapprove the agreement as not in Debtor's best interest. COURT TO PREPARE ORDER.
Debtor(s):
Benjamin S Kelchner Represented By Daniel King
Joint Debtor(s):
Candice Kelchner Represented By Daniel King
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement filed 6/25/19 Between Debtor and San Diego County Credit Union, in the amount of $23,031.06
Re: 2017 Ford Fusion
Docket 17
NONE LISTED -
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Benjamin S Kelchner Represented By Daniel King
Joint Debtor(s):
Candice Kelchner Represented By Daniel King
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 11
NONE LISTED -
Debtor(s):
Roger G. Woods Represented By Sam Benevento
Joint Debtor(s):
Mary S. Woods Represented By Sam Benevento
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
NONE LISTED -
Debtor(s):
Lorraine Jeanette Ortiz 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):
Hugh Robinson 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):
Ernesto Rafael Montalvo Represented By Claudia C Osuna
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
NONE LISTED -
Debtor(s):
Laura Jean Holloway Represented By Anthony B Vigil
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 Michael Weisman Represented By Andrew Moher
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 2/19/19) FR: 4-10-19
Docket 79
NONE LISTED -
Debtor(s):
Felix Martinez Represented By Joseph A Weber Fritz J Firman
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 Harborview Mortgage Loan Trust 2005-16, Mortgage Loan Pass-Through Certificates, Series 2005-16 vs. DEBTOR
(Motion filed 7/11/19)
[RE: 342 Flyers Lane, Tustin, CA 92782]
Docket 83
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Clarence Blackburn Moore Jr. Represented By Michael Jones Sara Tidd
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Accedence, Inc. vs. DEBTOR (Motion filed 7/9/19)
[RE: Case Name: In RE: James Kim, Mradius, LLC] [Docket Number: 30-2017-00946272-CL-CO-CJC]
[Pending In: Superior Court Of California, County Of Orange]
Docket 212
No tentative ruling.
Debtor(s):
James Jinwoo Kim Represented By Amanda G Billyard Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (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. DEBTOR
(Motion filed 6/27/19)
[RE: 16842 Aries Drive, Yorba Linda, CA 92886]
Docket 44
The Court will grant the motion under § 362(d)(1) unless Debtors are current at the time of the hearing or the Debtors and Movant have stipulated to an adequate protection order.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Alberto Carlos Jimenez Represented By Bryn C Deb
Joint Debtor(s):
Sharon Rivera Jimenez Represented By Bryn C Deb
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
9:00 AM
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
E&G Investments, LLC, And Alessandro Chiocchetti vs. DEBTOR (Motion filed 7/15/19)
[RE: Case Name: E&G Investments, LLC et al. v. ERA Ventures, LLC, et al.]
[Docket Number: 30-2017-00910951-CU-BC-CJC; JAMS #1200054208]
[Pending In: Superior Court Of California, County Of Orange; JAMS]
Docket 5
The Court will grant the motion under § 362(d)(1). The Court makes no finding of bad faith by the Debtor.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Kelly Holdings, LLC Represented By Gary Polston
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Bank Of America vs. DEBTOR (Motion filed 6/26/19)
[RE: N 2016 Maserati Quattroporte - VIN NO. ZAM56PPA6G1176563]
Docket 16
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Eric Wayne Mydland Represented By
Bryant C MacDonald
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
Seabrook Apartments, LLC (Motion filed 7/9/19)
[RE: 41 Brookview, Dana Point, CA 92629 ]
Docket 10
No tentative ruling.
Debtor(s):
Raymond Harold Griffith Represented By Timothy McFarlin
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
CONT'D Final Approval Hearing RE: Emergency Motion Of Debtor And Debtor In Possession For An Order: (1) Directing All Insurance Companies And Other Parties Owing Funds To Debtor To Remit Payments To Debtor; (2) Authorizing Use Of Cash Collateral On An Interim Basis; (3) Granting Replacement Liens;
(4) Scheduling A Final Hearing On Permanent Use Of Cash Collateral; and (5)
After Hearing, Authorizing Permanent use Of Cash Collateral (Motion filed 6/20/19)
FR: 6-21-19
Docket 2
The Court will grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro
9:00 AM
CONT'D Hearing RE: Motion For Order Rejecting Prepetition Leases On Shortened Notice
[As To Rejection Of Lease Of 1772-1776 Robertson Boulevard, Los Angeles, California] ["Winters Lease"]
(Motion filed 7/1/19) (OST Entered 7/2/19)
FR: 7-8-19
Docket 65
The Court will inquire as to whether possible bidders for the Winters Lease are going forward with the lease acquisition.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
9:00 AM
CONT'D Hearing RE: Motion Confirming Application Of Automatic Stay And Enforcing Automatic Stay
(Motion filed 7/12/19)
FR: Advanced from 8-5-19 at 2:00 p.m.
Docket 94
The Court will grant the motion and confirm that the automatic stay applies to the McPhails in view of the alter ego allegations in the state court complaint.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
9:00 AM
CONT'D Motion for relief from stay [Real Property]
US Bank Trust National Association, As Trustee Of The Igloo Series III Trust vs. DEBTOR
(Motion filed 6/13/19)
[RE: 166 N. Singlewood Street, Unit No. 3, Orange, CA 92869]
FR: 7-8-19
Docket 57
- NONE LISTED -
Debtor(s):
Cimberly Gonzales Represented By Amanda G Billyard
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE :Application For Payment Of: Final Fees And/Or Expenses (11 U.S.C. Section 331) Period: 1/18/2019 to 6/12/2019
(Application Filed 6/22/19)
[RE: TOTARO & SHANAHAN - Debtors' Attorney] [Fees: $50,930.00; Expenses: $0.00]
Docket 113
- NONE LISTED -
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum Candice Bryner
2:00 PM
Hearing RE: Ex Parte Application To File Brief Under Seal (Application filed 7/26/19)
Docket 156
- NONE LISTED -
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum Candice Bryner
2:00 PM
Hearing RE: Florida Beauty Flora, Inc.'s Motion For Extension Of Time To Object To Debtor's Discharge And Dischargeability Of Debt
(Motion filed 6/28/19)
Docket 18
Under Federal Rules of Bankruptcy Procedure 4004(b)(1) and 4007(c ), a bankruptcy court can extend "for cause" the deadlines for filing a complaint under Bankruptcy Code sections 727 and 523 objecting to a debtor’s discharge or objecting to the discharge of a specific debt. The party moving to extend such deadline has the burden of proof as to the presence of good cause. Under Local Bankruptcy Rule 9013-1(c ) (3)(B), a motion must set forth "all reasons in support" of the motion.
Here, Florida Beauty Flora, Inc.’s motion to extend the time for filing a complaint under section 523 or 727 is threadbare on the existence of "good cause." The motion merely states that "[d]ue to the nature of the debt owed to Florida Beauty, undersigned requires additional time to thoroughly investigate the matter and determine the extent Florida Beauty’s claims [sic] pursuant to 11 U.S.C. §§ 523(a) and 727(a)." This is a woefully inadequate showing of good showing, effectively amounting to no showing at all. Absent the reply filed by Florida Beauty Flora, Inc., the Court most certainly would have denied the motion with prejudice on the ground that no good cause had been shown.
The reply, however, adds additional detail: Florida Beauty Flora, Inc. alleges that Debtor has not disclosed all his assets, including two safe deposit boxes at Bank of America, and would like time to investigate this prior to filing a complaint.
The question before the Court is whether the Court ought to enforce Local Bankruptcy
2:00 PM
Rule 9013-1(c )(3)(B) by disregarding the information set forth in the reply or take some other action that is less harsh to the movant.
The Court continues this hearing to September 23, 2019 at 2:00 p.m. Debtor may file a brief on or before August 23, 2019 addressing the legal consequences of a failure to set forth all grounds for relief in a motion and, additionally, whether the information set forth in the reply (if considered by the Court) constitutes good cause for granting the motion. Florida Beauty Flora, Inc. may file a responsive pleading on or before September 6, 2019. Debtor may file a reply on or before September 13, 2019.
The parties are on notice that even if the Court decides that good cause has been shown and the motion should be granted, the Court will likely sanction counsel for Florida Beauty Flora, Inc. in an amount equal to the attorney’s fees and costs expended by Debtor in preparing the pleadings described in the preceding paragraph for failure to comply with Local Bankruptcy Rule 9013-1(c).
COURT TO PREPARE ORDER.
Debtor(s):
Eric Wayne Mydland Represented By
Bryant C MacDonald
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
Hearing RE: Trustee's Objection to Debtor's Claim of Exemption (Objection filed 7/5/19)
Docket 0
The Court will grant the motion, sustain the objection and disallow the exemption of
$78,000 in its entirety. Debtor has failed to meet his burden of proving up the alleged exemption.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Raymond L Lamy Represented By Antonio John Ibarra
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
2:00 PM
Hearing RE: Motion Confirming Application Of Automatic Stay And Enforcing Automatic Stay
(Motion filed 7/12/19)
Docket 94
- NONE LISTED -
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
9:00 AM
Sissac Legal Group PC - movant attorney Motion for relief from stay
Capital One Auto Finance vs DEBTOR (Motion filed 6/21/19)
Re: 2011 SUBARU Outback 2.5i Premium Wagon 4D
Docket 16
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Willy Martin Albrecht Represented By Dina Farhat
Movant(s):
Capital One Auto Finance, a division Represented By
Cheryl A Skigin
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
Select Portfolio Servicing, Inc. vs. DEBTOR (Motion filed 6/28/19)
Re: 7970 Virtue Vista Drive, Riverside, CA 92509
(Tele. appr. Nancy Lee, rep. creditor, Select Portfolio Serv. Inc.)
Docket 29
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Patricia Saenz Represented By Emilia N McAfee
Movant(s):
Select Portfolio Servicing, Inc., its Represented By
Nancy L Lee
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Barrett Daffin Frappier Treder & Weiss LLP - movant attorney Motion for relief from stay
Lakeview Loan Servicing vs DEBTORS (Motion filed 6/27/19)
RE: 9373 8th Avenue, Hesperia, CA 92345
(Tele. appr. Darlene C. vigil, rep. creditor, Lakeview Loan Serv., LLC)
Docket 16
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Omar Zapata Represented By
Todd L Turoci
Joint Debtor(s):
Amanda Zapata Represented By Todd L Turoci
Movant(s):
Lakeview Loan Servicing, LLC Represented By Darlene C Vigil
9:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Mercedes-Benz Financial Services USA LLC vs. DEBTOR (Motion filed 7/9/19)
Re: 2017 Mercedes-Benz M3CAE6; VIN# WDAPF1CD9HP386621
Docket 10
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
JOIRIDE, Inc. Represented By Summer M Shaw
Movant(s):
Mercedes-Benz Financial Services Represented By
John H Kim
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
Law Offices of William E. Winham - movant attorney Motion for Relief from Stay
Tom Reese vs. DEBTOR (Motion filed 7/2.19)
Re: 7012 Victoria Ave, Highland, CA
Docket 11
The Court will grant the motion under § 362(d)(1) and grant annulment. However, the Court will not waive the 14-day stay.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mario Anthony Hernandez Represented By Ronald W Ask
Movant(s):
Tom Reese Represented By
William E Windham
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
The Levine Firm, APC - movant attorney Motion for Relief from Stay
Rudolpho Wilcox vs. Debtor (Motion filed 7/11/2019)
RE: Rudolpho Wilcox vs. Oscar Del Sid - Case no: CIV DS 1906939
(Tele. appr. Steven M. Sweat, rep. claimant, Rudolpho Wilcox)
Docket 11
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Oscar Del Cid Jr. Represented By William E Windham
Movant(s):
Rudolpho Wilcox Represented By
Olesia Boulaev Levine
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
JPMorgan Chase Bank vs. DEBTORS (Motion filed 7/10/19)
Re: RE: 2016 Ford Expedition VIN No.1FMJK1HTXGEF23019
(Tele. appr. Josephine E. Salmon, rep. creditor, JPMorgan Chase Bank)
Docket 10
The Court will grant the motion under § 362(d)(1) and (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Gary William Lane Represented By David L Nelson
Joint Debtor(s):
Robin Ann Lane Represented By David L Nelson
Movant(s):
JPMorgan Chase Bank, N.A. Represented By Wendy A Locke
9:00 AM
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
Shapiro, Van Ess, Sherman & Marth, LLP - movant attorney Motion for Relief from Stay
Deutsche Bank Trust Company Americas vs. DEBTOR (Motion filed 7/1/19)
Re: 3279 Temescal Avenue, Norco, CA 92860
(Tele. appr. Angie M. Marth, rep. creditor, Deutsche Bank Trust Co.)
Docket 8
The Court finds bad faith on the Debtor's part and that the filing of the petition was part of a scheme to hinder, delay and defraud the movant.
The Court grants the motion under § 362(d)(1) and (d)(4). The Court grants all the relief sought by movant.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Armando Miranda Pro Se
Movant(s):
DEUTSCHE BANK TRUST Represented By Angie M Marth
9:00 AM
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Buchalter, A Professional Corporation - movant attorney Motion for relief from stay
The Golden 1 Credit Union vs DEBTOR (Motion filed 6/28/19)
RE: 2015 Kia Soul
Docket 7
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Christian Sarkisian Represented By David L Nelson
Movant(s):
Golden 1 Credit Union Represented By Mirco J Haag
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. DEBTORS (Motion filed 7/3/19)
Re: 2016 NISSAN SENTRA
Docket 9
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Lisandro Tejeda Jerez Represented By Gilbert A Diaz
Joint Debtor(s):
Veronica Dolores Morales De Tejeda Represented By
Gilbert A Diaz
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
TD Auto Finance LLC vs. DEBTOR, Karl T. Anderson, trustee (Motion filed 7/10/19)
Re: 2017 CHEVROLET SILVERADO VIN 3GCUCRER2HG486869
Docket 9
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Marco Antonio Martinez Represented By
James Geoffrey Beirne
Movant(s):
TD Auto Finance LLC Represented By Jennifer H Wang
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg. on Debtor's Motion for Order to Release Funds to Debtor and close case
Docket 19
- NONE LISTED -
Debtor(s):
Reth Neang Represented By
Yolanda Flores-Burt
Movant(s):
Reth Neang Represented By
Yolanda Flores-Burt
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
Hrg. on Debtor's Motion for order approving compromise of claims and approving form of settlement agreement with California CDTFA of Tax and Fee Administration
Docket 341
The Court will grant each of the motions in the main bankruptcy case and the pending adversary proceeding.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor Lisa Nelson
Movant(s):
USA Sales, Inc. Represented By Daren M Schlecter Daren M Schlecter
Rachel S Milman Esq Rachel S Milman Esq
A. Lavar Taylor
A. Lavar Taylor Lisa Nelson Lisa Nelson
2:00 PM
2:00 PM
Adv#: 6:16-01302 USA Sales, Inc. v. California State Board Of Equalization et al
Hrg. on Plaintiff's motion for order approving compromise of claims and approving form of settlement agreement with California Department of Tax and Fee Administration
Docket 54
The Court will grant each of the motions in the main bankruptcy case and the pending adversary proceeding.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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
California Department of Tax and Represented By
Lisa W Chao
Movant(s):
USA Sales, Inc. Represented By Lisa Nelson
A. Lavar Taylor
2:00 PM
Daren M Schlecter Bruce A Emard
Plaintiff(s):
USA Sales, Inc. Represented By Lisa Nelson
A. Lavar Taylor Daren M Schlecter Bruce A Emard
2:00 PM
Hrg. on approval of trustee's final report; applications for compensation
Docket 0
The Court will grant and allow:
Trustee's fees: $1,195.50 Trustee's expenses: $52.41 Bond premium: $2.86
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Patricia Anne Wentworth Represented By Robert W Ripley
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg on Trustee's Final Report and Applications for Compensation EH
(Tele. appr. Lynda T. Bui, rep. Ch 7 Trustee)
Docket 60
The Court will grant and allow:
Trustee's fees: $15,932.71 Trustee's expenses: $934.93
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
2:00 PM
Hrg. on approval trustee's final report; applications for compensation
Docket 0
The Court will grant and allow:
Trustee's fees: $1,508.10 Trustee's expenses: $70.18
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Andrew Jauregui Ruvalcaba Represented By Norma Duenas
Joint Debtor(s):
Rosario Mendoza Ruvalcaba Represented By Norma Duenas
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg. on approval trustee's final report; applications for compensation
Docket 20
The Court will grant and allow:
Trustee's fees: $605.50 Trustee's expenses: $111.00
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Victor Miguel Guzman Represented By Daniel King
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg on Trustee's Motion filed 6/27/19 For Sale of Property of the Estate under Section 363(b); Approving Payment of Real Estate Commission and Reimbursement of Expenses; and Granting Related Relief
(Tele. appr. Josephine E. Salmon, rep. creditor, PNC Bank, N.A.)
Docket 37
The Court will grant the motion on the terms specified in PNC Bank, N.A.'s conditional non-opposition (PNC Bank, N.A. is to be paid in full out of escrow).
The Court will inquire whether there are any overbidders.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jennifer Johnson Represented By Susan Jill Wolf
Movant(s):
Howard B Grobstein (TR) Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Howard B Grobstein (TR) Represented By
2:00 PM
Leonard M Shulman Melissa Davis Lowe
2:00 PM
Hrg. U.S. Trustee's Motion filed 7/2/19 For Order Compelling Attorney to File Disclosure Of Compensation Pursuant to 11 U.S.C. 329 And FRBP 2016
Docket 10
The Court will grant the motion and order Mr. Giron to file a Statement of Attorney Compensation on or before August 20, 2019.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jean Presichi Represented By
Lionel E Giron
Movant(s):
United States Trustee (RS) Represented By
Abram Feuerstein esq
Trustee(s):
Todd A. Frealy (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 1/7/19)
FR: 3-13-19
Docket 1
The Court will inquire into the Debtor's compliance with U.S. Trustee guidelines and requirements.
Next status conference: October 23, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
9:00 AM
Adv#: 8:19-01079 Cochrane v. Elliot
Hearing RE: Motion To Dismiss Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Sections 523(a)92) And 523(a)(6)
(Motion filed 5/31/19)
Docket 5
The Court will grant the motion with leave to amend as to the first cause of action under 11 U.S.C. § 523(a)(2)(A).
The Court will grant the motion without leave to amend as to the second cause of action under 11 U.S.C. § 523(a)(6). The complaint fails to allege that defendant performed the operation with the intent of injuring plaintiff.
DEFENDANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Robert Michael Elliott Represented By Renee Nasiri
Defendant(s):
Robert Michael Elliot Represented By David R Flyer
Plaintiff(s):
Kevin Cochrane Represented By Jason P. Saccuzzo John W Cutchin
9:00 AM
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:19-01079 Cochrane v. Elliot
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Sections 523(a)(2), 523(a)(3), 523(a)(4) And 523(a)(6) (Complaint filed 5/2/19)
Docket 1
The Court will continue the status conference to October 23, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Robert Michael Elliott Represented By Renee Nasiri
Defendant(s):
Robert Michael Elliot Pro Se
Plaintiff(s):
Kevin Cochrane Represented By Jason P. Saccuzzo John W Cutchin
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:19-01094 DeLuca et al v. Tenner
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt:
11 USC Section 523(a)(2)(A) - False Pretenses, False Representation, Actual Fraud;
11 USC Section 523(a)(4) - Embezzlement, Larceny
11 USC Section 523(a)(6) - Willful And Malicious Injury To Property (Complaint filed 5/23/19)
FR: 7-10-19
Docket 1
Based upon the parties' request for mediation in the Joint Status Report, the Court will order the adversary proceeding into mediation. The parties shall file a mediation stipulation and lodge an order thereon on or before September 7, 2019.
The Court continues the status conference to January 29, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Marc Solomon Tenner Represented By Marc Weitz
Defendant(s):
Marc Solomon Tenner Pro Se
9:00 AM
Plaintiff(s):
John DeLuca Represented By
Timothy F Umbreit
Lenore DeLuca Represented By Timothy F Umbreit
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 Case (Petition filed 5/23/19)
Docket 9
The Court will inquire into the Debtor's compliance with U.S. Trustee guidelines and requirements.
Next status conference: December 11, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Enalasys Corporation Represented By Michael Jones
9:00 AM
Adv#: 8:18-01148 Hernandez v. United States of America, by its agency Internal R
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Tax Liability
(Complaint filed 7/26/18)
(Another Summons issued 12/3/18) (PTC set at S/C held 3/20/19)
FR: 10-17-18; 1-16-19; 2-27-19; 3-20-19
Docket 1
- NONE LISTED -
Debtor(s):
Lisa Hernandez Represented By Bruce A Boice
Defendant(s):
United States of America, by its Represented By Jolene Tanner
Plaintiff(s):
Lisa Hernandez Represented By Bruce A Boice
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
Docket 19
The Court will disapprove the agreement as not in Debtor's best interest. COURT TO PREPARE ORDER.
Debtor(s):
Alexis A. Marroquin Analco Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 16
- NONE LISTED -
Debtor(s):
Stanley Allan Pope 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):
John J. McEniry Represented By Tina H Trinh
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 5
- NONE LISTED -
Debtor(s):
Mark Francois St Croix Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 11
- NONE LISTED -
Debtor(s):
Teodoro Esparza Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Mark J. Patterson Represented By Christine A Kingston
Joint Debtor(s):
Ashley L. Patterson Represented By Christine A Kingston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 8
- NONE LISTED -
Debtor(s):
David Cary Elkins Represented By Gerald S Kim
Joint Debtor(s):
Leigh Anne Elkins Represented By Gerald S Kim
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
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
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 21
- NONE LISTED -
Debtor(s):
Marite A Delos Santos 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):
Debora Renee Huschka 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 2
- NONE LISTED -
Debtor(s):
Eric Paklun Fong Represented By Nicholas W Gebelt
Joint Debtor(s):
Monica Nicole Fong Represented By Nicholas W Gebelt
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 7-3-19
Docket 36
- NONE LISTED -
Debtor(s):
Roger G. Woods Represented By Sam Benevento
Joint Debtor(s):
Mary S. Woods Represented By Sam Benevento
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Objection To Proof Of Claim: (Motion filed 5/20/19)
Claim No. 2 U.S. Bank, N.A. $24,533.89 FR: 7-3-19
Docket 25
A validly executed and filed proof of claim constitutes prima facie evidence of the amount and validity of the claim. Fed. R. Bankr. P. 3001(f). On request of a party in interest and after notice and a hearing, the bankruptcy court may determine the amount of a secured claim under 11 U.S.C. § 506(a). Fed. R. Bankr. P. 3012(a)(1). Such request may be made by motion or an objection to claim. Fed. R. Bankr. P.
3012(b).
Here, debtors qualify as interested parties, and their request that the Court determine the secured amount of USBank’s claim under 11 U.S.C. § 506(a) is properly made under the authorities cited above. Thus, this matter is properly before the Court.
USBank is correct that the burden is initially on the objecting party to come forward with evidence to overcome the prima facie evidence of the claim’s validity. The rule is that such evidence must be equal or greater in probative force to the evidence in the claim. If the objecting party comes forward with such evidence, the burden then shifts to the party holding the claim to prove up its claim by a preponderance of the evidence.
Debtors do not object to the amount of USBank’s claim, only to the extent it is alleged to be secured. A claim can be secured only to the extent there is property securing it.
2:00 PM
USBank’s proof of claim attaches the security agreement but provides no information precisely describing the property securing the loan except in a generic fashion (e.g., "equipment," as opposed to "a Whirlpool washing machine, model "). Debtors’ objection, on the other hand, does identify the property securing USBank’s claim, namely a small bank account with a $50 balance and some hand tools having de minimis value.
The Court holds that Debtors have met their burden of coming forward with evidence equal or greater in probative force to the probative force of the proof of claim.
The burden of proving up its claim by a preponderance of the evidence therefore is upon US Bank.
USBank has failed to meet this burden. USBank contends that the property listed on Schedule B secures its claim but fails to make a showing that such property (except for the various bank accounts) falls within the definition set forth in section 2.1 of the Note and Security Agreement attached to USBank’s proof of claim.
The Court sustains Debtors’ objection in part and overrules it in part. USBank’s claim is secured to the extent of $500 in Debtors’ bank accounts and is unsecured as to the balance.
DEBTORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Roger G. Woods Represented By Sam Benevento
Joint Debtor(s):
Mary S. Woods Represented By Sam Benevento
2:00 PM
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 7-3-19
Docket 56
- NONE LISTED -
Debtor(s):
Ernesto Rafael Montalvo Represented By Claudia C Osuna
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Objection To Debtor's Claims Of Exemption (Motion filed 7/15/19)
Docket 48
- NONE LISTED -
Debtor(s):
Ernesto Rafael Montalvo Represented By Claudia C Osuna
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Linda Eileen Rose Represented By Derik N Lewis
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 R Willingham 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):
Donnie R Poucher 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):
Jenny Lopez 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):
Jill M Crawley Pro Se
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 2/19/19) FR: 4-10-19; 7-24-19
Docket 79
The Court will grant the motion and dismiss the case unless all arrearages and other defaults are cured in full by the date of the hearing.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Felix Martinez 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 To Dismiss Case Due To Failure To Make Plan Payments (11 U.S.C. 1307(c)
(Motion filed 7/3/19) (Response filed 7/15/19)
(Set per Notice of Hearing filed 7/15/19)
Docket 211
- NONE LISTED -
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 7/3/19) (Opposition filed 7/17//19)
(Notice of Hearing filed 7/17/19)
Docket 101
- NONE LISTED -
Debtor(s):
Julie Deann Grooms Represented By
Rabin J Pournazarian
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Failure To Make Plan Payments
(Motion filed 6/5/19) (Opposition filed 6/20/19)
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):
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
3:00 PM
Hearing RE: Motion Under Local Bankruptcy Rule 3015-1 (n) And (w) To Modify Plan Or Suspend Plan Payments
(Motion filed 6/30/19)
(Set for hearing per Notice Of Hearing filed 7/1/19)
Docket 50
The Court will deny the motion based upon Debtors' failure to provide 2018 tax returns to the Chapter 13 trustee and their failure to provide an updated LBR Form 3015-1.20.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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
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 5/8/19)
(Opposition filed 5/21/19) FR: 7-3-19
Docket 30
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Teresa Ruiz Represented By
Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Application Of Attorney For Debtor For Allowance Of Fees And Expenses Following Dismissal Or Conversion Of Chapter 13 Case Subject To A Rights And Responsibilities Agreement (RARA)
(Motion filed 2/28/19)
(Set per Notice of Hearing filed 3/21/19)
[RE: RESNIK HAYES MORADI LLP - Attorneys For Debtor] [Fees: $7,790.00; Expenses: $0.00]
FR: 4-10-19
Docket 61
The Court will grant the application in part. The Court will allow fees of $4,110 in fees in addition to the $810 in fees already paid.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Lovert B. Hogai Pro Se
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 6/7/19)
Docket 35
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Barbara Jo O'Brien Represented By Daniel King
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Verified Motion For Order Modifying The Chapter 13 Plan (Motion filed 6/11/19)
(Set per Amended Notice of Hearing filed 7/15/19)
Docket 65
The Court will grant the motion.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Stephen Lawrie Represented By Andy C Warshaw
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
(Motion filed 6/10/19)
Docket 25
The Court will approve the stipulation between the U.S. Trustee and Counsel and continue the hearing to September 11, 2019 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Tracy Phuong- Dong Do Represented By Sunjay Bhatia
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 And To Order Counsel To File A 2016(B) Statement (Motion filed 6/28/19)
Docket 21
The Court will grant the motion in part and order Counsel to file a Rule 2016(b) statement. All rights are reserved to the U.S. Trustee to review the Rule 2016(b) statement after it is filed and, if the U.S. Trustee believes it appropriate, to re-calendar this motion for hearing as to the actual disgorgement of fees.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Estate of Rita Maza Williams Represented By Hayk Grigoryan
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
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))
(Cont. from 3/12/19)
Docket 1
NONE LISTED -
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#: 6:17-01271 United States Trustee for the Central District of v. Ashcraft et al
PRE-TRIAL CONFERENCE re: Complaint for Disgoregement of Fees, Civil Penalties, Sanctions, and Declaratory, Injunctive, and other relief
(Cont. from 5/23/19)
Docket 0
NONE LISTED -
NONE LISTED -
Debtor(s):
Mary Ann Gilmore Represented By Patricia M Ashcraft
Defendant(s):
The Law Offices of Gregory C. Represented By Todd L Turoci
Patricia M Ashcraft 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
9:00 AM
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 4/1/19)
Docket 0
NONE LISTED -
In view of the interim closing of the case by order entered June 12, 2019, the Court continues the status conference to March 12, 2020 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#: 6:18-01221 Hardt, Jr v. Hamzey, Jr. et al
STATUS CONFERENCE re complaint for recovery of money/property pursuant to 11 U.S.C. Section 548 and Nondischargeability of debt 1 U.S.C. Section 523(A)(4)
(Cont. from 6/20/19)
Docket 1
NONE LISTED -
No tentative ruling.
Debtor(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Defendant(s):
Marie Ann Hamzey Pro Se
Robert Mansour Hamzey Jr. Pro Se
Joint Debtor(s):
Marie Ann Hamzey Represented By Daniel C Sever
Plaintiff(s):
William Joseph Hardt Jr Pro Se
9:00 AM
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Adv#: 6:18-01221 Hardt, Jr v. Hamzey, Jr. et al
Hrg. on Defendants' Motion filed 6/3/19 to Dismiss Adversary Proceeding for Failure to State a Claim Upon Which Relief Can be Granted
(Cont. from 6/27/19)
Docket 52
NONE LISTED -
No tentative ruling.
Debtor(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Defendant(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Marie Ann Hamzey Represented By Daniel C Sever
Joint Debtor(s):
Marie Ann Hamzey Represented By Daniel C Sever
Plaintiff(s):
William Joseph Hardt Jr Pro Se
9:00 AM
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Adv#: 6:19-01011 Morris et al v. REO Property Group, LLC, a California limited liab
Hrg. on Defendants' Motion filed 2/11/19 to Dismiss Adversary Proceeding (Cont. from 3/21/19)
Docket 6
NONE LISTED -
NONE LISTED -
Debtor(s):
Wayne Morris Represented By Michael A Cisneros
Defendant(s):
Frank Zeng Represented By
Phillip C Law
REO Property Group, LLC, a Represented By Phillip C Law
Joint Debtor(s):
Celia Morris Represented By
Michael A Cisneros
Plaintiff(s):
Celia Morris Represented By
Michael A Cisneros
Wayne Morris Represented By
9:00 AM
Trustee(s):
Michael A Cisneros
Todd A. Frealy (TR) Pro Se
9:00 AM
Adv#: 6:19-01082 Sui v. Yang et al
STATUS CONFERENCE Re: Complaint filed 5/17/2019 for an injunction pursuant to 11 U.S.C. Section 105(a)
Docket 1
NONE LISTED -
NONE LISTED -
Debtor(s):
Yongming Sui Represented By Michael A Cisneros
Defendant(s):
Pao Sheng Yang Pro Se
GRG Manufacturing Pro Se
Plaintiff(s):
Yongming Sui Represented By Michael A Cisneros
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Adv#: 6:19-01081 Medrano v. GONZALEZ
STATUS CONFERENCE re: Complaint by Jesse Medrano against JESUS GONZALEZ. false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))
Docket 1
NONE LISTED -
The Court will issue a scheduling order:
All discovery closes on November 30, 2019.
All discovery motions shall be heard before December 31, 2019.
All pretrial motions shall be heard before January 31, 2020.
Pretrial conference is set for February 27, 2020.
COURT TO PREPARE ORDER.
Debtor(s):
Jesus J Gonzalez Represented By Lazaro E Fernandez
Defendant(s):
JESUS GONZALEZ Pro Se
9:00 AM
Joint Debtor(s):
MARIELENA GONZALEZ Represented By Lazaro E Fernandez
Plaintiff(s):
Jesse Medrano Represented By Javier H Castillo
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Hrg. on Chapter 11 Status Conference
Docket 0
NONE LISTED -
The Court will inquire into Debtor's compliance with U.S. Trustee's guidelines and requirements.
The Court will set the bar date as October 31, 2019 and will require notice of the bar date to be filed and served by August 22, 2019.
The Court will set a deadline of December 31, 2019 for filing a plan and disclosure statement and a deadline of March 31, 2020 for confirming a plan of reorganization.
Next status conference: November 14, 2019 at 9:00 a.m., with an updated status report due October 31, 2019.
COURT TO PREPARE ORDER.
Debtor(s):
Michael A. Madrid Represented By
Benjamin A Yrungaray
2:00 PM
Hrg. on Confirmation on Chapter 11 Plan (Cont. from 8/1/19)
(To be held in Courtroom 6C, 411 W. Fourth Street, Santa Ana, CA 92701) (Tele. appr. Jenelle C. Arnold, rep. Bank of America)
Docket 1
NONE LISTED -
The confirmation hearing will continue with Mr. Altman's testimony and will conclude.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
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))
(Tele. appr. Jenelle C. Arnold, rep. Bank of America)
Docket 1
NONE LISTED -
The Court will continue this status conference to November 7, 2019 at 9:00 a.m. 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
2:00 PM
Plaintiff(s):
Yun Hei Shin Represented By
Kathleen P March Andrew S Bisom
2:00 PM
Hrg. on Motion By United States Trustee To Dismiss Or Convert Chapter 11 Case
(Adv. from 8/20/19)
(To be held in Courtroom 6C, 411 W. Fourth Street, Santa Ana, CA 92701) (Tele. appr. Jenelle C. Arnold, rep. Bank of America)
Docket 274
NONE LISTED -
No tentative ruling. The motion to dismiss will be heard immediately after the plan confirmation hearing concludes.
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'
(Adv.from 8/20/19)
(To be held in Courtroom 6C, 411 W. Fourth Street, Santa Ana, CA 92701) (Tele. appr. Jenelle C. Arnold, rep. Bank of America)
Docket 289
NONE LISTED -
No tentative ruling. The motion to dismiss will be heard immediately after the plan confirmation hearing concludes.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
10:00 AM
Hearing RE: Emergency Motion For Order: (A) Enforcing Automatic Stay; (B) Sanctioning Complete Business Solutions Group, dba Par Funding, And Its Officers And Directors For Willful Violations Of The Automatic Stay; (C) Issuing Order To Show Cause RE Contempt Against Complete Business Solutions Group, dba Par Funding, And Its Officers And Directors
(Motion filed 8/7/19)
Docket 165
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
9:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Arash Durrani vs. DEBTOR (Motion filed 7/25/19)
[RE: Case Name: Durrani v. US Direct, LLC, et al.] [Docket Number: 30-2019-01054952-CU-OE-CJC]
[Pending In: Orange County Superior Court]
Docket 82
No tentative ruling.
Debtor(s):
US Direct LLC Represented By Donald W Sieveke
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
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; 11-14-18; 4-8-19
Docket 1
The Court will inquire into (1) compliance with U.S. Trustee guidelines and requirements, and (2) the amount of the refund that the Debtors are seeking from the SBE.
Next status conference: February 24, 2020 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
2:00 PM
Hearing RE: Motion For Order Compelling Turnover Of Personal Property Of The Estate
(Motion filed 7/12/19)
Docket 26
The Court will inquire whether Mr. Sutherland is Mr. James Taylor's attorney and whether there is reason to believe the addresses shown on the proof of service are current.
Subject to these matters, the Court will grant the motion. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Enalasys Corporation Represented By Michael Jones Sara Tidd
2:00 PM
CONT'D Hearing RE :Application For Payment Of: Final Fees And/Or Expenses (11 U.S.C. Section 331) For The Period From January 18, 2019 Through June
12, 2019
(Application Filed 6/22/19)
[RE: TOTARO & SHANAHAN - Debtors' Attorney] [Fees: $50,930.00; Expenses: $0.00]
FR: 8-5-19
Docket 113
Mr. Totaro has made it clear that he is not seeking to recover fees beyond those originally requested (i.e., $50,930.00 and zero expenses): "I am not claiming additional fees from what was submitted." Supplemental Declaration, Docket No. 127, filed July 7, 2019 at page 1, line 25. Mr. Gindi executed a declaration on June 17, 2019 supporting Court approval of such fees.
The Court overrules objections to the final fee application and awards Totaro & Shanahan $50,930.00 in fees on a final basis.
Sealed pleadings will remain sealed.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum
2:00 PM
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum Candice Bryner
2:00 PM
CONT'D Hearing RE: Motion For Order Approving Insider Compensation Requests
(Motion filed 7/26/19) (OST entered 7-31-19)
FR: Advanced from 8-19-19
Docket 128
The Court will hear argument on the contentions of the U.S. Trustee and the Committee that Debtor is proposing to pay insiders a multiple of what they were earning prepetition and that no showing has been made that the Debtor can actually afford to pay the proposed insider compensation.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
2:00 PM
Hearing RE: Motion For Order Authorizing Examination Of Brian Weiss And For Production Of Documents Pursuant To Federal Rule Of Bankruptcy Procedure 2004
(Motion filed 7/26/19)
(Order Setting Hearing Entered 7/31/19)
Docket 126
The Court will deny the motions seeking the 2004 examinations. Movant RFC has failed to make a sufficient showing that it has standing as a party in interest in this case in view of the suspension of its corporate powers and failure to register as a lender under California law.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
2:00 PM
Hearing RE: Motion For Order Authorizing Examination Of Charles McPhail Sr. And For Production Of Documents Pursuant To Federal Rule Of Bankruptcy Procedure 2004
(Motion filed 7/26/19)
(Order Setting Hearing Entered 7/31/19)
Docket 124
The Court will deny the motions seeking the 2004 examinations. Movant RFC has failed to make a sufficient showing that it has standing as a party in interest in this case in view of the suspension of its corporate powers and failure to register as a lender under California law.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
2:00 PM
Hearing RE: Motion For Order Authorizing Examination Of Andre McPhail And For Production Of Documents Pursuant To Federal Rule Of Bankruptcy Procedure 2004
(Motion filed 7/26/19)
(Order Setting Hearing Entered 7/31/19)
Docket 122
The Court will deny the motions seeking the 2004 examinations. Movant RFC has failed to make a sufficient showing that it has standing as a party in interest in this case in view of the suspension of its corporate powers and failure to register as a lender under California law.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
2:00 PM
CONT'D Hearing RE: Motion For Order Rejecting Prepetition Leases On Shortened Notice
[As To Rejection Of Lease Of 1772-1776 Robertson Boulevard, Los Angeles, California] ["Winters Lease"]
(Motion filed 7/1/19) (OST Entered 7/2/19)
FR: 7-8-19; 8-5-19
Docket 65
The Court will inquire as to whether possible bidders for the Winters Lease are going forward with the lease acquisition.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
2:00 PM
Hrg. on U.S. Trustee's Motion filed 7/2/19 for An Order Appointing Chapter 7 Trustee
Docket 22
The Court will grant the U.S. Trustee's request for judicial notice. The Court will grant the motion to appoint a chapter 7 Trustee.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Glenn H Spears Represented By Brian C Fenn
Michael F Chekian
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Hrg. on approval trustee's final report; applications for compensation
Docket 58
The Court will grant and allow:
Trustee's fees: $2,550.00 Trustee's expenses: $234.32
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Rudolfo Jose Castillo Jr. Represented By Kristin R Lamar
Joint Debtor(s):
Joann Tojino Castillo Represented By Kristin R Lamar
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 7/17/19 for Turnover of Property of the Estate
Docket 123
The Court will grant the motion.
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 Order to Show Cause why Minh Cong Dang (a.k.a. Ming M. Dang) should not be held in Contempt of Court for knowingly violating the discharge injunction
Docket 0
The Court will grant the OSC and determine that Minh Cong Dang ("Mr. Dang") is in contempt of Court for violating the discharge injunction imposed by 11 U.S.C. § 524(a)(2) by seeking to collect a prepetition claim following the entry of Debtors’ discharge on February 5, 2018. Specifically, after receiving notice of the discharge, Mr. Dang filed a complaint for defamation and property damages in state court against Debtors on October 5, 2018 based upon events occurring on May 21-22, 2017 (Debtors’ bankruptcy petition was filed on October 27, 2017) and on May 21, 2018.
Debtors demurred to the complaint in state court, whereupon Mr. Dang filed a first amended complaint on January 25, 2019. Further proceedings continued in state court with respect to these matters, with the first amended complaint being dismissed without prejudice (over Mr. Dang’s objection) on April 19, 2019. The state court has yet to dismiss the case with prejudice. Mr. Joseph Putney has missed several days of work and lost wages as a result of these unlawful proceedings in state court launched against him and Mrs. Putney by Mr. Dang.
Under Taggart v. Lorenzen, U.S. (June 3, 2019), a bankruptcy court may hold a creditor in civil contempt for violating a discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct. Here, there is no fair ground of doubt that the discharge order entered February 5, 2018 barred Mr. Dang from filing a complaint in state court seeking damages for defamation and property damages based upon events occurring on May 21-22, 2017, months before the Putneys
2:00 PM
filed their bankruptcy petition on October 27, 2017. These are clearly prepetition events, and there is no doubt whatsoever that any claims whatsoever that Mr. Dang may have had against the Putneys were rooted in their prepetition past and therefore are prepetition claims discharged on February 5, 2018.
For these reasons, the Court determines that Mr. Dang is in contempt of court for filing the state court action on October 5, 2018 seeking to recover damages against the Putneys for events occurring on May 21-22, 2017.
The Court imposes the following sanctions against Mr. Dang: (1) Mr. Dang shall pay a total of $22,938.55 (consisting of $14,413.05 with respect to attorneys’ fees and costs incurred by the Putneys in the state court action and $8,525.50 in connection with attorneys’ fees and costs incurred by the Putneys with respect to this order to show cause) to the Putneys in accordance with the following schedule: (a) $10,000.00 shall be paid on or before September 3, 2019; and (b) $12,938.55 shall be paid on or before September 24, 2019; (2) the Court sets a further hearing on September 10, 2019 at 2:00 p.m. on additional damages for lost wages, emotional distress and the supplemental fees and expenses referred to in the Putney’s motion for an order to show cause. In connection with the September 10, 2019 hearing, the Putneys’ brief is due on or before August 20, 2019 and Mr. Dang’s reply brief is due on or before September 3, 2019.
Debtor(s):
Joseph Edward Putney Represented By Jenny L Doling Summer M Shaw
Joint Debtor(s):
Julie Anna Putney Represented By Jenny L Doling Summer M Shaw
2:00 PM
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg. on trustee's final report and applications for compensation
Docket 0
The Court will grant and allow:
Trustee's fees: $591.09 Trustee's expenses: $49.76
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Carlos Miranda Represented By Daniel King
Joint Debtor(s):
Sara Miranda Represented By
Daniel King
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
Hrg. on approval trustee's final report; applications for compensation
Docket 30
The Court will grant and allow:
Trustee's fees: $1,119.50 Trustee's expenses: $0
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Juan Carlos Castillo Represented By Jenny L Doling
Joint Debtor(s):
Kimberly Dominique Castillo Represented By Jenny L Doling
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
Hrg. on approval trustee's final report; applications for compensation
Docket 21
The Court will grant and allow:
Trustee's fees: $1,282.24 Trustee's expenses: $35.60
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mr. Muffler, Inc. Represented By Michael J Varisco
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Hrg. U.S. Trustee's Motion filed 7/2/19 For Order Compelling Attorney to File Disclosure Of Compensation Pursuant to 11 U.S.C. 329 And FRBP 2016
(Cont. from 8/6/19)
Docket 10
The Court will grant the motion and order Mr. Giron to file a Statement of Attorney Compensation on or before August 20, 2019.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jean Presichi Represented By
Lionel E Giron
Movant(s):
United States Trustee (RS) Represented By
Abram Feuerstein esq
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
Adv#: 6:17-01273
Havasu Lakeshore Investments v. Fleming, Jr et al
Docket No: 0
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Terry Lee Fleming Jr Represented By Michael B Reynolds James E Till
Patricia Wilson-Fleming Represented By Randall S Waier
Havasu Landing LLC Represented By Michael B Reynolds James E Till
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Michael B Reynolds
Plaintiff(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
9:00 AM
Adv#: 8:17-01051
Diamond Enterprises, LTD., LP v. Younessi
Docket No: 1
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
Docket No: 1
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
Defendant(s):
Michael Younessi Pro Se
Plaintiff(s):
Diamond Enterprises, Ltd, LP Represented By
M Douglas Flahaut
9:00 AM
Docket No: 0
Debtor(s):
Sepideh Sally Cirino Pro Se
9:00 AM
Adv#: 8:18-01117
Kermode v. Collins
Docket No: 1
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
9:00 AM
Erin P Moriarty
9:00 AM
Adv#: 8:19-01095
The United States Trustee For Region 16 v. Devine
Docket No: 1
Debtor(s):
Michael William Devine Represented By Christopher J Langley
Defendant(s):
Michael William Devine Pro Se
Plaintiff(s):
The United States Trustee For Region 1 Represented By
Frank Cadigan
9:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Adv#: 8:18-01208
Eastwest Partners Investment, LLC v. Davenport
Docket No: 33
Debtor(s):
Chester Davenport Pro Se
Defendant(s):
Chester Davenport Pro Se
Plaintiff(s):
Eastwest Partners Investment, LLC Represented By
Stella A Havkin
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
Docket No: 33
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
Docket No: 131
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
Christopher D Beatty
Modern VideoFilm Holdings, LLC Represented By
Juliet Y Oh David L. Neale
Christopher D Beatty
Sidan Engineering, L.P. Represented By David L. Neale
Christopher D Beatty
Sivan Barkat Sherman Represented By
9:00 AM
David L. Neale Christopher D Beatty
Danielle Barkat Turner Represented By David L. Neale
Christopher D Beatty
Deborah Barkat Represented By David L. Neale
Christopher D Beatty
Plaintiff(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Richard H Golubow
9:00 AM
Docket No: 1
Debtor(s):
Allan Eli Gindi Represented By Michael R Totaro
Joint Debtor(s):
Carol June Gindi Represented By Michael R Totaro
9:00 AM
Docket No: 178
9:00 AM
9:00 AM
9:00 AM
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
2:00 PM
Docket No: 120
Debtor(s):
Fred Asafu-Adjaye Represented By Lionel E Giron
Crystle Jane Lindsey
2:00 PM
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Lionel E Giron
Crystle Jane Lindsey
2:00 PM
Docket No: 1
Debtor(s):
Fred Asafu-Adjaye Represented By Kevin Tang
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Kevin Tang
2:00 PM
Docket No: 65
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
9:00 AM
Adv#: 6:18-01081 Escontrias v. Hageman et al
Hrg. on Plaintiff's Motion filed 7/16/19 to strike Amended Answer; Alternatively Portions of Answer
Docket 108
Debtor(s):
Christopher Allen Hageman Represented By Roland D Tweed
Defendant(s):
Christopher Allen Hageman Represented By Thomas H Brehme
Crystal Dee Hageman Represented By Thomas H Brehme
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
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 7/8/19 Between Debtor and Wells Fargo Bank, in the amount of $4371.38
Re: 2012 Kia Optima
Docket 13
Debtor(s):
Julie Ann Martinez Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
1:00 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'
(Adv.from 8/20/19)
(To be held in Courtroom 6C, 411 W. Fourth Street, Santa Ana, CA 92701)
Docket 289
Debtor(s):
Murray Altman Represented By Andrew S Bisom
1:00 PM
Hrg. on Confirmation on Chapter 11 Plan (Cont. from 8/8/19)
Docket 1
Debtor(s):
Murray Altman Represented By Andrew S Bisom
9:00 AM
CONT'D Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate
(Motion filed 6/3/19) (OST Denied 6/7/19)
[RE: 682 W. Ord Way Anaheim, CA 92802]
FR: 7-15-19
Docket 25
This motion to continue the automatic stay is denied with prejudice as untimely.
