9:00 AM
8:18-10218
Lourdes Watters
Chapter 13
#1.00
Motion for relief from stay [Real Property]
MTGLQ Investors, LP, Its Assignees And/Or Successors vs. DEBTOR (Motion filed 7/27/2020)
[RE : 23905 Matador Way, Murrieta, CA 92562]
Docket 51
*** VACATED *** REASON: ORDER CONTINUING HEARING TO OCTOBER 5, 2020 AT 9:00 AM ENTERED ON 8-20-20 (Docket No. 55)
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Lourdes Watters Represented By Bryn C Deb
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:17-14365
Michi I Shimonaka
Chapter 13
#2.00
Motion for relief from stay [Personal Property]
Cab West, LLC vs. DEBTOR (Motion filed 7/28/2020)
[RE: 2017 Ford Explorer - VIN: 1FM5K7D8XHGC32676]
Docket 43
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Debtor(s):
Michi I Shimonaka
Party Information
Chapter