COURT TO PREPARE ORDER.
Debtor(s):
Ernesto Rafael Montalvo Represented By Claudia C Osuna
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Modern VideoFilm, Inc., Modern VideoFilm Holdings, LLC, Moshe Barkat And Miller Barondess, LLP vs. DEBTOR
(Motion filed 7/19/19)
[RE: Case Name: Barkat, et al. v. Medley Capital Corporation, et al.] [Docket Number: BC583437 And BC631888]
[Pending In: Superior Court For The State Of California, County Of Los Angeles (Central District]
Docket 178
Modern Videofilm, Inc., chapter 11 debtor and debtor in possession herein ("MVF"), was founded in 1980 by Moshe Barkat ("Mr. Barkat"). Mr. Barkat served as MVF’s chief executive officer for over 30 years. MVF is a post-production, distribution and content management company in the TV and filmed entertainment business. MVF has provided creative services for, or otherwise worked on, some of the most renowned and famous TV shows and movies over the past decades, including Game of Thrones, Friends, Madame Secretary, Star Trek, Desperate Housewives, Sons of Anarchy, Charlies Angels, Malcom in the Middle, Home Improvement, Avatar, Life of Pi, Star Wars, Gran Torino and Slumdog Millionaire.
In 2012, Mr. Barkat searched for a lender who could enable MVF to pay off its existing debt and support its expansion. Medley Capital Corporation ("Medley") expressed interest, and following negotiations Medley loaned $50 million to MVF. MVF’s corporate parent, Modern Videofilm Holdings, Inc. ("Holdings") guaranteed
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the loan and pledged all MVF’s shares. Holdings has presented evidence that MVF had a value of over $136 million at this point in time.
In 2013, Mr. Barkat negotiated a transaction with Technicolor USA ("Technicolor") in which MVF and Technicolor would form a joint venture by combining their content management divisions. Mr. Barkat alleges that the financials of the deal were highly favorable to MVF and that the projections showed the joint venture producing $96 million per year in revenue and over $20 million in cash in the first year. Holdings has presented evidence that MVF would have had a value of $163.6 million if the joint venture had been completed.
Mr. Barkat alleges that Medley interjected itself into the negotiations and demanded 70 percent of MVF’s equity as a condition to allowing the JV to close. According to Mr. Barkat, Technicolor became frustrated with Medley’s demands and walked away from the transaction. Medley then took control of MVF, demoted Mr. Barkat, appointed a puppet director and several months later (in September 2014) completely terminated Mr. Barkat.
Mr. Barkat alleges that there was an exodus of MVF’s employees and clients after he was terminated, leading to a significant decline in MVF’s revenues. Holdings has presented evidence that Mr. Barkat’s termination destroyed the value of MVF. In 2015, Medley sold MVF’s remaining assets in a fire sale to Point.360. Point.360 later commenced its own bankruptcy proceeding.
Holdings brought a shareholder’s derivative action in state court against Medley and other defendants in August 2016, alleging fraud, breach of fiduciary duty, breach of the implied covenant of good faith and fair dealing, interference with prospective economic advantage and other causes of action and seeking $100 million in damages. This action was later consolidated with earlier action filed in state court by Mr. Barkat and Holdings directly against Medley and other defendants.
On April 11, 2018, the state court found there was evidence Medley had engaged in fraud and breaches of fiduciary duty and denied Medley’s motion for summary
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judgment: "Plaintiff has presented evidence that Medley talked Barkat into signing the forbearance agreement with promises to allow him to keep control of MVF, that Defendants did not disclose that they had already decided to take over MVF and fire Barkat, that Defendants represented to Barkat that they would not take over MVF if he signed the release." Superior Court Order Denying Medley Defendants Motion for Summary Judgment or Summary Adjudication, dated April 11, 2018 at pages 10-11 of 21.
Trial in the state court action was set for June 12, 2018. On May 7, 2018, Medley filed an emergency petition for a writ of mandate requesting the California Court of Appeal to direct the Superior court to vacate its summary judgment ruling, arguing that Medley would suffer irreparable harm if forced to stand trial on claims in excess of $150 million. The California Court of Appeal summarily denied Medley’s petition on May 16, 2018.
About three hours after this summary denial, MVF filed a bankruptcy petition under chapter 11. Following the filing, MVF’s counsel wrote a letter to Mr. Barkat’s counsel asserting that the state court action was an asset of MVF’s bankruptcy estate.
MVF, Holdings and Mr. Barkat propose to enter into a stipulation (the "Stipulation") whereby relief from the automatic stay would be granted to permit continuation of the state court action in state court. The Stipulation provides that counsel for the plaintiffs in such action (Miller Barondess, LLP) would pursue the state court action at no expense to the estate. Any recoveries obtained would be split 50/50 between the MVF bankruptcy estate and Miller Barondess, LLP ("MB"). MVF would have the unilateral right to settle the action for a sum in excess of $10 million. Any settlement of $10 million or less would be subject to MB’s approval. If a judgment against the Medley Defendants (as that term is defined in the proposed stipulation equal to or in excess of $10 million, MVF is required to commence and pursue an adversary
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proceeding in this Court seeking the subordination of the Medley Defendants’ claims below that of interest holders (i.e., equity holders) in this main bankruptcy case.
Counsel for the Debtor would be entitled to receive a bonus if such a judgment were obtained, the bonus being equal to the distribution that would otherwise have been payable on the subordinated claims (or on the part that is subordinated). MVF’s current adversary proceeding against Mr. Barkat and his family and affiliates (and Hugh Miller) would be held in abeyance pending the conclusion of the litigation against the Medley Defendants. If a judgment or settlement in the state court action against the Medley Defendants generates at least $1.5 million for the MVF bankruptcy estate, net of costs and claims by the Barkat Parties (as that term is defined in the proposed stipulation) and MB, the MVF bankruptcy estate and the Barkat Parties would execute mutual releases. Effective upon entry of an order approving the Stipulation, MB would waive all claims against the MVF bankruptcy estate and its counsel and would receive in exchange a similar waiver by the MVF bankruptcy estate and its counsel.
MVF, Holdings, Mr. Barkat and MB now move the Court for entry of an order granting relief from the automatic stay and approving the Stipulation (the "Motion")
Medley Capital Corporation in its capacity as administrative agent and collateral agent ("Medley") opposes the Motion (the "Opposition") . Medley argues that its lending group was duped into loaning $50 million to the Debtor and that they have had to endure the Barkat Parties seeking to pick their pockets ever since. Medley contends MVF Direct Claims (as that term is defined in the opposition) have no value because they were released by MVF "many times over many years." Assuming arguendo the MVF Direct Claims were not released, the argument runs, the Stipulation should not be approved by the Court because MB’s 50 percent participation in any settlement is an improper gift and violates the absolute priority rule.
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Medley’s third argument is that the Stipulation sacrifices valuable claims that MVF has against Mr. Barkat and others for no consideration. Medley’s fourth argument is that the Stipulation improperly seeks relief for the benefit of MB and MVF’s counsel that is highly prejudicial to the bankruptcy estate.
Medley’s argument that Court should deny the Motion because the MVF Claims have been released raises issues under the business judgment rule. So, too, does its third argument that the Stipulation sacrifices valuable claims against Mr. Barkat and others for no consideration. By proposing to enter into the settlement reflected in the Stipulation, MVF is by implication exercising its business judgment that the MVF bankruptcy estate’s interests are better furthered by entering into an agreement with Holdings, Mr. Barkat and MB than by entering into an agreement with Medley with respect to the contentious litigation between Holdings, Mr. Barkat and MB on one hand and Medley on the other hand.
It is well established that while approval of a proposed settlement rests in a bankruptcy court’s sound discretion, a debtor’s business judgment should not be ignored. In re MF Global, Inc., 419 B.R. 221 (Bankr. S.D.N.Y. 2012). Equally true, compromises are generally approved if they meet the business judgment of the bankruptcy trustee (or, here, a debtor in possession), In re Milazzo, 450 B.R. 363 (Bankr. D. Conn. 2011), and a bankruptcy court should avoid second-guessing a trustee in the exercise of his or her business judgment. In re Adley, 333 B.R. 587 (Bankr. D. Mass. 2005).
The Court is satisfied that MVF and its counsel are intimately familiar with the battle between Holdings and Mr. Barkat on one hand and Medley on the other hand with respect to the failure of MVF. MVF has actively prosecuted claims against Mr.
Barkat in this Court for over one year and has actively tried to negotiate other claims
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against Medley. Accordingly, the Court finds no reason to override MVF’s business judgment that it has better odds of success in siding with Mr. Barkat and Holdings than in throwing in its lot with Medley. For these reasons the Court rejects Medley’s first and third arguments.
Medley’s second argument is that MB’s 50 percent interest in certain litigation proceeds constitutes a gift and violates the absolute priority rule. This argument overlooks both the form and the substance of this proposed transaction: the 50 percent interest is effectively equivalent to a litigation contingency fee to MB (or alternatively a kind of joint venture or other sharing agreement between MVF and MB) in exchange for MB prosecuting the claims of MVF against Medley. With few assets other than litigation claims, MVF is poorly positioned to prosecute such claims outside the context of an attorney contingency fee arrangement or some kind of joint venture or other sharing agreement. The Stipulation’s terms insofar as they relate to MB’s 50 percent interest reflect this economic reality. The absolute priority rule is not implicated here because MB is acquiring its interest in exchange for legal services to be performed in the future, not for a prepetition claim. The 50 percent interest is not a gift because MB will be performing future services in exchange.
Medley’s fourth and final argument is that Stipulation improperly modifies the terms of employment of MVF’s counsel by giving such counsel a success fee in the event Medley’s claim in the MVF main bankruptcy case are subordinated to not only creditors but also interest holders. The Court rejects this argument because, as MVF’s reply to the Opposition points out, the economics are such that MVF’s counsel would be entitled to payment only if all non-subordinated creditors are paid in full.
Reviewing the Stipulation and considering the economic realities, the Court is satisfied that the compensation proposed to be paid to MVF’s counsel is fair, equitable and reasonable.
9:00 AM
For the reasons stated above and, in addition, the reasons stated in MVF’s reply to the Opposition, the Court grants the Motion and approves the Stipulation.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
2:00 PM
Hearing RE: Motion By Reorganized Debtor For Entry Of Discharge (Motion filed 7/22/19)
Docket 232
The Court will grant the motion.
DEBTOR TO LODGE ORDER GRANTING MOTION VIA LOU WITHIN 7 DAYS.
The Court will enter the discharge order itself.
Debtor(s):
Jessica Valeros Villanueva Represented By Matthew D. Resnik
M. Jonathan Hayes Roksana D. Moradi-Brovia
2:00 PM
Hearing RE: Motion For Order Approving Insider Compensation Requests (Motion filed 7/26/19)
Docket 128
- NONE LISTED -
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Authorizing The Trustee To Sell Real Property (1818 East Crescent View Drive, Sandy, Utah) Free And Clear Of Liens And Disputed, Potential Interest Held By Mr. Cluff Pursuant To 11 U.S.C. Section 363(b) And (f); (2) Approving Overbid Procedures; (3) Approving Compensation Of Real Estate Broker; (4) Authorizing Distribution Of Sale Proceeds; And (5) Waiving 14 Day Stay Imposed By Federal Rules Of Bankruptcy Procedure 6004(h)
(Motion filed 7/29/19)
Docket 100
The Court will inquire into the amount of secured and unsecured claims in this case.
The Court will grant the motion upon the terms specified by Bank of America in its conditional non-opposition and approve sale procedures, except that if there are overbidders, the minimum incremental bidding offer shall be $5,000 instead of
$1,000.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Nicole Clarisa Sadler Pro Se
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey
9:00 AM
The Wolf Firm, A Law Corporation - movant attorney Motion for Relief from Stay
Sun Trust Bank vs. DEBTOR (Motion filed 7/23/19)
Re: 901 Jade Lane, Winterville, NC 28590
Docket 10
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sean M Larsen Represented By Paul Y Lee
Trustee(s):
Larry D Simons (TR) Pro Se
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'
(Cont.from 5/30/19)
Docket 289
- NONE LISTED -
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Hrg. on Motion By United States Trustee To Dismiss Or Convert Chapter 11 Case
(Cont. from 5/30/19)
Docket 274
- NONE LISTED -
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Second and Final Application filed 7/30/19 of Bosley Till LLP, Counsel to Chapter 11 Debtor and Debtor-in-Possession, for Compensation, Period: 9/1/2018 to 7/9/2019, Fees: $290,577.25, Expenses: $26,959.99
(Tele. appr. Martin Eliopulos, rep. Havasu)
Docket 368
The Court will deny the request of Havasu Lakeshore Investments, LLC ("HLI") to disallow fees and expenses relating to the first iteration of the plan and disclosure statement as not benefiting the bankruptcy estate. In the Court’s experience, few disclosure statements are approved at the first disclosure statement hearing.
Objections by creditors and the United States Trustee’s office and concerns of the bankruptcy court usually require the preparation of an amended disclosure statement. This is all part of a normal process. If numerous errors are repeated in a subsequent draft, that could be a basis for disallowing fees, but that has not occurred here.
The Court understands that an adversary proceeding has been commenced, Adv. Pro. 6:19-ap-01108-MW, in which the complaint alleges that at least two parties (namely, Terry Lee Fleming, Jr. and Mr. Frank Harrigan) have asserted that a large portion of the $500,000 payable in cash to HLI on the plan effective date should be paid to them instead of HLI based upon state court notices of levy. It is alleged that, in the aggregate, claims exceeding $900,000 have been asserted against the required
$500,000 payment. Reorganized debtor Terry Lee Fleming, Sr. seeks to interplead the
$500,000.
The Court does not view the events described in the preceding paragraph as an
2:00 PM
obstacle to the approval of a final fee application.
HLI argues that it has valid and perfected liens over all or substantially all the cash held by Mr. Fleming, Sr. and that the use of these funds to pay the attorneys’ fees of Mr. Fleming, Sr.’s bankruptcy counsel would violate its lien rights. Bosley & Till contends in its reply that HLI is adequately protected by springing security interests created under the confirmed plan of reorganization. The Court in fact found in confirming the plan that HLI was adequately protected by such security interests.
The Court will approve attorneys’ fees of $290,557.25 and costs of $26,959.99 on a final basis.
BOSLEY & TILL TO LODGE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
Hrg. on approval trustee's final report; applications for compensation
Docket 23
The Court will grant and allow:
Trustee's fees: $813.00 Trustee's expenses: $0
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Bianca Nadine Loya Represented By Julie J Villalobos
Trustee(s):
Howard B Grobstein (TR) Pro Se
2:00 PM
Hrg. on Order to Show Cause as to why Debtor should not be held in contempt of court for failing to comply with court orders
Docket 109
The Court will grant the motion and set the OSC hearing for September 17, 2019 at 2:00 p.m.
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 Tinho Mang
9:00 AM
Hrg. on Chapter 11 Status Conference (cont. from 4/25/19)
Docket 0
The Court will inquire into Debtor's performance under the plan and the status and estimated timing of the appeal of the plan confirmation order.
Next status conference: November 25, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
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 4/25/19)
Docket 1
The Court will stay this adversary proceeding until resolution of the appeal of the Court's order confirming Debtor's chapter 11 plan.
The status conference is continued to January 15, 2020 at 9:00 a.m. An updated status report is due December 31, 2019.
COURT TO PREPARE ORDER.
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
9:00 AM
Frederick M. Reich Martin A Eliopulos Grant G. Teeple
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;
10-17-18; 1-30-19; 6-26-19
Docket 8
This case is now over two years old. The Court will inquire into Debtor's (1) compliance with U.S. Trustee guidelines and requirements and (2) expectations with respect to filing a plan and disclosure statement by the November 30, 2019 deadline. The Court is unlikely to move this deadline.
Next status conference: December 4, 2019 at 9:00 a.m. Status report due November 20, 2019.
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 (Petition filed 5/2/17)
FR: 7-5-17; 11-15-17; 3-7-18; 6-13-18; 10-24-18; 12-12-18; 1-23-19; 3-13-19;
6-26-19
Docket 0
The Court will inquire into Debtors' compliance with U.S. Trustee's guidelines and requirements; (2) the current status of Debtors' overall payment obligations to Mr. Neskovic under the terms of the confirmed chapter 11 plan; and (3) Mr. Neskovic's views with respect to matter (2).
The date of the next status conference is 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
Adv#: 8:18-01075 Street v. Greer et al
Hearing RE: Motion For Relief From Entry Of Default (Motion filed 6/27/19)
(Set per Response filed 7/12/19)
Docket 91
The Court will re-set the hearing on Ms. Biden's pending motion to dismiss for October 9, 2019 at 9:00 a.m. The Court clarifies that no default has been entered against Defendants in this adversary proceeding.
COURT TO PREPARE ORDER.
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Phillip Barry Greer Represented By Phillip Greer
Richard A. Marshack Represented By Ryan D O'Dea
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 O'Dea
9:00 AM
Adv#: 8:19-01072 Aiken v. Rojo
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint -
Dischargeability Of A Debt
[FRBP Rule 7001(6); 11 U.S.C Section 727(a)(4)(A)]
(Complaint filed 4/18/19) FR: 7-17-19
Docket 1
- NONE LISTED -
Debtor(s):
Lucy Ann Carmelita Rojo Represented By Jeffrey B Smith
Defendant(s):
Lucy Ann Carmelita Rojo Pro Se
Plaintiff(s):
Jami Aiken Represented By
Greg W Garrotto
Trustee(s):
Karen S Naylor (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 6/20/19)
Docket 59
The Court will inquire into the Debtor's compliance with U.S. Trustee's guidelines and requirements.
Next status conference: November 25, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
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; 8-29-18; 6-19-19
Docket 1
- NONE LISTED -
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
Defendant(s):
Deborah Barkat Pro Se
Danielle Barkat Turner Pro Se
Sivan Barkat Sherman Pro Se
Sidan Engineering, L.P. Pro Se Modern VideoFilm Holdings, LLC Pro Se
9:00 AM
Moshe Barkat Pro Se
Plaintiff(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
Adv#: 8:18-01189 Labor Commissioner, State of California v. Balsamo
Hearing RE: Plaintiff California Labor Commissioner's Motion To Compel Defendant's Initial Disclosures, Document Request Responses And Responsive Documents And Request For Sanctions
(Motion filed 7/28/19)
Docket 43
Defendant James Balsamo ("Mr. Balsamo") has failed to timely file an opposition to the Labor Commissioner’s motion by the revised deadline of August 19, 2019.
Pursuant to Local Bankruptcy Rule 9013-1(h), the Court may deem failure to file a timely opposition to a motion to be consent to the granting of the motion. The Court so deems Mr. Balsamo’s failure to file a timely opposition and therefore determines he has consented to the granting of the motion.
As an independent, alternative ground of decision, the Court grants the Labor Commissioner’s motion for the reasons set forth in the motion. The Court specifically finds that there has occurred in this adversary proceeding significant and continuing noncompliance with discovery rules by Mr. Balsamo.
The Court orders Mr. Balsamo to (1) serve complete, certified initial disclosures on plaintiff Labor Commissioner on or before August 28, 2019; (2) serve complete, verified responses to plaintiff Labor Commissioner’s Request for Production of Documents (Set One) and to produce any and all documents responsive to these requests to plaintiff Labor Commissioner on or before September 4, 2019, and (3) to pay monetary sanctions of $7,200.00 to plaintiff Labor Commissioner on or before September 11, 2019. Any material failure to comply with such order is likely to result in the imposition of terminating sanctions in the form of the striking of Mr. Balsamo’s
9:00 AM
answer and the entering of his default.
Debtor(s):
James Russell Balsamo Represented By Joseph M Tosti
Defendant(s):
James Russell Balsamo Pro Se
Plaintiff(s):
Labor Commissioner, State of Represented By Phoebe P Liu
Trustee(s):
Richard A Marshack (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 6/20/19)
(Tele. appr. Kurt E. Ramio, rep. Plaintiff, Ch 7 Trustee Todd A. Frealy)
Docket 1
The Court will inquire into the status of this adversary proceeding. The date of the next status conference is to be determined.
COURT TO PREPARE ORDER.
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#: 6:18-01165 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;
(3) Recovery of Avoided Transfer Pursuant to 11 U.S.C. § 550 Nature of Suit: (12 (Recovery of money/property - 547 preference))
(Cont. from 11/15/18)
Docket 1
- NONE LISTED -
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
Joint Debtor(s):
Christine Diane Fee Represented By Suzette Douglas
9:00 AM
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#: 6:18-01081 Escontrias v. Hageman et al
PRE-TRIAL 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)
(Cont. 5/21/19)
Docket 1
- NONE LISTED -
Debtor(s):
Christopher Allen Hageman Represented By Roland D Tweed
Defendant(s):
Christopher Allen Hageman Pro Se
Crystal Dee Hageman Pro Se
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
9:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Adv#: 6:18-01229 Grobstein v. Humphries
STATUS CONFERENCE re: Complaint by Howard B. Grobstein against Suzanne Humphries. (Charge To Estate). ($350.00) - Complaint for: (1) Avoidance of Fraudulent Transfer; (2) Recovery of Avoided Transfers; (3) for Declaratory Relief; and (4) Turnover of Property - Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))
(Cont. from 6/20/19)
Docket 1
- NONE LISTED -
Debtor(s):
Shelly Lynn Tholander-Turner Represented By Robert L Firth
Defendant(s):
Suzanne Humphries Represented By George A Bilal
Plaintiff(s):
Howard B. Grobstein Represented By Anthony A Friedman
Trustee(s):
Howard B Grobstein (TR) Represented By Anthony A Friedman
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; 12-12-18; 5-31-19
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
Hrg. on Emergency Motion filed 9/3/19 for Use of Cash Collateral
Docket 5
The Court will confirm that RVT is offering adequate protection in the form of a replacement lien in the Replacement Collateral. If so, the Court will grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
RVT Inc Represented By
Julie J Villalobos
9:00 AM
Hrg. on Emergency Motion filed 9/3/19, for Post-Petition Financing Agreement (OST signed and entered on 9/4/19)
Docket 8
The Court will inquire into the nature of the relationship between RVT and the postpetition lender, Advance Capital Solutions, LLC.
Will the lien granted to Advance Capital Solutions prime the Replacement Liens or be pari passu with them? Is "interest" under the agreement limited to the 5% discount?
The Court is inclined to grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
RVT Inc Represented By
Julie J Villalobos
9:00 AM
CONT'D Motion for relief from stay [Real Property]
U.S.Bank, National Association As Legal Title Trustee For Truman 2016 SC6 Title Trust vs. DEBTOR
(Motion filed 6/27/19)
[RE: 16842 Aries Drive, Yorba Linda, CA 92886]
FR: 8-5-19
Docket 44
The Court will grant the motion under § 362(d)(1) unless Debtors are current on the US Bank Trust loan by the date of the hearing.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Alberto Carlos Jimenez Represented By Bryn C Deb
Joint Debtor(s):
Sharon Rivera Jimenez Represented By Bryn C Deb
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
9:00 AM
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 8/2/19)
[RE: 9225 Inglewood Drive, Potomac, MD 20854]
Docket 316
The Court will grant the motion under § 362(d)(1) and (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Chester Davenport Pro Se
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
9:00 AM
Motion for relief from stay [Personal Property]
Medley Capital Corporation, In Its Capacity As Agent And Lender vs. DEBTOR (Motion filed 8/9/19)
[RE: Various Assets Of The Debtor Pledged As Collateral To The Movant, As Agent, Including Commercial Tort Claims]
Docket 195
- NONE LISTED -
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
9:00 AM
Motion for relief from stay [Real Property]
Lakeview Loan Servicing, LLC vs. DEBTORS (Motion filed 8/18/19)
[RE: 4 Cecil Pasture Road, Ladera Ranch, CA 92694-0600]
Docket 41
The Court will grant the motion under § 362(d)(1) and terminate the co-debtor stay.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Kirolous A. Awad Represented By Tina H Trinh
Joint Debtor(s):
Maria Awad Represented By
Tina H Trinh
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
W+D North America, Inc. vs. DEBTOR (Motion filed 8/20/19)
[RE: Equipment: Winkler+Dunnebier, 102 Envelope Manufacturing Machine, Serial No. 11147]
Docket 94
- NONE LISTED -
Debtor(s):
US Direct LLC Represented By Donald W Sieveke
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur
9:00 AM
Motion for relief from stay [Real Property]
Gil Demoura, A Married Man As His Sole And Separate Property To An Undivided 100.000% Interest vs. DEBTOR
(Motion filed 8/6/19)
[RE: 2043 East Vista Mesa Way, Orange, California 92867]
Docket 57
No tentative ruling.
Debtor(s):
Michael A. Souza Represented By
James D. Hornbuckle
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Ally Bank vs. DEBTOR (Motion filed 8/12/19)
[RE: 2019 Dodge Ram 1500 - VIN No.: 1C6RR6KT5KS515355]
Docket 43
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Enalasys Corporation Represented By Michael Jones Sara Tidd
9:00 AM
Motion for relief from stay [Personal Property]
Nissan Motor Acceptance Corporation vs. DEBTOR (Motion filed 8/9/19)
[RE: 2016 Nissan Versa - VIN No.: 3N1CE2CP6GL371523]
Docket 11
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Thomas Deus Represented By Andrew Nguyen
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Toyota Lease Trust vs. DEBTORS (Motion filed 7/25/19)
[RE: 2019 Lexus RX350 - 2T2ZZMCA3KC128634]
Docket 18
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Murat Atli Represented By
Timothy L McCandless
Joint Debtor(s):
Serap Atli Represented By
Timothy L McCandless
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
Back Bay University, LLC vs. DEBTOR (Motion filed 8/16/19)
[RE: 2220 University Drive, Newport Beach, CA 92660]
Docket 236
- NONE LISTED -
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
9:00 AM
Motion for relief from stay [Personal Property]
San Diego County Credit Union vs. DEBTOR (Motion filed 8/12/19)
[RE: 2011 BMW 3 Series - VIN No.: WBAPH5C52BF093242]
Docket 8
- NONE LISTED -
Debtor(s):
Nestor Vidal Orozco Represented By Darren J DiMarco
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
Vista Bella Apartments AV LLC vs. DEBTOR (Motion filed 8/14/19)
[RE: 6127 Capobella, Aliso Viejo, CA 92656]
Docket 9
The Court will grant the motion under § 362(d)(1) and (d)(2) and terminate the co- debtor stay.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Steffanie Brooks Aguilar Represented By Timothy McFarlin
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D 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) (Motion filed 5/20/19)
FR: 6-24-19; 7-15-19
Docket 71
The Court will inquire whether the passage of time, new developments in the case and the substitution of new Debtors' counsel have caused the U.S. Trustee to re-evaluate its position on whether this case should be dismissed or converted.
Debtor(s):
Allan Eli Gindi Represented By Michael R Totaro
Joint Debtor(s):
Carol June Gindi Represented By Michael R Totaro
2:00 PM
Hearing RE: Motion To Approve Compromise Pursaunt To Federal Rules Of Bankruptcy Procedure 9019
(Motion filed 8/8/19)
Docket 59
Hill Concrete Structures ("Debtor") moves for entry of a Court order (the "Motion") approving a proposed settlement between Debtor and creditor GBC Concrete and Masonry Construction, Inc. ("GBC"). Under the terms of the proposed settlement (if approved by the Court), Debtor would pay GBC $65,291 within ten business days of the Court’s approval of the settlement, and GBC would dismiss a lawsuit pending in Los Angeles County Superior Court.
The Motion is unopposed.
Debtor has shown that the proposed settlement satisfies the requirements of A & C Properties.
If the settlement had provided that GBC would receive an allowed general unsecured claim in the amount of $65,291, the Court would approve the settlement and grant the Motion. However, the proposed settlement appears to elevate the status of GBC’s claim to a kind of super-priority administrative claim that is to be paid outside of a plan of reorganization before all other claims in the case, including other administrative claims.
A review of GBC’s claim in the case as based upon GBC’s state court complaint shows that it is rooted in Debtor’s prepetition past and arises out of a written subcontract executed on or around August 8, 2017 – about one and one-half years
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before the filing of Debtor’s bankruptcy petition on January 21, 2019. Thus, it would appear to be a prepetition claim as opposed to some type of administrative expense.
The general rule is that a distribution on a prepetition debt in a chapter 11 case should not take place except pursuant to a confirmed plan of reorganization absent extraordinary circumstances. In re Air Beds, Inc., 92 B.R. 419, 422-24 (B.A.P. 9th Cir. 1988). See also Fed. R. Bankr. P. 3021. Nevertheless, some bankruptcy courts (usually outside the Ninth Circuit) permit certain types of prepetition claims to be paid outside of a confirmed plan of reorganization under the "necessity of payment" doctrine. Claims falling within this doctrine are critical vendor claims, prepetition wages of key employees, debts to providers of unique and irreplaceable supplies.
When prepetition wages are paid, the amount usually permitted to be paid is capped at the priority amount decreed under 11 U.S.C. § 507. See generally In re EcoSmart, Inc., 2015 Bankr. LEXIS 4244, Case No. 2:15-bk-27139-RK (Bankr. C.D. Cal., Dec. 18, 2015); LBR 2018-1(a)(6), (8).
The Motion fails to make any showing that this Court can approve a settlement with a creditor holding a prepetition claim in a chapter 11 case requiring an essentially immediate payment outside of a confirmed chapter 11 plan of reorganization (and without regard for the priorities of claims in chapter 11 cases established by the Bankruptcy Code). The Court therefore continues this hearing to October 10, 2019 at 2:00 p.m. for briefing on this issue. Debtor’s brief is due September 25, 2019.
COURT TO PREPARE ORDER.
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
Movant(s):
Hill Concrete Structures Represented By Michael Jones
2:00 PM
Sara Tidd
2:00 PM
Hearing RE: Motion To Be Relieved As Counsel For Debtor (Motion filed 7/30/19)
Docket 84
The Court will grant the motion.
MR. SIEVEKE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
US Direct LLC Represented By Donald W Sieveke
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
Hearing RE: Motion To Vacate Order Dismissing Bankruptcy Case (Motion filed 7/24/19)
Docket 21
- NONE LISTED -
Debtor(s):
Alma D. Espinach Represented By Bryn C Deb
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Aldridge Pite, LLP - movant attorney Motion for relief from Stay
Select Portfolio Servicing Inc vs DEBTOR (Motion filed 8/6/19)
RE: 7413 Maggie Lane, Corona, California 92880
Docket 14
The Court will grant the motion under § 362(d)(1) and (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Nixon Tiangco Sy Represented By Rex Tran
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
The Wolf Firm, A Law Corporation - movant attorney Motion for Relief from Stay
NewRez LLC vs. DEBTORS (Motion filed 8/8/19)
Re: 42928 Beamer Court, Temecula, CA 92592
Docket 20
The Court will grant the motion under § 362(d)(1) and (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Germaine A Sparman Represented By Paul Y Lee
Joint Debtor(s):
Nicole L Sparman Represented By Paul Y Lee
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
First Investors Financial Services, Inc. vs. DEBTORS, Karl T. Anderson, trustee (Motion filed 8/9/19)
Re: 2015 FORD ESCAPE VIN 1FMCU0G73FUB41226
Docket 13
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ira Morris Cobert Represented By James P Doan
Joint Debtor(s):
Silvia Catalina Cobert Represented By James P Doan
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTORS (Motion filed on 8/5/19)
RE: 2017 TOYOTA PRIUS, VIN: JTDKARFPXH3053474
Docket 12
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 Eugene Avila Pro Se
Joint Debtor(s):
Juliana Marie Avila Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Daimler Trust vs. DEBTOR, Arturo Cisneros, trustee (Motion filed 7/29/19)
Re: 2016 MERCEDES-BENZ C450W4 VIN 55SWF6EB9GU129029
Docket 10
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Genaro Cerda Flores Jr. Represented By Kristin R Lamar
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Americredit Financial Services, Inc. vs. DEBTOR, Arturo Cisneros, trustee (Motion filed 8/14/19)
Re: 2018 CHEVROLET MALIBU VIN 1G1ZD5ST2JF270967
Docket 9
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Deseri Elaine Galindo Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
First Investors Financial Services, Inc. vs. DEBTOR, Larry D. Simons, trustee (Motion filed 8/9/10)
Re: 2012 CHEVROLET CAPTIVA SPORT VIN 3GNAL3E59CS63607
Docket 10
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ricky Ron Selanders Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Mercedes-Benz Financial Services USA LLC vs. DEBTOR, Karl T. Anderson, trustee
(Motion filed 7/30/19)
Re: 2013 Mercedes-Benz C250W, VIN: WDDGF4HB4DR272326
Docket 12
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mercedes Loyrrain Short Represented By Nicholas M Wajda
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Tiffany & Bosco - movant attorney Motion for Relief from Stay
Bank of America vs. DEBTORS (Motion filed 8/14/19)
Re: N 2016 RAM 1500; VIN NO. 3C6JR6AT9GG185118
Docket 10
The Court will grant the motion under § 362(d)(1) and (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Angel Jimenez Rodriguez Represented By
James Geoffrey Beirne
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Tenia Law, Inc. - movant attorney Motion for Relief from Stay
The JMM Revocable Trust Dated July 15, 2014 vs. DEBTOR (Motion filed 8/15/19)
Re: 13220 Ballestros Ave., Chino, CA 91710
Docket 8
The Court will grant the motion under § 362(d)(1) and (d)(4) and grant § 362(d)(4) relief.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Alberto Mercado Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
Hrg. on Debtor's Motion for Order to Release Funds to Debtor and close case (Cont. from 8/6/19)
Docket 19
Reth Neang ("Neang") purchased a 2007 Nissan Pathfinder on or about July 19, 2007 and obtained purchase financing through Wells Fargo Auto (the "WF Loan"). The evidence before the Court, consisting of business records of Wells Fargo Auto, shows various transactions relating to the loan between the dates of July 25, 2007 and June 23, 2011. Neang filed a chapter 7 petition on April 7, 2014 and received a discharge
on July 21, 2014. The case was closed on July 22, 2014.
In or around March 2019 chapter 7 trustee Lynda Bui (the "Trustee") received correspondence from Wells Fargo Auto stating that Wells Fargo Auto had improperly charged collateral protection insurance to Neang’s account with respect to the WF Loan. Wells Fargo thereupon paid $5,176.36 to the Trustee as a refund of the improper charges. In connection with these events, the Court granted the Trustee’s motion to reopen the Neang chapter 7 case so that the Trustee could administer these newly-acquired funds as required by bankruptcy law.
The case was reopened on or about May 23, 2019.
Neang now moves for entry of a Court order (the "Motion") requiring the Trustee to pay the $5,176.36 to Neang (and, following such payment), to close the case. Neang argues in the Motion that the funds in question are not bankruptcy estate property under 11 U.S.C. § 541 because they were not available to Neang at the time the
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bankruptcy petition was filed in 2014.
11 U.S.C. § 541(a) provides that the bankruptcy estate is comprised of all legal or equitable interests of the debtor in property as of the commencement of the case (i.e., the petition date). The extent of the debtor’s interests in property is independent of, and not related to, the debtor’s knowledge (or anyone else’s knowledge) of what rights or interests the debtor possesses. If a debtor has a property interest as of the case’s commencement date – whether or not the debtor (or anyone else) knows of such property interest’s existence – such property becomes bankruptcy estate property by operation of 11 U.S.C. §541(a).
Here, it appears that neither Neang nor the Trustee nor even Wells Fargo Auto knew that Wells Fargo Auto owed Neang $5,176.36 as of Neang’s petition date in 2014.
Nevertheless, such property right existed at that time because it arose from prepetition transactions, namely, Neang’s loan from Wells Fargo Auto during the period
20017-2011. To phrase this differently, the right to the refund in no way arose from loan transactions (or any other kind of transactions) occurring after the petition date.
Because the Neang’s property right to a refund of $5,176.36 from Wells Fargo Auto existed immediately before Neang filed a bankruptcy petition on April 7, 2014, the right became bankruptcy estate property under 11 U.S.C. § 541(a).
For these reasons, the Court denies the Motion with prejudice. It is, however, the Court’s intention to again close the case in due course after the Trustee has fully administered the refund.
Debtor(s):
Reth Neang Represented By
Yolanda Flores-Burt
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 8/14/19 to Sell Property of the Estate Free and Clear of Liens under Section 363(f)
Docket 109
The Court will grant the motion, except that bidding increments will be $2,000 instead of $1,000.
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
9:00 AM
Adv#: 8:19-01072 Aiken v. Rojo
Hearing RE: Motion To Dismiss First Amended Adversary Complaint (Motion filed 8/15/19)
Docket 17
Plaintiff Jami Aiken ("Ms. Aiken"), a former patient of naturopathic doctor and chapter 7 debtor Lucy Ann Rojo ("Ms. Rojo"), filed a first amended complaint (the "Complaint") asking the Court to deny Ms. Rojo a discharge on the ground that Ms. Rojo made a false oath in connection with this case. 11 U.S.C. §727(a)(4)(A).
The alleged false oath relates to the scheduling by Ms. Rojo (under penalty of perjury) on Schedule E/F of a creditor by the name of Mike Vaccaro. Specifically, Schedule E/ shows nonpriority creditor Mike Vaccaro, 3540 Lemon Avenue, Long Beach, CA 90807 as holding an unliquidated, disputed claim (not subject to offset). He is described on the Schedule as a "Potential Patient Claimant." Further, the Schedule states "Disputed Claim from patient. Debtor uncertain if claim will or could be pursued by patient. Listed in an abundance of caution."
The Complaint alleges that in fact no claim had been made by Mike Vaccaro and "there was no reasonable basis for Defendant to assert that said debt existed".
Complaint at page 7 of 9. Read liberally, the Complaint alleges that by scheduling a disputed claim of Mike Vaccaro Ms. Rojo was attempting to artificially enlarge her claimed debts so that she could obtain a discharge of her liability to Ms. Aiken.
Ms. Rojo moves to dismiss the Complaint under Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012 for failure to state a claim upon which relief can be granted. She argues that the Complaint does not allege a materially false statement because a debtor
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does not need to have more than one creditor to receive a discharge. Her second argument is that the Complaint does not factually allege that Schedule E/F and her 341(a) meeting testimony cannot be reconciled without one being false.
In the abstract, one can imagine a case where a debtor, in an effort to dissuade creditors from inquiring too closely into the case or expecting any significant distribution, falsely schedules a creditor holding a huge priority claim that does not in fact exist. For example, in a case where total estate assets were under $100,000, a debtor might schedule an IRS eighth priority claim of over $1 million. If this were false and known by the debtor to be false because the debtor knew he owed nothing to the IRS and were scheduled for the purpose described above, it would be a basis for denying the debtor a discharge on the ground of a false oath.
One can also imagine a case where a misinformed debtor intentionally lies in preparing Schedule E/F to solve a problem that does not really exist. For example, assume a debtor is misinformed and incorrectly believes that he is not eligible for a discharge unless he has at least five creditors. In fact, he only has two creditors, and therefore he lists three totally fictitious creditors on Schedule E/F.
It may be contended that the addition of totally fictitious creditors does not satisfy the materiality requirement of a false oath because such creditors, being fictitious, would not participate in any distribution from the bankruptcy estate. However, the Court does not regard this as the proper interpretation of the materiality requirement for a false oath. Nor does the debtor’s belief as to why lying is necessary for the achievement of the debtor’s objectives – eligibility for a discharge, for example – have any bearing upon materiality. Materiality instead relates to the effect of a false oath on the entirety of the bankruptcy case, encompassing things like creditor expectations, actual or projected distributions to creditors, and the like. Here, the allegation that Ms. Rojo added a non-existent creditor (i.e., Mike Vaccaro) to Schedule E/F for the purpose of "knowingly and intentionally increasing her debt," Complaint, page 7 of 9, line 26, satisfies materiality as a pleading matter for the reasons described above.
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For these reasons, the Court rejects Ms. Rojo’s argument that the materiality requirement is not satisfied because her alleged belief that she needed more than one creditor to qualify for a bankruptcy discharge is incorrect as a matter of bankruptcy law.
Ms. Rojo’s also argues that the Complaint fails to allege that Schedule E/F and Ms. Rojo’s 341(a) testimony cannot be reconciled without one being false. The Court agrees with Ms. Rojo that there is no necessary inconsistency between the Schedule and the testimony. However, the Court does not read the Complaint to be relying solely upon the allegation that the 341(a) testimony was false in proving up Ms.
Aiken’s case. The Court instead reads the Complaint as asserting that the section 341(a) testimony is a piece of evidence Ms. Aiken intends to use in proving that Ms. Rojo made a false oath on Schedule E/F. For these reasons, the Court rejects Ms.
Rojo’s second argument. The Motion is denied.
Although the Court subsequently will hold a status conference following which it will issue a scheduling order establishing discovery and pretrial motion deadlines, the Court believes this adversary proceeding is especially suited for a brief trial in relatively short order where Ms. Rojo testifies and is cross-examined as to Mike Vaccaro and her reasons (or the absence thereof) for believing Vaccaro had a potential claim in this case. If the Court determines that either party in this case has made allegations that have little or no foundation, the Court will carefully examine the extent to which it can properly impose monetary sanctions (including but not limited to an award of attorneys’ fees and costs) on the non-prevailing party.
Debtor(s):
Lucy Ann Carmelita Rojo Represented By Jeffrey B Smith
Defendant(s):
9:00 AM
Lucy Ann Carmelita Rojo Represented By Jeffrey B Smith
Plaintiff(s):
Jami Aiken Represented By
Greg W Garrotto
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
Adv#: 8:19-01110 American Express National Bank v. Aguiluz
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt
(Complaint filed 6/10/19)
(Another summons issued 6/25/19)
Docket 1
- NONE LISTED -
Debtor(s):
Amable Paolo Mendoza Aguiluz Represented By
Brian J Soo-Hoo
Defendant(s):
Amable Paolo Mendoza Aguiluz Pro Se
Plaintiff(s):
American Express National Bank Represented By
Dennis C. Winters
Trustee(s):
Weneta M Kosmala (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 7-3-19
Docket 27
- NONE LISTED -
Debtor(s):
Lorraine Jeanette Ortiz Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 8-7-19
Docket 31
- NONE LISTED -
Debtor(s):
David Cary Elkins Represented By Gerald S Kim
Joint Debtor(s):
Leigh Anne Elkins Represented By Gerald S Kim
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 8-7-19
Docket 2
- NONE LISTED -
Debtor(s):
Manuel Figueroa Represented By Andrew Moher
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 8-7-19
Docket 15
- NONE LISTED -
Debtor(s):
Debora Renee Huschka Represented By Brian J Soo-Hoo
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 8-7-19
Docket 24
- NONE LISTED -
Debtor(s):
Eric Paklun Fong Represented By Nicholas W Gebelt
Joint Debtor(s):
Monica Nicole Fong Represented By Nicholas W Gebelt
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 47
- NONE LISTED -
Debtor(s):
Bret Morris Represented By
Joseph W Creed
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 11
- NONE LISTED -
Debtor(s):
Leslie Brock Represented By
Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 7
- NONE LISTED -
Debtor(s):
Leann Terese Hardwick Represented By Jacqueline D Serrao
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 11
- NONE LISTED -
Debtor(s):
Andrea Mythanh Le Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 15
- NONE LISTED -
Debtor(s):
Luis Daniel Ochoa Represented By Anerio V Altman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 11
- NONE LISTED -
Debtor(s):
Donald Louis Pearce Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Motion For Order Dismissing Chapter 13 Proceeding For Failure To Complete The Plan Within Its Terms
[11 U.S.C. Section 1307(c)]
(Motion filed 7/11/19)
(Notice of Opposition filed 7/24/)
(Set per Notice of Hearing filed 7/24/19)
Docket 82
- NONE LISTED -
Debtor(s):
Alejandro Chavez Represented By Bryn C Deb
Joint Debtor(s):
Francisca Ledesma Chavez 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 8/6/19)
(Notice and Opposition filed 8/16/19)
Docket 72
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 Jaime A Cuevas Jr.
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 7/3/19)
(Response filed 7/12/19) (Notice of Hearing filed 7/12/19)
Docket 80
The Court will deny the motion as moot in view of the order entered August 28, 2019 modifying the plan.
COURT TO PREPARE ORDER.
Debtor(s):
Mike J. Amaral Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D 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
(Motion filed 6/10/19) FR: 8-7-19
Docket 25
- NONE LISTED -
Debtor(s):
Tracy Phuong- Dong Do Represented By Sunjay Bhatia
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Objection To Debtor's Claims Of Exemption (Objection filed 8/8/19)
Docket 64
The Court will grant the motion.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ernesto Rafael Montalvo Represented By Claudia C Osuna
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Motion To Vacate Dismissal And Reinstate Chapter 13 Case (Motion filed 8/26/19)
(Set per Notice of Hearing filed 8/27/19) (Trustee's Comments filed 8/27/19)
Docket 23
- NONE LISTED -
Debtor(s):
Jay Mandel Fontenot Represented By Krystina T Tran
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 8/6/19)
(Opposition filed 8/30/19) (Notice of Hearing filed 8/30/19)
Docket 64
The Court will deny the motion for the reasons argued by the Chapter 13 Trustee.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael Carlisle Represented By Julie J Villalobos
Joint Debtor(s):
Elizabeth Carlisle Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 6:19-01066 Pringle v. The North River Insurance Company et al
Hrg. on Debtors' Motion filed 8/12/19 to Quash and Vacate Judgment entered on July 3, 2019
Docket 32
The hearing is moot in view of the Court's September 4, 2019 order denying the motion.
Debtor(s):
Enriquez Q Amezcua Pro Se
Defendant(s):
The North River Insurance Company Pro Se United States Fire Insurance Pro Se
Plaintiff(s):
John P. Pringle Represented By
Michelle A Marchisotto
Trustee(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
9:00 AM
Adv#: 6:19-01108 Fleming Sr v. Fleming Jr et al
Hrg. on Motion filed by Teeple Hall LLP on 8/21/19 to Dismiss Plaintiff's Complaint
Docket 5
The motions to dismiss the original complaint are moot in view of the filing of an Amended Complaint on August 28, 2019. No party has objected that the filing of the amended complaint is unauthorized under FRCP 15.
COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Terry Lee Fleming Jr Represented By Andrew Still
Havasu Lakeshore Investments Pro Se
Jean Victor Peloquin Pro Se
Victor Construction, Inc. Pro Se
Teeple Hall LLP Represented By Frederick M Reich
Hart King Pro Se
Donald Hamman Pro Se
9:00 AM
Donna Bader Pro Se
Higgs Fletcher & Mack LLP Represented By Martin A Eliopulos
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Adv#: 6:19-01108 Fleming Sr v. Fleming Jr et al
Hrg. on Defendant, Donald Hamman's Motion filed 8/22/19 to Dismiss Adversary Proceeding
Docket 10
The motions to dismiss the original complaint are moot in view of the filing of an Amended Complaint on August 28, 2019. No party has objected that the filing of the amended complaint is unauthorized under FRCP 15.
COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Terry Lee Fleming Jr Represented By Andrew Still
Havasu Lakeshore Investments Pro Se
Jean Victor Peloquin Pro Se
Victor Construction, Inc. Pro Se
Teeple Hall LLP Represented By Frederick M Reich
Hart King Pro Se
Donald Hamman Pro Se
9:00 AM
Donna Bader Pro Se
Higgs Fletcher & Mack LLP Represented By Martin A Eliopulos
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Adv#: 6:19-01022 Kendrick-Patterson v. Kendrick
STATUS CONFERENCE re: Complaint by Regena M Kendrick-Patterson against Alfred Jake Kendrick . (d),(e))) ,(68 (Dischargeability - 523(a)(6), willful and malicious injury)) ,(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud))
(Cont. from 4/18/19)
Docket 1
- NONE LISTED -
Debtor(s):
Alfred Jake Kendrick Represented By
Rabin J Pournazarian
Defendant(s):
Alfred Jake Kendrick Pro Se
Plaintiff(s):
Regena M Kendrick-Patterson Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 8/8/19)
Docket 0
The Court will inquire into Debtor's compliance with U.S. Trustee's guidelines and requirements and whether Debtor's counsel's employment application is unopposed.
Next status conference: November 13, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Michael A. Madrid Represented By
Benjamin A Yrungaray
9:00 AM
Hrg. on Chapter 11 Status Conference
Docket 0
The Court will inquire into Debtor's compliance with U.S. Trustee's guidelines and requirements and will ask Debtor's counsel to provide the Court with a description of Debtor's business, what led to the bankruptcy filing and how Debtor's counsel sees the case proceeding.
Next status conference: November 6, 2019 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Silver Lakes Resort Lodge Interval Represented By
Teresa A. Blasberg
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 8/14/19 Between Debtor and Capital One Auto Finance, a division of Capital One
Docket 17
- NONE LISTED -
Debtor(s):
Kim E Stonier Pro Se
Joint Debtor(s):
Constance J Stonier Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Mechanics Bank, in the amount of $6,342.87
Re: 2011 Nissan Versa
Docket 13
The Court will disapprove the agreement as not in Debtors' best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Philip John Palomino Represented By
M. Wayne Tucker
Joint Debtor(s):
Miranda C Palomino Represented By
M. Wayne Tucker
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Bank of the West, in the amount of $26,839.02
Re: 2013 Ford Explorer
Docket 12
The Court will disapprove the agreement as not in Debtors' best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Abel Gonzalez Arreola Represented By Omar Zambrano
Joint Debtor(s):
Julia Yulima Delgadillo Ramirez Represented By
Omar Zambrano
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and OneMain financial Group, LLC, in the amount of $4805.16
Re: 2004 Ford F-150
Docket 14
The Court will disapprove the agreement as not in Debtors' best interest, especially in view of the 12% interest rate.
COURT TO PREPARE ORDER.
Debtor(s):
Miguel Angel Pardo Represented By Daniel King
Joint Debtor(s):
Yukary Pardo Represented By Daniel King
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Hearing RE: Request For Reconsideration And Clarification Of The Court's Ruling Granting Chriss Street Relief From The Automatic Stay In This Matter (Motion filed 7/23/19)
Docket 66
- NONE LISTED -
Debtor(s):
Phillip Barry Greer Represented By Phillip Greer
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D O'Dea
9:00 AM
Motion for relief from stay [Real Property]
U.S. Bank National Association, As Trustee For Lehman XS Trust Mortgage Pass-Through Certificates, Series 2007-7N vs. DEBTOR
(Motion filed 8/19/19)
[RE: 523 Hampton Street, Anaheim, CA 92801]
Docket 23
- NONE LISTED -
Debtor(s):
Carrie Jean Heckel Represented By Paul S Nash
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
CONT'D RE: Evidentiary Hearing RE: Motion for relief from the automatic stay [REAL PROPERTY] As To Whether Any Payments Have Been Missed
Deutsche Bank National Trust Company FKA Bankers Trust Company Of California, N.A., As Trustee For The Holders Of AAmes Mortgage Trust, 2002-2 vs. DEBTOR
(Motion filed 6/18/19)
(Evidentiary Hearing set at hearing held 7/15/19)
[RE: 3018 South Manitoba Drive, Santa Ana, CA 92704]
FR: 7-15-19
Docket 88
- NONE LISTED -
Debtor(s):
Felix Martinez Represented By Joseph A Weber Fritz J Firman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
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) (Motion filed 8/14/19)
Docket 64
- NONE LISTED -
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
2:00 PM
CONT'D Hearing RE: Trustee's Objection to Debtor's Claim of Exemption (Objection filed 7/5/19)
FR: 8-5-19
Docket 0
- NONE LISTED -
Debtor(s):
Raymond L Lamy Represented By Antonio John Ibarra
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
2:00 PM
Hearing RE: Official Committee Of Unsecured Creditors' Motion For Order Approving Settlement Between The Committee, Pension Benefit Guaranty Corporation, Aaron B. Kushner And Eric J. Spitz
(Motion filed 8/21/19)
Docket 1565
- 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
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs DEBTOR, Charles W. Daff, Trustee (Motion filed 8/15/19)
RE: 2013 NISSAN ALTIMA VIN 1N4BL3AP7DN557290
Docket 7
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Karla Yajaira Avila Represented By Harriet L. Goldfarb
Trustee(s):
Charles W Daff (TR) Pro Se
2:00 PM
Hrg. on Trustee's Final Report and Applications for Compensation
Docket 43
The Court will grant and allow:
Trustee's fees: $1,799.32 Trustee's expenses: $149.37 Shulman Hodges fees: $20,416.93
Shulman Hodges expenses: $1,115.59
In the event additional funds come into the estate (unlikely as that may be), the Court will permit renewed fee applications with respect to unrecovered fees of the trustee and trustee's counsel.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Anthony Lorenzo Marcelo Represented By Daniel King
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Elyza P Eshaghi Brandon J Iskander Lynda T Bui
2:00 PM
Hrg. on Order to Show Cause why Minh Cong Dang (a.k.a. Ming M. Dang) should not be held in Contempt of Court for knowingly violating the discharge injunction
(Cont. from 8/13/19)
Docket 0
The hearing will proceed instead on October 21, 2019, as stated in the Court's Order After Hearing entered on September 4, 2019 (docket #37).
Debtor(s):
Joseph Edward Putney Represented By Jenny L Doling Summer M Shaw
Joint Debtor(s):
Julie Anna Putney Represented By Jenny L Doling Summer M Shaw
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg. on Debtors' Motion to Avoid Judicial Lien with Jamie Taylor (Cont. from 5/21/19)
Docket 29
Chapter 7 Debtors Val and Katherine Simon ("Debtors") move to avoid a judicial lien held by Jamie Taylor on a personal injury settlement (the "Subject Property") in the amount of $80,000 pursuant to 11 U.S.C. § 522(f) (the "Motion").
The basis for avoiding such lien is that the lien purportedly impairs an exemption in the property subject to the lien. The Court previously sustained Jamie Taylor’s objection to Debtors’ claim of exemption in the Subject Property. Order Sustaining Objection to Exemption, Docket No. 48, filed and entered October 30, 2018 (the "Exemption Order"). Debtors took an appeal of the Exemption Order to the United States District Court for the Central District of California (the "District Court"). The District Court subsequently rendered a decision affirming the Exemption Order.
Because the exemption in the Subject Property has been disallowed, it follows that Jamie Taylor’s lien in the Subject Property is not impairing any exemption of Debtors.
The Motion is denied with prejudice.
JAMIE TAYLOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Val James Simon Represented By Todd L Turoci
2:00 PM
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
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; 9-5-18; 1-9-19;
3-27-19; 5-29-19
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#: 8:18-01174 Chappell et al v. Chappell et al
CONT'D 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)
FR: 12-12-18; 5-8-19
Docket 1
The Court will inquire whether the Chapter 7 Trustee continues to oppose the settlement reached through mediation or whether the parties are agreed that the Court should approve the settlement.
The date of the next status conference is to be determined. 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
9:00 AM
Stephen E Olear
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
Adv#: 8:19-01128 Tom Lange Company International, Inc. et al v. Mydland
STATUS CONFERENCE Hearing RE: Adversary Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(4) And 11
U.S.C. Section 523(a)(2) (Complaint filed 7/1/2019)
(First Amended Complaint filed 7/31/19)
Docket 6
The Court will issue a scheduling order:
All discovery shall close on March 31, 2020.
All discovery motions shall be heard before April 30, 2020.
All pretrial motions shall be heard before May 31, 2020.
Pretrial conference is set for June 17, 2020.
COURT TO PREPARE ORDER.
Debtor(s):
Eric Wayne Mydland Represented By
Bryant C MacDonald
Defendant(s):
Eric Wayne Mydland Pro Se
9:00 AM
Plaintiff(s):
Tom Lange Company International, Represented By
Bart M Botta
Corona-College Heights Orange & Represented By
Bart M Botta
Classic Harvest, LLC Represented By Bart M Botta
Trustee(s):
Richard A Marshack (TR) Pro Se
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; 11-14-18; 1-30-19; 6-24-19
Docket 78
- 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
CONT'D 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) FR: 11-14-18; 1-30-19; 6-24-19
Docket 226
- NONE LISTED -
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 12/27/16)
FR: 3-8-17; 8-2-17; 11-29-17; 3-28-18; 8-8-18; 12-12-18; 1-30-19; 6-24-19
Docket 1
- NONE LISTED -
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
9:00 AM
Adv#: 8:17-01012 Official Committee of Unsecured Creditors of Freed v. Kushner et al
Hearing RE: Defendants Richard J. Covelli, JTR, LLC, C2 Advisors, LLC, And C & C Marketing LLC's Motion For Summary Judgment
(Motion filed 7/29/19)
Docket 133
Factual Background
Freedom Communications, Inc. and its affiliated entities ("Debtors") owned and operated the Orange County Register, a major newspaper in Orange County. Debtors maintained a defined benefit plan (the "Pension Plan") for employee-participants.
Rights of employee-participants to distributions from the Pension Plan are insured by the Pension Benefit Guaranty Corporation ("PBGC").
After Debtors commenced this chapter 11 proceeding on or about November 1, 2015, the Official Committee of Unsecured Creditors (the "Committee") was appointed by the Office of the United States Trustee. Subsequently, Debtors assigned to the Committee Debtors’ choses in action against various parties including movants herein Richard J. Covelli, JTR, LLC, C2Advisors, LLC and C&C Marketing LLC (collectively, "Movants") for alleged wrongdoing involving the Pension Plan.
The Committee commenced an adversary proceeding on January 26, 2017 against Movants, Messrs. Kushner and Spitz and other parties (the "Adversary Proceeding"). The complaint alleges that Messrs. Kushner and Spitz breached their fiduciary duties by causing the Pension Plan to purchase life insurance-based investments as part of an ill-conceived scheme to make it appear that the Pension Plan was more funded than it actually was. (The scheme may have involved what is sometimes derogatorily
9:00 AM
referred to as "janitor insurance," that is, life insurance on persons other than key employees). The complaint also alleges that Movants facilitated the Pension Plan’s investments in the life insurance and earned commissions exceeding $10 million with respect to the sale and placement of such life insurance.
The Motion for Summary Judgment
Movants move for summary judgment (the "Motion") based upon two independent grounds for relief. First, they argue that the Committee has no standing because the Debtors suffered no injury in fact. Second, they argue that the Committee’s claim is barred by the doctrine of in pari delicto. Movants also seek summary judgment on certain fraudulent transfer claims.
As Movants see matters, although the Pension Plan may have lost money, Debtors suffered no injury by reason of the Pension Plan’s financial difficulties and what the Adversary Proceeding really amounts to is the Committee’s assertion of claims against Movants on behalf of the claim of the major creditor in the case, the PBGC. With respect to their second argument, Movants urge the Court to find that alleged bad acts by Messrs. Kushner and Spitz relating to the investment of Pension Plan assets are imputed to Debtors, thus barring the Committee (who holds the Debtors’ rights to bring this action) under the rule of in pari delicto.
The Procedural Setting of This Adversary Proceeding and the Motion
Discovery in this case is currently ongoing. Although 40 fact depositions have been identified by the parties, only 12 depositions have been completed. Fact discovery closes on November 29, 2019 and expert discovery closes on February 5, 2020.
Depositions of Messrs. Kushner, Spitz and Covelli as well as depositions of individuals and entities that worked with Mr. Covelli have yet to be taken.
The Declaration of Alan J. Kornfeld (the "Kornfeld Declaration"), Docket No. 150, filed August 28, 2019, establishes that (1) the Committee intends to depose Messrs. Kushner and Spitz, whose testimony may be material to their contention that these individuals are not "equally culpable" to Movants’ alleged intentional wrongdoing, (2)
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the Committee intends to depose Movants as well as numerous individuals or entities that assisted Movants, and (3) the Committee intends to depose the auditors of he Pension Plan and prepetition counsel to Debtors and to attempt to show that Debtors truly independent professional advisors played little role in connections with the Pension Plan transactions involving Movants that are alleged to be wrongful.
Application of Civil Rule 56(d)
Federal Rule of Civil Procedure 56(d) provides that if a non-movant shows by declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the Court may defer considering the motion or may deny it. Fed. R. Bankr. P. 7056, Fed. R. Civ. P. 56(d). The Committee urges the Court to apply Rule 56(d) and to determine that the Motion is premature.
The Court agrees with the Committee that the Motion is premature under Rule 56(d). Evidence elicited in the depositions of Messrs. Kushner, Spitz and Covelli may have a material bearing upon the in pari delicto argument raised in the Motion. Evidence provided by the Committee’s expert witness Elucidor LLC and its principal, Howard Zail, may bear upon Movants’ argument that the Debtors incurred no damages.
Evidence uncovered through the depositions of persons and entities who assisted Movants in their alleged scheme to defraud Debtors may have a bearing upon whether Movants engaged in intentional wrongful misconduct, thereby having a bearing upon their in pari delicto defense.
Conclusion
The Court denies the Motion without prejudice under Rule 56(d). No renewed motion for summary judgment may be filed by Movants prior to March 15, 2020.
Debtor(s):
Freedom Communications, Inc. Represented By
9:00 AM
William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Aaron Kushner Represented By Erinn M Contreras
Eric Spitz Represented By
Christopher B Queally James M Sabovich Raphael Cung
Richard J. Covelli Represented By Robert S Marticello Matthew T Furton
Traci M. Christian Represented By Matthew T Furton Brandon J Witkow
C & C Marketing LLC Represented By Robert S Marticello Matthew T Furton
C2 Advisors, LLC Represented By Robert S Marticello Matthew T Furton
Etaros Actuarial Services LLC Represented By Matthew T Furton Brandon J Witkow
JTR, LLC Represented By
Robert S Marticello Matthew T Furton
9:00 AM
Plaintiff(s):
Official Committee of Unsecured Represented By
Alan J Kornfeld Elissa A Wagner
9:00 AM
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) (set at s/c held 2-28-18) (S/C set at PTC held 12/19/18)
FR: 2-28-18; 10-24-18; 3-27-19
Docket 1
The Court will inquire into the status of the settlement documentation (apparently pending since March 2019).
The date of the next status conference is to be determined. 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
9:00 AM
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#: 8:17-01206 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; 12-12-18; 3-27-19
Docket 1
The status conference is moot, at least as a practical matter, in view of Plaintiff's September 5, 2019 notice of the dismissal of this case without prejudice pursuant to FRCP 41(a)(1)(A)(i).
As a technical legal matter, however, that Rule permits a plaintiff to dismiss a case without a court order and by unilateral notice only "before the opposing party serves either an answer or a motion for summary judgment" or with "a stipulation of dismissal signed by all parties." FRCP 41(a)(1)(A)(i), (ii).
.
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#: 8:17-01184 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; 12-19-18; 3-27-19
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):
Professional Courier & Newspaper Represented By
Justin D Harris
Brandt Brothers, LLC Represented By Justin D Harris
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; 12-19-18; 3-27-19
Docket 1
The Court will continue the status conference to August 14, 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
9:00 AM
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#: 8:17-01205 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, 12-12-18; 3-27-19
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):
Goodwill Industries of Orange Represented By Donald W Sieveke
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
Jeffrey P Nolan
9:00 AM
Adv#: 6:18-01121 Altman v. Shin
PRE-TRIAL 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))
(Cont from 5/16/19)
Docket 1
The Court will continue the pretrial conference to November 7, 2019 at 2:00 p.m. to permit the Court to rule upon plan confirmation and the pending motions to dismiss.
COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Defendant(s):
Yun Hei Shin Represented By
Kathleen P March
Plaintiff(s):
Murray Altman Represented By Andrew S Bisom
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 6/20/19)
Docket 1
The Court will continue the status conference to November 7, 2019 at 2:00 p.m. to permit the Court to rule upon plan confirmation and the pending motions to dismiss.
COURT TO PREPARE ORDER.
Debtor(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))
(Cont. from 7/18/19)
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
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
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
(Cont. from 7/18/19)
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
Adv#: 6:19-01075 Anderson v. Woodard et al
STATUS CONFERENCE re: Complaint by Karl T. Anderson against Douglas Craig Woodard, Blithe Partners, LLC, Douglas C. Woodard, Jr., Janet M. Woodard, Paige Educational Trust, Trey Educational Trust. (Charge To Estate). ($350.00) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment))
(Cont. from 7/18/19)
Docket 1
NONE LISTED -
Debtor(s):
Douglas Craig Woodard Pro Se
Defendant(s):
Trey Educational Trust Pro Se
Paige Educational Trust Pro Se
Janet M. Woodard Pro Se
Douglas C. Woodard, Jr. Pro Se
Blithe Partners, LLC Pro Se
Douglas Craig Woodard Pro Se
Plaintiff(s):
Karl T. Anderson Represented By
9:00 AM
Trustee(s):
Melissa Davis Lowe
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Adv#: 6:19-01075 Anderson v. Woodard et al
Hrg. on Defendants' Motion filed 6/21/19 to Dismiss complaint for: (1) Failurre to state a claim upon which relief can be granted; (2) Lack of Standing; and (3)
Lack of subject matter jurisdiction (Cont. from 7/18/19)
Docket 4
NONE LISTED -
Debtor(s):
Douglas Craig Woodard Pro Se
Defendant(s):
Douglas Craig Woodard Represented By Michael G Spector
Blithe Partners, LLC Represented By Michael G Spector
Douglas C. Woodard, Jr. Represented By Michael G Spector
Janet M. Woodard Represented By Michael G Spector
Paige Educational Trust Represented By Michael G Spector
Trey Educational Trust Represented By Michael G Spector
9:00 AM
Plaintiff(s):
Karl T. Anderson Represented By Melissa Davis Lowe
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Adv#: 6:18-01071 Murphy v. Murphy et al
PRE-TRIAL CONFERENCE re: Complaint to deny discharge under 11 U.S.C. Section 727(a)(4)(A)
(Cont. from 4/25/19)
Docket 31
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 15, 2019.
The Court continues the pretrial conference to February 20, 2020 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
Trustee(s):
Lynda T. Bui (TR) Represented By
9:00 AM
Michelle A Marchisotto
9:00 AM
Adv#: 6:19-01068 Pringle v. Meras et al
Hrg. on Plaintiff's Motion filed 8/6/19 For Summary Judgment
Docket 10
The Court will grant the motion and enter summary judgment against Debtors pursuant to 11 U.S.C. § 727(a)(4)(A), 727(a)(4)(D) and 727(a)(3).
WITHIN 7 DAYS, CHAPTER 7 TRUSTEE SHALL LODGE (1) AN ORDER GRANTING THE MOTION FOR SUMMARY JUDGMENT, AND (2) A FORM OF JUDGMENT.
Debtor(s):
Armando C Meras Represented By Yoon O Ham
Defendant(s):
Armando C. Meras Represented By Yoon O Ham
Veronica Y. Meras Represented By Yoon O Ham
Joint Debtor(s):
Veronica Y Meras Represented By Yoon O Ham
9:00 AM
Plaintiff(s):
John P. Pringle Represented By Toan B Chung
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
9:00 AM
Adv#: 6:19-01048 Chareunsouk v. Barillas
STATUS CONFERENCE Re: Complaint to objection/revocation of discharge (Request for Entry of Default entered 4/12/19)
Docket 1
NONE LISTED -
Debtor(s):
Israel Antonio Mendoza Barillas Represented By
Curtis R Aijala
Defendant(s):
Israel Antonio Mendoza Barillas Pro Se
Plaintiff(s):
Sayngeune Chareunsouk Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Adv#: 6:19-01095 Golden 1 Credit Union v. Maynard, II
STATUS CONFERENCE re: Complaint by Golden 1 Credit Union against Michael Walter Maynard II. willful and malicious injury)),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud))
Docket 1
The Court will issue a scheduling order:
All discovery shall close February 29, 2020.
All discovery motions shall be heard before March 31, 2020.
All pretrial motions shall be heard before April 30, 2020.
Pretrial conference is set for May 7, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Michael Walter Maynard II Represented By Melissa A Raskey
Defendant(s):
Michael Walter Maynard II Pro Se
Plaintiff(s):
Golden 1 Credit Union Represented By Mirco J Haag
9:00 AM
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
CONT'D RE: Evidentiary Hearing RE: Motion for relief from the automatic stay [Real Property] As To Whether Any Payments Have Been Missed
Deutsche Bank National Trust Company FKA Bankers Trust Company Of California, N.A., As Trustee For The Holders Of AAmes Mortgage Trust, 2002-2 vs. DEBTOR
(Motion filed 6/18/19)
(Evidentiary Hearing set at hearing held 7/15/19)
[RE: 3018 South Manitoba Drive, Santa Ana, CA 92704]
FR: 7-15-19; 9-16-19
Docket 88
NONE LISTED -
Debtor(s):
Felix Martinez Represented By Joseph A Weber Fritz J Firman
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. 362(c)(3) Or That No Stay Is In Effect Under 11 U.S.C. 362(c) (4)(A)(ii)
Wells Fargo Bank, National Association vs. DEBTOR (Motion filed 8/21/19)
(Amended Motion filed 8/26/19)
[RE: 536 E. Lincoln Avenue, Orange, CA 92865]
Docket 14
The Court will grant the motion. The Court determines that, pursuant to 11 U.S.C. § 362(c)(4)(A)(ii), no automatic stay is now in effect or has ever been in effect as to this bankruptcy case.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Donnie R Poucher Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT'D Motion for relief from stay [Personal Property]
W+D North America, Inc. vs. DEBTOR (Motion filed 8/20/19)
[RE: Equipment: Winkler+Dunnebier, 102 Envelope Manufacturing Machine, Serial No. 11147]
FR: 9-9-19
Docket 94
No tentative ruling.
Debtor(s):
US Direct LLC Represented By Donald W Sieveke
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur
9:00 AM
CONT'D Motion for relief from stay [Real Property]
U.S. Bank National Association, As Trustee For Lehman XS Trust Mortgage Pass-Through Certificates, Series 2007-7N vs. DEBTOR
(Motion filed 8/19/19)
[RE: 523 Hampton Street, Anaheim, CA 92801]
FR: 9-16-19
Docket 23
The Court will grant the motion under § 362(d)(1) and (d)(2).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Carrie Jean Heckel Represented By Paul S Nash
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
CONT'D Hearing RE: Request For Reconsideration And Clarification Of The Court's Ruling Granting Chriss Street Relief From The Automatic Stay In This Matter
(Motion filed 7/23/19) FR: 9-16-19
Docket 66
The Court's docket affirmatively shows that a hearing on Street's motion for relief from stay was held on November 26, 2018 and that the motion was granted. (Docket No. 61 in the main bankruptcy case.)
Additionally, movant has presented no newly discovered evidence, no change in the law and no reason to believe the Court's ruling is erroneous. The motion for reconsideration is denied.
STREET TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Phillip Barry Greer Represented By Phillip Greer
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D O'Dea
2:00 PM
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 8/21/19
(Amended Final Report filed 8/21/19))
[RE: ZAMPI, DETERMANN & ERICKSON - Special Counsel For Chapter 7 Trustee]
[Fees: $530,115.50; Expenses: $0.00]
[RE: PETER J. MASTAN - Chapter 7 Trustee] [Fees: $47,348.71; Expenses: $117.77]
[RE: KEVIN MONSON - Attorney For Chapter 7 Trustee] [Fees: $850,755.00; Expenses: $82,139.36]
[RE: SMILEY WANG-EKVALL, LLP - Attorney For Chapter 7 Trustee] [Fees: $169,539.50; Expenses: $5,557.79]
[RE: LAW OFFICE OF THOMAS H. CASEY, INC. - Attorney For Chapter 7
Trustee]
[Fees: $342,662.85; Expenses: $31,119.31]
[RE: CROWE HORWATH LLP - Accountant For Chapter 7 Trustee] [Fees: 57,217.50; Expenses: $611.00]
[RE: GROBSTEIN TEEPLE, LLP - Accountant For Chapter 7 Trustee] [Fees: $21,144.00; Expenses: $3,084.21]
[RE: SALL SPENCER CALLAS & KRUEGAR - Consultant For Chapter 7 Trustee]
[Fees: 40,875.00; Expenses: $51.88]
Docket 852
2:00 PM
The Court will grant the application in part, deny it in part and allow as follows:
Trustee's fees: $47,348.71 Trustee's expenses: $117.77
Smiley Wang-Ekvall fees: $169,539.50 Smiley Wang-Ekvall expenses: $5,557.79
Thomas H. Casey fees: $380,736.50 Thomas H. Casey expenses: $31,119.31
Crowe Horwath fees: $57,217.50 Crowe Horwath expenses: $611.00
Grobstein Teeple fees: $21,144.00 Grobstein Teeple expenses: $3,084.21
Sall Spencer fees: $40,875.00 Sall Spencer expenses: $51.88
Bond premium: $4,277.87
Kevin Monson fees: $850,440.00 Kevin Monson expenses: $82,139.36
Final payment to Mr. Monson is $10,440.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Private Asset Group, Inc Represented By Matthew E Faler
2:00 PM
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 By United States Trustee To Convert Case To Chapter 7 Or Dismiss Pursuant To 11 U.S.C. Section 1112(b)
(Motion filed 8/22/19)
Docket 71
The Court will grant the motion pursuant to 11 U.S.C. § 1112(b) for the reasons argued by the U.S. Trustee.
The Court will inquire whether the U.S. Trustee has a view on whether the best interest of creditors argues in favor of dismissal or conversion to chapter 7.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sepideh Sally Cirino Pro Se
2:00 PM
CONT'D Hearing RE: Official Committee Of Unsecured Creditors' Motion For Order Approving Settlement Between The Committee, Pension Benefit Guaranty Corporation, Aaron B. Kushner And Eric J. Spitz
(Motion filed 8/21/19) FR: 9-16-19
Docket 1565
Factual Background
Freedom Communications, Inc. and its affiliated entities ("Debtors") owned and operated the Orange County Register, a major newspaper in Orange County. Debtors maintained a defined benefit plan (the "Pension Plan") for employee-participants.
Rights of employee-participants to distributions from the Pension Plan are insured by the Pension Benefit Guaranty Corporation ("PBGC").
After Debtors commenced this chapter 11 proceeding on or about November 1, 2015, the Official Committee of Unsecured Creditors (the "Committee") was appointed by the Office of the United States Trustee. Subsequently, Debtors assigned to the Committee Debtors’ choses in action against former officers Aaron Kushner ("Mr.
Kushner") and Eric Spitz ("Mr. Spitz") and various other parties for alleged wrongdoing involving the Pension Plan.
The Committee commenced an adversary proceeding on January 26, 2017 against Messrs. Kushner and Spitz and other parties (the "Adversary Proceeding") alleging that Messrs. Kushner and Spitz breached their fiduciary duties by causing the Pension Plan to purchase life insurance-based investments as part of an ill-conceived scheme to make it appear that the Pension Plan was more funded than it actually was. (The
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scheme may have involved what is sometimes derogatorily referred to as "janitor insurance," that is, life insurance on persons other than key employees). Included as defendants in the Adversary Proceedings are persons and entities who are alleged to have facilitated the Pension Plan’s investments in the life insurance and to have earned commissions exceeding $10 million with respect to the sale and placement of such life insurance.
On February 14, 2019, the PBGC commenced an action in the United States District Court for the Central District of California (the "District Court") against Messrs.
Kushner, Spitz and other defendants (the "District Court Action"). The District Court Action alleges causes of action for alleged breaches of the duties of loyalty and prudence, alleged liability as fiduciaries for prohibited transactions and other wrongdoing.
The Motion
The Committee now moves for entry of an approving a settlement (the "Motion") among the Committee, the PBGC, and Messrs. Kushner and Spitz whereby upon approval of the settlement by both this Court and the District Court, insurers Chubb and Hiscox would pay $7,835,000 to the Committee by wire transfer in exchange for releases by the Debtors, the Committee and the PBGC of claims and causes of action against Messrs. Kushner and Spitz. Expressly excluded from the settlement are claims and causes of action against Richard J. Covelli, Traci M. Christian and various entities (the "Covelli-Christian Parties").
The Committee argues in the Motion that the settlement is in the best interests of the Debtors’ bankruptcy estates and should be approved by the Court for the following reasons: (1) Messrs. Kushner and Spitz lack the financial capacity to materially contribute to a settlement or to pay a judgment, thereby leaving the $5 million Chubb policy and $5 million Hiscox policy as the only sources of settlement moneys; (2) the Chubb policy and the Hiscox policy is each a so-called "burning limits" policy such that litigation costs will reduce the total amount available under the policy to pay a settlement or judgment; and (3) the proposed settlement is reasonable under the
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circumstances, fair and equitable and in the best interests of the bankruptcy estate and creditor constituencies because it satisfies the standards of In re A&C Properties, 784 F.2d 1377 (9th Cir. 1986). One of the standards of A & C Properties is difficulty in collection. The Motion points out that the two insurance policies referenced above are the only source of collection money and that the $7,835,000 payment will exhaust the remaining projected amount of insurance coverage under those policies taking into account their "burning limits" feature.
The second and third factors in A&C Properties relate to the complexity of the litigation and the likelihood of success in the litigation. The Committee argues that the litigation is very complex, that 20 depositions of fact witnesses will be required if the case does not settle and that litigation costs funded by Chubb and Hiscox will materially erode the policy limits. The Committee believes it will prevail in the litigation.
The fourth and final factor relates to the paramount interests of creditors. Clearly, the paramount interest of creditors is to maximize the value of the bankruptcy estates so that maximum distributions can be made to creditors. The Committee contends that the proposed settlement accomplishes this by extracting the full amount available under the policies from the insurers – who are the only parties financially capable of paying a settlement or a judgment.
Opposition to the Motion
The Covelli-Christian Parties oppose the settlement on the ground that the settlement agreement leaves unclear the precise amount that the Debtors’ bankruptcy estates will net from the $7,835,000 settlement. They point out that the settlement agreement provides that in numbered paragraph 3 the $7,835,000 will be allocated between the Debtors’ bankruptcy estates on one hand and the PBGC on the other hand pursuant to an agreement between the Committee and the PBGC subject to this Court’s approval. They argue that this Court lacks information necessary to a proper evaluation of the settlement agreement (and cannot determine whether the settlement was made in good faith) because it is unknown at this time how much of the $7,835,000 the bankruptcy
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estates will actually receive.
Analysis
As a matter of common sense and logic, it is unnecessary for this Court to know how much the Debtors’ bankruptcy estates will net from the $7,835,000 settlement in order to determine whether the settlement should be approved under A&C Properties.
Where, as here, a settlement extracts the maximum amount possible from the settling defendants, this is the best case scenario and cannot be improved upon. The Motion does not ask the Court to approve a settlement between the Committee and the PBGC, it asks the Court to approve a settlement between the Committee and PBGC on one hand and Messrs. Kushner and Spitz on the other hand. The proper allocation between the Committee and the PBGC is an issue for another day and need not be decided here. The settlement proposed here maximizes the pool of money to be allocated between the Committee and the PBGC, and that is all that matters with respect to such settlement in terms of Court approval.
The Motion is granted. The Committee shall lodge the order.
The Covelli-Christian Parties' request for judicial notice is granted.
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: Trustee's Objection to Debtor's Claim of Exemption (Objection filed 7/5/19)
FR: 8-5-19; 9-16-19
Docket 24
- NONE LISTED -
Debtor(s):
Raymond L Lamy Represented By Antonio John Ibarra
Trustee(s):
Richard A Marshack (TR) Represented By Donald W Sieveke
2:00 PM
CONT'D 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) (Motion filed 8/14/19)
FR: 9-16-19
Docket 64
- NONE LISTED -
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
2:00 PM
Hearing RE: Motion For Reconsideration Of Order Denying Motion For Order Authorizing 2004 Examination Of Charles McPhail Sr.
(Motion filed 8/29/19)
Docket 270
The Court will grant the motion for reconsideration in the form proposed by Reliable Fast Cash. For the avoidance of doubt, the Debtor made several arguments as to why Reliable Fast Cash lacked standing. The Court resolved the 2004 examination motion by selecting one of those grounds. The granting of this Motion for Reconsideration in no way implies that the other arguments made by Debtor are invalid (or valid).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
2:00 PM
Hearing RE: Motion For Reconsideration Of Order Denying Motion For Order Authorizing 2004 Examination Of Brian Weiss
(Motion filed 8/29/19)
Docket 269
The Court will grant the motion for reconsideration in the form proposed by Reliable Fast Cash. For the avoidance of doubt, the Debtor made several arguments as to why Reliable Fast Cash lacked standing. The Court resolved the 2004 examination motion by selecting one of those grounds. The granting of this Motion for Reconsideration in no way implies that the other arguments made by Debtor are invalid (or valid).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
2:00 PM
Hearing RE: Motion For Reconsideration Of Order Denying Motion For Order Authorizing 2004 Examination Of Andre McPhail
(Motion filed 8/29/19)
Docket 268
The Court will grant the motion for reconsideration in the form proposed by Reliable Fast Cash. For the avoidance of doubt, the Debtor made several arguments as to why Reliable Fast Cash lacked standing. The Court resolved the 2004 examination motion by selecting one of those grounds. The granting of this Motion for Reconsideration in no way implies that the other arguments made by Debtor are invalid (or valid).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
2:00 PM
Hearing RE: Motion by Debtor for an Order Extending the Time in Which the Debtor May Assume or Reject Unexpired Leases of Nonresidential Real Property
(Motion filed 8/29/19)
Docket 275
The Court will grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
2:00 PM
Hearing RE: Second And Final Fee Application For Compensation And Reimbursement Of Expenses For The Period From September 1, 2018 Through August 29, 2019
(Application filed 8/29/19)
(Set per Order Entered 9/4/19)
[RE: SULMEYERKUPETZ, A PROFESSIONAL CORPORATION - Attorneys
For Jeffrey I. Golden, Chapter 7 Trustee] [Fees: $29,127.50; Expenses: $457.26]
Docket 210
- 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
9:00 AM
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
Wilmington Savings Fund Society vs. DEBTOR (Motion filed 8/28/19)
Re: 2376 Bur Oak Drive, Cantonment, Florida 32533-7571
Docket 126
- NONE LISTED -
Debtor(s):
Scott Shih Lee Represented By Ronald D Halpern
Trustee(s):
Robert Whitmore (TR) Represented By
D Edward Hays Tinho Mang
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTOR, Howard B. Grobstein, trustee (Motion filed 8/28/19)
Re: 2017 Ford C-Max, VIN: 1FADP5EU0HL108270
Docket 18
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 Carter Curtis Represented By Robert L Firth
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
Bonial & Associates, P.C. - movant attorney Toyota Lease Trust vs. DEBTOR
Motion for Relief from Stay (Motion filed 8/20/19)
RE: 2018 Toyota Highlander
Docket 21
The Court will grant the motion under § 362(d)(1) only.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Carlos Thorne Represented By Paul Y Lee
Joint Debtor(s):
Ana Thorne Represented By
Paul Y Lee
Trustee(s):
Lynda T. Bui (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, Charles W. Daff, trustee (Motion filed 8/28/19)
Re: 2016 FORD EXPLORER VIN 1FM5K7B82GGA18234
EH
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):
Noreena K. Cuellar Represented By Christopher J Langley
Trustee(s):
Charles W Daff (TR) Pro Se
2:00 PM
Hrg. on Debtors' Motion filed 8/28/19 to Dismiss Chapter 11 Case
Docket 211
The Court will grant the motion and dismiss the action. 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 as to why Debtor should not be held in contempt of court for failing to comply with Court Orders
Docket 109
Debtor Scott Shih Lee is required to appear in person. He may be represented by counsel but must appear irrespective of counsel's appearance or non-appearance.
The Court will inquire whether Mr. Lee has complied with the Turnover Order.
Debtor(s):
Scott Shih Lee Represented By Ronald D Halpern
Trustee(s):
Robert Whitmore (TR) Represented By
D Edward Hays Tinho Mang
2:00 PM
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
Wilmington Savings Fund Society vs. DEBTOR (Motion filed 8/28/19)
Re: 2376 Bur Oak Drive, Cantonment, Florida 32533-7571 (Cont. from 9:00 a.m. calendar)
Docket 126
The Court will grant the motion under § 362(d)(1) and (d)(2).
MOVANT 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 Tinho Mang
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 8/24/19 for Turnover of Property of Estate Held by Debtors Pursuant to 11 USC § 542(a) and (e)
Docket 21
The Court will grant the motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sonya Leah Budke Represented By Yoon O Ham
Joint Debtor(s):
Rodney Norman Budke Represented By Yoon O Ham
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
CONT'D 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)
FR: 11-14-18; 1-30-19; 6-24-19; 9-18-19
Docket 226
The Court appreciates the parties’ statement in the joint status reports that they would like the matter to be sent to mediation at this time and that "the parties continue to believe a global resolution is worthy of pursuing."
It is axiomatic that money spent by a debtor in litigating a creditor’s claim is money that cannot be paid to the creditor. On the creditor side, there is sometimes a risk that the sum total of money spent by a creditor in pursuing a debtor through litigation will exceed the amount of money such creditor could ever hope to recover from the debtor.
Here, the Court is considering whether it should (1) temporarily stay the pending adversary proceedings and (2) continue the two pending motions to permit mediation to take place and conclude (hopefully successfully). At the status conference, the Court will ask the parties for their views on this approach and also for an estimate of how much time likely will be required for a mediation.
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
9:00 AM
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; 12-12-18; 1-30-19; 6-24-19;
9-18-19
Docket 1
The Court appreciates the parties’ statement in the joint status reports that they would like the matter to be sent to mediation at this time and that "the parties continue to believe a global resolution is worthy of pursuing."
It is axiomatic that money spent by a debtor in litigating a creditor’s claim is money that cannot be paid to the creditor. On the creditor side, there is sometimes a risk that the sum total of money spent by a creditor in pursuing a debtor through litigation will exceed the amount of money such creditor could ever hope to recover from the debtor.
Here, the Court is considering whether it should (1) temporarily stay the pending adversary proceedings and (2) continue the two pending motions to permit mediation to take place and conclude (hopefully successfully). At the status conference, the Court will ask the parties for their views on this approach and also for an estimate of how much time likely will be required for a mediation.
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
9:00 AM
9:00 AM
Adv#: 8:17-01051 Diamond Enterprises, LTD., LP v. Younessi
CONT'D STATUS 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)
(S/C set per Order Entered 8-6-19)
FR: 6-28-17; 8-30-17; 9-13-17; 3-28-18; 4-25-18; 7-25-18; 10-24-18; 1-16-19;
4-10-19; 8-14-19
Docket 1
The Court appreciates the parties’ statement in the joint status reports that they would like the matter to be sent to mediation at this time and that "the parties continue to believe a global resolution is worthy of pursuing."
It is axiomatic that money spent by a debtor in litigating a creditor’s claim is money that cannot be paid to the creditor. On the creditor side, there is sometimes a risk that the sum total of money spent by a creditor in pursuing a debtor through litigation will exceed the amount of money such creditor could ever hope to recover from the debtor.
Here, the Court is considering whether it should (1) temporarily stay the pending adversary proceedings and (2) continue the two pending motions to permit mediation to take place and conclude (hopefully successfully). At the status conference, the Court will ask the parties for their views on this approach and also for an estimate of how much time likely will be required for a mediation.
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#: 8:17-01051 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; 11-14-18; 1-30-19; 6-24-19; 9-18-19
Docket 78
The Court appreciates the parties’ statement in the joint status reports that they would like the matter to be sent to mediation at this time and that "the parties continue to believe a global resolution is worthy of pursuing."
It is axiomatic that money spent by a debtor in litigating a creditor’s claim is money that cannot be paid to the creditor. On the creditor side, there is sometimes a risk that the sum total of money spent by a creditor in pursuing a debtor through litigation will exceed the amount of money such creditor could ever hope to recover from the debtor.
Here, the Court is considering whether it should (1) temporarily stay the pending adversary proceedings and (2) continue the two pending motions to permit mediation to take place and conclude (hopefully successfully). At the status conference, the Court will ask the parties for their views on this approach and also for an estimate of how much time likely will be required for a mediation.
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
9:00 AM
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 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)
(PTC set at S/C held 10/17/18) (S/C set per Order Entered 8-6-19)
FR: 10-17-18; 8-14-19
Docket 1
The Court appreciates the parties’ statement in the joint status reports that they would like the matter to be sent to mediation at this time and that "the parties continue to believe a global resolution is worthy of pursuing."
It is axiomatic that money spent by a debtor in litigating a creditor’s claim is money that cannot be paid to the creditor. On the creditor side, there is sometimes a risk that the sum total of money spent by a creditor in pursuing a debtor through litigation will exceed the amount of money such creditor could ever hope to recover from the debtor.
Here, the Court is considering whether it should (1) temporarily stay the pending adversary proceedings and (2) continue the two pending motions to permit mediation to take place and conclude (hopefully successfully). At the status conference, the Court will ask the parties for their views on this approach and also for an estimate of how much time likely will be required for a mediation.
9:00 AM
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
Defendant(s):
Michael Younessi Pro Se
Plaintiff(s):
Diamond Enterprises, Ltd, LP Represented By
M Douglas Flahaut
9:00 AM
Adv#: 8:18-01208 Eastwest Partners Investment, LLC v. Davenport
Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 (Motion filed 8/23/19)
(Amended Motion filed 8/26/19)
Docket 44
The Court will deny the motion without prejudice. Movant has failed to attach (1) the required copy of the completed summons (showing good service not only of the summons but also of the complaint, FRCP 4(c)(1), FRBP 7004(a)(1); and (2) proof that defendant is not in military service.
COURT TO PREPARE ORDER.
Debtor(s):
Chester Davenport Pro Se
Defendant(s):
Chester Davenport Pro Se
Plaintiff(s):
Eastwest Partners Investment, LLC Represented By
Stella A Havkin
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
Hearing RE: Motion Of Medley Capital Corporation, As Agent, For Entry Of An Order Converting The Debtor's Chapter 11 Case To A Chapter 7 Case
(Motion filed 8/8/19)
(Set per Order Entered 8-27-19)
Docket 196
Medley Capital Corporation, as Agent, moves for entry of an order converting this chapter 11 case to chapter 7 (the "Motion").
Debtor and debtor in possession Modern VideoFilm, Inc. ("MVF") opposes the Motion.
Modern Videofilm, Inc., chapter 11 debtor and debtor in possession herein ("MVF"), was founded in 1980 by Moshe Barkat ("Mr. Barkat"). Mr. Barkat served as MVF’s chief executive officer for over 30 years. MVF is a post-production, distribution and content management company in the TV and filmed entertainment business. MVF has provided creative services for, or otherwise worked on, some of the most renowned and famous TV shows and movies over the past decades, including Game of Thrones, Friends, Madame Secretary, Star Trek, Desperate Housewives, Sons of Anarchy, Charlies Angels, Malcom in the Middle, Home Improvement, Avatar, Life of Pi, Star Wars, Gran Torino and Slumdog Millionaire.
In 2012, Mr. Barkat searched for a lender who could enable MVF to pay off its existing debt and support its expansion. Medley Capital Corporation ("Medley") expressed interest, and following negotiations Medley loaned $50 million to MVF. MVF’s corporate parent, Modern Videofilm Holdings, Inc. ("Holdings") guaranteed
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the loan and pledged all MVF’s shares. Holdings has presented evidence that MVF had a value of over $136 million at this point in time.
In 2013, Mr. Barkat negotiated a transaction with Technicolor USA ("Technicolor") in which MVF and Technicolor would form a joint venture by combining their content management divisions. Mr. Barkat alleges that the financials of the deal were highly favorable to MVF and that the projections showed the joint venture producing $96 million per year in revenue and over $20 million in cash in the first year. Holdings has presented evidence that MVF would have had a value of $163.6 million if the joint venture had been completed.
Mr. Barkat alleges that Medley interjected itself into the negotiations and demanded 70 percent of MVF’s equity as a condition to allowing the JV to close. According to Mr. Barkat, Technicolor became frustrated with Medley’s demands and walked away from the transaction. Medley then took control of MVF, demoted Mr. Barkat, appointed a puppet director and several months later (in September 2014) completely terminated Mr. Barkat.
Mr. Barkat alleges that there was an exodus of MVF’s employees and clients after he was terminated, leading to a significant decline in MVF’s revenues. Holdings has presented evidence that Mr. Barkat’s termination destroyed the value of MVF. In 2015, Medley sold MVF’s remaining assets in a fire sale to Point.360. Point.360 later commenced its own bankruptcy proceeding.
Holdings brought a shareholder’s derivative action in state court against Medley and other defendants in August 2016, alleging fraud, breach of fiduciary duty, breach of the implied covenant of good faith and fair dealing, interference with prospective economic advantage and other causes of action and seeking $100 million in damages. This action was later consolidated with earlier action filed in state court by Mr. Barkat and Holdings directly against Medley and other defendants.
On April 11, 2018, the state court found there was evidence Medley had engaged in fraud and breaches of fiduciary duty and denied Medley’s motion for summary
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judgment: "Plaintiff has presented evidence that Medley talked Barkat into signing the forbearance agreement with promises to allow him to keep control of MVF, that Defendants did not disclose that they had already decided to take over MVF and fire Barkat, that Defendants represented to Barkat that they would not take over MVF if he signed the release." Superior Court Order Denying Medley Defendants Motion for Summary Judgment or Summary Adjudication, dated April 11, 2018 at pages 10-11 of 21.
Trial in the state court action was set for June 12, 2018. On May 7, 2018, Medley filed an emergency petition for a writ of mandate requesting the California Court of Appeal to direct the Superior Court to vacate its summary judgment ruling, arguing that Medley would suffer irreparable harm if forced to stand trial on claims in excess of $150 million. The California Court of Appeal summarily denied Medley’s petition on May 16, 2018.
About three hours after this summary denial, MVF filed a bankruptcy petition under chapter 11. Following the filing, MVF’s counsel wrote a letter to Mr. Barkat’s counsel asserting that the state court action was an asset of MVF’s bankruptcy estate.
Medley presents a starkly different narrative of these events. According to Medley, Mr. Barkat materially misrepresented the viability of MVF’s existing and anticipated business model when he was negotiating with Medley for the $50 million loan Medley eventually extended to MVF. Medley also alleges that Mr. Barkat looted MVF and eventually ran MVF into the ground with multiple turnaround plans that never worked. Thus, according to Medley, MVF possesses substantial breach of fiduciary duty claims and various tort claims against Mr. Barkat.
After MVF filed bankruptcy, MVF essentially was put to a choice: would it throw in its lot with Mr. Barkat and Holdings against Medley, or would it side with Medley with respect to claims against Mr. Barkat and Holdings? Ultimately, exercising its business judgment, MVF determined that it could maximize the value of the bankruptcy estate for the benefit of its creditors by throwing in its lot with Mr. Barkat and Holdings. MVF entered into negotiations with Mr. Barkat and Holdings, and
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those negotiations eventually culminated in a stipulation addressing the prosecution of claims against Medley in state court and the division of monetary recoveries with respect to such claims.
On August 19, 2019, this Court held a hearing on a motion filed by MVF and the Barkat Parties asking the Court to approve such stipulation and to give the Barkat Parties relief from the automatic stay to pursue actions against Medley in state court. The Court granted the motion and approved the stipulation.
The Motion
Medley argues in the Motion that there is cause to convert this case to chapter 7 pursuant to 11 U.S.C. § 1112(b) because MVF has no operations, no support for a chapter 11 plan from Medley and because there are mounting administrative claims. Further, Medley contends that MVF "cannot and will not be able to formulate a chapter 11 plan that is in the best interest of creditors, is feasible, or is in any way superior to a chapter 7 liquidation."
Later in the Motion, Medley advances other grounds for conversion to chapter 7. Medley urges the Court to determine that cause to convert exists under 11 U.S.C. § 1112(b)(4)(A) because there has been continuing and substantial losses to the MVF estate and there is no reasonable likelihood of rehabilitation. As between dismissal or conversion, Medley believes conversion to chapter 7 is a better alternative than dismissal in terms of the best interests of creditors "because it will preserve an independent party’s ability to review the chapter 5 [of the Bankruptcy Code] causes of action, whatever value those may be and will allow for a fresh look by a chapter 7 trustee in determining how best to liquidate MVF’s bankruptcy estate.
Analysis
Medley, as movant, has the burden of proof by a preponderance of the evidence in establishing the existence of "cause" to convert this case from chapter 11 to chapter 7. In re Corona Care Convalescent Corp., 527 B.R. 379 (Bankr. C.D. Cal. 2015); In re Pittsfield Weaving Co., 393 B.R. 271, 274 (Bankr. D.N.H. 2008). One ground for
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cause is sufficient, standing alone, to warrant dismissal or conversion of a chapter 11 case. In re Reagan, 403 B.R. 614 (B.A.P. 8th Cir. 2009), aff’d, 374 Fed. Appx. 683 (8th Cir. 2010). A bankruptcy court has broad discretion to dismiss a chapter 11 case or to convert it to chapter 7. In re Silberkraus,253 B.R. 890 (Bankr. C.D. Cal. 2000), subsequently aff’d, 336 F.3d 864 (9th Cir. 2003).
Is There "Cause" to Convert Under 11 U.S.C. § 1112(b)(4)(A) Because of Substantial or Continuing Loss to or Diminution of the Estate and the Absence of a Reasonable Likelihood of Rehabilitation?
The stipulation referenced above among MVF, Mr. Barkat and Holdings envisions that Mr. Barkat and Holdings will prosecute state court causes of action against Medley at no cost to MVF, with any monetary recoveries against Medley being shared as provided in the stipulation. As discussed earlier, the Court approved the stipulation and granted relief from the automatic stay to Mr. Barkat and Holdings to prosecute these claims in state court. Apart from these causes of action against Medley, MVF has very little in the way of assets and its prospects for successful rehabilitation will hinge solely on the outcome of such state court litigation.
The state court litigation will take time, and during that time MVF will continue to owe fees to the Office of the United States Trustee and accrue fees and expenses to its own counsel. It would seem, therefore, that during this period there will be a "continuing" loss to the estate and a continuing "diminution of the estate" under the cash method of accounting (and probably under an accrual method of accounting as well because it is highly doubtful the all events test for accrual of income with respect to the litigation could be satisfied prior to an MVF-favorable jury verdict or settlement).
Is there also an "absence of a reasonable likelihood of rehabilitation" within the meaning of 11 U.S.C. § 1112(b)(4)(A)? Medley has the burden of proving the absence of a reasonable likelihood of rehabilitation by a preponderance of the evidence, and it has failed to do so. The likelihood of rehabilitation depends upon the prospect of success in state court litigation against Medley. The state court has
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already denied Medley’s motion for summary judgment in that action, finding evidence Medley had engaged in fraud and breaches of fiduciary duty: "Plaintiff has presented evidence that Medley talked Barkat into signing the forbearance agreement with promises to allow him to keep control of MVF, that Defendants did not disclose that they had already decided to take over MVF and fire Barkat, that Defendants represented to Barkat that they would not take over MVF if he signed the release." Superior Court Order Denying Medley Defendants Motion for Summary Judgment or Summary Adjudication, dated April 11, 2018 at pages 10-11 of 21.
While these state court findings in no way guarantee that Mr. Barkat and Holdings will ultimately prevail in the state court action, they go a long way in refuting Medley’s contention in the Motion that MVF has "little or no prospects for cash" and that its "potential recovery is highly speculative at best." Medley’s insistent and repeated argument that all claims against Medley have already been released is a matter for the state court to determine. If this argument was made in connection with Medley’s motion for summary judgment in state court, it is clear it was not strong enough to win summary judgment in Medley’s favor.
Is "Rehabilitation" Precluded Because MVF’s Objective in this Case is the Confirmation of a Liquidating Chapter 11 Plan?
Medley argues that, as a matter of law, a chapter 11 liquidation does not equate to "rehabilitation" of a debtor as contemplated by chapter 11. Medley cites In re ABEPP Acquisition Corp., 191 B.R. 365, 368 (Bankr. N.D. Ohio 1996) as support for this proposition.
MVF cites contrary authority on this point. In re McTiernan, 519 B.R. 860 (Bankr. D. Wyo. 2014); In re R&S St. Rose Lenders, LLC, 2016 WL 3536533 (Bankr. D. Nev.
2016). In McTiernan, the bankruptcy court wrote: "In determining whether the debtor can rehabilitate, the court does not find that an interpretation of "rehabilitation" precludes liquidation under a chapter 11 bankruptcy case."
Neither Medley nor MVF has cited any controlling authority on this point from the
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United States Court of Appeals for the Ninth Circuit or any authority from the Bankruptcy Appellate Panel of the Ninth Circuit.
If Medley’s view of the law is correct, the consequence would be that any single unhappy creditor in a chapter 11 case could scuttle all efforts to confirm a liquidating chapter 11 plan and force conversion to chapter 7 in a situation where the chapter 11 debtor was incurring a continuing loss or diminution of the estate. In other words, money-losing debtors could not remain in chapter 11 long enough to confirm a liquidating plan over the objection of even a single creditor – even though (hypothetically) everyone else in the case strongly believed it made far more sense to have the debtor in charge of the liquidation than a chapter 7 trustee.
A somewhat less extreme interpretation of Medley’s argument is that the consequences outlined in the preceding paragraph would apply unless the bankruptcy court, in the exercise of its discretion, determined that creditor constituencies would receive greater benefit if a liquidating plan were to be confirmed than if the case was converted to chapter 7.
The Court concludes it will side with the McTiernan line of cases in holding that "rehabilitation" can encompass a chapter 11 liquidating plan at least in situations where the bankruptcy court, exercising its discretion, determines that a chapter 11 liquidation makes more sense than a chapter 7 liquidation. Such is the case here. MVF and its chapter 11 counsel are already intensively familiar with the case and MVF’s alternatives and options. If the case is converted to chapter 7, a chapter 7 trustee likely would find it necessary to retain new counsel and duplicate at least some of the research and analysis already performed by MVF and its existing counsel – all at the cost to creditors. There is no guarantee that a chapter 7 trustee would make any different or better decisions than those already made by MVF and its existing counsel. This is not a case where it is clear to the Court that existing debtor management and its counsel are incompetent or in breach of their fiduciary duties to the bankruptcy estate.
For these very same reasons, the Court rejects Medley’s argument that a conversion to
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chapter 7 would be in the best interest of creditors.
To be sure, the Court’s interpretation of "rehabilitation" flies in the face of the ordinary usage, dictionary-definition meaning of the word. Webster’s Ninth New Collegiate Dictionary (provided to the Court and stamped "Property of the U.S. Government") defines "rehabilitate" as "to restore to a former capacity," "to restore to a former state." Interpreted literally, a retail company with 100 store locations who entered chapter 11 bankruptcy and restructured into a retailer with 40 store locations would not fit the definition of a rehabilitated retail company because it had not been restored to its former state or capacity. If such dictionary definition were adopted and applied by bankruptcy courts in connection with section 1112(b), it effectively would make it very difficult or impossible for most debtors to remain in chapter 11 unless they happened to be operating in chapter 11 at a profit – a rara avis indeed. The Court is very reluctant to depart from the plain meaning rule, but this would appear to be one instance where such approach is necessary.
Will MVF Be Able to Formulate a Chapter 11 Plan That is Feasible, in the Best Interest of Creditors and Superior to a Chapter 7 Liquidation?
MVF’s opposition shows that MVF is likely to be able to confirm a chapter 11 plan of liquidation. 11 U.S.C. § 1129(a)(9)(A) requires administrative claims to be paid in cash in full on the plan’s effective date unless the holders of such claims have agreed to different treatment. Here, such an agreement is in place: MVF’s counsel and MVF’s officer have agreed to defer payment of their claims until proceeds become available to MVF to pay their claims.
11 U.S.C. § 1129(a)(11) requires as a precondition of plan confirmation that "[c] onfirmation of the plan is not likely to be followed by the liquidation . . . of the debtor . . ." Even a planned liquidation must be feasible in order for a plan to be confirmed. In re American Capital Equipment, LLC, 688 F.3d 145 (3d Cir. 2012). Medley has failed to make a sufficient showing that MVF’s liquidating plan is not feasible. Feasibility generally is a low bar for liquidating plans, and Medley has not provided the Court with any compelling reasons to believe that MVF will not be able
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to perform the tasks and obligations required under the liquidating plan that it filed.
Medley argues that the best interest of creditors requirement of 11 U.S.C. § 1129(a)(7) cannot be satisfied in this case. Medley has presented little or no evidence that would lead the Court to believe this is the case. In fact, as discussed earlier, there is every reason to suppose that a conversion to chapter 7 would end up reducing distributions to creditors below the amount they would receive if MVF’s liquidating plan is confirmed. In fulfillment of statutory duties a chapter 7 trustee likely would be required to duplicate at least some of the research and analysis already performed by MVF and its counsel. Added to that cost would be the chapter 7 trustee’s fees and expenses. Medley’s argument fails.
Conclusion
For the reasons stated above, the Motion is denied with prejudice.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
9:00 AM
CONT'D Motion for relief from stay [Personal Property]
Medley Capital Corporation, In Its Capacity As Agent And Lender vs. DEBTOR (Motion filed 8/9/19)
[RE: Various Assets Of The Debtor Pledged As Collateral To The Movant, As Agent, Including Commercial Tort Claims]
FR: 9-9-19
Docket 195
Medley Capital Corporation in its capacity as Agent and Lender ("Medley") moves pursuant to 11 U.S.C. § 362(d)(1) and (2) for relief from the automatic stay (the "Motion") with respect to the following property: "Various assets of the Debtor pledged as collateral to the Movant, as agent, including Commercial Tort Claims."
The Motion is opposed by chapter 11 debtor and debtor in possession Modern VideoFilm, Inc. ("MVF"). MVF argues, among other things, that the Motion provides only a vague description of the collateral.
The Court agrees with MVF. In order for the Court to intelligently assess whether it should grant relief from the automatic stay to permit Medley to exercise its security interest in property, the Court must be provided with a specific description of the subject property. "Various assets of the Debtor pledged as collateral to the
Movant . . ." is woefully vague and imprecise. Is this supposed to mean all personal property assets of the Debtor pledged as collateral to the Debtor? Or only some of such assets? If the request for relief is only as to some assets, what are the assets?
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Medley asserts in the Motion that the Court should grant relief from stay pursuant to 11 U.S.C. § 362(d)(1) because "Movant’s interest in the Property is not protected by an adequate equity cushion." In order for the Court to determine whether there is or is not an adequate equity cushion with respect to the "Property," the Court must know what the "Property" is. The description "Various assets of the Debtor pledged as collateral to the Movant . . ." leaves the Court completely in the dark as to specifically what assets are in play and whether or not an adequate equity cushion exists with respect to those assets.
These same difficulties are presented with respect to Medley’s request for relief under 11 U.S.C. § 362(d)(2). In order for the Court to determine whether MVF has equity in the "Property," the Court must know specifically what the "Property" is. "Various assets of the Debtor pledged as collateral to the Movant . . ." is fatally vague for this purpose.
Medley has the burden of proof on the issue of MVF’s equity in property. 11 U.S.C. § 362(g)(1). Medley has failed to meet this burden because it has failed to specifically identify the "property" in question.
For these reasons, the Court denies the Motion with prejudice. The Court grans MVF's request for judicial notice.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
9:00 AM
Adv#: 8:18-01189 Labor Commissioner, State of California v. Balsamo
Hearing RE: Plaintiff California Labor Commissioner's Motion To Compel Defendant James Balsamo's Deposition And Request For Sanctions (Motion filed 8/30/19)
Docket 62
The Court will strike Mr. Balsamo's answer and enter his default.
The Court will further order that if Mr. Balsamo fails to pay the monetary sanctions of
$7,200 (imposed by the Court pursuant to its order filed and entered August 28, 2019) by September 30, 2019, such sanctions shall increase by $250 per day until paid in full.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
James Russell Balsamo Represented By Joseph M Tosti
Defendant(s):
James Russell Balsamo Pro Se
Plaintiff(s):
Labor Commissioner, State of Represented By Phoebe P Liu
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
Hearing RE: Approval Of Debtors' Chapter 11 Original Disclosure Statement Describing Chapter 11 Original Plan Of Reorganization
(D.S. Filed 8/15/19)
Docket 186
- NONE LISTED -
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum
Candice Candice Bryner
9:00 AM
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
(Cont. from 9/19/19)
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
Adv#: 6:19-01104 Whitmore v. Shih Lee
Hrg. on Plaintiff's Motion for Default Judgment Under LBR 7055-1 against Scott Shih Lee
Docket 9
The Court will grant the motion and enter default judgment denying Debtor a discharge.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Scott Shih Lee Represented By Ronald D Halpern
Defendant(s):
Scott Shih Lee Pro Se
Plaintiff(s):
Robert S. Whitmore Represented By Tinho Mang
Trustee(s):
Robert Whitmore (TR) Represented By
D Edward Hays Tinho Mang
2:00 PM
Hearing RE: Trustee's Motion For Turnover Of Property Of The Estate Or For Judgment For The Value Of The Same
(Motion filed 8/19/19)
Docket 38
Debtor(s):
Eric Wayne Mydland Represented By
Bryant C MacDonald
Trustee(s):
Richard A Marshack (TR) Represented By Anerio V Altman
2:00 PM
Hearing RE: Motion To Dismiss Chapter 7 Case (Motion filed 8/1/19)
Docket 13
Debtor(s):
Laura Martinez Represented By David R Chase
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
Hearing RE: Motion To Reconsider Order Approving Chapter 7 Trustee's Motion For Order: Authorizing To Sell Real Estate Property (1818 E. Crescent View Drive, Sandy, UT 84092) Free And Clear Of Liens And Disputed, Potential Interest Held By Mr. Cluff; (2) Approving Overbid Procedures; (3) Approving Compensation Of Real Estate Broker; (4) Authorizing Distribution Of Sale Proceeds; And Waiving 14 Day Stay Imposed By Federal Rules Of Bankruptcy Procedure
(Motion filed 8/30/19)
Docket 125
Debtor(s):
Nicole Clarisa Sadler Pro Se
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey
9:00 AM
Adv#: 6:18-01218 Wells Fargo Bank, N.A. v. Murphy et al
PRE-TRIAL CONFERENCE re: Complaint in Interpleader
Docket 1
Debtor(s):
Timothy David Murphy Pro Se
Defendant(s):
Timothy David Murphy Pro Se
Lynda T. Bui Pro Se
Patrick Keith Lafferty Pro Se
Mary Jane Lafferty Pro Se
Plaintiff(s):
Wells Fargo Bank, N.A. Represented By Bernard J Kornberg Donald H Cram III Jan T. Chilton
Trustee(s):
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Lakeview Loan Servicing, LLC vs. DEBTORS (Motion filed 8/18/19)
[RE: 4 Cecil Pasture Road, Ladera Ranch, CA 92694-0600]
FR: 9-9-19
Docket 41
The Court will approve the stipulation resolving this motion by an APA.
Debtor(s):
Kirolous A. Awad Represented By Tina H Trinh
Joint Debtor(s):
Maria Awad Represented By
Tina H Trinh
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
SchoolsFirst Federal Credit Union vs. DEBTOR (Motion filed 9/13/19)
[RE: 2008 Ford F-150 - VIN No.: 1FTPW12538KB56058]
Docket 16
The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jaime Tapia Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
Hearing RE: Final Application For Allowance Of Professional Fees And Costs For The Period From December 31, 2017 Through April 24, 2018
(Application filed 9/10/19)
[RE: M. JONES & ASSOCIATES - Attorneys For Debtors] [Fees: $25,045.00; Expenses: $0.00]
Docket 252
The Court will grant and allow on a final basis:
Attorney's fees: $80,842.50 Attorney's expenses: $1,955.00
Previously approved interim fees are now allowed on a final basis. 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: Debtor's Motion To Convert Case Under 11 U.S.C. Sections 706(a) Or 1112(a)
(Motion filed 8/30/19)
Docket 123
The Court will deny the motion for the reasons argued by the Trustee in his opposition to the motion to convert.
The Court will sustain the Trustee's evidentiary objections. COURT TO PREPARE ORDER.
Debtor(s):
Nicole Clarisa Sadler Pro Se
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey
2:00 PM
CONT'D Hearing RE: Motion To Reconsider Order Approving Chapter 7 Trustee's Motion For Order: Authorizing To Sell Real Estate Property (1818 E. Crescent View Drive, Sandy, UT 84092) Free And Clear Of Liens And Disputed, Potential Interest Held By Mr. Cluff; (2) Approving Overbid Procedures; (3) Approving Compensation Of Real Estate Broker; (4) Authorizing Distribution Of Sale Proceeds; And Waiving 14 Day Stay Imposed By Federal Rules Of Bankruptcy Procedure
(Motion filed 8/30/19) FR: 9-12-19; 9-30-19
Docket 125
The Court will deny the motion. It is moot in view of the sale of the subject property by the Trustee on September 4, 2019, as evidenced by the Trustee's opposition to the motion and Report of Sale Pursuant to Federal Rule of Bankruptcy Procedure 6004(f) (1), filed September 18, 2019.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Nicole Clarisa Sadler Pro Se
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey
2:00 PM
CONT'D Hearing RE: Trustee's Motion For Turnover Of Property Of The Estate Or For Judgment For The Value Of The Same
(Motion filed 8/19/19) FR: 9-30-19
Docket 38
The Court will grant the motion. Debtor shall turn over $63,537 to the Trustee on or before October 17, 2019.
TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Eric Wayne Mydland Represented By
Bryant C MacDonald
Trustee(s):
Richard A Marshack (TR) Represented By Anerio V Altman
2:00 PM
Hearing RE: Chapter 7 Trustee's Motion For Order (1) Designating Brian Hauck And Derek Doherty As The "Debtor" Pursuant To Federal Rule Of Bankruptcy Procedure 9001(5); And (2) Directing The Debtor, Through Hauck And Doherty, To Cooperate With The Trustee Pursuant To 11 U.S.C. Sections 341, 343, And 521
(Motion filed 9/5/19)
Docket 109
The Court will inquire into the adequacy of service on Messrs. Hauck and Doherty. Are the addresses on the Proof of Service good addresses for these individuals?
The Court will grant the motion if service is adequate.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
US Direct LLC Represented By Donald W Sieveke
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur
2:00 PM
CONT'D Hearing RE: Motion To Dismiss Chapter 7 Case (Motion filed 8/1/19)
FR: 9-30-19
Docket 13
- NONE LISTED -
Debtor(s):
Laura Martinez Represented By David R Chase
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
Hearing RE: Debtor's Motion For Extension Of Exclusive Periods Within Which The Debtor May File A Plan Of Reorganization And Solicit Acceptances (Motion filed 9/12/19)
[Tele. appr., Michael N. Nicastro, repr., South Coast Behavioral Health, Inc.]
Docket 297
The Court will grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
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]
(S/C set per Order Entered 10/7/19)
FR: 7-25-18; 8-29-18; 10-24-18; 11-14-18
Docket 8
The Court will inquire of the parties how to proceed in view of the Court's decision to grant the motion to dismiss the First Amended Complaint with leave to amend.
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
9:00 AM
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr
9:00 AM
Adv#: 8:18-01075 Street v. Greer et al
CONT'D Hearing RE: Motion To Dismiss Chriss Street's First Amended Complaint (FRCP 12(b)(6)
(Motion Filed 8/28/18)
(Reset at hearing held 8/21/19) FR: 8-28-18
Docket 39
Federal Rule of Civil Procedure 8(a)(2), incorporated by Federal Rule of Bankruptcy Procedure 7008 with a few additions (discussed below), requires a complaint to contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Generally speaking, one of the purposes of an adversary proceeding complaint is to put the defendant, the Court and the public (because bankruptcy court proceedings are public in nature) on notice as to the nature of the claim for relief and the alleged facts supporting such claim.
Measured by this standard, large swaths of the First Amended Complaint (Docket No. 8, filed May 30, 2018, the "FAC") are materially deficient and must be corrected through the filing of a second amended complaint before this matter can proceed.
The principal difficulty is the FAC’s inordinately large reliance on incorporation by reference. The FAC incorporates by reference each and every allegation in the state court complaint in Street v. Greer, No. 30-2011-00512573 but then fails to attach a copy of such complaint as an exhibit. But this problem is not solved by simply attaching a copy of the complaint as an exhibit to a second amended complaint. It is common for complaints to state multiple causes of action. During the course of the
9:00 AM
litigation, it is also common for some causes of action to be dismissed, not ultimately pursued by the plaintiff or to be determined against the plaintiff through summary judgment. Mr. Greer undoubtedly is more familiar with the state court action than is this Court and probably knows what causes of action were actually tried and went to verdict, but this Court, after reading the FAC, remains woefully in the dark as to what was alleged and what actually transpired in the state court. This is a matter of critical importance because it would strongly appear that plaintiff Chris Street intends to argue issue preclusion with respect to the state court jury verdict.
The Court grants the motion to dismiss the first three claims for relief in the FAC with leave to plaintiff Chris Street to amend through a second amended complaint. The second amended complaint should at a minimum affirmatively describe the events leading to the filing of the state court complaint, summarize the litigation before the state court, indicate what causes of action went to trial and what causes of action were resolved by the jury verdict. This will enable the Court to understand the nature of the indebtedness that is alleged to be excepted from discharge pursuant to 11 U.S.C. §
523. The Court encourages Mr. Street to attach the state court complaint as an exhibit to a second amended complaint but to refrain from using wholesale incorporation by reference as a substitute for the matters addressed in the second sentence of this paragraph.
Plaintiff Street should also re-evaluate whether he wishes to pursue a claim for relief under 11 U.S.C. § 523(a)(4). There is solid authority that an (a)(4) claim for relief requires more than a breach of fiduciary duty, it requires a breach of fiduciary duty with respect to an express trust. Hypothetically, if an attorney were to steal money from a client trust account, that would be the basis for a good cause of action under (a) (4), but if he or she scrupulously honored the trust account but committed malpractice in some other fashion, it would be at least questionable whether there existed a good (a)(4) cause of action (because there would seem to be no fraud or defalcation while acting in a fiduciary capacity with respect to an express trust).
The FAC’s fourth cause of action seeks a declaratory judgment that the whole of the property at 19 Bridgeport Road, Newport Beach, California (the "Real Property") is
9:00 AM
subject to plaintiff’s judgment lien. This is based on plaintiff’s allegation that the use of community funds to pay down principal debt on the Real Property (and a proportionate share of the Real Property’s market appreciation) transformed the entirety of the Real Property into community property. Notably, the FAC does not allege that the conveyance of the Real Property nearly two decades ago from Mr.
Greer to Ms. Biden as her separate property was a fraudulent transfer.
The problem with the fourth cause of action is not so much legal substance or legal technicalities as it is simple mathematics. If the Real Property had some net fair market value (i.e., gross fair market value less the amount of deeds of trust and other encumbrances) greater than zero at the time it was conveyed to Ms. Biden, it would be mathematically impossible for the entirety of the Real Property to be community property even if plaintiff is correct that the use of community funds to pay down debt (plus proportional market appreciation) transforms a part of the Real Property into community property. Perhaps Mr. Street wishes to allege that the Real Property was "under water" at the time of its conveyance to Ms. Biden, but if that is the case it should be spelled out in a second amended complaint.
As to the personal property of Mr. Greer though in Ms. Greer’s name, possession or control – which is alleged to be subject to Mr. Street’s ORAP lien – the FAC should have specifically described at least some of the assets alleged to fall within this category. If Mr. Street cannot specifically identify at least some assets, then his allegation that he is "informed and believes" assets of this category actually exist would seem to be obviously false.
The Court notes that Federal Rule of Bankruptcy Procedure 7008 requires a complaint to "contain a statement that the pleader does or does not consent to entry of final orders or judgment by the bankruptcy court." The FAC does not appear to contain such a statement, leading the Court to bring this provision of the rules to Mr. Street’s attention.
For these reasons, the Court dismisses the entirety of the First Amended Complaint with leave to amend.
DEFENDANT 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#: 8:19-01144 Hill Concrete Structures et al v. Capital One Bank (USA), N.A.
STATUS CONFERENCE Hearing RE: Complaint For Injunction Relief And Declaratory Relief
(Complaint filed 7/11/19)
Docket 1
The Court will inquire whether Debtor will be applying to the Clerk for entry of defendant's default.
COURT TO PREPARE ORDER.
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
Defendant(s):
Capital One Bank (USA), N.A. Pro Se
Plaintiff(s):
Hill Concrete Structures Represented By Michael Jones
James Hill Represented By
Michael Jones
9:00 AM
Adv#: 8:19-01072 Aiken v. Rojo
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint -
Dischargeability Of A Debt
[FRBP Rule 7001(6); 11 U.S.C Section 727(a)(4)(A)]
(Complaint filed 4/18/19)
(First Amended Complaint filed 7/24/19)
(Another Summons issued on First Amended Complaint on 7/24/19) FR: 7-17-19; 8-21-19
Docket 1
- NONE LISTED -
Debtor(s):
Lucy Ann Carmelita Rojo Represented By Jeffrey B Smith
Defendant(s):
Lucy Ann Carmelita Rojo Pro Se
Plaintiff(s):
Jami Aiken Represented By
Greg W Garrotto
Trustee(s):
Karen S Naylor (TR) Pro Se
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; 12-12-18; 3-27-19
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):
United Information Services, Inc. Represented By
David B Golubchik
Sourcehov LLC Represented By David B Golubchik
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; 12-12-18; 3-27-19
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):
Case Paper Co., Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 8-7-19
Docket 5
- NONE LISTED -
Debtor(s):
Mark Francois St Croix Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 8-7-19
Docket 37
- NONE LISTED -
Debtor(s):
Mark J. Patterson Represented By Christine A Kingston
Joint Debtor(s):
Ashley L. Patterson 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: 8-7-19; 9-11-19
Docket 36
- NONE LISTED -
Debtor(s):
David Cary Elkins Represented By Gerald S Kim
Joint Debtor(s):
Leigh Anne Elkins Represented By Gerald S Kim
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 8-7-19; 9-11-19
Docket 20
- NONE LISTED -
Debtor(s):
Debora Renee Huschka Represented By Brian J Soo-Hoo
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 9-11-19
[Tele. appr., William J. Serritella, repr., Creditor, Providence Bank And Trust]
Docket 11
- NONE LISTED -
Debtor(s):
Andrea Mythanh Le 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: 9-11-19
Docket 20
- NONE LISTED -
Debtor(s):
Donald Louis Pearce 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):
Jennifer Yang 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):
Donnie Raye Poucher Pro Se
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 11/7/18)
FR: 1-9-19; 2-6-19; 3-13-19
Docket 161
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE 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
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 9/4/19)
(Opposition filed 9/14/19)
(Set per Notice of Hearing filed 9/14/19)
Docket 46
- NONE LISTED -
Debtor(s):
Monica Lin Mathers Represented By Justin D Irish
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Failure To Make Plan Payments
(Motion filed 6/5/19) (Opposition filed 6/20/19) FR: 8-7-19
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):
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
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 6/30/19)
(Set for hearing per Notice Of Hearing filed 7/1/19) FR: 8-7-19
Docket 50
The Court will deny the motion based upon Debtors' failure to provide 2018 tax returns to the Chapter 13 trustee and their failure to provide an updated LBR Form 3015-1.20.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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
3:00 PM
CONT'D Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 6/7/19) FR: 8-7-19
Docket 35
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Barbara Jo O'Brien Represented By Daniel King
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 8/22/19)
(Response filed 9/6/19)
(Set per Notice of Hearing filed 9/6/19)
Docket 82
The Court will grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Stephen Lawrie Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Objection To Proof Of Claim:
(Motion filed 8/23/19)
Claim No. 7-1 Global Lending Service LLC $14,162.09
Docket 27
The Court will sustain the objection.
The Court will allow Claim 7-1 in the amount of $14,162.09 and confirm that the arrearage of $486.60 shown on the proof of claim has been paid in full.
COURT TO PREPARE ORDER.
Debtor(s):
Mark Francois St Croix Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Debtor's Motion Objecting To Claim: (Motion filed 9/8/19)
Claim No.: 13-1 The Toll Road $31,565.90
[Tele. appr., Gerald S. Kim, repr., Debtor Elkins]
Docket 0
Having received the parties stipulation to resolve this motion only one day prior to this hearing, the Court may wish to inquire of counsel.
Debtor(s):
David Cary Elkins Represented By Gerald S Kim
Joint Debtor(s):
Leigh Anne Elkins Represented By Gerald S Kim
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
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))
(Cont. from 4/11/19)
Docket 1
- NONE LISTED -
Debtor(s):
Paul Gregory Katona Represented By Douglas A Plazak
Defendant(s):
Gail Marie Katona Represented By Douglas A Plazak
Paul Gregory 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
9:00 AM
Lynda T Bui Rika Kido Brianna L Frazier
9:00 AM
Adv#: 6:16-01302 USA Sales, Inc. v. California State Board Of Equalization et al
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 5/23/19)
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 Department of Tax and Represented By
Lisa W Chao
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
9:00 AM
Hrg. on Chapter 11 Status Conference on the Plan and Disclosure Statement (Cont. from 5/23/19)
Docket 0
- NONE LISTED -
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor Lisa Nelson
9:00 AM
Hockensmith McKinnis Hamill, P.C. - movant attorney Motion for Relief from Stay
Midwest Regional Bank vs. DEBTOR (Motion filed 9/3/19)
Re: Hydro-Excavation Vacuum Trucks
(Tele. appr. Lynda Bui, rep. Trustee, Lynda Bui) (Tele. appr. David Goodrich, rep. trustee, Lynda Bui)
(Tele. appr. Scott McKinnis, rep. creditor, Midwest Regional Bank) (Tele. appr. Martina Slocomb, rep. creditor, Williams and Yenzer)
Docket 51
No tentative ruling.
Debtor(s):
Caribou Energy Corporation Pro Se
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich
9:00 AM
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
Honda Lease Trust vs. DEBTOR, Arturo Cisneros, chapter 7 trustee (Motion filed 9/10/19)
Re: 2017 HONDA ACCORD, VIN: 1HGC R2F5 3HA0 96246
Docket 7
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Soraya Reinoso Represented By Daniel King
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Wright, Finlay & Zak, LLP - movant attorney Motion for Relief from Stay
California Housing Finance Agency vs. DEBTOR (Motion filed 9/12/19)
Re: 13192 Forest Meadow Lane, Victorville, CA 92395
Docket 10
The Court will grant the motion under § 362(d)(1) only.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Nestor Atilio Fabian Represented By Marlin Branstetter
Joint Debtor(s):
Ada I Fabian Represented By
Marlin Branstetter
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Prenovost, Normandin, Bergh & Dawe - movant attorney Motion for Relief from Stay
LBS Financial Credit Union vs. DEBTOR (Motion filed 9/6/19)
Re: 2006 Fleetwood Bounder
Docket 13
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Rachel L Degraw Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
Reid & Manee LLP - movant attorney Motion for Relief from Stay
Frances Machado vs. DEBTOR (Motion filed 9/24/19)
Re: ACTION IN NON-BANKRUPTCY FORUM RE: marital dissolution claims
(Tele. appr. Lynda Bui, rep. trustee, Lynda Bui)
Docket 12
- NONE LISTED -
Debtor(s):
Vincent Machado Represented By
C Scott Rudibaugh
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Americredit Financial Services, Inc. vs. DEBTOR, Robert Whitmore, Trustee (Motion filed 9/13/19)
Re: 2014 FIAT 500 VIN ZFBCFABH6EZ026970
Docket 10
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Tamisha Lasha McNeely-Richardson Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
ACAR Leasing LTD vs. DEBTOR, Larry D. Simons, trustee (Motion filed 9/12/19)
Re: 2017 CHEVROLET CRUZE VIN 1G1BE5SM7H7231612
Docket 10
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Aung Zaw Moe Represented By Keith Q Nguyen
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Prenovost, Normandin, Bergh & Dawe - movant attorney Motion for relief from stay
Wescom Credit Union vs DEBTORS (Motion filed 9/18/19)
RE: 2017 Ford Explorer VIN 1FM5K7BH6HGC09883
Docket 11
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Nicholas Michael Holt Represented By
Nicholas Nicholas Wajda
Joint Debtor(s):
Stacy Louise Holt Represented By
Nicholas Nicholas Wajda
Trustee(s):
Lynda T. Bui (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, Karl T. Anderson, chapter 7 trustee
(Motion filed 9/16/19)
Re: 2018 HONDA ACCORD, VIN: 1HGC V2F5 9JA0 05675
Docket 9
The Court will grant the motion under § 362(d)(1) and (d)(2). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Maria Luisa Cassey Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg. on trustee's final report; applications for compensation
Docket 47
The Court will grant and allow:
Trustee's fees: $1,773.67 (including prior award)
Trustee's expenses: $91.36 (previously approved -- no new expenses incurred)
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Kevin Howard Represented By Christopher Hewitt
Joint Debtor(s):
Sarah Sainteclaire Represented By Christopher Hewitt
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 9/5/19 to Allow Claim 3 of Prosper Marketplace as Late Filed Allowable Against a Surplus Only
Docket 65
The Court will grant the motions and sustain the objections. The Court will allow Claim Nos. 2 and 3 as late-filed claims only under 11 U.S.C. § 726(a)(3).
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Juan Manuel Pesqueda Represented By Gary S Saunders Paul Y Lee
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
2:00 PM
Hrg. on Chapter 7 Trustee's Motion filed 9/5/19 to Allow Claim 4 of Chase Bank USA, NA as Late Filed Allowable Against a Surplus Only
Docket 67
The Court will grant the motions and sustain the objections. The Court will allow Claim Nos. 2 and 3 as late-filed claims only under 11 U.S.C. § 726(a)(3).
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Juan Manuel Pesqueda Represented By Gary S Saunders Paul Y Lee
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
2:00 PM
Hrg. on chapter 7 trustee's Motion for Order to Show Cause Why Debtor Should Not be Held in Contempt and Sanctioned for Violation of Court Order
(Tele. appr. Melissa Davis Lowe, rep. trustee, Karl Anderson)
Docket 130
The Court will approve the parties' October 11, 2019 stipulation to continue the hearing to November 5, 2019 at 2:00 p.m.
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's Motion filed 8/21/19 for order approving compromise of controversy
(Tele. appr. Lynda Bui, rep. trustee, Lynda Bui)
Docket 144
The Court will order Debtor to produce the three subject vehicles for inspection at 3250 Market Street, No. 213, Riverside, CA 92501 at 10:00 a.m. on October 18, 2019, continuing through 4:00 p.m. on that date.
The Court will continue the hearing to November 12, 2019 at 2:00 p.m. CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Timothy David Murphy Represented By Timothy D Murphy Patricia A Mireles
Trustee(s):
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
2:00 PM
Hrg on Attorney for Debtor's Second and Final Application filed 9/18/19 for Allowance of Fees and Reimbursement of Costs for the Period November 12, 2018 Through September 16, 2019; and Fees and Costs for April 12, 2018 Through November 12, 2018 on a Final Basis for M. Jonathan Hayes, Debtor's Attorney, Period: 11/13/2018 to 9/16/2019, Fee: $16,966.50, Expenses: $0.00
[Tele. appr., M. Jonathan Hayes, repr., Debtor Potter]
Docket 214
The Court will approve the fee application and allow, on a final basis, fees of
$35,734.75 and expenses of $346.85 to Resnick Hayes Moradi LLP.
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; applications for compensation
Docket 33
The Court will grant and allow:
Trustee's fees: $1,750.00 Trustee's expenses: $526.97
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mark T Martin Represented By Daniel King
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Hrg. on Order to Show Cause as to why Debtor should not be held in contempt of court for failing to comply with Court Orders
(Cont. from: 9/24/19)
Docket 109
Debtor Scott Shih Lee is required to personally appear at this hearing at 411 West Fourth Street, Santa Ana, CA, Courtroom 6C. He may be represented by counsel but must appear irrespective of counsel's appearance or non-appearance.
The Court will inquire whether Mr. Lee has fully complied with this Court's turnover order entered June 17, 2019 (Docket No. 101), as detailed in the Court's order entered September 26, 2019 (Docket No. 139).
Debtor(s):
Scott Shih Lee Represented By Ronald D Halpern
Trustee(s):
Robert Whitmore (TR) Represented By
D Edward Hays Tinho Mang
2:00 PM
Hrg. on trustee's final report; applications for compensation
Docket 24
The Court will grant and allow:
Trustee's fees: $1,312.63 Trustee's expenses: $103.08
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Eliseo Chum Garcia Represented By Dana Travis
Joint Debtor(s):
Olga Alicia Chum Padilla Represented By Dana Travis
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's final report; applications for compensation
(Tele. appr. Lynda Bui, rep. trustee, Lynda Bui)
Docket 0
The Court will grant and allow:
Trustee's fees: $1,071.70 Trustee's expenses: $0
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Steven Lynn Mason Represented By
M. Wayne Tucker
Joint Debtor(s):
Darnelle Cheri Mason Represented By
M. Wayne Tucker
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
Hrg. on approval of trustee's final report and applications for compensation
Docket 0
The Court will grant and allow:
Trustee's fees: $961.00 Trustee's expenses: $74.34
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Bertha Ponce Represented By
Glenn Ward Calsada
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg. on Creditor County of Los Angeles' Motion for Extension of Time to File Objection to Discharge or Dischargeability of Specific Debts Pursuant to 11
U.S.C. Section 727 and 523
Docket 19
No tentative ruling.
Debtor(s):
Nadia Ahmad Represented By Dina Farhat
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
Hearing RE: Emergency Motion For Interim And Final Order Authorizing Debtor In Possession To Use Cash Collateral Under 11 U.S.C. Section 363(e)
(Motino filed 10/8/19)
Docket 9
No tentative ruling at this time.
Debtor(s):
Kathy D Gorski Represented By Andy C Warshaw
Joint Debtor(s):
Michael A Gorski Represented By Andy C Warshaw
9:00 AM
CONT'D STATUS CONFERENCE 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) (S/C set at hearing held 4/17/19)
FR: 10-22-18; 1-28-19; 4-17-19; 7-17-19
Docket 282
No stay is in effect as to the main bankruptcy case (except insofar as the sanctions motions are concerned). However, the Court does not anticipate there will be much activity in the main bankruptcy case as long as the adversary proceedings remain stayed.
The status conference is continued to April 15, 2020 at 9:00 a.m. with an updated status report due April 1, 2020.
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
9:00 AM
Faye C Rasch Jeffrey I Golden
9:00 AM
STATUS CONFERENCE Hearing RE: Status Of Chapter 7 Case (Set per Order Entered 7/31/19)
Docket 0
No stay is in effect as to the main bankruptcy case (except insofar as the sanctions motions are concerned). However, the Court does not anticipate there will be much activity in the main bankruptcy case as long as the adversary proceedings remain stayed.
The status conference is continued to April 15, 2020 at 9:00 a.m. with an updated status report due April 1, 2020.
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#: 8:15-01382 Baek 124th, LLC et al v. Halvorson et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Nondischargeability Of Debt
(Complaint filed 10/2/15) (PTC set at S/C held 1/20/16) (S/C set per Order Entered 1/11/19)
FR: 1-16-16; 1-20-16; 9-21-16; 12-21-18; 1-28-19
Docket 1
The Court will stay this adversary proceeding through March 31, 2020. The status conference is continued to April 15, 2020 at 9:00 a.m. An updated status report is due April 1, 2020.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller Corey B Tolliver
Marc C Forsythe Represented By Corey B Tolliver
9:00 AM
Plaintiff(s):
Baek 124th, LLC Represented By Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Baek 153, LLC Represented By Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Baek Ainsworth Property, LLC Represented By Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Baek Development, LLC Represented By Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Baek Family Partnership Represented By Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Baek Holdings, LLC Represented By Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Baek Uptown Property, LLC Represented By Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Pacific Commercial Group, LLC Represented By
Christopher N Coyle Misty A Perry Isaacson
9:00 AM
Corey B. Tolliver
RGJ Baek, LLC Represented By Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Grace Baek Represented By
Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Richard Baek Represented By Christopher N Coyle Misty A Perry Isaacson Corey B. Tolliver
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello
9:00 AM
Adv#: 8:15-01454 Baek v. Halvorson et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Declaratory Judgment, Nondischargeability Of Debt
(Complaint filed 11/25/15)
(S/C set per Order Entered 2-1-19)
FR: 3-2-16; 6-22-16; 9-28-16; 10-19-16; 11-16-16; 1-28-19; 4-17-19; 7-17-19
Docket 1
In his status report, Mr. Halvorson requests that his motion for sanctions in this adversary proceeding and the old, now-dismissed 1391 AP be set for hearing. The district court has ruled that this motion is stayed pending the outcome of the 9th Circuit appeals.
The Court will stay this adversary proceeding through March 31, 2020. The status conference is continued to April 15, 2020 at 9:00 a.m. An updated status report is due April 1, 2020.
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
Christopher N Coyle Misty A Perry Isaacson Corey B Tolliver
Ali Matin
Steven J. Katzman Kyle Kveton
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello
9:00 AM
Adv#: 8:15-01454 Baek v. Halvorson et al
Hearing RE: Motion To Strike The Debtor's Unauthorized "Joinder," "Reply," And "Status Report"
(Motion filed 10/10/19)
Docket 491
The purpose of a status conference is for the Court to gain information as to a particular matter, be it a main bankruptcy case, an adversary proceeding, etc. The Court has routinely allowed persons not technically parties (but who otherwise have an interest in a matter) to participate in status conferences and other matters (namely, Mr. Tolliver). The Court will deny the Baek Parties' motion to strike the status report but will grant the motion to strike the Reply and Joinder because the Debtor is not the real party in interest.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee
Defendant(s):
John Olaf Halvorson Represented By Charity J Manee 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#: 8:17-01119 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)
(PTC set at S/C held 3-7-18)
(S/C set per Order Entered 1-11-19) (S/C reset per Order Entered 2-1-19)
FR: 10-4-17; 11-8-17; 1-17-18; 3-7-18; 11-28-18; 1-28-19; 4-17-19; 7-17-19
9:00 AM
Docket 1
The Court will hear and rule on the pending motion for appointment of a receiver. The Court will decline to stay this adversary proceeding.
The status conference is continued to April 15, 2020 at 9:00 a.m. An updated status report is due April 1, 2020.
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
9:00 AM
Trustee(s):
Reem J Bello
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch
9:00 AM
Adv#: 8:17-01119 Kosmala et al v. Pacific Commercial Group, LLC et al
Hearing RE: Motion For Order To Appoint Receiver (Motion filed 9/25/19)
Docket 57
This matter comes before the Court on the motion (the "Motion") of chapter 7 trustee Weneta M. A. Kosmala (the "Trustee") to appoint a state court receiver to retain possession, maintain and manage the alleged marital community real property of debtor John O. Halvorson ("Mr. Halvorson") and to collect and maintain Mr.
Halvorson’s alleged marital community assets.
Factual Background
Mr. Halvorson and Grace Baek ("Ms. Baek") were married during the period 2005 to 2012. The couple separated on August 1, 2012, and Mr. Halvorson filed for divorce on November 30, 2012 in California state court.
Mr. Halvorson filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code on July 16, 2015. On July 15, 2017, the Trustee commenced an adversary proceeding by filing a complaint against Ms. Baek, her brother Richard Baek and various entities in which Baek family members held or had held interests, namely, Pacific Commercial Group, LLC, Baek Family Partnership, LLC, Baek 124, LLC, Baek Holdings, LLC, Baek 153, LLC and RGJ Baek, LLC (collectively, the "Baek LLCs"). The complaint alleges that Ms. Baek held equity interests in the Baek LLCs (the "Equity Interests"), that the Equity Interests constitute marital community
9:00 AM
property and that, accordingly, the Equity Interests are bankruptcy estate property pursuant to 11 U.S.C. § 541(a)(2) (bankruptcy estate generally includes all interests of the debtor and the debtor’s spouse in community property). The complaint seeks a turnover of the Equity Interests, an accounting, avoidance of alleged fraudulent transfers and other forms of relief. According to the complaint, the Equity Interests and other alleged community property at issue1 have an aggregate fair market value exceeding $5 million.
The Motion and Its Request for Relief
The Motion, filed September 25, 2019, asserts that "the Trustee is concerned about the imminent danger of the Estate’s interest in the community property assets." Based upon this concern, the Motion asks the Court to appoint a California state court receiver pursuant to a provision of California state law (California Code of Civil Procedure § 564(b)) so that the receiver can take possession of the Equity Interests and other community property at issue, conduct an accounting, trace sales proceeds, and prevent the future dissipation of assets. The Motion acknowledges that some of the Baek LLCs "may no longer be operating."
Case Authorities on the Appointment of a Receiver in Bankruptcy Cases
11 U.S.C. § 105 is entitled "Power of court." 11 U.S.C. § 105(a) gives a bankruptcy court sweeping and wide-ranging authority: "The court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title. No provision of this title providing for the raising of an issue by a party in interest shall be construed to preclude the court from, sua sponte, taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules, or to prevent an abuse of process."
11 U.S.C. 105 contains only one express limitation on these powers, and it is set forth
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in 11 U.S.C. § 105(b): "Notwithstanding subsection (a) of this section, a court may not appoint a receiver in a case under this title."2
Despite this seemingly explicit statutory language forbidding the appointment of a receiver in a bankruptcy case, a number of courts have reached the conclusion – surprising to this Court – that the statute in fact allows bankruptcy courts to appoint receivers in cases under title 11.
The seminal case appears to be In re Memorial Estates, Inc., 797 F.2d 516 (7th Cir. 1986) (Posner, J.). In that case a bank began a foreclosure action against a cemetery owned by Memorial Estates, Inc. ("Memorial"). The bank asked a state court to appoint a receiver. Before the state court could act on the application to appoint a receiver, Memorial entered bankruptcy, and the state court action was removed to the bankruptcy court. Memorial’s bankruptcy trustee moved for appointment of a receiver for the cemetery, which happened to be the bankruptcy estate’s major asset. A receiver was appointed, and an appeal was taken to the United States Court of Appeals for the Seventh Circuit (the "Seventh Circuit"). The Seventh Circuit determined that, notwithstanding the plain language of 11 U.S.C. § 105(b), appointment of a receiver was proper. In the Seventh Circuit’s view, the power cut off by section 105(b) is the power to appoint a receiver for the entire bankruptcy estate in lieu of a bankruptcy trustee. The Seventh Circuit also allowed that section 105(b) might also prohibit the appointment of a receiver for a bankrupt’s main asset, but only if the trustee opposed the appointment. Because neither of these situations was present in the case, the Seventh Circuit affirmed the order appointing a receiver.
What this Court finds especially noteworthy about Memorial Estates is that the decision fails to cite any authority supporting its conclusion that section 105(b) does not prohibit the appointment of a receiver for less than the entirety of the bankruptcy estate’s assets as long as the trustee does not oppose such appointment. This conclusion does not appear to square with the plain language of section 105(b) or, as will be seen later, its legislative history.
Memorial Estates was followed by Craig v. McCarty Ranch Trust (In re Cassidy Land & Cattle Co.), 836 F.2d 1130 (8th Cir. 1988). In Cassidy, the United States
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Court of Appeals for the Eighth Circuit (the "Eighth Circuit") agreed with the Seventh Circuit that section 105(b) prohibits only the appointment of a receiver for the estate in lieu of a trustee, not an appointment of a receiver where the trustee requests the appointment. The Eighth Circuit cited no authority for this conclusion other than Memorial Estates. Id. at 1133.
Other courts have appointed receivers in bankruptcy cases, following Memorial Estates and Cassidy, and sometimes make a distinction between the appointment of a receiver in a main bankruptcy case and the appointment of a receiver in an adversary proceeding within a main bankruptcy case. See, e.g., Balakian v. Balakian, Case No. CV-F-07-1011 OWW, 2008 U.S. Dist. LEXIS 121067 (E.D. Cal., July 8, 2008),
decision modified on rehearing, 2008 U.S. Dist. LEXIS 80351 (E.D. Cal., Oct. 10, 2008); Dye v. Taxe (In re Kellogg-Taxe), No. 2:12-bk-51208-RN, 2014 Bankr. LEXIS 1213 (Bankr. C.D. Cal., March 28, 2014); Movitz v. Fiesta Invs., LLC (In re Ehmann), 319 B.R. 200, 206-07 n.10 (Bankr. D. Ariz. 2005); Schlein v. Golub (In re Schlein), 178 B.R. 82, 85-86 (Bankr. E.D. Pa. 1995).
Collier on Bankruptcy states that section 105(b) "only prohibits appointment of a receiver in a case under title 11. It does not prohibit the appointment of a receiver in a related adversary proceeding if otherwise authorized and appropriate," citing for this purpose only Memorial Estates and Cassidy. 2 Collier on Bankruptcy ¶ 105.06 at
105-90 (16th edition 2019).
Analysis
An adversary proceeding is a lawsuit that, necessarily, is filed within or is removed to a bankruptcy case and is governed by Part VII of the Federal Rule of Bankruptcy Procedures. See, e.g., In re Ballard, 502 B.R. 311, 320 (Bankr. S.D. Ohio 2013).
Adversary proceedings are subactions raised within a bankruptcy case. Wiley v. Paul Mason & Assocs.(In re Wiley), 237 B.R. 677, 685 (Bankr. N.D. Ill. 1999).
Additionally, various provisions of the Federal Rules of Bankruptcy Procedure
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support the notion that bankruptcy cases and related adversary proceedings are "joined at the hip," as the saying goes, and that a general reference to a "a case under this title" in section 105(b) would include all adversary proceedings related to such case. For example, Bankruptcy Rule 4004(a) provides in relevant part that "In a chapter 7 case, a complaint . . . objecting to the debtor’s discharge shall be filed no later than 60 days after the first date set for the meeting of creditors under § 341(a)" (bold-faced type added). Bankruptcy Rule 4007 allows a bankruptcy case to be reopened for the purpose of filing a complaint seeking a determination that a specific debt is or is not excepted from discharge (implying that such an adversary proceeding could not be entertained by a bankruptcy court unless the main bankruptcy case was reopened).
11 U.S.C. § 324(b) provides that whenever a court removes a trustee for cause, "such trustee . . . shall thereby be removed in all other cases under this title in which such trustee . . . is then serving . . . ." It cannot be plausibly contended that "all other cases under this title" excludes adversary proceedings and that a removed trustee could continue to serve as trustee in adversary proceedings attached to such cases. Quite obviously, "all other cases under this title" includes all of the adversary proceedings attached to those cases in this context.
These considerations strongly suggest that the reference to a "case under this title" also sweeps in all adversary proceedings related to that case. If this interpretation is correct, then the plain meaning rule applies and would compel the conclusion that this Court is prohibited from appointing a receiver. The starting point in discerning Congressional intent is the existing statutory text. When the statute’s language is plain, the sole function of the courts is to enforce it according to its terms. Lamie v.
United States Trustee, 540 U.S. 526, 534 (2004) (Kennedy, J.); Caminetti v. United States, 242 U.S. 470, 452-53 (1917). If the plain meaning rule applies here, there is no reason to think that notwithstanding the statutory prohibition a bankruptcy court could appoint a receiver for less than all the bankruptcy estate’s assets or that somehow the fact that the bankruptcy trustee is in favor of a receiver’s appointment gives the bankruptcy court a valid excuse for ignoring the statute’s plain dictate.
Still, there remains a possibility that "a case under this title" is ambiguous as to
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whether this includes adversary proceedings. Because of that possibility, the Court turns to the legislative history of section 105(b), which is remarkably brief. Senate Report 95-989 (95th Cong, 2nd Sess., 1978) states as follows: " . . . the bankruptcy judge is prohibited from appointing a receiver in a case under title 11 under any circumstances. The bankruptcy court has ample provision for the appointment of a trustee when needed. Appointment of a receiver would simply circumvent the established procedures" (italics added).
The "under any circumstances" language of the legislative history quoted above makes it very unlikely a bankruptcy court would be acting within the bounds of the law if it were to appoint a receiver for less than the entirety of a bankruptcy estate (suggested to be proper and appropriate in Memorial Estates) or to appoint a receiver because the bankruptcy trustee favors such appointment (suggested to be proper and appropriate in Memorial Estates where less than the entirety of the estate would be placed in receivership).
Bankruptcy trustees and receivers have very different roles, duties and loyalties. A bankruptcy trustee is the representative of the estate. 11 U.S.C. § 323(a). A receiver, on the other hand, is appointed by the court as a representative of the court to manage, control and deal with the property that is the subject matter of a controversy. 4 Pomeroy’s Equity Jurisprudence § 1330. A trustee’s duties are spelled out in great detail in 11 U.S.C. § 704. There is no reason to believe a receiver would have such duties unless the court expressly imposed them, and even then they would be imposed not pursuant to section 704 but instead pursuant to the court’s appointment order. A trustee has fiduciary duties running to the creditor body and, if the estate is solvent, the debtor. A receiver’s fiduciary duties run to the court.
Because of these very different, roles, duties and loyalties, the appointment of a receiver in an adversary proceeding would indeed "circumvent established procedures" within the meaning of Senate Report 95-989, and this is a strong reason why a bankruptcy court has no authority to appoint a receiver in an adversary proceeding.
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Here, the Trustee asks the Court to appoint a receiver for property that the Trustee alleges to be property of the bankruptcy estate under 11 U.S.C. § 541(a)(2) because of concerns such property is being dissipated. The Trustee’s remedies at law in this situation would include, at a minimum, turnover under 11 U.S.C. § 542. Equitable remedies other than receivership may be available as well, but only if such equitable remedies are consistent with the Bankruptcy Code and Rules. 11 U.S.C. § 105 does not allow a bankruptcy court to override explicit mandates of other sections of the Bankruptcy Code. Law v. Siegel, 571 U.S. 415, 420-21 (2014). The equitable powers of a bankruptcy court can only be exercised within the confines of the Bankruptcy Code. Id. at 421. In any event, equity follows the law. Rees v. City of Watertown, 86
U.S. 107, 122 (1874) ("A court of equity cannot . . . create a remedy in violation of law . . ."). Because section 105(b) precludes this Court from appointing a receiver, the Court may not exercise its equitable powers to override section 105(b) to appoint a receiver.
The Motion is denied with prejudice. MS. BAEK TO LODGE ORDER
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee
Defendant(s):
Pacific Commercial Group, LLC Represented By
Steven J. Katzman Ali Matin
Kyle Kveton
Baek Family Partnership, LLC Represented By Steven J. Katzman Ali Matin
Kyle Kveton
9:00 AM
Baek 124, LLC Represented By Steven J. Katzman Ali Matin
Kyle Kveton
Baek Holdings, LLC Represented By Steven J. Katzman Ali Matin
Kyle Kveton
Baek 153, LLC Represented By Steven J. Katzman Ali Matin
Kyle Kveton
RGJ Baek, LLC Represented By Steven J. Katzman Ali Matin
Kyle Kveton
Richard Baek Represented By Steven J. Katzman Ali Matin
Kyle Kveton
Grace Baek Represented By
Steven J. Katzman Ali Matin
Kyle Kveton
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
9:00 AM
Adv#: 8:17-01119 Kosmala et al v. Pacific Commercial Group, LLC et al
Hearing RE: Motion To Strike The Debtor's Unauthorized "Joinder," "Reply," And "Status Report"
(Motion filed 10/10/19)
Docket 65
The purpose of a status conference is for the Court to gain information as to a particular matter, be it a main bankruptcy case, an adversary proceeding, etc. The Court has routinely allowed persons not technically parties (but who otherwise have an interest in a matter) to participate in status conferences and other matters (namely, Mr. Tolliver). The Court will deny the Baek Parties' motion to strike the status report but will grant the motion to strike the Reply and Joinder because the Debtor is not the real party in interest.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee
Defendant(s):
Pacific Commercial Group, LLC Represented By
Steven J. Katzman Ali Matin
Kyle Kveton
Baek Family Partnership, LLC Represented By Steven J. Katzman
9:00 AM
Ali Matin Kyle Kveton
Baek 124, LLC Represented By Steven J. Katzman Ali Matin
Kyle Kveton
Baek Holdings, LLC Represented By Steven J. Katzman Ali Matin
Kyle Kveton
Baek 153, LLC Represented By Steven J. Katzman Ali Matin
Kyle Kveton
RGJ Baek, LLC Represented By Steven J. Katzman Ali Matin
Kyle Kveton
Richard Baek Represented By Steven J. Katzman Ali Matin
Kyle Kveton
Grace Baek Represented By
Steven J. Katzman Ali Matin
Kyle Kveton
Plaintiff(s):
Weneta M.A. Kosmala Represented By Reem J Bello Jeffrey I Golden
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
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; 12-12-18; 4-17-19; 7-17-19
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#: 8:19-01191 Baek et al v. Halvorson et al
STATUS CONFERENCE Hearing RE: Complaint (Fraudulent Transfer; Constructive/Resulting Trust)
(Complaint filed 3/26/19)
Docket 1
The Court will stay this adversary proceeding through March 31, 2020. The status conference is continued to April 15, 2020 at 9:00 a.m. An updated status report is due April 1, 2020.
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 Christopher Celentino Guillermo Cabrera Peter W Bowie
Jerry Ann Randall Represented By Christopher Celentino
9:00 AM
Guillermo Cabrera Peter W Bowie
Jerry Ann Randall as Trustee of the Represented By
Christopher Celentino Guillermo Cabrera Peter W Bowie
PCC Fund I, LLC Pro Se
Granite Bay Partners II, LLC Pro Se
JH RE Holdings, LLC Pro Se
Plaintiff(s):
Richard Baek Represented By Ali Matin
Steven J. Katzman Kyle Kveton Thomas H Bienert Jr.
Phillip Allan Trajan Perez
Baek 153 LLC Represented By Ali Matin
Steven J. Katzman Kyle Kveton Thomas H Bienert Jr.
Phillip Allan Trajan Perez
Pacific Commercial Group LLC Represented By Ali Matin
Steven J. Katzman Kyle Kveton Thomas H Bienert Jr.
Phillip Allan Trajan Perez
Weneta 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#: 8:18-01035 Federal Trade Commission v. Lake
CONT'D STATUS CONFERENCE Hearing RE: Amended Complaint For Nondischargeability Of Debt
(Complaint filed 2/9/18) (Amended Complaint filed 3/30/18) (Another Summons issued 3/30/18)
FR: 5-23-18; 6-27-18; 10-24-18; 4-10-19
Docket 9
In view of the continuance of Debtor's sentencing to January of 2020, the Court will continue the status conference to March 11, 2020 at 9:00 a.m. An updated status report shall be filed no later than February 26, 2020.
COURT TO PREPARE ORDER.
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
Adv#: 8:19-01156 Casey v. Cluff
STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint Against Larry Cluff For:
Declaratory Relief Regarding Defendant's Occupancy Of The Rental Property;
Turnover Of Rental Value Pursuant To 11 U.S.C. Section 542; And
Turnover Of Rental Property Which Is Property Of The Estate Pursuant To 11 U.S.C. Section 542
(Complaint Filed 7/29/19)
Docket 1
- NONE LISTED -
Debtor(s):
Nicole Clarisa Sadler Pro Se
Defendant(s):
Larry Cluff Pro Se
Plaintiff(s):
Thomas H. Casey Represented By Thomas H Casey
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey
9:00 AM
Adv#: 8:18-01208 Eastwest Partners Investment, LLC v. Davenport
PRE-TRIAL CONFERENCE Hearing RE: Eastwest Partners Investment, LLC's Complaint For Nondischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2) And Section 523(a)(6)
(Complaint filed 11/27/18)
(First Amended Complaint filed 1/16/19) (PTC set at S/C held 2/27/19)
FR: 2-27-19
Docket 1
- NONE LISTED -
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Chester Davenport Pro Se
Plaintiff(s):
Eastwest Partners Investment, LLC Represented By
Stella A Havkin
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey
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; 7-8-19
Docket 1
This involuntary case cannot proceed until the pending appeal is decided and the BAP's mandate issues. This status conference therefore is continued to March 11, 2020 at 9:00 a.m. An updated status report shall be filed on or before February 26, 2020.
COURT TO PREPARE ORDER.
Debtor(s):
QDOS, Inc Pro Se
9:00 AM
Adv#: 8:18-01189 Labor Commissioner, State of California v. Balsamo
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Request Determination Of Dischargeability Of Debt
(Complaint filed 10/15/18)
(Another Summons issued 1/14/19) (PTC set at S/C held 4/10/19)
FR: 1-9-19
Docket 1
- NONE LISTED -
Debtor(s):
James Russell Balsamo Represented By Joseph M Tosti
Defendant(s):
James Russell Balsamo Pro Se
Plaintiff(s):
Labor Commissioner, State of Represented By Phoebe P Liu
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Adv#: 8:19-01158 South Coast Behavioral Health, Inc. v. Reliable Fast Cash, LLC et al
STATUS CONFERENCE Hearing RE: Complaint For:
Declaratory Relief;
Usury;
Avoidance Of Preferential Transfers;
Avoidance Of Fraudulent Transfers;
Recovery Of Preferential And Fraudulent Transfers;
Fraud;
Racheteering (18 U.S.C. Section 1962) (Complaint filed 7/30/10)
Docket 1
- NONE LISTED -
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Defendant(s):
Reliable Fast Cash, LLC Pro Se
Mendl Chanin Pro Se
Plaintiff(s):
South Coast Behavioral Health, Inc. Represented By
Sean A OKeefe
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 8/22/19)
Docket 1
The Court will inquire into the status of this adversary proceeding. The date of the next status conference is to be determined.
COURT TO PREPARE ORDER.
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#: 6:19-01108 Fleming Sr v. Fleming Jr et al
STATUS CONFERENCE re Complaint by Terry Lee Fleming Sr against Terry Lee Fleming Jr, Havasu Lakeshore Investments, Jean Victor Peloquin, Victor Construction, Inc., Teeple Hall LLP, Hart King, Donald Hamman, Donna Bader, Higgs Fletcher & Mack LLP; Complaint (1) to Determine Validity, Priority and Extent of Liens; (2) for Declaratory Relief; and (3) for Interpleader (Attachments: # 1 Exhibit 1 - Notice of Levy) Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)),(72 (Injunctive relief - other)
Docket 1
The Court will issue a scheduling order:
All discovery closes April 30, 2020.
All discovery motions shall be heard before May 31, 2020.
All pretrial motions shall be heard before June 30, 2020.
Pretrial conference is set for July 23, 2020 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 Jr Pro Se
9:00 AM
Havasu Lakeshore Investments Pro Se
Jean Victor Peloquin Pro Se
Victor Construction, Inc. Pro Se
Teeple Hall LLP Pro Se
Hart King Pro Se
Donald Hamman Pro Se
Donna Bader Pro Se
Higgs Fletcher & Mack LLP Pro Se
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Adv#: 6:19-01108 Fleming Sr v. Fleming Jr et al
Hrg. on Motion filed by Teeple Hall LLP on 9/10/19 to Dismiss Plaintiff's First Amended Complaint
Docket 20
No tentative ruling.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Terry Lee Fleming Jr Represented By Andrew Still Michael B Reynolds
Havasu Lakeshore Investments Pro Se
Jean Victor Peloquin Pro Se
Victor Construction, Inc. Pro Se
Teeple Hall LLP Represented By Frederick M Reich
Hart King Pro Se
Donald Hamman Pro Se
Donna Bader Pro Se
Higgs Fletcher & Mack LLP Represented By
9:00 AM
Martin A Eliopulos
J Victor Construction, Inc. Pro Se
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Adv#: 6:18-01236 Fleming, Sr v. Havasu Lakeshore Investments
Hrg on Attorney for Defendants Motion filed 9/18/19 to Dismiss Plaintiff's Claim for Equitable Subordination of His Second Amended Complaint Pursuant to Rule 12(b)(6)
Docket 48
Equitable subordination of a creditor’s claim requires proof of three elements: (1) the creditor engaged in inequitable conduct, (2) the misconduct injured other creditors or conferred unfair advantage on the claimant, and (3) subordination would not be inconsistent with the Bankruptcy Code. Defendant HLI moves to dismiss the equitable subordination count of the complaint based upon the argument that the Second Amended Complaint fails to allege facts satisfying requirements (1) and (2) above.
If the Second Amended Complaint had merely alleged that HLI reported a suspected crime to the District Attorney and as a matter of pure happenstance, the District Attorney by pure coincidence had Debtor arrested the day before the 341(a) meeting, HLI’s argument as to (1) would be well taken. However, the Second Amended Complaint goes far beyond this, alleging that HLI consciously attempted to get Debtor arrested at the 341(a) meeting with the specific purpose of disrupting the meeting, humiliating Debtor and wrecking Debtor’s chapter 11 case. These allegations, if proven, would make out a case of inequitable conduct. The allegations are not conclusory in nature because they cite potential evidence, namely, an allegation that HLI’s counsel boasted on multiple occasions about Debtor’s arrest and his intent to disrupt the bankruptcy case.
Regarding item (2), HLI is correct that if other creditors besides HLI are all paid in
9:00 AM
full, HLI would not have gained an advantage over other creditors. However, the other leg of the requirement pertains to HLI having obtained an unfair advantage by its actions. The complaint alleges that HLI’s alleged inequitable conduct materially delayed the bankruptcy case, benefiting HLI because HLI’s very large judgment is accruing interest at 10 percent per annum. This allegation satisfies requirement (2) as a pleading matter.
HLI’s request for judicial notice is granted. Debtor’s request for judicial notice is granted.
The motion to dismiss is denied with prejudice.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
Gregory M. Garrison Frederick M Reich
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Adv#: 6:19-01068 Pringle v. Meras et al
Hrg. on Plaintiff's Motion filed 8/6/19 For Summary Judgment (Cont. from 9/19/19)
Docket 10
The Court will grant the motion and enter summary judgment against Debtors pursuant to 11 U.S.C. §§ 727(a)(4)(A), 727(a)(4)(D) and 727(a)(3).
The Court grants the request for judicial notice as to numbered paragraphs 1-8, Exhibits G and H.
WITHIN 7 DAYS, CHAPTER 7 TRUSTEE SHALL LODGE (1) AN ORDER GRANTING THE MOTION FOR SUMMARY JUDGMENT, AND (2) A FORM OF JUDGMENT.
Debtor(s):
Armando C Meras Represented By Yoon O Ham
Defendant(s):
Armando C. Meras Represented By Yoon O Ham
Veronica Y. Meras Represented By Yoon O Ham
9:00 AM
Joint Debtor(s):
Veronica Y Meras Represented By Yoon O Ham
Plaintiff(s):
John P. Pringle Represented By Toan B Chung
Trustee(s):
John P Pringle (TR) Represented By Toan B Chung
9:00 AM
Adv#: 6:19-01029 Express Cash Flow, LLC v. Hamzey, Jr. et al
Status Conference re: Complaint to determine dischargeability of debt pursuant to 11 U.S.C. Section 523(a)(2)(A), 523(a)(2)(B); 523(a)(6)
(Cont. from 4/25/19)
Docket 1
The status conference is continued to February 20, 2020 at 9:00 a.m. The parties should make an effort to finalize settlement documents, file a settlement stipulation and lodge an order thereon by January 31, 2020 so that the February 20 status conference will be unnecessary.
COURT TO PREPARE ORDER.
Debtor(s):
Robert Mansour Hamzey Jr. Represented By Daniel C Sever
Defendant(s):
Robert Mansour Hamzey Jr. Pro Se
Marie Ann Hamzey Pro Se
Joint Debtor(s):
Marie Ann Hamzey Represented By Daniel C Sever
9:00 AM
Plaintiff(s):
Express Cash Flow, LLC Represented By
R Gibson Pagter Jr.
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
Adv#: 6:19-01099 Whitmore v. 3XM Development, LLC, a Nevada Limited Liability C
STATUS CONFERENCE re: Complaint by Robert S. Whitmore against 3XM Development, LLC, a Nevada Limited Liability Company, Lance Richard Hall
Docket 1
The Court will issue a scheduling order:
All discovery closes April 30, 2020.
All discovery motions shall be heard before May 31, 2020.
All pretrial motions shall be heard before June 30, 2020.
Pretrial conference is set for July 23, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Scott Shih Lee Represented By Ronald D Halpern
Defendant(s):
3XM Development, LLC, a Nevada Pro Se Lance Richard Hall Pro Se
Plaintiff(s):
Robert S. Whitmore Represented By Tinho Mang
9:00 AM
Trustee(s):
Robert Whitmore (TR) Represented By
D Edward Hays Tinho Mang
9:00 AM
Adv#: 6:19-01104 Whitmore v. Shih Lee
STATUS CONFERENCE re: Complaint by Robert S. Whitmore against Scott Shih Lee. Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e)))
Docket 1
- NONE LISTED -
Debtor(s):
Scott Shih Lee Represented By Ronald D Halpern
Defendant(s):
Scott Shih Lee Pro Se
Plaintiff(s):
Robert S. Whitmore Represented By Tinho Mang
Trustee(s):
Robert Whitmore (TR) Represented By
D Edward Hays Tinho Mang
9:00 AM
Hrg. on chapter 7 trustee's Third Motion filed 9/25/19 for Order Extending the Deadline to Assume or Reject Executory Contracts
(Hrg. date and time approved by Chambers)
Docket 136
The Court will grant the motion.
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 Tinho Mang Ronald D Halpern
9:00 AM
Adv#: 6:19-01022 Kendrick-Patterson v. Kendrick
PRE-TRIAL CONFERENCE re: Complaint by Regena M Kendrick-Patterson against Alfred Jake Kendrick . (d),(e))) ,(68 (Dischargeability - 523(a)(6), willful and malicious injury)) ,(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud))
Docket 1
- NONE LISTED -
Debtor(s):
Alfred Jake Kendrick Represented By
Rabin J Pournazarian
Defendant(s):
Alfred Jake Kendrick Pro Se
Plaintiff(s):
Regena M Kendrick-Patterson Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Adv#: 6:19-01101 Anderson, Chapter 7 Trustee v. Trujillo
STATUS CONFERENCE re: Complaint by Karl T. Anderson, Chapter 7 Trustee against Ernest Trujillo (1) Avoidance and Recovery of Intentional Fraudulent Transfer; (2) Avoidance and Recovery of Constructive Fraudulent Transfer; (3) Recovery of Property; and (4) Preservation of Avoided Transfer Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer))
Docket 1
- NONE LISTED -
Debtor(s):
Jack E. Commeford Represented By Keith Q Nguyen
Defendant(s):
Ernest Trujillo Pro Se
Plaintiff(s):
Karl T. Anderson, Chapter 7 Trustee Represented By
Thomas J Eastmond
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Adv#: 6:19-01095 Golden 1 Credit Union v. Maynard, II
Hrg on Attorney for Defendant's Motion filed 9/20/19 to Dismiss Complaint for Failure to State Claim
Docket 7
The Court will grant the motion with leave to amend as to the first cause of action (fraud). The FRCP 9 pleading standards for fraud are not met.
The Court will grant the motion without leave to amend as to the second cause of action (willful and malicious injury).
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael Walter Maynard II Represented By Melissa A Raskey
Defendant(s):
Michael Walter Maynard II Represented By Melissa A Raskey
Plaintiff(s):
Golden 1 Credit Union Represented By Mirco J Haag
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:00 PM
Hrg. on Application for Compensation for Final Fees and/or Expenses with Proof of Service for Roquemore, Pringle & Moore, Inc., General Counsel, Period: 2/23/2018 to 8/30/2019, Fee: $22,765.00, Expenses: $1,740.78.
Docket 80
The Court will grant and allow:
Trustee's fees: $18,765.00 Trustee's expenses: $1,740.78
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
9:00 AM
CONT'D Motion for relief from stay [Real Property]
U.S. Bank National Association, As Trustee For Lehman XS Trust Mortgage Pass-Through Certificates, Series 2007-7N vs. DEBTOR
(Motion filed 8/19/19) (Amended Motion filed 9/24/19)
[RE: 523 Hampton Street, Anaheim, CA 92801]
FR: 9-16-19; 9-23-19
[Tele. appr., Angie M. Marth, repr., US Bank]
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):
Carrie Jean Heckel Represented By Paul S Nash
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Nationstar Mortgage LLC vs. DEBTOR (Motion filed 9/17/19)
[RE: 1930 West El Dorado Avenue, La Habra, CA 90631] [Tele. appr., Darlene C. Vigil, repr., Nationstar Mortgage]
Docket 33
Debtor's counsel was served at the address shown in the docket (as of October 15, 2019) and, in any event, was able to file a timely opposition.
The Declaration in opposition to the motion is vague and unpersuasive. The Court will grant the motion under § 362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Elaine Estrada Represented By Cynthia L Spalding
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Nationstar Mortgage LLC, d/b/a Mr. Cooper vs. DEBTORS (Motion filed 9/20/19)
[RE: 1101 Rosecrans Avenue, Fullerton, CA 92833]
Docket 42
- NONE LISTED -
Debtor(s):
Carmine Bianco Represented By Michael E Clark
Joint Debtor(s):
Maria Luz Bianco Represented By Michael E Clark
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Hrg. on Order to Show Cause Re: Ming Cong Dang
Docket 0
- NONE LISTED -
Debtor(s):
Joseph Edward Putney Represented By Jenny L Doling Summer M Shaw
Joint Debtor(s):
Julie Anna Putney Represented By Jenny L Doling Summer M Shaw
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg. on Order to Show Cause Re: Ming Cong Dang
(Cont. from 9:00 am calendar)
Docket 0
Ming Cong Dang is ordered to personally appear at this hearing. He may be represented by counsel but notwithstanding any representation he must appear in person.
Debtor(s):
Joseph Edward Putney Represented By Jenny L Doling Summer M Shaw
Joint Debtor(s):
Julie Anna Putney Represented By Jenny L Doling Summer M Shaw
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hearing RE: Trustee's Final Report And Application For Compensation And Reimbursement Of Expenses
(Final Report filed 9/18/19)
[RE: THOMAS H. CASEY, Chapter 7 Trustee]
[Fees: 9,268.14 (Proposed Fees: $188.34); Expenses: $338.84]
[RE: WEILAND GOLDEN GOODRICH, LLP - Attorneys For Chapter 7 Trustee]
[Fees: $86,340.00 (Proposed Fees: $1,754.53); Expenses: $1,317.42]
[RE: HAHN FIFE & COMPANY, Accountant For Trustee]
[Fees: $3,898.50 (Proposed Fees: $1,949.25); Expenses: $612.10]
[RE: INDEPENDENT MANAGEMENT SERVICES - Field Representative / Adjuster For Chapter 7 Trustee]
[Fees: $2,325.00 (Proposed Fees: $1,162.50]; Expenses: $367.27] [Tele. appr., Thomas H. Casey, repr., Trustee, Thomas H. Casey]
Docket 90
The Court will grant and allow proposed payments as follows: Trustee's fees: $188.34
Trustee's expenses: $338.84 Weiland Golden fees: $1,754.53
Weiland Golden expenses: $1,317.42 IMS fees: $162.50
Bond premium: $289.65
2:00 PM
Hahn Fife fees: $1,949.25 Hahn Fife expenses: $612.10
This is without prejudice to all applicants to re-apply in the event additional moneys come into the estate.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 9/4/19)
(Amended Final Report filed 10/1/19)
[RE: JEFFREY I. GOLDEN - Chapter 7 Trustee] [Fees: $32,395.00; Expenses: $98.72]
[RE: SULMEYER KUPETZ - Attorneys For Chapter 7 Trustee] [Fees: $123,686.00; Expenses: $3,203.08]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $3,402.00; Expenses: $400.20]
[Tele. appr,, Jeffrey I. Golden, repr., Trustee, Jeffrey I. Golden]
Docket 212
The Court will grant and allow:
Trustee's fees: $32,395.00 Trustee's expenses: $98.72 SulmeyerKupetz fees: $48,039.20
SulmeyerKupetz expenses: $457.26 Hahn Fife fees: $3,402.00
Hahn Fife expenses; $400
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
2:00 PM
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
CONT'D Hearing RE: Second And Final Fee Application For Compensation And Reimbursement Of Expenses For The Period From September 1, 2018 Through August 29, 2019
(Application filed 8/29/19)
(Set per Order Entered 9/4/19)
[RE: SULMEYERKUPETZ, A PROFESSIONAL CORPORATION - Attorneys
For Jeffrey I. Golden, Chapter 7 Trustee] [Fees: $29,127.50; Expenses: $457.26]
FR: 9-23-19
[Tele. appr,, Jeffrey I. Golden, repr., Trustee, Jeffrey I. Golden]
Docket 210
The Court has considered (and granted) SulmeyerKupetz's application as part of its consideration of the Trustee's final report in the preceding matter on today's calendar.
Debtor(s):
William John Murphy Represented By Sean A OKeefe
Michael N Nicastro
Joint Debtor(s):
Cheryl Lynn Murphy Represented By Sean A OKeefe
2:00 PM
Trustee(s):
Jeffrey I Golden (TR) Represented By Jason Balitzer Steven Werth
2:00 PM
Hearing RE: Creditor Daniel Neskovic's Motion To Dismiss Chapter 11 Bankruptcy Case
(Motion filed 9/18/19)
Docket 255
The Court will dismiss this case effective November 21, 2019, thereby giving credtior Neskovic and the Debtors one final opportunity to resolve this matter consensually through a stipulation and order thereon.
MOVANT 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: Application For Payment Of Interim Fees And/Or Expenses For The Period From November 12, 2018 through September 16, 2019 (Application filed 9/17/19)
[RE: LAW OFFICES OF LIONEL E. GIRON, APC - Attorney For Debtors And Debtors In Possession]
[Fees: $16,492.50; Expenses: $139.70]
Docket 139
The Court will grant and allow as follows on an interim basis:
Attorney's fees: $16,492.50 Attorney's costs: $139.70
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Fred Asafu-Adjaye Represented By Lionel E Giron
Crystle Jane Lindsey Joanne P Sanchez
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Lionel E Giron
Crystle Jane Lindsey Joanne P Sanchez
2:00 PM
Hearing RE: Objection To Claim:
(Motion filed 9/20/19)
Claim No. 34-3 Susan Ruffalo and Richard Ruffalo $89,000.20
[Tele. appr., Brian T. Harvey, repr., Strategic Funding - LISTEN ONLY]
Docket 223
Debtors have introduced evidence and made legal arguments that are equal to or greater in probative force to the evidence in the Ruffalos' proof of claim. This shifts the burden of proof to the Ruffalos. The Ruffalos have failed to meet this burden.
Debtors have shown the loan to be usurious.
The savings clause in the promissory note is unavailing for the Ruffalos because their collection of interest at the usurious 12 percent rate effectively nullifies the savings clause under California lawand establishes the intent to collect and charge usurious interest. Blue Growth Holdings, Ltd. v. Mainstreet Ltd. Ventures, LLC, 2013 U.S. Dist. LEXIS 126352 (N.D. Cal., Sept. 4, 2013).
The Court sustains the objection.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum
2:00 PM
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum
Candice Candice Bryner
2:00 PM
Hearing RE: Motion For Order: (1) Authorizing Sale Of Real Property, Free And Clear Of Liens Pursuant To 11 U.S.C. Section 363(b) And (f); And (2)
Approving Overbid Procedure (Motion filed 9/26/19)
[Tele. appr., Brian T. Harvey, repr., Strategic Funding - LISTEN ONLY]
Docket 232
- NONE LISTED -
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum
Candice Candice Bryner
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) (Motion filed 9/17/19)
[Tele. appr., Catherine S. Robertson, repr., Flexible Funding]
Docket 81
The Court will inquire into the U.S. Trustee's current view of this matter now that the
U.S. Trustee has had an opportunity to review Debtor's opposition to the motion.
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
9:00 AM
Adv#: 8:16-01123 Naylor v. Farrell
TRIAL RE: First Amended Complaint For (1) 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) (PTC set at S/C held 11/14/18) (Trial set at PTC held 7/17/19)
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; 11-14-18; 4-22-19; 5-29-19
Docket 19
The trial will proceed on October 22, 2019. The session of trial scheduled for Wednesday, October 23, 2019, however, will be rescheduled.
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
9:00 AM
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#: 8:16-01123 Naylor v. Farrell
CONT'D TRIAL RE: First Amended Complaint For (1) 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) (PTC set at S/C held 11/14/18) (Trial set at PTC held 7/17/19)
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; 11-14-18; 4-22-19; 5-29-19; 10-22-19
Docket 19
The balance of this trial will be rescheduled to a date to be determined.
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
9:00 AM
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
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 1/7/19)
FR: 3-13-19; 8-7-19
Docket 1
- NONE LISTED -
Debtor(s):
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
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 2/1/19)
FR: 4-10-19; 5-20-19; 5-29-19; 6-26-19; 8-14-19
Docket 0
- NONE LISTED -
Debtor(s):
Sepideh Sally Cirino Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Eagle Community Credit Union
(Motion filed 9/12/19)
[RE: 2012 Jeep Grand Cherokee-V6 - Amount: $15,179.00] [VIN No.: 1C4RJEAG7CC259598]
Docket 8
- NONE LISTED -
Debtor(s):
Lorena Martinez Represented By Violeta Delgado
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Adv#: 6:16-01302 USA Sales, Inc. v. California State Board Of Equalization et al
Hrg. on Plaintiff's motion for order approving compromise of claims and approving form of settlement agreement with California Department of Tax and Fee Administration
(Cont. from 8/6/19)
Docket 54
- 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
California Department of Tax and Represented By
Lisa W Chao
Movant(s):
USA Sales, Inc. Represented By Lisa Nelson
A. Lavar Taylor Daren M Schlecter Bruce A Emard
9:00 AM
Plaintiff(s):
USA Sales, Inc. Represented By Lisa Nelson
A. Lavar Taylor Daren M Schlecter Bruce A Emard
9:00 AM
Hrg. on Debtor's Motion for order approving compromise of claims and approving form of settlement agreement with California CDTFA of Tax and Fee Administration
(Cont. from 8/6/19)
Docket 341
- NONE LISTED -
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor Lisa Nelson
Movant(s):
USA Sales, Inc. Represented By Daren M Schlecter Daren M Schlecter
Rachel S Milman Esq Rachel S Milman Esq
A. Lavar Taylor
A. Lavar Taylor Lisa Nelson Lisa Nelson
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 9/9/19 Between Debtor and Wells Fargo Bank N.A., in the amount of $36,403.13
Re: 2019 Ford Truck Edge
Docket 11
- NONE LISTED -
Debtor(s):
Brittney E Salgado Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtors and Ford Motor Credit Company, in the amount of $43,803.04
Re: 2017 Ford F150
Docket 21
- NONE LISTED -
Debtor(s):
Miguel Angel Pardo Represented By Daniel King
Joint Debtor(s):
Yukary Pardo Represented By Daniel King
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 9/4/19 Between Debtor and Ford Motor Credit Company LLC, in the amount of $34,008.98
Re: 2017 Ford Explorer
Docket 18
- NONE LISTED -
Debtor(s):
Miguel Angel Pardo Represented By Daniel King
Joint Debtor(s):
Yukary Pardo Represented By Daniel King
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and ONEMAIN FINANCIAL, in the amount of $9,009.97
Re: 2008 Toyota Highlander
Docket 8
- NONE LISTED -
Debtor(s):
Gail Anita Burleson Represented By Marc A Duxbury
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg on Approval of Reaffirmation Agreement filed 9/24/19 Between Debtor and 21st Mortgage Corporation, in the amount of $17,779.92
Re: 1976 Skyline Manufactured Home
Docket 11
- NONE LISTED -
Debtor(s):
Deborah Ann Jenkins Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Adv#: 6:16-01302 USA Sales, Inc. v. California State Board Of Equalization et al
Hrg. on Plaintiff's motion for order approving compromise of claims and approving form of settlement agreement with California Department of Tax and Fee Administration
(Cont. from 8/6/19)
Docket 54
- 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
California Department of Tax and Represented By
Lisa W Chao
Movant(s):
USA Sales, Inc. Represented By Lisa Nelson
A. Lavar Taylor Daren M Schlecter Bruce A Emard
2:00 PM
Plaintiff(s):
USA Sales, Inc. Represented By Lisa Nelson
A. Lavar Taylor Daren M Schlecter Bruce A Emard
2:00 PM
Hrg. on Debtor's Motion for order approving compromise of claims and approving form of settlement agreement with California CDTFA of Tax and Fee Administration
(Cont. from 8/6/19)
Docket 341
NONE LISTED -
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor Lisa Nelson
Movant(s):
USA Sales, Inc. Represented By Daren M Schlecter Daren M Schlecter
Rachel S Milman Esq Rachel S Milman Esq
A. Lavar Taylor
A. Lavar Taylor Lisa Nelson Lisa Nelson
9:00 AM
Adv#: 6:17-01221 United States Trustee for the Central District of v. Katona et al
TRIAL 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
Trial shall proceed.
Debtor(s):
Paul Gregory Katona Represented By Douglas A Plazak
Defendant(s):
Gail Marie Katona Represented By Douglas A Plazak
Paul Gregory 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#: 6:17-01221 United States Trustee for the Central District of v. Katona et al
Hrg. on U.S. Trustee's Motion filed 10/11/19 to Admit Certain Summary evidence pursuant to Federal Rule of Evidence 1006
Docket 61
The Court will grant the motion.
Debtor(s):
Paul Gregory Katona Represented By Douglas A Plazak
Defendant(s):
Gail Marie Katona Represented By Douglas A Plazak
Paul Gregory 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
Leonard M Shulman
2:00 PM
Hearing RE: Motion For An Order Reopening Chapter 7 Case To Recover Disgorgement Proceeds From Former Counsel To The Debtor And To File Motion For An Order To Show Cause Why Former Counsel To The Debtor, Ashishkumar Patel, [California Bar Number 207293] Should Not Be Referred To The Disciplinary Panel For Bankruptcy Courts For The Central District Of California Or Otherwise Disciplined Pursuant To The Courts Inherent Authority To Impose Discipline Pursuant To Local Rule 83-3.1 Of The Local Rules For The Central Of California
(Motion filed 9/13/19)
Docket 24
NONE LISTED -
Debtor(s):
Celso Ponce Ortiz Represented By Ashishkumar Patel
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
Hearing RE: Motion For An Order To Show Cause Why Former Counsel To The Debtor, Ashishkumar Patel, [California Bar Number 207293] Should Not Be Referred To The Disciplinary Panel For Bankruptcy Courts For The Central District Of California Or Otherwise Disciplined Pursuant To The Courts Inherent Authority To Impose Discipline Pursuant To Local Rule 83-3.1 Of The Local Rules For The Central Of California
(Motion filed 9/16/19)
Docket 27
NONE LISTED -
Debtor(s):
Celso Ponce Ortiz Represented By Ashishkumar Patel
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 6:17-01221 United States Trustee for the Central District of v. Katona et al
TRIAL 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
Trial shall proceed.
Debtor(s):
Paul Gregory Katona Represented By Douglas A Plazak
Defendant(s):
Gail Marie Katona Represented By Douglas A Plazak
Paul Gregory 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#: 6:17-01221 United States Trustee for the Central District of v. Katona et al
TRIAL 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
Trial will continue as needed.
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
CONT'D STATUS CONFERENCE Hearing RE: (1) Status of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 1/7/19)
FR: 3-13-19; 8-7-19; 10-23-19
Docket 1
The Court will inquire into (1) Debtor's compliance with U.S. Trustee guidelines and requirements, and (2) why an updated status report was not filed by October 7, 2019.
Next status conference: February 19, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
9:00 AM
Adv#: 8:19-01079 Cochrane v. Elliot
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Section 523(a) (Complaint filed 5/2/19)
(First Amended Complaint filed 9/23/19) FR: 8-7-19
Docket 1
The Court will continue the status conference to February 26, 2020 at 9:00 a.m. to allow the Court to determine the motion to dismiss that is calendared for hearing at the end of November.
COURT TO PREPARE ORDER.
Debtor(s):
Robert Michael Elliott Represented By Renee Nasiri
Defendant(s):
Robert Michael Elliot Pro Se
Plaintiff(s):
Kevin Cochrane Represented By Jason P. Saccuzzo John W Cutchin
9:00 AM
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 2/1/19)
FR: 4-10-19; 5-20-19; 5-29-19; 6-26-19; 8-14-19
Docket 0
NONE LISTED -
Debtor(s):
Sepideh Sally Cirino Pro Se
10:00 AM
CONT'D Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Eagle Community Credit Union
(Motion filed 9/12/19)
[RE: 2012 Jeep Grand Cherokee-V6 - Amount: $15,179.00] [VIN No.: 1C4RJEAG7CC259598]
FR: 10-23-19
Docket 8
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Lorena Martinez Represented By Violeta Delgado
Trustee(s):
Jeffrey I Golden (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 1/3/18)
FR: 3-7-18, 7-11-18; 10-24-18;11-14-18; 12-12-18; 5-8-19; 6-19-19; 8-14-19
Docket 1
The Court will inquire into the Debtors' compliance with U.S. Trustee guidelines and requirements.
Next status conference: February 26, 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
2:00 PM
Hearing RE: Confirmation Of First Amended Chapter 11 Plan Of Reorganization (First Amended D.S. approved 8/14/19)
(Confirmation hearing set at D.S. hearing held 8/14/19) FR: 6-19-19; 8-14-19
Docket 147
The Court will confirm the plan of reorganization.
The Court sets a status conference for March 11, 2020 at 9:00 a.m.
DEBTORS TO LODGE (1) FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORTING PLAN CONFIRMATION, AND (2) CONFIRMATION ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Fred Asafu-Adjaye Represented By Lionel E Giron
Crystle Jane Lindsey
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Lionel E Giron
Crystle Jane Lindsey
9:00 AM
Hrg. on Debtor's Motion filed 10/4/19 to Approve Compromise Under Rule 9019 with Unsecured Creditor Bank of America
Docket 361
The Court will grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor Lisa Nelson
9:00 AM
Hrg. on Debtor's Motion filed 10/4/19 for Order approving compromise of claims and approving form of settlement agreement with unsecured creditor, American Express
Docket 363
The Court will grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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 et al
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 10/10/19)
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
California Department of Tax and Represented By
Lisa W Chao
Plaintiff(s):
USA Sales, Inc. Represented By Lisa Nelson
A. Lavar Taylor Daren M Schlecter Bruce A Emard
9:00 AM
9:00 AM
Hrg. on Application for for approval of compensation and expense reimbursement of BSW & Associates, Financial Advisor, Period: 5/20/2016 to 10/31/2019, Fees $173,146.00, Expenses: $1,088.88.
Docket 374
The Court will grant and allow on a final basis:
Fees: $173,146.00
Expenses: $1,088.88
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor Lisa Nelson
9:00 AM
Hrg. on Application for Compensation for M. Schlecter, Debtor's Attorney, Period: 5/20/2016 to 10/31/2019, Fees: $122,045.00, Expenses: $2,216.38.
Docket 376
The Court will grant and allow on a final basis:
Attorney's fees: $122,045.00 Attorney's expenses: $2,216.38
Taking into account the amounts previously paid on an interim basis, the Court approves payment of the remaining fee balance of $14,595.00 and cost balance of
$207.94.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor Lisa Nelson
9:00 AM
Hrg. on Application for Compensation Law Offices of A. Lavar Taylor, Special Counsel, Period: 10/31/2016 to 10/31/2019, Fee: $225,282.50, Expenses:
$1,213.40
Docket 378
The Court will grant and allow on a final basis:
Attorney's fees: $225,282.50 Attorney's expenses: $1,213.40
Taking into account the amounts previously paid on an interim basis, the Court approves payment of the remaining fee balance of $140,282.50 and cost balance of
$1,213.40.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor Lisa Nelson
9:00 AM
Hrg. on Application for Compensation of M. Zubair Rawda, CPA, Accountant, Period: 10/11/2016 to 10/31/2019, Fees: $5000.00, Expenses: $0.00.
Docket 380
The Court will grant and allow on a final basis:
Fees: $5,000.00
Costs: $0
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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 et al
Hrg. on Plaintiff's motion for order approving compromise of claims and approving form of settlement agreement with California Department of Tax and Fee Administration
(Cont. from 10/24/19)
Docket 54
The Court will grant each of the motions in the main bankruptcy case and the pending adversary proceeding.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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
California Department of Tax and Represented By
Lisa W Chao
Movant(s):
USA Sales, Inc. Represented By
9:00 AM
Lisa Nelson
A. Lavar Taylor Daren M Schlecter Bruce A Emard
Plaintiff(s):
USA Sales, Inc. Represented By Lisa Nelson
A. Lavar Taylor Daren M Schlecter Bruce A Emard
9:00 AM
Hrg. on Debtor's Motion for order approving compromise of claims and approving form of settlement agreement with California CDTFA of Tax and Fee Administration
(Cont. from 10/24/19)
Docket 341
The Court will grant each of the motions in the main bankruptcy case and the pending adversary proceeding.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor Lisa Nelson
Movant(s):
USA Sales, Inc. Represented By Daren M Schlecter Daren M Schlecter
Rachel S Milman Esq Rachel S Milman Esq
A. Lavar Taylor
A. Lavar Taylor
9:00 AM
Lisa Nelson Lisa Nelson
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 9/9/19 Between Debtor and Wells Fargo Bank N.A., in the amount of $36,403.13
Re: 2019 Ford Truck Edge (Cont. from 10/24/19)
Docket 11
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER.
Debtor(s):
Brittney E Salgado Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtors and Ford Motor Credit Company, in the amount of $43,803.04
Re: 2017 Ford F150
(Cont. from 10/24/19)
Docket 21
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER
Debtor(s):
Miguel Angel Pardo Represented By Daniel King
Joint Debtor(s):
Yukary Pardo Represented By Daniel King
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 9/4/19 Between Debtor and Ford Motor Credit Company LLC, in the amount of $34,008.98
Re: 2017 Ford Explorer (Cont. from 10/24/19)
Docket 18
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER
Debtor(s):
Miguel Angel Pardo Represented By Daniel King
Joint Debtor(s):
Yukary Pardo Represented By Daniel King
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and ONEMAIN FINANCIAL, in the amount of $9,009.97
Re: 2008 Toyota Highlander (Cont. from 10/24/19)
Docket 8
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER
Debtor(s):
Gail Anita Burleson Represented By Marc A Duxbury
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
Hrg on Approval of Reaffirmation Agreement filed 9/24/19 Between Debtor and 21st Mortgage Corporation, in the amount of $17,779.92
Re: 1976 Skyline Manufactured Home (Cont. from 10/24/19)
Docket 11
The Court will disapprove the agreement as not in Debtor's best interest.
COURT TO PREPARE ORDER
Debtor(s):
Deborah Ann Jenkins Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
Hrg. on Debtor's Motion for Structured Dismissal of Bankruptcy case
Docket 365
The Court will grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor Lisa Nelson
11:00 AM
CONT'D Hearing RE: Debtors And Debtors'-In-Possession Motion For Order (1) Authorizing Maintenance Of Existing Bank Accounts For A Limited Period Pursuant To 11 U.S.C. Sections 105, 345, And 363; And (2) Confirming No Cash Collateral On The Collection Of Rents
(Motion filed 10/28/19) [OST Entered 10/31/19)
FR: Advanced from 11-25-19
Docket 12
Debtor(s):
John Alan Stacey Represented By Richard A Marshack David Wood
Joint Debtor(s):
Kathleen Lee Stacey Represented By Richard A Marshack David Wood
9:00 AM
Motion for relief from stay [Real Property]
Wilmington Trust, National Association, Not In Its Individual Capacity, But Solely As Trustee For MFRA Trust 2016-1 vs. DEBTORS
(Motion filed 9/30/19)
[RE: 22121 Castlewood, Mission Viejo, CA 92692-4201]
Docket 65
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
9:00 AM
Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation vs. DEBTOR; And DANNA E. JARRARD, Non-
Filing Co-Debtor
[RE: 2016 LEXUS CT200H - VIN No.: JTHKD5BH1G2262250]
Docket 48
Debtor(s):
Jo Mabel Arias Represented By Edward T Weber
Trustee(s):
Richard A Marshack (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)
(Motion Reset per Order Entered 10/7/19)
[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
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
CONT'D Hearing RE: Debtor's Motion To Convert Case From Chapter 7 To Chapter 13 Under 11 U.S.C. Sections 706(a) Or 1112(a)
(Motion filed 8/30/19) FR: 10-7-19
Docket 123
Debtor(s):
Nicole Clarisa Sadler Pro Se
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey
2:00 PM
Hearing RE: Motion By United States Trustee To Dismiss Case Or Convert This Case To One Under Chapter 7 Pursuant To 11 U.S.C. Section 1112(b)
(Motion filed 10/7/19)
Docket 29
Debtor(s):
Anthony Afshin Kashani Represented By Saied Kashani
9:00 AM
Hrg. on chapter 7 trustee's Motion for Order to Show Cause Why Debtor Should Not be Held in Contempt and Sanctioned for Violation of Court Order
Docket 130
- 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
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
JPMorgan Chase Bank National Association vs. DEBTOR (Motion filed 10/10/19)
Re: 23180 Gray Fox Dr, Canyon Lake, CA 92587-7532
(Tele. appr. Todd Garan, rep. movant JP Morgan Chase Bank)
Docket 37
The parties are agreed that Debtor has equity in the subject property but disagree as to the amount of such equity. Movant has failed to meet its burden of proof under 11
U.S.C. §362(g)(1). As to adequate protection, the Court finds large portions of Movant's appraisal unreadable because of poor print quality. The motion is denied without prejudice but may not be re-filed until after January 31, 2020. The Court grants movant's request for judicial notice.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael A. Madrid Represented By
Benjamin A Yrungaray
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Nissan Motor Acceptance Corporation vs. DEBTOR, Larry D. Simons, trustee (Motion filed 10/3/19)
Re: 2018 Nissan Altima, VIN: 1N4AL3APXJC100993
(Tele. appr. Jennifer Wang, rep. creditor, Nissan)
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):
CECILIA FERNANDEZ Represented By George W Williams
9:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Mary Ellmann Tang, Esq. - movant attorney Motion for Relief from Stay
Bank of the West vs. DEBTORS (Motion filed 10/10/19)
Re: 2019 Shadow Cruiser M-289 RBS Travel Trailer
(Tele. appr. Mary Tang, rep. creditor, 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):
Brian Garoutte Represented By Kevin Tang
9:00 AM
Joint Debtor(s):
Mollie Garoutte Represented By Kevin Tang
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Mandelbaum & Robison LLP - movant attorney Motion for Relief from Stay
Redlands Equity Investors, LLC vs. DEBTOR (Motion filed 10/1/19)
Re: 830 Tri City Drive, Redlands, CA 92374
Docket 13
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.—OR --- 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):
Tyson Eugene Ashton Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
9:00 AM
Prenovost, Normandin, Bergh & Dawe - movant attorney Motion for Relief from Stay
Gateway One Lending & Finance vs. DEBTORS (Motion filed 10/2/19)
Re: 2012 Honda Civic
(Tele. appr. Karel Rocha, rep. creditor, Gateway One)
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 Velez Represented By
Michael H Colmenares
9:00 AM
Joint Debtor(s):
Nubia Patricia Velez Represented By
Michael H Colmenares
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 9/26/19)
Re: 2012 Toyota Camry
(Tele. appr. Austin Nagel, rep. creditor, Toyota Motor Credit Corporation)
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):
Michael Solano Jr. Represented By
M. Wayne Tucker
9:00 AM
Joint Debtor(s):
Hannah E Solano Represented By
M. Wayne Tucker
Trustee(s):
Todd A. Frealy (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 9/27/19)
Re: 2016 Toyota Corolla
(Tele. appr. Austin Nagel, rep. Toyota Motor Credit Corporation)
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):
Luis Antonio Martinez Represented By
Raj T Wadhwani
9:00 AM
Trustee(s):
Howard B Grobstein (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, Steven M. Speier, chapter 7 trustee
(Motion filed 10/8/19)
Re: 2017 HONDA ACCORD, VIN: 1HGC R2F5 XHA3 03537
(Tele. appr. Vincent V. Frounjian, rep. creditor, American Honda Finance Corp.)
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):
Allan Gregory Brown Jr. Represented By
9:00 AM
Trustee(s):
Steven A Alpert
Steven M Speier (TR) Pro Se
2:00 PM
Hrg. on approval of trustee's final report and application for compensation
Docket 0
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 compensation is approved, with Trustee's fees in the amount of
$950.00 and Trustee's expenses in the amount of $0.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Eva Camacho Represented By Todd L Turoci
Trustee(s):
Howard B Grobstein (TR) Pro Se
2:00 PM
Hrg. on trustee's final report and applications for compensation
Docket 0
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 Court grants and allows Trustee's fee request, with Trustee's fees in the amount of $1,298.18 and Trustee's expenses in the amount of $27.80.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Eddie R. Vega Represented By Daniel King
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg. on Chapter 7 Trustee's Motion filed 10/15/19 for Order: (1) Approving the Sale of Real Property of the Estate Pursuant to Bankruptcy Code § 363(b), Subject to Overbids, Combined With Notice of Bidding Procedures and Request for Approval of the Bidding Procedures Utilized; and (2) Granting Related Relief
Docket 33
The Court will grant Chapter 7 Trustee's motion for authority to sell real property. However, minimum bidding increments over $22,500 shall be $1,000 instead of $500.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Humberto Ramirez Represented By
M. Wayne Tucker
Joint Debtor(s):
Eulogia R Ramirez Represented By
M. Wayne Tucker
Trustee(s):
Charles W Daff (TR) Represented By Lynda T Bui Brandon J Iskander
2:00 PM
Hrg. on approval of trustee's final report and application for compensation
(Tele. appr. John P. Pringle, rep. Trustee, John P. Pringle)
Docket 0
The compensation is approved and allowed as to Applicant, John Pringle, Ch. 7 Trustee, with Trustee's fees in the amount of $1,323.50 and expenses in the amount of $39.60.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Linda Marie Garcia Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
2:00 PM
Hearing RE: Motion of United States Trustee filed 9/25/19 For an Order Disgorging Fees, Assessing Damages, And Imposing Fines Against Bankruptcy Petition Preparer Nancy Gomez-Loyd, Paralegal, Pursuant To 11 U.S.C. 110
Docket 39
The Court will grant the motion and order Bankruptcy Petition Preparer Nancy Gomez-Lloyd to disgorge $250, pay fines of $500 and damages of $2,000.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
John Vincent Garcia Pro Se
Joint Debtor(s):
Terra Nicole Garcia Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
Hrg. on creditor's Motion filed 9/17/19 objecting to Debtor's claim of homestead exemption pursuant to Rule 4003 of the Federal Rules of Bankruptcy Procedure and Cal. Code of Civil Proc. §704.710(c)
(Tele. appr. Lynda Bui, rep. Trustee, Lynda Bui) (Tele. appr. Rika Kido, rep. Trustee, Lynda Bui)
Docket 29
The Court will deny the motion with prejudice. Movant has failed to make a sufficient showing that Debtor is not entitled to her claimed homestead exemption in the Millard Avenue property in Rialto. There is practically no discussion of bankruptcy law pertaining to exemptions in Movant's motion (or California law on homestead exemptions).
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Olga Marina Calderon de Gonzalez Represented By
Neelamjeet K Kahlon-Pfister
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
Hrg. on Order to Show Cause why case should not be dismissed for failure to make installment payment
Docket 0
- NONE LISTED -
Debtor(s):
Warren Gary Coshow Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's Motion for Order to Show Cause Why Debtor Should Not be Held in Contempt and Sanctioned for Violation of Court Order
(Cont. from 10/15/19)
Docket 130
Debtor(s):
Douglas Craig Woodard Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
CONT'D Hearing RE: Approval Of Debtors' Chapter 11 First Amended Disclosure Statement Describing Chapter 11 First Amended Plan Of Reorganization
(D.S. Filed 8/15/19)
(First Amended D.S. filed 10/23/19)
FR: 9-25-19
(Tele. appr. Greg Campbell, rep. movant, JPMorgan Chase Bank) (Tele. appr. Brian Harvey, rep. creditor, Strategic Funding)
Docket 257
Objections to the disclosure statement and/or plan have been filed by JP Morgan Chase Bank, N.A. ("Chase"), Cal State LA Federal Credit Union (the "Credit Union")., Susan and Richard Ruffalo (the "Ruffalos") and Michael Totaro ("Mr. Totaro"). Stipulations between the Debtors and Chase and the Debtors and the Credit Union appear to have resolved those objections.
The Court sustains the objections of the Ruffalos with respect to the following: (1) the Disclosure Statement fails to provide sufficient information concerning the nature of the dispute between the Debtors and the Ruffalos; (2) the projections should more clearly indicate payments to the Ruffalos under the Plan; (3) the effective date of the plan should not be delayed by reason of the pendency of an appeal of the confirmation order (unless a stay pending appeal is obtained by an objecting party); and (4) the plan should set a deadline for the sale of the Sanburg Way property.
The Court overrules the Ruffalos objection regarding the continuation of the
2:00 PM
automatic stay. Pursuant to 11 U.S.C. § 362(c)(2)(C), the automatic stay continues in effect in a chapter 11 case until the debtor receives (or is denied) a discharge. Here, the plan provides for the granting of a discharge at the end of the 60 month plan period. Thus, the stay remains in effect – except perhaps as to estate property that has revested in the Debtors. See 11 U.S.C. § 362(c)(1) and Debtors’ Original Chapter 11 Original Plan of Reorganization at IV(H).
The Court will hear Mr. Totaro’s objections if they have not been resolved prior to the hearing.
The Court will set a deadline of October 15, 2019 for the filing and service of an amended plan and disclosure statement and a new disclosure statement hearing date of November 13, 2019 at 2:00 p.m.
COURT TO PREPARE ORDER.
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum
Candice Candice Bryner
9:00 AM
Adv#: 8:18-01002 Kosmala v. Savannah Corp. et al
Hearing RE: Motion For Leave To File Amended Complaint (Motion filed 10/10/19)
Docket 30
The Court will grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
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 Represented By
Sean A OKeefe
Cristen Durham Represented By Sean A OKeefe
Jacquelyn Murphy Romero Represented By Sean A OKeefe
Brandon Durham Represented By
9:00 AM
Sean A OKeefe
Margaret Murphy Represented By Sean A OKeefe
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#: 8:18-01069 Marshack et al v. Biden
CONT'D STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Second Amended 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
(First Amended Complaint filed 12/14/18) (Second Amended Complaint filed 4/10/19)
FR: 1-23-19; 2-20-19; 5-8-19; 6-10-19; 7-17-19
[Tele. appr., Ryan O'Dea, repr., Richard Marshack, Trustee]
Docket 27
The Court will continue the status conference to April 22, 2020 at 9:00 a.m. Pursuant to the parties' request, the Court will order this adversary proceeding into mediation. The parties shall lodge a mediation stipulation on or before December 15, 2019.
COURT TO PREPARE ORDER.
Debtor(s):
Phillip Barry Greer Pro Se
9:00 AM
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#: 8:18-01155 Naylor v. Sun et al
Hearing RE: Chapter 7 Trustee's Motion For Order Compelling JPMorgan Chase Bank, N.A. To Produce Documents Pursuant To The Chapter 7 Trustee's Document Subpoena
(Motion filed 10/10/19)
Docket 70
The Court will grant the Motion for the reasons argued by the Trustee in his motion and his reply to Ms. Sun's opposition.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Chester Davenport Pro Se
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 Thomas H Casey
9:00 AM
Adv#: 8:18-01208 Eastwest Partners Investment, LLC v. Davenport
CONT'D Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1
(Motion filed 8/23/19) (Amended Motion filed 8/26/19)
FR: 9-25-19
Docket 44
The Court will grant the motion.
COURT TO PREPARE ORDER.
Debtor(s):
Chester Davenport Pro Se
Defendant(s):
Chester Davenport Pro Se
Plaintiff(s):
Eastwest Partners Investment, LLC Represented By
Stella A Havkin
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
Adv#: 8:19-01169 Sordi et al v. Goddard et al
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt
[Section 523(a)(2)(A) or Section 523(a)(2)(B)]
Docket 1
The Court will continue the status conference to April 15, 2020 at 9:00 a.m. to permit the parties time to file settlement documents.
COURT TO PREPARE ORDER.
Debtor(s):
Matthew Dean Goddard Represented By Fred Edwards
Defendant(s):
Matthew Dean Goddard Pro Se
Laura Christine Goddard Pro Se
Joint Debtor(s):
Laura Christine Goddard Represented By Fred Edwards
Plaintiff(s):
Reza Sordi Pro Se
Shahlaw Hashimi Pro Se
9:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Adv#: 8:19-01167 Complete Business Solutions Group, Inc. v. South Coast Behavioral Health,
STATUS CONFERENCE Hearing RE: Complaint To Determine Ownership In Accounts Receivable And The Proceeds
(Complaint Filed 8/8/19)
Docket 1
- NONE LISTED -
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Defendant(s):
South Coast Behavioral Health, Inc. Pro Se Reliable Fast Cash LLC Pro Se
Ikhan Capital LLC, Pro Se
Bridge Funding Capital LLC, Pro Se West Coast Business Capital LLC, Pro Se FID Funding Pro Se
BMF Capital LLC Pro Se
Plaintiff(s):
Complete Business Solutions Group, Represented By
Karel G Rocha
9:00 AM
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union (aka OCTFCU)
(Motion filed 9/19/19)
[RE: 2014 Jeep Compass - Amount: $8,258.39]
Docket 9
The Court will approve the reaffirmation agreement if the vehicle is insured, Debtor is current on the loan and can make all the remaining payments, and Debtor is comfortable with a reaffirmation.
COURT TO PREPARE ORDER.
Debtor(s):
Diana Magally Cantuna Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union (aka OCTFCU)
(Motion filed 9/19/19)
[RE: 2013 Ford Flex - Amount: $7,667.10]
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):
Carlos Mota Represented By
Christopher J Langley
Joint Debtor(s):
Nina Mota Represented By
Christopher J Langley
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union (aka OCTFCU)
(Motion filed 9/19/19)
[RE: MasterCard SECC - Amount: $3,220.66]
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):
Carlos Mota Represented By
Christopher J Langley
Joint Debtor(s):
Nina Mota Represented By
Christopher J Langley
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Hearing RE: Reaffirmation Agreement Between Debtor And American Honda Finance Corporation
(Motion filed 10/15/19)
[RE: 2015 Honda Accord - Amount: $14,734.37] [VIN No.: 1HGCR2F55FA002641]
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):
Charlene Oros Represented By Daniel King
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
CONT'D Final Hearing RE: Emergency Motion For Interim And Final Order Authorizing Debtor In Possession To Use Cash Collateral Under 11 U.S.C. Section 363(e)
(Motion filed 10/8/19)
FR: 10-15-19
[Tele. appr., John D. Ellis, repr., United States of America]
Docket 9
(Note: The IRS is not required to appear.).
The Court will grant the Motion, subject to the terms of the Stipulation between the Debtors and the IRS.
DEBTORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Kathy D Gorski Represented By Andy C Warshaw
Joint Debtor(s):
Michael A Gorski Represented By Andy C Warshaw
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 9-11-19; 10-9-19
[Tele. appr., William J. Serritella, repr., Providence Bank and Trust]
Docket 33
- NONE LISTED -
Debtor(s):
Andrea Mythanh Le 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: 9-11-19
Docket 15
- NONE LISTED -
Debtor(s):
Luis Daniel Ochoa 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: 9-11-19; 10-9-19
Docket 20
- NONE LISTED -
Debtor(s):
Donald Louis Pearce 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
Plan Terms:
Plan %:
Plan Duration:
Monthly Payment:
341(a) Meeting Held:
Plan Filed:
Service:
Objections:
Response to Objections:
Debtor(s):
Eugene Howard Long Represented By Erika Luna
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 17
- NONE LISTED -
Debtor(s):
Ligia M Hallstrom Represented By Randolph R Ramirez
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 28
Plan Terms:
Plan %:
Plan Duration:
Monthly Payment:
341(a) Meeting Held:
Plan Filed:
Service:
Objections:
Response to Objections:
Debtor(s):
Sung Kuk Lee Represented By Bert Y Kawahara
2:00 PM
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 20
Plan Terms:
Plan %:
Plan Duration:
Monthly Payment:
341(a) Meeting Held:
Plan Filed:
Service:
Objections:
Response to Objections:
Debtor(s):
Scott William Gardner Represented By Richard G Heston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Narciso Lim Represented By
Kevin Tang
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
- NONE LISTED -
Debtor(s):
Steffanie Brooks Aguilar Represented By Timothy McFarlin
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Gerald Carroll 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):
Demetrio Navarro Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 18
- 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: Confirmation Of Chapter 13 Plan
Docket 10
- NONE LISTED -
Debtor(s):
Kerree Johansen Represented By William P White
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):
Donnie R Poucher 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):
Luong Ngoc Dang 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):
Mario Aguilar 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):
Gloria Perez 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):
Lilia Margarita Lopez de Aguilera Represented By
Peter L Nisson
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 9/4/19)
(Opposition filed 9/30/19)
Docket 37
The Court will grant Trustee's motion to dismiss Chapter 13 proceeding.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Robert Matthew Coburn Represented By Heather J Canning Michael E Clark
Joint Debtor(s):
Sharon Ann Young Represented By Heather J Canning Michael E Clark
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 6/7/19) FR: 8-7-19; 10-9-19
Docket 35
On October 30, 2019, the Court entered an order granting debtor's motion to modify plan or suspend plan payments. Accordingly, the Court will deny the Trustee's motion to dismiss case as moot.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Barbara Jo O'Brien Represented By Daniel King
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Failure To Make Plan Payments
(Motion filed 10/8/19) (Opposition filed 10/10/19)
Docket 54
- NONE LISTED -
Debtor(s):
Alfredo Alvarado Represented By Norma Duenas
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 10/10/19) (Opposition filed 10/22/19)
Docket 54
- NONE LISTED -
Debtor(s):
Jason Dalton Represented By
Todd L Turoci
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 10/10/19)
Docket 0
This matter is vacated as moot (in view of structured dismissal of the bankruptcy case and adversary proceeding(s)).
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 et al
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 10/10/19)
Docket 1
This matter is vacated as moot (in view of structured dismissal of the bankruptcy case and adversary proceeding(s)).
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
California Department of Tax and Represented By
Lisa W Chao
Plaintiff(s):
USA Sales, Inc. Represented By Lisa Nelson
9:00 AM
A. Lavar Taylor Daren M Schlecter Bruce A Emard
9:00 AM
Adv#: 6:18-01121 Altman v. Shin
PRE-TRIAL 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))
(Cont from 9/19/19)
Docket 1
This adversary proceeding is moot in view of the Court's dismissal of the main bankruptcy case.
The Court order this adversary proceeding dismissed on grounds of mootness. COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Defendant(s):
Yun Hei Shin Represented By
Kathleen P March
9:00 AM
Plaintiff(s):
Murray Altman Represented By Andrew S Bisom
9:00 AM
Adv#: 6:19-01075 Anderson v. Woodard et al
Hrg. on Defendant's Motion to Dismiss Adversary Proceeding for: 1) Failure to State a Claim Upon Which Relief Can be Granted; 2) Lack of Standing; and 3) Lack of Subject Matter Jurisdiction
Docket 17
- NONE LISTED -
Debtor(s):
Douglas Craig Woodard Represented By Michael G Spector
Defendant(s):
Douglas Craig Woodard Represented By Michael G Spector
Blithe Partners, LLC Represented By Michael G Spector
Douglas C. Woodard, Jr. Represented By Michael G Spector
Janet M. Woodard Represented By Michael G Spector
Paige Educational Trust Represented By Michael G Spector
Trey Educational Trust Represented By Michael G Spector
Movant(s):
Douglas Craig Woodard Represented By
9:00 AM
Michael G Spector
Blithe Partners, LLC Represented By Michael G Spector
Plaintiff(s):
Karl T. Anderson Represented By Melissa Davis Lowe
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Adv#: 6:18-01236 Fleming, Sr v. Havasu Lakeshore Investments
STATUS CONFERENCE re: Amended Complaint Second Amended Complaint to Determine Validity, Priority and Extent of Lien(s), for Declaratory Relief, and for Equitable Subordination by James E Till on behalf of Terry Lee Fleming Sr against Havasu Lakeshore Investments
Docket 44
The Court will issue a scheduling order:
All discovery closes August 31, 2020.
All discovery motions shall be heard before September 30, 2020.
All pretrial motions shall be heard before October 31, 2020.
Pretrial conference is calendared for November 12, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
Gregory M. Garrison Frederick M Reich
Plaintiff(s):
Terry Lee Fleming Sr Represented By
9:00 AM
James E Till
9:00 AM
Adv#: 6:18-01059 Banhart v. Marchand
Hrg. on PRE-TRIAL 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 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#: 6:19-01118 SAEEDY v. Collaso
STATUS CONFERENCE re: Complaint by LYDA SAEEDY against Randolph Collaso. false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))
Docket 1
The Court will send this adversary proceeding into mediation at the parties' request in the status report.
The parties shall file a mediation stipulation and lodge an order thereon on or before December 6, 2019.
The status conference is continued to May 7, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Debtor(s):
Randolph Collaso Represented By Richard G Heston
Defendant(s):
Randolph Collaso Represented By Richard G Heston
Plaintiff(s):
LYDA SAEEDY Represented By Michael Jones
9:00 AM
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 9/12/19)
Docket 0
The Court will inquire into Debtor's compliance with U.S. Trustee's guidelines and requirements. The Court will set a deadline of September 30, 2020 for filing a plan and disclosure statement and a deadline of December 31, 2020 for confirming a chapter 11 plan. The next schedule conference is scheduled for February 27, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Silver Lakes Resort Lodge Interval Represented By
Teresa A. Blasberg
9:00 AM
Hrg. on Chapter 11 Status Conference
Docket 0
The Court will inquire into Debtor's compliance with United States Trustee guidelines and requirements. The Court will set a deadline of September 30, 2020 for filing a plan and disclosure statement and a deadline of December 31, 2020 for confirming a chapter 11 plan. The next status conference is scheduled for February 20, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
RVT Inc Represented By
Julie J Villalobos
9:00 AM
Adv#: 6:17-01273 Havasu Lakeshore Investments 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., ] (Tele. appr. Martin Eliopulos, rep. Havasu)
(Cont. from 6/7/18)
Docket 0
The Court will set the pretrial conference in this adversary proceeding for February 20, 2020 at 9:00 a.m. Compliance with LBR 7016-1(b)(2)(E) is excused. At the pretrial conference on February 20, any interested party may argue that this adversary proceeding should be stayed until the completion of Debtor's plan of reorganization. Briefs on this issue are due January 15, 2020 and responses are due February 1, 2020.
COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
Terry Lee Fleming Jr Represented By
9:00 AM
Michael B Reynolds James E Till
Patricia Wilson-Fleming Represented By Randall S Waier
Havasu Landing LLC Represented By Michael B Reynolds James E Till
Terry Lee Fleming Sr Represented By James E Till
Michael B Reynolds
Plaintiff(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Ally Bank, in the amount of $31,720.67
Re: 2018 GMC Canyon
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):
Stephen Jonathan Tate Pro Se
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement filed 9/27/19 between Debtor and
U.S. Bank National Association, in the amount of $2715.25 Re: 2010 Mercedes-Benz
Docket 16
The reaffirmation agreement is approved provided that the loan is current, vehicle is insured and debtor is comfortable with a reaffirmation.
COURT TO PREPARE ORDER.
Debtor(s):
Armando Castillo Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and CEFCU, in the amount of $2422.74
Re: 2010 Toyota Rav4
Docket 11
The reaffirmation agreement is approved.
COURT TO PREPARE ORDER.
Debtor(s):
Veronica A Hernandez Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Hrg. on Chapter 11 Status Conference (Cont. from 9/19/19)
Docket 1
- NONE LISTED -
Debtor(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
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))
(Cont. from 8/15/19)
(To be heard in Santa Ana. No video connection required)
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 Failure to File Corporate Resolution
Docket 0
Debtor(s):
RVT Inc Represented By
Julie J Villalobos
9:00 AM
Exeter Finance LLC vs. DEBTORS (Motion filed 10/17/19)
Re: 2012 BMW 740
(Tele. appr. Alan Leeth, rep. Exeter Finance, LLC)
Docket 15
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.
Debtor(s):
Marcus Jermaine Sanders Represented By Neil R Hedtke
Joint Debtor(s):
Shanbie Lashawn Sanders Represented By Neil R Hedtke
9:00 AM
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
USAA Federal Savings Bank vs. DEBTOR (Motion filed 10/18/19)
RE: 45446 7th St., Big Bear City, CA 92314
(Tele. appr. Darlene Vigil, rep. USAA Federal Savings Bank)
Docket 11
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) only.
Debtor(s):
Brian Kon Represented By
Paul Y Lee
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
Frances Machado vs. DEBTOR (Motion filed 9/24/19)
(Cont. from 10/15/19)
Re: ACTION IN NON-BANKRUPTCY FORUM RE: marital dissolution claims
(Tele. appr. Lynda Bui, rep. Trustee, Lynda Bui)
Docket 12
The Court will grant the parties' request to continue the hearing on motion for relief from stay, to a date to be determined.
The parties shall select a hearing date from the Court's available hearing dates calendar for the motion and file a pleading continuing the hearing, or file a stipulation and lodge an order thereon for the record.
Debtor(s):
Vincent Machado Represented By
C Scott Rudibaugh
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Santander Consumer USA Inc. vs. DEBTOR, Robert Whitmore, trustee (Motion filed 10/8/19)
Re: 2015 Mitsubishi Mirage, VIN: ML32A3HJ9FH035704
(Tele. appr. Sheryl Ith, rep. creditor, Santander)
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.
Debtor(s):
Tamisha Lasha McNeely-Richardson Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
TD Auto Finance LLC vs. DEBTOR, Larry D. Simons, trustee (Motion filed 10/16/19)
Re: 2017 Cadillac ATS, VIN:1G6AB5RX6H0118595
(Tele. appr. Sheryl Ith, rep. creditor, TD Auto Finance)
Docket 15
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.
Debtor(s):
Aung Zaw Moe Represented By Keith Q Nguyen
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
American Honda Finance Corporation vs. DEBTOR, Karl T. Anderson, chapter 7 trustee
(Motion filed 10/14/19)
Re: 2019 HONDA CIVIC, VIN: 2HGF C4B8 2KH3 00652
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.
Debtor(s):
Bertha Eva Briones Represented By Edgar P Lombera
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
Docket 144
The Court will inquire whether Mr. Timothy Murphy produced the vehicles for inspection on or about October 18, 2019.
Debtor(s):
Timothy David Murphy Represented By Timothy D Murphy Patricia A Mireles
Trustee(s):
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
2:00 PM
Docket 50
- NONE LISTED -
Debtor(s):
Monica Del Cano Represented By William Radcliffe
Trustee(s):
Karl T Anderson (TR) Represented By Lovee D Sarenas
2:00 PM
345(b) on an interim basis and (5) Granting certain related relief
Docket 16
Grant.
The Court will inquire whether the retention of existing bank accounts, even for a brief period, will subject Debtor to adverse cash sweeps by its prepetition lenders (or, alternatively, whether such lenders have already committed to ending such cash sweeps).
Debtor(s):
Affordable Auto Repair, Inc. Represented By Michael Jones
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; 11-14-18; 4-8-19; 8-12-19
Docket 1
The Court will inquire into the Debtors' compliance with U.S. Trustee guidelines and requirements. Generally speaking, the Court is satisfied with the efforts of the parties to move this case toward resolution on multiple fronts.
Next status conference: April 15, 2020 at 9:00 a.m. Updated status report is due April 1, 2020.
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#: 8:17-01209 Official Committee Of Unsecured Creditors v. Case Paper Co., 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)
FR: 4-4-18; 12-12-18; 3-27-19; 10-9-19
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):
Case Paper Co., Inc. Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine Jeffrey P Nolan
9:00 AM
Adv#: 8:17-01213 Official Committee Of Unsecured Creditors v. United Information Services,
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)
FR: 4-4-18; 12-12-18; 3-27-19; 10-9-19
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):
United Information Services, Inc. Represented By
David B Golubchik
Sourcehov LLC Represented By David B Golubchik
9:00 AM
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; 12-12-18; 7-17-19
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; 12-12-18; 1-23-19; 7-17-19
Docket 1
The Court will inquire into the status of the parties' efforts to resolve this matter consensually.
Next status conference: May 13, 2020 at 9:00 a.m. with an updated status report due April 30, 2020.
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
9:00 AM
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
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; 12-12-18; 7-17-19
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#: 8:17-01068 Pette v. Sanders
Hearing RE: Motion For Entry Of Final Judgment On False Oath Claim Pursuant To FRCP 54(b)
(Motion filed 10/8/19)
Docket 99
- NONE LISTED -
Debtor(s):
Ralph E Sanders Pro Se
Defendant(s):
Ralph E Sanders Represented By Gregory L Bosse
Plaintiff(s):
Larnita Pette Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
Adv#: 8:18-01121 Getson et al v. Devine
CONT'D PRE-TRIAL 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) (PTC set at S/C held 3/13/19)
FR: 9-19-18; 3-13-19, 6-19-19
Docket 1
- NONE LISTED -
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 Mitchell B Hannah
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Adv#: 8:18-01155 Naylor v. Sun et al
Hearing RE: Motion Of Defendant Yan Yu Sun In Opposition To Plaintiff's Subpoena For Bank Records
(Motion filed 10/7/19)
Docket 67
Pursuant to LBR 9013-1(j)(3), the Court will dispense with oral argument on this matter. The Court denies the motion with prejudice for the reasons argued by the Chapter 7 Trustee in his opposition to the motion, namely mootness and movant's lack of standing.
Debtor(s):
Chester Davenport Pro Se
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 Thomas H Casey
9:00 AM
CONT'D Hearing RE: Approval Of Debtor's Disclosure Statement Accompanying Debtor's First Amended Chapter 11 Plan
(D.S. filed 6/5/19) FR: 7-17-19
Docket 168
The Court will continue the Disclosure Statement hearing to February 19, 2020 at 2:00 p.m.
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
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; 11-14-18; 2-27-19; 7-10-19; 7-17-19 at 9:00 a.m.; 7-17-19
Docket 0
The Court will continue the Status Conference to February 19, 2020 at 2:00 p.m. with an updated status report due February 5, 2020.
Debtor(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 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; 8-29-18; 6-19-19; 8-21-19
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
9:00 AM
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
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 4/15/19)
FR: 6-19-19
Docket 1
- NONE LISTED -
Debtor(s):
SoCal REO Acquisitions Group LLC Represented By
Nima S Vokshori
9:00 AM
Adv#: 8:19-01158 South Coast Behavioral Health, Inc. v. Reliable Fast Cash, LLC et al
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Declaratory Relief;
Usury;
Avoidance Of Preferential Transfers;
Avoidance Of Fraudulent Transfers;
Recovery Of Preferential And Fraudulent Transfers;
Fraud;
Racheteering (18 U.S.C. Section 1962)
AND Hearing RE: Status Conference Hearing RE: Counter-Claim
(Complaint filed 7/30/10) (Counter-Claim filed 8/30/19)
FR: 10-6-19
Docket 1
The Court will issue a scheduling order to provide as follows: All discovery closes May 31, 2020.
All discovery motions shall be heard before June 30, 2020. All pretrial motion shall be heard before July 31, 2020.
Pretrial conference is set for August 12, 2020 at 9:00 a.m.
Mediation stipulation, if any, shall be filed, and an order lodged thereon, on or before December 15, 2019.
9:00 AM
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Defendant(s):
Reliable Fast Cash, LLC Pro Se
Mendl Chanin Pro Se
Plaintiff(s):
South Coast Behavioral Health, Inc. Represented By
Sean A OKeefe
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 1/18/19)
FR: 3-20-19; 6-19-19
Docket 0
The Court will inquire into compliance with U.S. Trustee guidelines and requirements.
Next status conference: March 25, 2020 at 9:00 a.m.
Debtor(s):
Hill Concrete Structures Represented By Michael Jones
2:00 PM
Hearing RE: Motion For Approving Individual Disclosure Statement In Support Of Debtor's Plan Of Reorganization
(Motion filed 9/30/19) (D.S. filed 9/30/19)
Docket 50
The Court will disapprove the Disclosure Statement for the reasons it will indicate at the hearing and set a new disclosure statement hearing for January 29, 2020 at 2:00
p.m. An amended disclosure statement shall be filed and served on or before December 20, 2019.
Debtor(s):
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
2:00 PM
Hearing RE: Disclosure Statement Describing Debtor's Plan Of Reorganization (D.S. filed 11/7/19)
Docket 39
The Court will sustain the objection of the County of San Diego: 18% interest is required and, additionally, the County's tax claim must be paid in full within 60 months from the April 2019 petition date. The Court agrees with U.S. Bank that the plan is patently non-confirmable.
The Court will disapprove the disclosure statement and continue the disclosure statement hearing to January 29, 2020 at 2:00 p.m.
Debtor shall file a first amended disclosure statement on or before December 10, 2019. Objections to the amended disclosure statement are due January 10, 2020.
Alternatively, Debtor or any interested party may file a motion to convert this case to chapter 7 or to dismiss it.
Debtor(s):
SoCal REO Acquisitions Group LLC Represented By
Nima S Vokshori Henry D Paloci
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 4/15/19)
FR: 6-19-19; 11-13-19 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: To be determined.
Debtor(s):
SoCal REO Acquisitions Group LLC Represented By
Nima S Vokshori
9:00 AM
Adv#: 6:17-01271 United States Trustee for the Central District of v. Ashcraft et al
PRE-TRIAL CONFERENCE re: Complaint for Disgoregement of Fees, Civil Penalties, Sanctions, and Declaratory, Injunctive, and other relief
(Cont. from 8/8/19)
Docket 0
The Court will vacate the hearing in view of judgment entered 8/16/19.
Debtor(s):
Mary Ann Gilmore Represented By Patricia M Ashcraft
Defendant(s):
Patricia M Ashcraft Represented By Todd L Turoci
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
9:00 AM
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
Adv#: 6:18-01081 Escontrias v. Hageman et al
PRE-TRIAL 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)
(Cont. 8/22/19)
Docket 1
No tentative ruling.
Debtor(s):
Christopher Allen Hageman Represented By Roland D Tweed
Defendant(s):
Christopher Allen Hageman Pro Se
Crystal Dee Hageman Pro Se
Kai Hargis Pro Se
Joint Debtor(s):
Crystal Dee Hageman Represented By Roland D Tweed
9:00 AM
Plaintiff(s):
Pilar Escontrias Represented By
Ada R Cordero-Sack
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Adv#: 6:19-01121 United States Trustee for the Central District of v. Sui
STATUS CONFERENCE re: Complaint by United States Trustee for the Central District of California, Region 16 against Yongming Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e)))
Docket 1
APPEARANCES REQUIRED.
The Court will issue a scheduling order:
All discovery closes March 31, 2021.
All discovery motions shall be heard before April 30, 2021.
All pretrial motions shall be heard before May 31, 2021.
A pretrial conference is set for June 17, 2021 at 9:00 am.
COURT TO PREPARE ORDER.
Debtor(s):
Yongming Sui Represented By Michael A Cisneros
Defendant(s):
Yongming Sui Represented By Michael A Cisneros
Plaintiff(s):
United States Trustee for the Central Represented By
9:00 AM
Trustee(s):
Everett L Green
Karl T Anderson (TR) Represented By
Misty A Perry Isaacson
9:00 AM
STATUS CONFERENCE re: 7 Involuntary Petition Against a Non-Individual
Docket 1
The Court will continue the status conference to April 9, 2020 at 9:00 am. An updated status report is due on or before March 26, 2020.
COURT TO PREPARE ORDER.
Debtor(s):
Caribou Energy Corporation Pro Se
9:00 AM
Hrg. on Chapter 11 Status Conference (Cont. from 9/12/19)
Docket 0
The Court will inquire into Debtor's compliance with U.S. Trustee's guidelines and requirements. The Court will extend its deadline to file a plan and disclosure statement to February 29, 2020, and the deadline for confirming a plan to April 30, 2020.
Debtor(s):
Michael A. Madrid Represented By
Benjamin A Yrungaray
9:00 AM
Adv#: 6:18-01071 Murphy v. Murphy
TRIAL re: Complaint to deny discharge under 11 U.S.C. Section 727(a)(4)(A)
Docket 31
Debtor(s):
Timothy David Murphy Represented By Timothy D Murphy Patricia A Mireles
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
Adv#: 6:18-01071 Murphy v. Murphy
TRIAL re: Complaint to deny discharge under 11 U.S.C. Section 727(a)(4)(A)
Docket 31
Debtor(s):
Timothy David Murphy Represented By Timothy D Murphy Patricia A Mireles
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
Adv#: 6:18-01071 Murphy v. Murphy
TRIAL re: Complaint to deny discharge under 11 U.S.C. Section 727(a)(4)(A)
Docket 31
Debtor(s):
Timothy David Murphy Represented By Timothy D Murphy Patricia A Mireles
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
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 6/20/19)
FR: 8-21-19
Docket 59
The Court will inquire into the Debtor's compliance with U.S. Trustee's guidelines and requirements.
Next status conference: March 18, 2020 at 9:00 a.m. An updated status report is due March 4, 2020.
COURT TO PREPARE ORDER.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
9:00 AM
Motion for relief from stay [Personal Property]
SchoolsFirst Federal Credit Union vs. DEBTOR (Motion filed 10/21/19)
[RE: 2017 Jeep Cherokee - VIN No.: 1C4RJEAG4HC846171]
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.
Debtor(s):
Luis M Casillas Represented By Kevin Tang
9:00 AM
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Lakeview Loan Servicing, LLC vs. DEBTOR (Motion filed 10/23/19)
[RE: 2096 Corwin Road, Bullhead City, AZ 86442]
Docket 21
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):
Doris Jean O'Rourke Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
M. Hoyt Family Trust, Mathew Hoyt As Trustee; David Alvillar vs. DEBTOR (Motion filed 10/31/19)
[RE: 1609 S Cedar Street, Apt. B, Santa Ana, CA 92707]
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.—OR --- 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):
Alberto Ramirez Marin Represented By Randy Alexander
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Wells Fargo Bank, N.A. vs. DEBTOR (Motion filed 10/31/19)
[RE: 1682 W Ord Way, Anaheim, CA 92802-4519]
Docket 81
The Court will inquire whether all arrearages have been cured as of the hearing date.
The Court will inquire whether all post petition payments have been made.
Debtor(s):
Ernesto Rafael Montalvo Represented By Claudia C Osuna
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Unlawful Detainer]
Carlos Covarrubias vs. DEBTOR (Motion filed 10/31/19)
[RE: 21460 Via Espana, Yorba Linda, CA 92886]
Docket 13
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.—OR --- 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):
Mary Zanki Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
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; 11-14-18;
5-6-19 at 2:00 p.m.; 5-6-19; 7-17-19
Docket 593
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 Robert P Goe
2:00 PM
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; 11-14-18;
11-14-18; 5-6-19 at 2:00 p.m.; 5-6-19; 7-17-19
Docket 611
Chapter 7 trustee Karen Sue Naylor (the "Trustee") moves to strike certain portions of the opposition of debtor Richard Clark Farrell (the "Debtor") to the Trustee’s supplemental application to employ Hahn Fife & Company, LLP ("Hahn Fife").
The Trustee initially served as chapter 11 trustee in this case. In such capacity, the Trustee employed Hahn Fife. The Court approved Hahn Fife’s employment application by order entered May 1, 2015 with an effective date of March 30, 2015.
The case was converted to chapter 7 on May 6, 2016, and the Trustee was appointed as chapter 7 trustee. Hahn Fife’s application to serve as accountant for the Trustee in her capacity as chapter 7 trustee was approved by the Court on July 20, 2016.
During its tenure as accountant to the Trustee, first in her capacity as chapter 11
2:00 PM
trustee and later in her capacity as chapter 7 trustee, Hahn Fife engaged the services of certain forensic accountants. The Trustee has taken the position that fees of these forensic accountants properly can be run through Hahn Fife and paid through a Hahn Fife fee application. Alternatively, the Trustee asks (in a separate motion) for Court approval of the employment of such forensic accounting professionals (the "Employment Application"). The Debtor argues that the Employment Application should be denied by this Court (the "Opposition to the Employment Application").
On September 20, 2016, this Court entered an order (the "September 2016 Order") permitting the Trustee to file an employment application for the forensic accountant (Mr. Wesley L. Nutten) and permitting the Debtor to oppose such application. The September 2016 Order provides, in relevant part, as follows in bold-faced type: "No party in interest shall directly or indirectly collaterally attack all or any portion of any declaration made by Mr. Nutten prior to the date of entry of this order in any pleading . . .".
Mr. Nutten filed a declaration on May 26, 2016 (the "May 2016 Declaration") in support of a turnover motion filed by the Trustee. Such declaration is within the scope of the Court’s September 2016 Order because it pre-dates such order. In the May 2016 Declaration, Mr. Nutten makes statements generally supporting the propositions that C3 Lighting Solutions, Inc. ("C3") owed approximately $2.4 million to Debtor prepetition and that C3 paid Debtor’s personal expenses after Debtor filed his bankruptcy petition. Of special note is that the May 2016 Declaration asserts that Debtor had been making sizable loans to C3 prepetition – in direct contradiction of Debtor’s assertion that money flowing into C3 were capital contributions as opposed to loans.
Debtor’s Opposition to the Employment Application" seeks in various ways to undermine statements in the May 2016 Declaration that money flowing into C3 prepetition were loans rather than capital contributions. Also attacked are statements in the May 2016 Declaration regarding C3’s balance sheet items and C3’s
2:00 PM
alleged payment of Debtor’s personal expenses.
The Court finds that these efforts and statements in the Opposition to the Employment Application are in violation of the September 2016 Order as a direct or indirect collateral attack on the May 2016 Declaration. Accordingly, the Court strikes numbered paragraphs 8, 9, 11, 21, 28, 29, 30, 31 and 32 in the Opposition to the Employment Application. If as a technical matter the Court is precluded from striking such paragraphs as argued by Debtor, the Court alternatively determines that it will give no effect to such numbered paragraphs and will exclude them from evidence pursuant to the Federal Rules of Bankruptcy Procedure, the Federal Rules of Evidence and this Court’s inherent powers.
The Court does not perceive that numbered paragraphs 4, 5, 6, 7, 10, 23, 25, 26 and 27 violate the September 2016 Order and therefore declines to strike or exclude from evidence such paragraphs.
The Court will excuse the alleged late filing of the Opposition to the Employment Application.
The Trustee’s motion to strike is granted in part and denied in part.
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
2:00 PM
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
2:00 PM
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; 11-14-18;
11-14-18; 5-6-19 at 2:00 p.m.; 5-6-19; 7-17-19
Docket 651
- NONE LISTED -
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
2:00 PM
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; 11-14-18; 11-14-18; 5-6-19 at 2:00 p.m.; 5-6-19; 7-17-19
Docket 487
- NONE LISTED -
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 Robert P Goe
2:00 PM
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;
11-14-18; 5-6-19; 7-17-19
Docket 510
- NONE LISTED -
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
2:00 PM
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)
[C3 Lighting Solutions Inc. ONLY - Dismissed With Prejudice - Docket no. (54)]
FR: 12-7-16; 5-31-17; 10-4-17; 11-29-17; 3-28-18; 5-2-18; 5-9-18; 11-14-18;
5-6-19 at 2:00 p.m.; 5-6-19; 7-17-19
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
2:00 PM
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
2:00 PM
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; 11-14-18; 5-9-19 at
2:00 p.m.; 5-6-19; 7-17-19
Docket 1
- NONE LISTED -
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
Trustee(s):
Karen S Naylor (TR) Represented By
2:00 PM
Nanette D Sanders Brian R Nelson Robert P Goe
2:00 PM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
Hearing RE: Plaintiff Diamond Enterprises, Ltd. LP's Motion To Compel Solitek Solutions, Inc. To Produce Documents Responsive To Subpoena
(Motion filed 5/1/19)
(Set per Order Entered 9-27-19)
Docket 41
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 Annie Y Stoops
2:00 PM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
Hearing RE: Plaintiff Diamond Enterprises, Ltd. LP's Motion To Compel Torres Construction Services, Inc. To Produce Documents Responsive To Subpoena (Motion filed 5/1/19)
(Set per Order Entered 9/27/19)
Docket 42
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 Annie Y Stoops
2:00 PM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
Hearing RE: Plaintiff Diamond Enterprises, Ltd. LP's Motion To Compel Kathy Younessi To Produce Documents Responsive To Subpoena
(Motion filed 5/1/19)
(Set per Order Entered 9/27/19)
Docket 43
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 Annie Y Stoops
2:00 PM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
Hearing RE: Plaintiff Diamond Enterprises, Ltd. LP's Motion To Compel James
T. Imperiale To Produce Documents Responsive To Subpoena (Motion filed 5/1/19
(Set per Order Entered 9/27/19)
Docket 44
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 Annie Y Stoops
2:00 PM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
Hearing RE: Plaintiff Diamond Enterprises, Ltd. LP's Motion To Compel Tiara Enterprises LLC To Produce Documents Responsive To Subpoena
(Motion filed 5/1/19)
(Set per Order Entered 9/27/19)
Docket 45
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 Annie Y Stoops
2:00 PM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
Hearing RE: Plaintiff Diamond Enterprises, Ltd. LP's Motion To Compel Aliso Enterprises LLC To Produce Documents Responsive To Subpoena
(Motion filed 5/1/19)
(Set per Order Entered 9/27/19)
Docket 46
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 Annie Y Stoops
2:00 PM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
Hearing RE: Plaintiff Diamond Enterprises, Ltd. LP's Motion To Compel MJAK Investment, LLC To Produce Documents Responsive To Subpoena
(Motion filed 5/1/19)
(Set per Order Entered 9/27/19)
Docket 47
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 Annie Y Stoops
2:00 PM
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
Hearing RE: Plaintiff Diamond Enterprises, Ltd. LP's Motion To Compel Pacifica Holdings, LLC To Produce Documents Responsive To Subpoena
(Motion filed 5/1/19)
(Set per Order Entered 9/27/19)
Docket 48
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 Annie Y Stoops
2:00 PM
CONT'D Hearing RE: Motion For An Order To Show Cause Why Former Counsel To The Debtor, Ashishkumar Patel, [California Bar Number 207293] Should Not Be Referred To The Disciplinary Panel For Bankruptcy Courts For The Central District Of California Or Otherwise Disciplined Pursuant To The Courts Inherent Authority To Impose Discipline Pursuant To Local Rule 83-3.1 Of The Local Rules For The Central Of California
(Motion filed 9/16/19) FR: 10-28-19
Docket 27
The Court will continue the hearing on the motion for an OSC to February 10, 2020 at 2:00 p.m. pursuant to FRBP 9014(c).
Discovery rules of Part VII of the Federal Rules of Bankrupcty Procedure are applicable, and discovery shall open on November 26, 2019, and close by January 24, 2020.
Any party may file a supplemental brief on the matter on or before January 31, 2020. UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Celso Ponce Ortiz Represented By Ashishkumar Patel
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Motion For An Order Reopening Chapter 7 Case To Recover Disgorgement Proceeds From Former Counsel To The Debtor And To File Motion For An Order To Show Cause Why Former Counsel To The Debtor, Ashishkumar Patel, [California Bar Number 207293] Should Not Be Referred To The Disciplinary Panel For Bankruptcy Courts For The Central District Of California Or Otherwise Disciplined Pursuant To The Courts Inherent Authority To Impose Discipline Pursuant To Local Rule 83-3.1 Of The Local Rules For The Central Of California
(Motion filed 9/13/19) FR: 10-28-19
Docket 24
The United States Trustee has shown cause to reopen this case within the meaning of FRBP 5010 and LBR 5010-1.
The Court will grant the UST's motion. Additionally, the Court will direct the UST to appoint a chapter 7 Trustee in the case.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Celso Ponce Ortiz Represented By Ashishkumar Patel
2:00 PM
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
Hearing RE: Debtors And Debtors'-In-Possession Motion For Order (1) Authorizing Maintenance Of Existing Bank Accounts For A Limited Period Pursuant To 11 U.S.C. Sections 105, 345, And 363; And (2) Confirming No Cash Collateral On The Collection Of Rents
(Motion filed 10/28/19)
Docket 12
- NONE LISTED -
Debtor(s):
John Alan Stacey Represented By Richard A Marshack David Wood
Joint Debtor(s):
Kathleen Lee Stacey Represented By Richard A Marshack David Wood
2:00 PM
Hearing RE: Chapter 7 Trustee's Application To Employ Real Estate Agent Jeanne Herman of Landfinder Country Properties
(Motion filed 9/26/19) (Objection filed 10/10/19)
(Set per Notice of Hearing filed 10/30/19)
Docket 84
In order to avoid the appearance of inpropriety and to foreclose future disputes about Jeane Herman's interest and role in this matter, the Court will deny the application and require the Trustee to find another real estate agent in Washoe County, Nevada.
COURT TO PREPARE ORDER.
Debtor(s):
Scott Lawrence Chappell Represented By Stephen E Olear
Joint Debtor(s):
Alicia Woolsey Represented By Stephen E Olear
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
Hearing RE: Application Of The Chapter 7 Trustee To Employ Counsel, Law Office Of Thomas H. Casey, Inc., A Professional Corporation Effective September 25, 2019
(Motion filed 10/31/19)
Docket 91
The Court intends to grant the motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Scott Lawrence Chappell Represented By Stephen E Olear
Joint Debtor(s):
Alicia Woolsey Represented By Stephen E Olear
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey
2:00 PM
Hearing RE: Application Of The Chapter 7 Trustee To Employ Counsel (Weiland Golden Goodrich LLP) Pursuant To 11 U.S.C. Sections 327 and 330 (Motion filed 10/21/19)
(Objection filed 11/4/19)
(Set per Notice of Hearing filed 11/6/19)
Docket 90
The Court will overrule the opposition and grant the motion for the reasons articulated by the chapter 7 Trustee.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Sepideh Sally Cirino Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By David M Goodrich
9:00 AM
Hockensmith McKinnis Hamill, P.C. - movant attorney Motion for Relief from Stay
Midwest Regional Bank vs. DEBTOR (Motion filed 9/3/19)
Re: Hydro-Excavation Vacuum Trucks (Cont. from 10/15/19)
Docket 51
- NONE LISTED -
Debtor(s):
Caribou Energy Corporation Pro Se
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich
9:00 AM
ZBS Law, LLP - movant attorney Motion for Relief from Stay
Broker Solutions, Inc vs. DEBTOR (Motion filed 10/25/19)
RE: 29314 Wagon Creek LN, Menifee, CA 92584
Docket 9
The motion is denied without prejudice. The movant would appear to be adequately protected with an equity cushion exceeding ten percent.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael D Guffa Represented By Paul Y Lee
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
Hemar, Rousso & Heald, LLP, movant attorney Motion for Relief from the Stay
BMO Harris Bank, N.A. VS. DEBTORS
(Motion filed 11/5/19)
RE: Three (3) 2014 International Prostar Tractors
Docket 59
The Court intends to grant the motion under 11 U.S.C. §362(d)(1).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
RVT Inc Represented By
Julie J Villalobos
9:00 AM
Hemar, Rousso & Heald, LLP, movant attorney Motion for Relief from Stay
BMO Harris Bank, N.A. VS. DEBTOR
(Motion filed 11/5/19)
RE: Two (2) 2015 International Prostar Tractors
Docket 60
The Court intends to grant the motion under 11 U.S.C. §362(d)(1). MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
RVT Inc Represented By
Julie J Villalobos
9:00 AM
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Americredit Financial Services, Inc. vs. DEBTOR, Lynda T. Bui, trustee (Motion filed 10/25/19)
Re: 2017 Chevrolet Express 4500, VIN: 1HA6GUCG5HN010894
Docket 16
Whether an equity cushion of any particular size provides adequate protection for a creditor's security interest in the debtor’s property, pursuant to 11 U.S.C. § 362(d)(1) depends on a consideration of all circumstances. Movant has made a sufficient showing that, in light of the apparent magnitude of the equity cushion and the debtor's failure to make payments, it is not adequately protected. The debtor has failed to produce evidence sufficient to establish that the movant is adequately protected, in light of the arrearages on the property and the failure to make post- petition payments.
Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether debtor has equity in the property. See e.g., Nev. Nat'l Bank v. Casbul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (B.A.P. 9th Cir. 1982); Ramco Indus. v.
Preuss (In re Preuss), 15 B.R. 896 (B.A.P. 9th Cir. 1981). The subject property has a value that is less than the value of the perfected security interest in favor of the movant. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors.
9:00 AM
The Court intends to grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Adam C. Fain Represented By
Lazaro E Fernandez
Joint Debtor(s):
Margaret A. Fain Represented By Lazaro E Fernandez
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
French Lyon Tang - movant attorney Motion for Relief from Stay
Bank of the West vs. DEBTOR (Motion filed 11/4/19)
Re: 2008 NRC MH34 Toterhome
Docket 12
Whether an equity cushion of any particular size provides adequate protection for a creditor's security interest in the debtor’s property, pursuant to 11 U.S.C. § 362(d)(1) depends on a consideration of all circumstances. Movant has made a sufficient showing that, in light of the apparent magnitude of the equity cushion and the debtor's failure to make payments, it is not adequately protected. The debtor has failed to produce evidence sufficient to establish that the movant is adequately protected, in light of the arrearages on the property and the failure to make post- petition payments.
Since a chapter 7 case does not contemplate reorganization, the sole issue before the court when stay relief is sought under 11 U.S.C. § 362(d)(2) is whether debtor has equity in the property. See e.g., Nev. Nat'l Bank v. Casbul of Nev., Inc. (In re Casgul of Nev., Inc.), 22 B.R. 65, 66 (B.A.P. 9th Cir. 1982); Ramco Indus. v.
Preuss (In re Preuss), 15 B.R. 896 (B.A.P. 9th Cir. 1981). The subject property has a value that is less than the value of the perfected security interest in favor of the movant. There is no equity in the subject property and no evidence that the trustee can administer the subject property for the benefit of creditors.
The Court intends to grant the motion.
9:00 AM
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michael Lance Willoughby Represented By Julie J Villalobos
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
Hrg. on Motion Of Chapter 7 Trustee To Approve Settlement Agreement
Docket 2551
The Court intends to grant the motion and approve the settlement agreement.
CHAPTER 7 TRUSTEE 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
Movant(s):
Richard K. Diamond Pro Se
Trustee(s):
Richard K Diamond (TR) Represented By Michael I. Gottfried
Richard S Berger - SUSPENDED - Rodger M. Landau
Richard K Diamond
2:00 PM
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
2:00 PM
Hrg. on Chapter 7 Trustee's Motion for Order: 1) Authorizing Sale of Real Property - 474 & 476 S. Eastern Avenue, Los Angeles, CA 90022; 2) Confirming Sale to Third Party or the Highest Bidder appearing at the hearing; 3) Determining that Buyer is a Good Faith Purchases; and 4) Waiving the fourteen
(14) day stay prescribed by Rule 6004(h) of the Federal Rules of Bankruptcy Procedures
Docket 49
The Court will inquire whether there are any over-bidders, and if there are, will direct the auction to be held in open court. However, bidding increments after the initial over-bid will be $3,000 instead of $1,000. The Court will grant the motion subject to the terms specified in Reverse Mortgage Solutions, Inc. conditional non-opposition.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Ruben Valdivia Pro Se
Movant(s):
Larry D Simons (TR) Represented By Frank X Ruggier
Trustee(s):
Larry D Simons (TR) Represented By Frank X Ruggier
2:00 PM
Hrg. on approval of trustee's final report and application for compensation
Docket 47
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
$1,715.31 and expenses in the amount of $188.30.
The compensation is approved as to Popes Antiques & Auctions, with fees in the amount of $1,975.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Henry Ordan Batac Represented By Carey C Pickford
Joint Debtor(s):
Sally Rile Batac Represented By
2:00 PM
Trustee(s):
Carey C Pickford
Todd A. Frealy (TR) Pro Se
2:00 PM
Hrg. on Motion to Compel Assumption or Rejection of Executory Contracts
and Unexpired Leases and for full Lease Payments prior to Formal Assumption or Rejection
Docket 61
The Court intends to grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
RVT Inc Represented By
Julie J Villalobos
2:00 PM
Hrg. on chapter 7 Trustee's Motion filed 10/18/19 For An Order (1) Approving Sale Of The Estate's Interest In Real Property Free and Clear Of Interests Under 11 U.S.C. Section 363(f); (2) Approving The Proposed Overbid Procedure; and (3) Determining That Buyers Are Entitled To Section 363(m)
Protection
(Cont. from 11/12/19)
Docket 50
- NONE LISTED -
Debtor(s):
Monica Del Cano Represented By William Radcliffe
Trustee(s):
Karl T Anderson (TR) Represented By Lovee D Sarenas
9:00 AM
Adv#: 8:19-01079 Cochrane v. Elliot
Hearing RE: Motion To Dismiss Amended Complaint To Determine Dischargeabiilty Of Debt Under 11 U.S.C. Sections 523(a)(2)(A) [FRBP 7012 And 7009]
(Motion filed 10/7/19)
Docket 19
- NONE LISTED -
Debtor(s):
Robert Michael Elliott Represented By Renee Nasiri
Defendant(s):
Robert Michael Elliot Represented By David R Flyer
Plaintiff(s):
Kevin Cochrane Represented By Jason P. Saccuzzo John W Cutchin Michael W Vivoli
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:19-01178 New Deco Arts & Crafts Co Ltd v. Crawford
STATUS 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 9/6/19)
Docket 1
- NONE LISTED -
Debtor(s):
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Heidi Crawford Pro Se
Plaintiff(s):
New Deco Arts & Crafts Co Ltd Represented By
Zheng Liu
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Adv#: 8:19-01178 New Deco Arts & Crafts Co Ltd v. Crawford
Hearing RE: Plaintiff's Motion To Strike Defendant's Answer And Affirmative Defenses
(Motion filed 10/31/19)
Docket 4
- NONE LISTED -
Debtor(s):
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Heidi Crawford Pro Se
Plaintiff(s):
New Deco Arts & Crafts Co Ltd Represented By
Zheng Liu
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Adv#: 8:19-01179 DX Home Designs Inc. v. Crawford et al
STATUS CONFERENCE Hearing RE: Adversary Complaint For Non- Dischargeability Of Debt Under:
11 U.S.C. Section 523(a)(2)(A) For Property Obtained By False Pretenses, False Representation And Fraud [Section 523(a)(2)];
11 U.S.C. Section 523(a)(4) Fraud Or Defalcation While Acting In A Fiduciary Capacity, Embezzlement Or Larceny;
11 U.S.C. Section 523(a)(6) Willful And Malicious Injury; Adversary For Denial Of Discharge Under:
11 U.S.C. Sections 727(A)(3) For Failure To Maintain And Preserve Adequate Records;
727(a)(4)(A) For Denial Of Discharge For False Oaths In Bankruptcy Documents; And
11 U.S.C. Section 727 (A)(5) For Failure To Explain Loss Of Assets (Complaint filed 9/6/19)
Docket 1
- NONE LISTED -
Debtor(s):
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Style House Inc. Pro Se
Michael Dean Crawford Pro Se
Heidi Crawford Pro Se
9:00 AM
Plaintiff(s):
DX Home Designs Inc. Represented By Michael Jay Berger
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Adv#: 8:19-01179 DX Home Designs Inc. v. Crawford et al
Hearing RE: Plaintiff DX Home Design, Inc.'s Motion To Strike Defendant Heidi Crawford's Answer And Affirmative Defenses
(Motion filed 10/30/19)
Docket 18
- NONE LISTED -
Debtor(s):
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Heidi Crawford Pro Se
Michael Dean Crawford Pro Se
Style House Inc. Pro Se
Plaintiff(s):
DX Home Designs Inc. Represented By Michael Jay Berger
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Adv#: 8:19-01182 Amerifactors Financial Group, LLC v. Crawford et al
STATUS CONFERENCE Hearing RE: Amended Adversary Complaint For Nondischargeability Of Debt Pursuant To 11 U.S.C. Sections 523(a)(2)(A), (a)(2) (B), (a)(4), And (a)(6)
(Complaint filed 9/9/19)
(Amended Complaint filed 9/11/19)
Docket 1
- NONE LISTED -
Debtor(s):
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Michael Crawford Pro Se
Heidi Crawford Pro Se
Plaintiff(s):
Amerifactors Financial Group, LLC Represented By
Jon N Owens
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Adv#: 8:19-01183 Brinks, MD et al v. Kelly
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Sections 523(a)(4) And 523(a)(6)
(Complaint filed 9/9/19)
Docket 1
- NONE LISTED -
Debtor(s):
Richard J. Kelly Represented By
J Scott Williams
Defendant(s):
Richard J. Kelly Pro Se
Joint Debtor(s):
Mary J. Kelly Represented By
J Scott Williams
Plaintiff(s):
Heinrich A Brinks, MD Represented By Brett Ramsaur
James Emory Field, MD, Inc. Represented By Brett Ramsaur
Arno H Hanel, MD Represented By Brett Ramsaur
Michael J Herhusky, MD, Inc. Represented By
9:00 AM
Brett Ramsaur
Joel Nagafuji, MD, Inc. Represented By Brett Ramsaur
Andrey Rychkov, MD, Inc. Represented By Brett Ramsaur
Michael C. Scannell, MD, Inc. Represented By Brett Ramsaur
Scherling Medical, Inc. Represented By Brett Ramsaur
Stackpole, MD, Inc. Represented By Brett Ramsaur
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Adv#: 8:19-01167 Complete Business Solutions Group, Inc. v. South Coast Behavioral Health,
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Ownership In Accounts Receivable And The Proceeds
[S/C RE: Plaintiff's action against South Coast Behavioral Health, Inc., Reliable Fast Cash, LLC, Ikhan Capital, LLC, Bridge Funding Capital, LLC, FID Funding and BMF Capital, LLC (ONLY) per Order Entered 10/7/19] (Complaint Filed 8/8/19)
FR: 11-6-19
Docket 1
- NONE LISTED -
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Defendant(s):
BMF Capital LLC Pro Se
FID Funding Pro Se
West Coast Business Capital LLC, Pro Se Bridge Funding Capital LLC, Pro Se
Ikhan Capital LLC, Pro Se
Reliable Fast Cash LLC Pro Se
9:00 AM
South Coast Behavioral Health, Inc. Pro Se
Plaintiff(s):
Complete Business Solutions Group, Represented By
Karel G Rocha
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 9/13/19)
Docket 1
- NONE LISTED -
Debtor(s):
Anthony Afshin Kashani 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 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; 11-14-18; 4-17-19; 6-19-19
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 As Containing Adequate Information Pursuant To Bankruptcy Code Section 1125(a)(1); (b) (Motion filed 10/4/19)
(D.S. filed 10/4/19)
Docket 91
- NONE LISTED -
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
2:00 PM
CONT'D 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) (Motion filed 9/17/19)
FR: 10-21-19
Docket 81
- NONE LISTED -
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
2:00 PM
Hearing RE: Confirmation Of First Amended Chapter 11 Plan Of Reorganization (First Amended D.S. approved 8/14/19)
(Confirmation hearing set at D.S. hearing held 8/14/19) FR: 6-19-19; 8-14-19; 10-30-19
Docket 147
- NONE LISTED -
Debtor(s):
Fred Asafu-Adjaye Represented By Lionel E Giron
Crystle Jane Lindsey
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Lionel E Giron
Crystle Jane Lindsey
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 1/3/18)
FR: 3-7-18, 7-11-18; 10-24-18;11-14-18; 12-12-18; 5-8-19; 6-19-19; 8-14-19;
10-30-19
Docket 1
- NONE LISTED -
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 [Real Property]
PNC Bank, National Association, Its Assignees And/Or Successors vs. DEBTOR (Motion filed 11/7/19)
[RE: 8642 Oasis Avenue, Westminster, CA 92683]
Docket 92
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):
Jarinporn Oonpanyo Represented By Todd B Becker
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 11/8/19)
[RE: 2017 Maserati Ghibli - VIN No.ZAM57RSA0H1234040]
Docket 26
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):
Richard J. Kelly Represented By
J Scott Williams
Joint Debtor(s):
Mary J. Kelly Represented By
J Scott Williams
9:00 AM
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Motion for relief from stay [Real Property]
Wells Fargo Bank, N.A., As Trustee For The Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2005-NC2, It Assignees And/Or Successors vs. DEBTOR
(Motion filed 11/4/19)
[RE: 24192 Zancon, Mission Viejo, CA 92692]
Docket 61
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 provided by 11 U.S.C. § 1301 is terminated. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
Debtor(s):
Bret Morris Represented By
Joseph W Creed
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Bank Of America, N.A. vs. DEBTOR (Motion filed 11/6/19)
[RE: N 2017 Nissan Sentra - VIN No.: 3N1AB7AP3HY299765]
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):
Carlos Cuevas Represented By Jacqueline D Serrao
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 10/31/19)
[RE: 2018 Toyota Tacoma - VIN No.: 5TFRX5GN8JX110823]
Docket 30
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):
Martha S Adair Represented By Jeffrey I Golden Reem J Bello
9:00 AM
Motion for relief from stay [Unlawful Detainer]
U.S. Reif MG Madison Park CA, LLC vs. DEBTOR (Motion filed 11/13/19)
[RE: 277 South Brookhurst #C-103, Anaheim, CA 92804]
Docket 9
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 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):
Joanna Sue Brownfield Represented By
James D. Hornbuckle
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
Adv#: 8:17-01119 Kosmala et al v. Pacific Commercial Group, LLC et al
Hearing RE: Whether Adversary Proceeding Should Be Stayed (Set per Order Entered 10-18-19)
Docket 71
For reasons of judicial economy, the Court concludes that the 8:17-ap-01119 Action should remain stayed until the recusal appeal is determined.
The Court sets a further status conference in the 8:17-ap-01119 Action for April 15, 2020, at 9:00 a.m. with an updated status report due April 1, 2020.
COURT TO PREPARE ORDER.
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee
Defendant(s):
Pacific Commercial Group, LLC Represented By
Steven J. Katzman Ali Matin
Kyle Kveton
Baek Family Partnership, LLC Represented By Steven J. Katzman Ali Matin
2:00 PM
Kyle Kveton
Baek 124, LLC Represented By Steven J. Katzman Ali Matin
Kyle Kveton
Baek Holdings, LLC Represented By Steven J. Katzman Ali Matin
Kyle Kveton
Baek 153, LLC Represented By Steven J. Katzman Ali Matin
Kyle Kveton
RGJ Baek, LLC Represented By Steven J. Katzman Ali Matin
Kyle Kveton
Richard Baek Represented By Steven J. Katzman Ali Matin
Kyle Kveton
Grace Baek Represented By
Steven J. Katzman Ali Matin
Kyle Kveton
Plaintiff(s):
Weneta M.A. Kosmala Represented By Reem J Bello Jeffrey I Golden
Trustee(s):
Weneta M Kosmala (TR) Represented By
2:00 PM
Reem J Bello Faye C Rasch Jeffrey I Golden
2:00 PM
Hearing RE: Final Fee Application For Allowance Of Compensation /And Reimbursement Of Expenses For The Period From March 22, 2016 Through September 30, 2019
(Motion filed 10/21/19)
[RE: FOLEY & LARDNER, LLP - Attorneys For Debtor] [Fee: $1,193,412.25; Expenses: $26,207.90]
Docket 696
The Court intends to grant the motion.
The Court will allow attorney's fees to Foley & Lardner LLP of $1,193,412.25 on a final basis and costs and expenses on a final basis of $26,207.90, with payment subject to the Professional Fees Cap.
APPLICANT 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: Final Fee Application For Allowance Of Compensation And Reimbursement Of Expenses For The Period From March 22, 2016 Through August 31, 2016
(Motion filed 10/21/19)
[RE: KERR, RUSSELL And WEBER, PLC - Special Corporate Counsel] [Fees: $46,654.50; Expenses: $1,370.05]
Docket 697
The Court intends to grant the motion.
The Court will allow attorney's fees of $46,654.50 and costs and expenses of
$1,370.05 to Kerr, Russel, & Weber PLC on a final basis, and will allow all fees and expenses previously awarded as final compensation.
FOLEY & LARDNER LLP 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: Application For Payment Of Final Fees And/Or Expenses For The Period From April 5, 2016 Through July 31, 2019.
(Motion filed 10/17/2019)
[RE: DLA PIPER, LLP (US), SUCCESSOR BY MERGER TO LINER LLP -
Attorneys For Official Committee Of Unsecured Creditors] [Fees: $366,844.00; Expenses: $4,602.71]
Docket 695
The Court intends to grant the motion.
The Court will approve on a final basis, attorney's fees of $366,844.00 and expenses of $4,602.71. Prior interim fee awards are confirmed.
DLA PIPER LLP TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
9:00 AM
Kimball, Tirey & St. John LLP - movant attorney Motion for Relief from Stay
Canterra I, LLC vs. DEBTOR (Motion filed 11/6/19)
Re: 74-401 Hovley Lane East, Unit #2027, Palm Desert, CA 92260
Docket 10
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 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):
Suechada Rose Walker Pro Se
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
Hrg. on chapter 7 trustee's Motion filed 11/8/19 to Approve Settlement Agreement Between Estate of Debtor and Estate of Debtor's Ex-Wife Mischelynn Scarlatelli
Docket 41
The motion seeks Court approval of a settlement between the chapter 7 trustee of Mark Scarlatelli’s bankruptcy estate ("Mr. Cisneros") and the chapter 7 trustee in the previously closed but now reopened chapter 7 case of Mr. Scarlatelli’s former spouse, Mischellyn Scarlatelli ("Mischelynn"). Mischelynn opposes Court approval of the settlement. She argues that the settlement agreement improperly lays the groundwork for the pursuit of frivolous litigation against her and that Stephen Wade, Esq., the attorney being retained by Mr. Cisneros pursuant to the settlement agreement, is not disinterested because he previously lost previous litigation against Mischelynn and now is seeking a second bite at the apple, as the saying goes (or a seventh bite as Mischelynn probably would argue).
If the Court approves the settlement agreement and Mr. Wade becomes counsel to Mr. Cisneros, his position as counsel entails fiduciary duties to Mr. Cisneros and the bankruptcy estate. He will be under a duty to advise Mr. Cisneros – if such are the facts – that the proposed litigation is frivolous and a waste of time and money.
Based upon the presence of these fiduciary duties and In re Film Ventures Int’l, Inc., 75 B.R. 250 (B.A.P. 9th Cir. 1987), the Court does not at the present time find any prohibitions against Mr. Wade’s employment or any reason why the settlement agreement should be disapproved.
2:00 PM
All rights are reserved to Mischelynn to move for appropriate relief in the event this Court were to subsequently determine that any litigation brought by Mr. Cisneros against Mischelynn was in any way frivolous or otherwise improper.
The Court grants the motion.
Debtor(s):
Mark W Scarlatelli Represented By Stephen R Wade
Trustee(s):
Arturo Cisneros (TR) Represented By Chad V Haes Tinho Mang
2:00 PM
Hrg. on Application filed 10/18/19 to Employ Julie J Villalobs as General Bankruptcy Counsel
Docket 57
The Court will inquire into the United States Trustee's position as to the adequacy of Debtor's and Counsel's disclosures as supplemented in Debtor's Reply. Is the United State's Trustee now requesting additional time for discovery?
Debtor(s):
RVT Inc Represented By
Julie J Villalobos
9:00 AM
Hrg. on Chapter 11 Status Conference (cont. from 8/21/19)
Docket 0
The Court will continue the status conference to December 11, 2019 at 2:00 p.m. in Courtroom 301 in Riverside.
COURT TO PREPARE ORDER.
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 5/2/17)
FR: 7-5-17; 11-15-17; 3-7-18; 6-13-18; 10-24-18; 12-12-18; 1-23-19; 3-13-19;
6-26-19; 8-21-19
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
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)
(S/C set per Order entered 8/30/18) FR: 4-25-18; 8-30-18
Docket 1
- NONE LISTED -
Debtor(s):
Bill Vivers Represented By
Gary Polston
Defendant(s):
Juliette Vivers Represented By Christopher P Walker
Bill Vivers Represented By
Christopher P Walker
Joint Debtor(s):
Julliette Vivers Represented By Gary Polston
Plaintiff(s):
Ryan Lake Represented By
Mitchell B Hannah
9:00 AM
Trustee(s):
Karen S Naylor (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; 6-6-18;
10-17-18; 1-30-19; 6-26-19; 8-21-19
Docket 8
The Court will continue the status conference to December 16, 2019, at 2:00 p.m. COURT TO PREPARE ORDER.
Debtor(s):
Eric Martinson Represented By Richard Lynn Barrett
9:00 AM
Adv#: 8:18-01075 Street v. Greer et al
CONT'D PRE-TRIAL 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)
(PTC set at S/C held 1/23/19)
[10-10-18 - Arlene Greer aka Arlene Biden ONLY dismissed -docket no. [47]
FR: 7-25-18; 8-29-18; 10-24-18; 11-14-18; 1-23-19
Docket 8
- NONE LISTED -
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Arlene C. Greer Pro Se
Phillip Barry Greer Pro Se
9:00 AM
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#: 8:18-01075 Street v. Greer et al
CONT'D STATUS CONFERENCE Hearing RE: Second 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) (Second Amended Complaint filed 11/27/19)
(Another Summons Issued 5/31/18) (PTC set at S/C held 1/23/19)
[10-10-18 - Arlene Greer aka Arlene Biden ONLY dismissed -docket no. [47]
FR: 7-25-18; 8-29-18; 10-24-18; 11-14-18; 1-23-19; 10-9-19
Docket 8
The Court will inquire into whether: (1) Defendant has answered the complaint, and
(2) a scheduling order should be entered in this adversary proceeding.
Debtor(s):
Phillip Barry Greer Pro Se
Defendant(s):
Arlene C. Greer Pro Se
Phillip Barry Greer Pro Se
9:00 AM
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#: 8:18-01083 B3 FIT, INC et al v. Isaly
CONT'D PRE-TRIAL 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)
(PTC set at S/C held 8/1/18)
(PTC reset at 2/27/19 hearing on Motion [docket no. [12]) FR: 8-1-18; 8-1-18; 3-27-19
Docket 1
No tentative ruling.
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 Anthony B Vigil
Plaintiff(s):
Tina Shorter Represented By
Ian Landsberg
Terence Shorter Represented By Ian Landsberg
9:00 AM
B3 FIT, INC Represented By
Ian Landsberg
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:19-01194 Casey v. Chappell et al
Hearing RE: Motion Of Debtor/Defendant To Dismiss Complaint Pursuant To FRBP 7012 And FRCP 12(b)(6) Or, Alternatively For A More Definite Statement (Motion filed 12/4/19)
Docket 7
- NONE LISTED -
Debtor(s):
Scott Lawrence Chappell Represented By Stephen E Olear
Defendant(s):
William Chappell Represented By Stephen A Madoni
Russell Chappell Represented By Stephen A Madoni
Joint Debtor(s):
Alicia Woolsey Represented By Stephen E Olear
Plaintiff(s):
Thomas H. Casey Represented By Thomas H Casey
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
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 1/18/19)
FR: 3-20-19; 8-14-19
Docket 1
- NONE LISTED -
Debtor(s):
Allan Eli Gindi Represented By Michael R Totaro
Joint Debtor(s):
Carol June Gindi Represented By Michael R Totaro
9:00 AM
Adv#: 8:19-01183 Brinks, MD et al v. Kelly
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Sections 523(a)(4) And 523(a)(6) (Complaint filed 9/9/19)
FR: 11-27-19
Docket 1
Based upon the parties' request, the Court will send this adversary proceeding into mediation. The parties shall file a mediation stipulation and lodge an order therein on or before January 31, 2020. The Court continues this status conference to April 22, 2020 at 2:00 p.m.
COURT TO PREPARE ORDER.
Debtor(s):
Richard J. Kelly Represented By
J Scott Williams
Defendant(s):
Richard J. Kelly Pro Se
Joint Debtor(s):
Mary J. Kelly Represented By
J Scott Williams
Plaintiff(s):
Heinrich A Brinks, MD Represented By
9:00 AM
Brett Ramsaur
James Emory Field, MD, Inc. Represented By Brett Ramsaur
Arno H Hanel, MD Represented By Brett Ramsaur
Michael J Herhusky, MD, Inc. Represented By Brett Ramsaur
Joel Nagafuji, MD, Inc. Represented By Brett Ramsaur
Andrey Rychkov, MD, Inc. Represented By Brett Ramsaur
Michael C. Scannell, MD, Inc. Represented By Brett Ramsaur
Scherling Medical, Inc. Represented By Brett Ramsaur
Stackpole, MD, Inc. Represented By Brett Ramsaur
Trustee(s):
Jeffrey I Golden (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 9/13/19)
FR: 11-27-19
Docket 1
- NONE LISTED -
Debtor(s):
Anthony Afshin Kashani Pro Se
9:00 AM
Adv#: 8:19-01178 New Deco Arts & Crafts Co Ltd v. Crawford
CONT'D Hearing RE: Plaintiff's Motion To Strike Defendant's Answer And Affirmative Defenses
(Motion filed 10/31/19) FR: 11-27-19
Docket 4
The Court will grant the motion with leave to the Defendant to amend her answer on or before 21 days after entry of the order granting the motion.
PLAINTIFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Heidi Crawford Pro Se
Plaintiff(s):
New Deco Arts & Crafts Co Ltd Represented By
Zheng Liu
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Adv#: 8:19-01178 New Deco Arts & Crafts Co Ltd v. Crawford
CONT'D STATUS 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 9/6/19) FR: 11-27-19
Docket 1
The Court will continue the Status Conference to February 19, 2020, at 9:00 a.m. An updated status report is due on or before February 5, 2020.
COURT TO PREPARE ORDER.
Debtor(s):
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Heidi Crawford Pro Se
Plaintiff(s):
New Deco Arts & Crafts Co Ltd Represented By
Zheng Liu
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Adv#: 8:19-01079 Cochrane v. Elliot
CONT'D Hearing RE: Motion To Dismiss Amended Complaint To Determine Dischargeabiilty Of Debt Under 11 U.S.C. Sections 523(a)(2)(A) [FRBP 7012 And 7009]
(Motion filed 10/7/19) FR: 11-27-19
Docket 19
Deny in part; grant in part with leave to amend.
The motion is granted as to the internet advertising claim because no detail is provided in the complaint as to the website addresses (URLs) where such claims where made and on what dates Plaintiff visited those websites. Plaintiff shall amend the complaint within 20 days of the date of entry of the order granting in part and denying in part the motion.
PLAINTIFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Robert Michael Elliott Represented By Renee Nasiri
Defendant(s):
Robert Michael Elliot Represented By David R Flyer
9:00 AM
Plaintiff(s):
Kevin Cochrane Represented By Jason P. Saccuzzo John W Cutchin Michael W Vivoli
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
Adv#: 8:19-01179 DX Home Designs Inc. v. Crawford et al
CONT'D Hearing RE: Plaintiff DX Home Design, Inc.'s Motion To Strike Defendant Heidi Crawford's Answer And Affirmative Defenses
(Motion filed 10/30/19) FR: 11-27-19
Docket 18
The Court will grant the motion with leave to Defendant to amend the answer on or before 21 days after entry of the order granting the motion.
PLAINTIFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Heidi Crawford Pro Se
Michael Dean Crawford Pro Se
Style House Inc. Pro Se
Plaintiff(s):
DX Home Designs Inc. Represented By Michael Jay Berger
9:00 AM
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
Adv#: 8:19-01179 DX Home Designs Inc. v. Crawford et al
CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint For Non- Dischargeability Of Debt Under:
11 U.S.C. Section 523(a)(2)(A) For Property Obtained By False Pretenses, False Representation And Fraud [Section 523(a)(2)];
11 U.S.C. Section 523(a)(4) Fraud Or Defalcation While Acting In A Fiduciary Capacity, Embezzlement Or Larceny;
11 U.S.C. Section 523(a)(6) Willful And Malicious Injury; Adversary For Denial Of Discharge Under:
11 U.S.C. Sections 727(A)(3) For Failure To Maintain And Preserve Adequate Records;
727(a)(4)(A) For Denial Of Discharge For False Oaths In Bankruptcy Documents; And
11 U.S.C. Section 727 (A)(5) For Failure To Explain Loss Of Assets (Complaint filed 9/6/19)
FR: 11-27-19
Docket 1
The Court will continue the status conference to February 19, 2020, at 9:00 a.m. with an updated status report due on or before February 5, 2020.
COURT TO PREPARE ORDER.
Debtor(s):
Heidi Crawford Represented By Richard G Heston
9:00 AM
Defendant(s):
Heidi Crawford Pro Se
Michael Dean Crawford Pro Se
Style House Inc. Pro Se
Plaintiff(s):
DX Home Designs Inc. Represented By Michael Jay Berger
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union (aka OCTFCU)
(Motion filed 10/23/19)
[RE: 2015 Hyundai Sonata - Amount: $15,936.66]
Docket 7
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor.
COURT TO PREPARE ORDER.
Debtor(s):
Tami L Jones Represented By
Sharona Zahabian
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union
(Motion filed 10/23/19)
[RE: Overdraft Protection Loan - Amount: $603.75]
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):
Tami L Jones Represented By
Sharona Zahabian
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
CONT'D Hearing RE: Confirmation Of First Amended Chapter 11 Plan Of Reorganization
(First Amended D.S. approved 8/14/19)
(Confirmation hearing set at D.S. hearing held 8/14/19) FR: 6-19-19; 8-14-19; 10-30-19; 11-27-19
Docket 147
The Court will confirm Debtor's First Amended Chapter 11 Plan of Reorganization.
DEBTOR TO LODGE (1) FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORTING PLAN CONFIRMATION, AND (2) CONFIRMATION ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Fred Asafu-Adjaye Represented By Lionel E Giron
Crystle Jane Lindsey
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Lionel E Giron
Crystle Jane Lindsey
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 1/3/18)
FR: 3-7-18, 7-11-18; 10-24-18;11-14-18; 12-12-18; 5-8-19; 6-19-19; 8-14-19;
10-30-19; 11-27-19
Docket 1
The Court will inquire into the Debtors' compliance with U.S. Trustee guidelines and requirements.
Next status conference: March 25, 2020 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
CONT'D Hearing RE: Approval Of Debtors' Chapter 11 First Amended Disclosure Statement Describing Chapter 11 First Amended Plan Of Reorganization
(D.S. Filed 8/15/19)
(First Amended D.S. filed 10/23/19) FR: 9-25-19; 11-5-19
Docket 257
- NONE LISTED -
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum
Candice Candice Bryner
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; 7-25-18; 11-14-18; 4-17-19; 6-19-19; 11-27-19
Docket 1
The Second Amended Plan of Liquidation was confirmed and went effective on September 20, 2019. The Court will inquire of the United States Trustee as to any remaining issues the United States Trustee sees in this case. The Court will inquire of the Debtor regarding the filing of a motion for entry of a final decree.
Next status conference: TBD. COURT TO PREPARE ORDER.
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
2:00 PM
CONT'D 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) (Motion filed 9/17/19)
FR: 10-21-19; 11-27-19
Docket 81
The Court will inquire into the U.S. Trustee's current view of this matter now that the
U.S. Trustee has had an opportunity to review the Debtor's opposition to the U.S. Trustee's motion to to dismiss or convert the Case.
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
2:00 PM
Hearing RE: Motion For Order Approving Disclosure Statement Describing Chapter 11 Plan Of Reorganization Dated November 2019
(Motion filed 10/4/19) (D.S. filed 10/4/19) (D.S. filed 11/26/19)
FR: 11-27-19
Docket 117
The Court has the sense that the objections to the disclosure statement filed by creditors Flexible Funding and Dayton Superior have been consensually resolved. However, the Court will need authority for the proposition that the Debtor's need to continue to do business with the "critical vendors"permits such creditors to be more favorably treated under a plan than other non-inside general unsecured creditors before the Court can approve the disclosure statement.
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
9:00 AM
Adv#: 6:19-01047 Ford Walker Haggerty & Behar, LLP et al v. Simons
PRE-TRIAL CONFERENCE re: Complaint by Ford Walker Haggerty & Behar, LLP, Timothy McDonald against Larry D Simons. priority or extent of lien or other interest in property)),(91 (Declaratory judgment))
Docket 1
Debtor(s):
Maria Elena Rodriguez Represented By
Michael H Colmenares John P Kreis
Defendant(s):
Larry D Simons Represented By Daniel A Lev
Plaintiff(s):
Ford Walker Haggerty & Behar, LLP Represented By
Howard Steinberg
Timothy McDonald Represented By Howard Steinberg
Trustee(s):
Larry D Simons (TR) Represented By
C John M Melissinos
9:00 AM
Daniel A Lev
9:00 AM
Adv#: 6:19-01047 Ford Walker Haggerty & Behar, LLP et al v. Simons
Hrg. on Defendant's Motion filed 10/24/19 for Summary Judgment or, in the Alternative, Partial Summary Adjudication
Docket 28
No tentative ruling.
Debtor(s):
Maria Elena Rodriguez Represented By
Michael H Colmenares John P Kreis
Defendant(s):
Larry D Simons Represented By Daniel A Lev
Plaintiff(s):
Ford Walker Haggerty & Behar, LLP Represented By
Howard Steinberg
Timothy McDonald Represented By Howard Steinberg
Trustee(s):
Larry D Simons (TR) Represented By
C John M Melissinos Daniel A Lev
9:00 AM
Adv#: 6:19-01047 Ford Walker Haggerty & Behar, LLP et al v. Simons
Hrg. on Plaintiffs' Motion for Summary Judgment, or, In the Alternative, Summary Adjudication of Issues, Against Defendant Larry D. Simons, Chapter 7 Trustee
Docket 34
No tentative ruling.
Debtor(s):
Maria Elena Rodriguez Represented By
Michael H Colmenares John P Kreis
Defendant(s):
Larry D Simons Represented By Daniel A Lev
Plaintiff(s):
Ford Walker Haggerty & Behar, LLP Represented By
Howard Steinberg
Timothy McDonald Represented By Howard Steinberg
Trustee(s):
Larry D Simons (TR) Represented By
C John M Melissinos
9:00 AM
Daniel A Lev
9:00 AM
Adv#: 6:16-01299 BioData Medical Laboratories, Inc. et al 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 10/17/19)
Docket 1
The Court will inquire into the status of the Rule 9019 motion to settle and compromise this case.
The date of the next status conference is to be determined. COURT TO PREPARE ORDER.
Debtor(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan Joseph N Darweesh
Defendant(s):
Merchant Cash & Capital, LLC. Represented By
Jose-Manuel A DeCastro
9:00 AM
Plaintiff(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan
Todd A Frealy Represented By Kurt Ramlo
Trustee(s):
Todd A. Frealy (TR) Represented By Eve H Karasik Jeffrey S Kwong Juliet Y Oh Carmela Pagay Kurt Ramlo
9:00 AM
Adv#: 6:19-01075 Anderson v. Woodard et al
STATUS CONFERENCE re: Complaint by Karl T. Anderson against Douglas Craig Woodard, Blithe Partners, LLC, Douglas C. Woodard, Jr., Janet M. Woodard, Paige Educational Trust, Trey Educational Trust. (Charge To Estate). ($350.00) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment))
(Cont. from 9/19/19)
Docket 1
- NONE LISTED -
Debtor(s):
Douglas Craig Woodard Pro Se
Defendant(s):
Douglas Craig Woodard Pro Se
Blithe Partners, LLC Pro Se
Douglas C. Woodard, Jr. Pro Se
Janet M. Woodard Pro Se
Paige Educational Trust Pro Se
Trey Educational Trust Pro Se
Plaintiff(s):
Karl T. Anderson Represented By Melissa Davis Lowe
9:00 AM
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Hrg. on chapter 7 trustee's Motion for Order to Show Cause Why Debtor Should Not be Held in Contempt and Sanctioned for Violation of Court Order
(Cont. from 11/5/19)
Docket 130
- 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
Adv#: 6:19-01075 Anderson v. Woodard et al
Hrg. on Defendant's Motion to Dismiss Adversary Proceeding for: 1) Failure to State a Claim Upon Which Relief Can be Granted; 2) Lack of Standing; and 3)
Lack of Subject Matter Jurisdiction (Cont. from 11/7/19)
Docket 17
- NONE LISTED -
Debtor(s):
Douglas Craig Woodard Represented By Michael G Spector
Defendant(s):
Douglas Craig Woodard Represented By Michael G Spector
Blithe Partners, LLC Represented By Michael G Spector
Douglas C. Woodard, Jr. Represented By Michael G Spector
Janet M. Woodard Represented By Michael G Spector
Paige Educational Trust Represented By Michael G Spector
Trey Educational Trust Represented By Michael G Spector
9:00 AM
Plaintiff(s):
Karl T. Anderson Represented By Melissa Davis Lowe
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
Adv#: 6:18-01218 Wells Fargo Bank, N.A. v. Murphy et al
Hrg. on Defendant and Cross-Claimant Motion filed 10/22/19 For Summary Judgment
Docket 31
The Court intends to grant the motion for the reasons argued by the Trustee. Each party's request for judicial notice is granted.
TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Timothy David Murphy Represented By Timothy D Murphy Patricia A Mireles
Defendant(s):
Timothy David Murphy Represented By Timothy D Murphy
Lynda T. Bui Represented By
Michelle A Marchisotto
Patrick Keith Lafferty Represented By Timothy D Murphy
Mary Jane Lafferty Represented By Timothy D Murphy
9:00 AM
Lynda T. Bui Represented By
Michelle A Marchisotto
Plaintiff(s):
Wells Fargo Bank, N.A. Represented By Bernard J Kornberg Donald H Cram III Jan T. Chilton
Trustee(s):
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
9:00 AM
Hrg. on Chapter 11 Status Conference
Docket 0
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: April 9, 2020 at 9:00 a.m. An updated status report is due March 25, 2020. COURT TO PREPARE ORDER.
Debtor(s):
Affordable Auto Repair, Inc. Represented By Michael Jones
9:00 AM
Sissac Legal Group P.C. - movant attorney Motion for Relief from Stay
BMW Bank of North America vs. DEBTORS (Motion filed 11/8/19)
Re: 2014 BMW 3 Series 320i Sedan 4D
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):
Ryan Rosales Represented By Todd L Turoci
Joint Debtor(s):
Irene Rosales Represented By
9:00 AM
Trustee(s):
Todd L Turoci
Larry D Simons (TR) Pro Se
9:00 AM
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
JPMorgan Chase Bank, National Association vs. DEBTOR (Motion filed 11/14/19)
Re: REAL PROPERTY RE: 82-286 Travolta Avenue, Indio, CA 92201
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.
The movant may contact the debtor to comply with California Civil Code § 2923.5. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Joseph S Forth Represented By Christopher Hewitt
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
10:00 AM
Hrg. on Chapter 7 Trustee's Motion filed 11/12/19 for Order: (1) Approving the Sale of Real Property of the Estate Free and Clear of Certain Liens Pursuant to Bankruptcy Code §§ 363(b)(1) and 363(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 (3) Granting Related Relief
Docket 73
The Court will inquire regarding whether there are any overbidders.
The Court intends to grant the motion, however, overbids will be in $2,000 increments rather than $1,000 increments.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Jack A Reesor Represented By Joseph M Hoats
Joint Debtor(s):
Sabrina R Reesor Represented By Joseph M Hoats
Trustee(s):
Lynda T. Bui (TR) Represented By Toan B Chung
11:00 AM
Snell & Wilmer L.L.P. - movant attorney Motion for Relief from Stay
California Physicians' Service vs. DEBTOR (Motion filed 11/14/19)
Re: RE: Blue Shield Silver 87 Trio HMO health insurance policy
Docket 24
An unexpired health insurance policy or contract between a debtor and a health insurance company would appear to be an executory contract because duties continue to exist as of the petition date: the debtor has the duty to pay premiums, and the insurance company has the duty to provide coverage. As such a chapter 7 trustee would have the right to assume or reject such contract within 60 days of the order for relief. 11 U.S.C. § 365(d)(1). A chapter 7 trustee might have an interest in assuming such a policy or contract if the debtor happened to be incurring significant medical costs prior to the petition date. It might well be that a trustee’s rights under section 365(d)(1) to assume the policy would trump requirements of the Affordable Care Act regarding termination/premium payments.
These facts are not present here, however. The time for the trustee to assume the policy expired around November 30, 2019. Nor has the trustee sought to assume the policy, either before, on or after November 30. Neither the debtor nor the trustee has filed any opposition to the motion.
11:00 AM
The Court will grant the motion for relief from stay if movant’s counsel can represent to the Court that, to the best of his or her knowledge, policy premiums have not been paid by the debtor postpetition.
Debtor(s):
Adam C. Fain Represented By
Lazaro E Fernandez
Joint Debtor(s):
Margaret A. Fain Represented By Lazaro E Fernandez
Trustee(s):
Lynda T. Bui (TR) Pro Se
1:00 PM
Hrg. on Final Application for Compensation for Foley Bezek Behle & Curtis, LLP and Donahoo & Association, PC as Special Litigation Counsel for Chapter 7 Trustee; Fee: $2191981.95, Expenses: $82545.13
Docket 287
The Court intends to grant the motion and allow on a final basis:
Attoney's fees: $2,196,981.93. Costs: $82,545.13.
Payment of these amounts is approved.
APPLICANT 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 Justin P Karczag
1:00 PM
Hrg. on Third Interim Application For Award Of Compensation and Reimbursement Of Expenses Of Danning, Gill, Israel & Krasnoff, LLP, As General Counsel To Chapter 7 Trustee; Period: 10/1/2018 to 10/31/2019, Fee:
$70,172.50, Expenses: $495.67
Docket 288
The Court intends to grant the motion and allow on an interim basis.
The compensation is approved as to Danning, Gill, Israel, & Krasnoff LLP, with fees in the amount of $70,172.50 and expenses in the amount of $495.67.
APPLICANT 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 Justin P Karczag
1:00 PM
Hrg. on First Interim Application for Reimbursement of expenses for Encore Law Group LLP, Special Counsel, Period: 10/1/2018 to 10/31/2019, Fees: $0.00, Expenses: $8,431.69
Docket 294
The Court intends to grant the motion and allow on an interim basis.
The compensation is approved as to Encore Law Group, LLP, with expenses in the amount of $8,431.69.
APPLICANT 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 Justin P Karczag
2:00 PM
Hrg. on chapter 7 Trustee's Motion filed 10/18/19 For An Order (1) Approving Sale Of The Estate's Interest In Real Property Free and Clear Of Interests Under 11 U.S.C. Section 363(f); (2) Approving The Proposed Overbid Procedure; and (3) Determining That Buyers Are Entitled To Section 363(m)
Protection
(Cont. from 11/12/19)
Docket 50
The Court will inquire whether there are any overbidders. The Court intends to grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Monica Del Cano Represented By William Radcliffe
Trustee(s):
Karl T Anderson (TR) Represented By Lovee D Sarenas
2:00 PM
Hrg on Trustee's Final Report and Applications for Compensation
Docket 31
In a case under chapter 7, 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 Chapter 7 Trustee, with fees in the amount of $1,303.71 and expenses in the amount of $107.90.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Steve Profirio Martinez Represented By Edgar P Lombera
Joint Debtor(s):
Sabrina Maria Zipp Represented By
2:00 PM
Trustee(s):
Edgar P Lombera
Charles W Daff (TR) Pro Se
2:00 PM
Hrg. on Motion, of Yun Hei Shin (a.k.a. Angie Shin), Moving for Order Dismissing Altman's Ch. 7 Case, with a 180 Day Bar Against Filing any Additional Bankruptcy Case, for Bad Faith/Cause, as Having Been Filed Only 5 Weeks After Altman's Ch. 11 Case (Ongoing for 3 Years and 5 Months) was Dismissed (on 10/10/19), for Failure to Confirm Any Ch. 11 Plan, and for Infeasibility of Altman's Proposed Ch. 11 Plan
(OST signed 11/26/19)
Docket 16
The Court believes that relief from stay is appropriate in this case but necessarily dismissal. Mr. Altman may have debts other than obligations to Ms. Shin with respect to which he is properly seeking a discharge. The Court will continue the hearing of this Motion to Dismiss to March 10, 2020, at 2:00 p.m.
COURT TO PREPARE ORDER.
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:00 PM
The Bankruptcy Law Firm, PC - movant attorney Motion for Relief from Stay
Yun HJei shin aka Angie Shin v. DEBTOR (Motion filed 11/25/19)
Re: Altman's equity interest in Desert Springs Financial, LLC
(OST signed 11/26/19)
Docket 13
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):
Murray Altman Represented By Andrew S Bisom
2:00 PM
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
Hrg. on U.S. Trustees' Motion filed 10/30/19 to restore to Court's hearing calendar Show Cause Order as to why Timothy L. McCandless should not be held in contempt of court pursuant to 11 U.S.C. §1056 and Federal Rule of Bankruptcy Procedure 9020
Docket 0
The Court orders Mr. Timothy L. McCandless to appear and show cause on January 28, 2020, at 2:00 p.m. why he should not be held in contempt of Court for failure to comply with this Court's Order, filed and entered July 5, 2019 [Docket No. 51] (the "Order"), requiring him to make the Reimbursement Payment (as defined in the Order) and file the Compliance Declaration (as defined in the Order) within the time parameters set forth in the Order. Mr. McCandless may be represented by counsel but is required to personally appear at the hearing on January 28, 2020, at 2:00 p.m.
UNITED STATES TRUSTEE TO LODGE ORDER 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
9:00 AM
Aldridge Pite, LLP - movant attorney Motion for relief from Stay
Select Portfolio Servicing Inc vs DEBTOR (Motion filed 8/6/19)
RE: 7413 Maggie Lane, Corona, California 92880 (Cont. from 9/10/19)
Docket 14
The Court will inquire into the status of this matter: has an agreement for an adequate protection order been reached, are the parties still negotiating, etc., will Movant be delegating the sale of the Corona property to the trustee?
Debtor(s):
Nixon Tiangco Sy Represented By Rex Tran
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and Daimler Trust, in the amount of $28,237.10
Re: 2017 Mercedes Benz
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):
Armando Castillo Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Amur Equipment Finance, Inc., in the amount of $7,925.04
Re: 2008 Stoughton Dry Van
Docket 25
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Debtor(s):
Armando Castillo Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and Golden 1 Credit Union, in the amount of $20,910.33
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):
Laura Mae Bell Represented By Dana Travis
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
Hrg. on Approval of Reaffirmation Agreement Between Debtor and Check into Cash, in the amount of $ 2,740.90
Re: 2013 Honda
Docket 19
The reaffirmation agreement is approved provided that the monthly payments are current, the debtor can afford future payments, and the vehicle is insured.
COURT TO PREPARE ORDER.
Debtor(s):
Deborah Ann Jenkins Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and Golden 1 Credit Union, in the amount of $14,721.87
Re: 2017 Hyndai Tuscon
Docket 8
The reaffirmation agreement is approved provided that the monthly payments are current, the debtor can afford future payments, and the vehicle is insured.
COURT TO PREPARE ORDER.
Debtor(s):
Gloria Marie Cisneros Represented By Norma Duenas
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
Hrg. on approval of Reaffirmation Agreement Between Debtor and TD Auto Finance LLC, in the amount of $33,103.61
Re: 2018 Hyundai Santa Fe
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):
Megan Pedroza Represented By Emilia N McAfee
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
Wright, Finlay & Zak - movant attorney Motion for Relief from Stay
Kinecta Federal Credit Union vs. DEBTOR (Motion filed 11/15/19)
Re: 2015 DODGE GRAND CARAVAN // VIN #2C4RDGBG5FR612966
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):
Ahsan M Habib 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. DEBTOR,Steven M. Speier, trustee (Motion filed 11/21/19)
Re: 2018 Nissan Altima, VIN: 1N4AL3AP5JC233452
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):
Ada Lenore Terry Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
11:00 AM
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
$9,754.08 and expenses in the amount of $62.10.
The compensation is approved as to Lewis Brisbois Bisgarrd & Smith LLP, with fees in the amount of $12,067.50 and expenses in the amount of $130.30.
The compensation is approved as to Aylstock Witkin Kreis & Overholtz PLLC, with fees in the amount of $83,600.00 and expenses in the amount of
$1,764.68.
The compensation is approved as to Donald T. Fife CPA, with fees in the amount of $1,000.00.
11:00 AM
Compensation for the Multi-District Litigation Assessment is approved in the amount of $11,000.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Cindy Lee Randal Represented By Edward G Topolski
Trustee(s):
Helen R. Frazer (TR) Pro Se
Todd A. Frealy (TR) Represented By Lovee D Sarenas
11:00 AM
Hrg. on trustee's final report and application for compensation
Docket 48
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
$1,250.00 and expenses in the amount of $124.93.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Joseph Bejarano Represented By Matthew Abbasi
Trustee(s):
Robert Whitmore (TR) Pro Se
11:00 AM
Hrg. on Order to Show Cause Re: Dismissal for Failure to Comply with Rule 1006(b)
Docket 1
- NONE LISTED -
Debtor(s):
Natasha Rumsey Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
1:00 PM
Hrg. on Forty-Third Omnibus Objection filed 11/8/19 Seeking Disallowance of Certain Filed and Scheduled Claims
*Order entered 12/2/19 resolving objection to proof of claim No. 13716
(Tele. appr. Susan Selfin, rep. Sltn Trst LLC)
Docket 4851
The Court will sustain the Objection and disallow the claim of American Express Travel ("AMEX") in its entirety. The proof of claim filed by AMEX lacks sufficient documents to entitle such claim to prima facie validity under FRBP 3001.
LIQUIDATING TRUSTEE 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 Debtor's Motion filed 11/20/19 (1) To enforce Debtor's second amended chapter 11 plan of reorganization dated November 1, 2018 (as modified per instructions of court) for an injunction compelling release of band; (2) Granting attorneys' fees; and (3) Granting related relief
(Tele. appr. Martin Eliopulos, rep. Havasu)
(Tele. appr. David Nealy, rep. Debtor (LISTEN ONLY)
Docket 0
Prior to the date this bankruptcy case commenced, Havasu Lakeshore Investments, LLC ("HLI") obtained a California state court judgment against Terry Lee Fleming, Sr. ("Mr. Fleming"). On October 14, 2015, HLI brought an ancillary action in California Superior Court to collect on its judgment through the sale of Mr. Fleming’s interest in real property at 78980 Carmel Circle, La Quinta, California 92253 (the "Carmel Property"). The Superior Court ordered a sale of the Carmel Property, an appeal was taken from the sale order and the Superior Court issued a stay of execution of the sale. However, the Superior Court required Mr. Fleming to post a $200,000 bond as a condition of the stay of execution. Declaration of James E. Till, Docket No. 402, filed November 20, 2019 at numbered paragraph 5. All parties are agreed that the bond was in fact posted. However, the only evidence provided to the Court as to who actually posted the bond suggests the bond was not posted by Mr. Fleming but instead by a trust for his benefit. Accordingly, the Court cannot now determine whether the owner of the bond is Mr. Fleming or such trust. The Court can easily imagine a situation where a friend or a relative posts a bond for the benefit of a party in a judicial proceeding, and it would seem if the bond is exonerated the
2:00 PM
moneys would be paid back to the friend or relative who posted the bond, not the party in the judicial proceeding.
Because the Court cannot determine the identity of the bond’s owner, it is clear that movant Mr. Fleming has not made a sufficient showing that the bond in question was ever property of the bankruptcy estate. If the bond is not property of the bankruptcy estate, it would not revest in Mr. Fleming as reorganized debtor and there would be no grounds for this Court to order the bond’s release. For these reasons the Court denies the motion without prejudice.
IFIC TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
Hrg. on Chapter 11 Status Conference (Cont. from 12/4/19)
(Tele. appr. Martin Eliopulos, rep. Havasu)
(Tele. appr. David Nealy, rep. Debtor (LISTEN ONLY)
Docket 0
The Court will inquire into: (1) the Reorganized Debtor's performance of the Confirmed Plan, especially plan payments, and (2) the current status fo the appeal of the Confirmation Order.
Next status conference: May 21, 2020 at 9:00 a.m. An updated status report is due May 7, 2020.
COURT TO PREPARE ORDER.
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
Adv#: 8:17-01204 Official Committee Of Unsecured Creditors v. Press-One Customer Care,
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) (Set at S/C held 3/27/19)
FR: 4-4-18; 12-12-18; 3-27-19; 7-10-19; 7-17-19
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):
Press-One Customer Care, Inc. Represented By Scott A Schiff
Plaintiff(s):
Official Committee Of Unsecured Represented By
9:00 AM
Andrew W Caine Jeffrey P Nolan
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; 9-5-18; 1-9-19;
3-27-19; 5-29-19; 9-18-19
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#: 8:18-01117 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; 11-19-18; 3-20-19; 6-26-19; 8-14-19
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
CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 5/23/19)
FR: 8-7-19
Docket 9
- NONE LISTED -
Debtor(s):
Enalasys Corporation Represented By Michael Jones
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 14
- NONE LISTED -
Debtor(s):
David E. Marcos Represented By
James D. Hornbuckle
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Sonia Maltby Pro Se
Joint Debtor(s):
Duane Lee Maltby 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):
Justin Robert Jones Represented By Andrew Moher
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
- NONE LISTED -
Debtor(s):
Quentin Reutershan Represented By Amanda G Billyard
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 6
- NONE LISTED -
Debtor(s):
Timothy NMN Barnett 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):
Jeffrey Michael Giannelli 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 8/7/19) (Opposition filed 9/26/19)
Docket 159
- NONE LISTED -
Debtor(s):
Jann Kempton Represented By David R Chase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
11:00 AM
Hrg. on chapter 7 trustee's Application filed 1/21/19 to Employ Stephen R. Wade as Special Counsel Under 11 U.S.C. §327(e)
(Tele. appr. Fredric Greenblatt, rep. Mischelynn Scarlatelli)
Docket 46
The Court intends to grant the motion for the reasons argued by the Trustee in his application and reply.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Mark W Scarlatelli Represented By Stephen R Wade
Trustee(s):
Arturo Cisneros (TR) Represented By Chad V Haes Tinho Mang
9:00 AM
Hrg on Post-Confirmation Status Conference (Cont. from 6/18/19)
Docket 0
The Trustee's status report is very helpful and informative. The status conference will go forward primarilly to allow the United States Trustee and parties in interest to weigh in and express any concern they may have with regard to the case.
Next status conference: August 20,2020 at 9:00 a.m. An updated status report is due August 6, 2020.
COURT TO PREPARE ORDER.
Debtor(s):
Fleetwood Enterprises, Inc. Represented By Craig Millet Solmaz Kraus Anne A Uyeda William C Bollard
James P Menton JR Richard K Hines
9:00 AM
Adv#: 6:19-01127 Anderson v. Singh
STATUS CONFERENCE re: Complaint by Karl T. Anderson against Satpal Singh. (Charge To Estate). $350.00 (Attachments: # 1 Adversary Cover Sheet # 2 Summons) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(72 (Injunctive relief - other))
Docket 1
- NONE LISTED -
Debtor(s):
Veer X-press Inc. Represented By Kevin Tang
Defendant(s):
Satpal Singh Pro Se
Plaintiff(s):
Karl T. Anderson Represented By Robert P Goe
Thomas J Eastmond Robert P Goe
Trustee(s):
Karl T Anderson (TR) Represented By Robert P Goe
9:00 AM
CONT'D Motion for relief from stay [Real Property]
Wilmingtteon Trust, National Association, Not In Its Individual Capacity, But Solely As Truse For MFRA Trust 2016-1 vs. DEBTORS
(Motion filed 9/30/19)
[RE: 22121 Castlewood, Mission Viejo, CA 92692-4201]
FR: 11-4-19
Docket 65
- NONE LISTED -
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
9:00 AM
Adv#: 8:19-01179 DX Home Designs Inc. v. Crawford et al
Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 (Motion filed 11/12/19)
Docket 24
DX Home Designs, Inc. ("Plaintiff") commenced an adversary proceeding against chapter 7 debtor Heidi Crawford. The complaint in the adversary proceeding names as defendants Heidi Crawford, Adam Crawford (who the Court will take to be Heidi Crawford’s spouse unless evidence is presented to the contrary) and Style House, Inc. The complaint seeks a recovery of $452,892.94 against these defendants and a determination that this indebtedness is excepted from discharge pursuant to 11
U.S.C. § 523(a)(2), (4) and (6) as well as denial of discharge pursuant to 11 U.S.C. § 727.
Heidi Crawford answered the complaint and apparently intends to defend this action. A motion to strike her answer was granted with leave to amend.
The other two defendants did not answer, and the Clerk of the Court entered their defaults.
Plaintiff now moves for entry of default judgment against these two defaulting defendants.
Because of the interaction of California’s community property laws with provisions of the Bankruptcy Code applying a discharge to all community debts even if only one spouse is granted a discharge, it is clear to the Court that granting a default
9:00 AM
judgment against Adam Crawford at this time would most likely strip her of any benefits of defending the action against her before the merits or lack of merit of that action can be determined by this Court. Therefore, the Court will stay this adversary proceeding as against Adam Crawford until Plaintiff’s action against Heidi Crawford can be heard and determined.
The Court’s initial inclination was to permit the motion against Style House, Inc. to go forward and, in all likelihood, to grant such motion. However, the presence in the adversary complaint of alter ego allegations against Adam Crawford and Heidi Crawford persuade the Court that it should stay the action against Style House, Inc. as well because a default judgment against Style House, Inc. seemingly would allow Plaintiff to begin collection activity against Adam and Heidi Crawford notwithstanding that the merit or lack of merit of Plaintiff’s action against Heidi Crawford has not yet been determined. Accordingly, the Court stays this adversary proceeding as to Style House, Inc. as well.
The Court sets a special status conference in this adversary proceeding to deal with these issues for October 21, 2010 at 9:00 a.m.
COURT TO PREPARE ORDER.
Debtor(s):
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Heidi Crawford Pro Se
Michael Dean Crawford Pro Se
Style House Inc. Pro Se
9:00 AM
Plaintiff(s):
DX Home Designs Inc. Represented By Michael Jay Berger
Trustee(s):
Jeffrey I Golden (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. DEBTOR
(Motion filed 11/13/19)
[RE: 27941 Rural Lane, Laguna Niguel, CA 92677]
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. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Michelle Williams Represented By James P Doan
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
Hrg. on Order to Show Cause Re: Ming Cong Dang
Docket 0
It appears that Mr. Dang is not moving forward with his appeal to the District Court. The Court will inquire of the parties' views with respect to this matter.
The Court will continue the Order to Show Cause hearing to February 11, 2020, at 2:00 p.m.
COURT TO PREPARE ORDER.
Debtor(s):
Joseph Edward Putney Represented By Jenny L Doling Summer M Shaw
Joint Debtor(s):
Julie Anna Putney Represented By Jenny L Doling Summer M Shaw
2:00 PM
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
Hearing RE: Motion For Order: (1) Authorizing Sale Of Real Property, Free And Clear Of Liens Pursuant To 11 U.S.C. Section 363(b) And (f); And (2)
Approving Overbid Procedure (Motion filed 11/20/19)
Docket 278
The Court will grant the motion subject to the conditional non-opposition of Lakeview Loan Servicing, LLC.
COURT TO PREPARE ORDER.
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum
Candice Candice Bryner
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
Debtor(s):
Garen George Ekmekjian Represented By Aris Artounians
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Debtor(s):
Jennifer Elaine Rodriguez Represented By Gregory M Shanfeld
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Motion for Relief from Stay [Action In Non-Bankruptcy Forum]
Tiffany Ulrich vs. DEBTOR (Motion filed 11/20/19)
[RE: Case Name: Tiffany Ulrich v. South Coast Behavioral Health] [Docket No.: 30-2019-01096979-CU-PO-CJC]
[Pending In: Orange County Superior Court - Central Justice Center]
Docket 350
The motion is denied without prejudice for the reasons argued by the Debtor. No renewed motion may be filed prior to June 30, 2020.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
9:00 AM
Motion for relief from stay [Personal Property]
Mercedes-Benz Financial Services USA LLC vs. DEBTOR; And Richard A.
Marshack, Trustee (Motion filed 11/22/19)
[RE: 2016 Mercedes-Benz E350W - VIN WDDHF5KB0GB247553]
Docket 13
No tentative ruling.
Debtor(s):
Austin Benjamin Liang Represented By Andy C Warshaw
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Stay As The Court Deems Appropriate
(Motion filed 11/20/19) (OST Entered 11/21/19)
[RE: 10 Sellas Road North, Ladera Ranch, CA 92694]
Docket 12
The Court intends to grant the motion and continue the automatic stay as to all creditors.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Luis Daniel Ochoa Represented By Anerio V Altman
2:00 PM
Hearing Re: Motion By The United States Trustee To Convert Case To Chapter 7 Or Dismiss Pursuant to 11 U.S.C. Section 1112(b)
(Motion filed 11/18/19)
Docket 282
The Court intends to grant the motion and dismiss or convert the case to chapter 7. UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Eric Martinson Represented By Richard L Barrett
Movant(s):
United States Trustee (SA) Represented By Frank Cadigan
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 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;
10-17-18; 1-30-19; 6-26-19; 8-21-19; 12-4-19
Docket 8
The Court will inquire into the Debtor's compliance with United States Trustee guidelines and requirements.
Next status conference: TBD. COURT TO PREPARE ORDER.
Debtor(s):
Eric Martinson Represented By Richard Lynn Barrett
2:00 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: renoticed from 12/11/19
Docket 14
- NONE LISTED -
Debtor(s):
David E. Marcos Represented By
James D. Hornbuckle
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
Hearing RE: Official Committee Of Unsecured Creditors' Motion For Order Approving Settlement Between The Committee, The Pension Benefit Guaranty Corporation, And The Debtors
(Motion filed 11/25/19)
Docket 1596
The Court intends to grant the motion. In re PRTC, Inc. 177 F.3d 774 (9th Cir. 1999) requires the bankruptcy to look at various options and evaluate them based upon the effect on creditors. The settlement agreement is best for creditors because it has the effect of subordinating PBGC to other general unsecured creditos to the extent of $1 million. Under other options (such as retaining the litigation in this Court), the PBGC's enormous claim would largely dilute a recovery by such creditors even if the litigation is successful. If unsuccessful, unsecured creditors would likely receive no dividend from the estate.
DEBTOR 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
2:30 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 11-6-19
Docket 30
- NONE LISTED -
Debtor(s):
Ligia M Hallstrom Represented By Randolph R Ramirez
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:30 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: renoticed from 12/11/19];
renoticed from 12/16/19 at 2:00
Docket 14
- NONE LISTED -
Debtor(s):
David E. Marcos Represented By
James D. Hornbuckle
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:30 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: renoticed from 12/11/19
Docket 10
- NONE LISTED -
Debtor(s):
Sonia Maltby Pro Se
Joint Debtor(s):
Duane Lee Maltby Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:30 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: renoticed from 12/11/19
Docket 2
- NONE LISTED -
Debtor(s):
Justin Robert Jones Represented By Andrew Moher
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:30 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 20
- NONE LISTED -
Debtor(s):
Luis E Sanchez Represented By David R Chase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:30 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: renoticed from 12/11/19
Docket 6
- NONE LISTED -
Debtor(s):
Timothy NMN Barnett Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:30 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: renoticed from 12/13/19
Docket 13
- NONE LISTED -
Debtor(s):
Garen George Ekmekjian Represented By Aris Artounians
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:30 PM
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 14
- NONE LISTED -
Debtor(s):
Justin Todd Brunell Represented By Gary Polston
Joint Debtor(s):
Cara Brunell Represented By
Gary Polston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:30 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: renoticed from 12/13/19
Docket 2
- NONE LISTED -
Debtor(s):
Jennifer Elaine Rodriguez Represented By Gregory M Shanfeld
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:30 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: renoticed from 12/11/19
Docket 0
- NONE LISTED -
Debtor(s):
Quentin Reutershan Represented By Amanda G Billyard
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:30 PM
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: renoticed from 12/11/19
Docket 0
- NONE LISTED -
Debtor(s):
Jeffrey Michael Giannelli Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:30 PM
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding With A 1-Year Bar Against Refiling Pursuant To 11 USC Section 109(g)
[11 USC Section 1307(c)(6)]
(Motion filed 11/14/19]
Docket 7
Grant the motion and dismiss the case with a two year ban ban to re-filing.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Luong Ngoc Dang Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:30 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 8/7/19) (Opposition filed 9/26/19) FR: 12-11-19
Docket 159
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
3:30 PM
Hearing RE: Motion For Reconsideration Of Order Granting Relief Of Automatic Stay; Motion For Reinstatement Of Automatic Stay
Federal Rules of Bankruptcy Procedure Sections 9023; 9024; Federal Rules of Civil Procedure Sections 59; 60 et seq.
Docket 47
The motion is denied. No new evidence has been presented to the Court. US BANK TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Elaine Estrada Represented By Cynthia L Spalding
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:30 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 10/8/19)
(Opposition filed 10/17/19)
(Set per Notice of Hearing filed 10/17/19)
Docket 76
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Joan Ellen Yates Represented By Allan S Williams
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:30 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 9/4/19)
(Opposition filed 9/30/19) FR: 11-6-19
Docket 37
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Robert Matthew Coburn Represented By Heather J Canning Michael E Clark
Joint Debtor(s):
Sharon Ann Young Represented By Heather J Canning Michael E Clark
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:30 PM
Hearing RE: Motion Under Local Bankruptcy Rule 3015-1 (n) And (w) To Modify Plan Or Suspend Plan Payments
(Motion filed 11/6/19)
(Set per Notice of Hearing filed 11/7/19)
Docket 41
The Court intends to deny the motion.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Robert Matthew Coburn Represented By Heather J Canning Michael E Clark
Joint Debtor(s):
Sharon Ann Young Represented By Heather J Canning Michael E Clark
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:30 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 10/8/19) (Opposition filed 10/30/19)
Docket 51
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Kirolous A. Awad Represented By Tina H Trinh
Joint Debtor(s):
Maria Awad Represented By
Tina H Trinh
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:30 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 10/8/19)
(Opposition filed 10/30/19)
(Set per Notice of Motion filed 10/17/19)
Docket 26
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Debtor(s):
Nathan Christopher Harris Represented By
D Justin Harelik
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:30 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 10/15/19) (Response filed 10/29/19) (Notice of Motion filed 10/29/19)
Docket 126
- NONE LISTED -
Debtor(s):
Mario Montes Represented By Amanda G Billyard Andy C Warshaw
Joint Debtor(s):
Leticia Montes Represented By Amanda G Billyard Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
Adv#: 8:18-01121 Getson et al v. Devine
CONT'D 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)
(PTC set at S/C held 3/13/19)
(S/C set per Order Entered 6-7-19) FR: 9-19-18; 3-13-19; 6-19-19
Docket 1
- NONE LISTED -
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 Mitchell B Hannah
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
Adv#: 8:18-01193 Basho Technologies Holdco C, LLC et al v. Chester
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Under 11 U.S.C. Section 523(a)(4) And Objection To Discharge Under 11 U.S.C. Sections 727(a)(2) And (a)(3)
(Complaint filed 10/26/18) (PTC set at S/C held 4/24/19)
FR: 1-16-19; 1-23-19; 3-27-19; 4-24-19
Docket 1
- NONE LISTED -
Debtor(s):
Chester Davenport Pro Se
Defendant(s):
Davenport C. Chester Pro Se
Plaintiff(s):
Basho Technologies Holdco B, LLC Represented By
Randye B Soref Bradley Gardner Michael Jay Berger Tanya Behnam
Earl P. Galleher III Represented By Bradley Gardner Randye B Soref Michael Jay Berger
9:00 AM
Tanya Behnam
Hunoby Enterprises, LLC Represented By Bradley Gardner Randye B Soref Michael Jay Berger Tanya Behnam
Basho Technologies Holdco E, LLC Represented By
Bradley Gardner Randye B Soref Michael Jay Berger Tanya Behnam
Basho Technologies Holdco C, LLC Represented By
Bradley Gardner Randye B Soref Michael Jay Berger Tanya Behnam
Trustee(s):
Karen S Naylor (TR) Represented By Kathleen J McCarthy Thomas H Casey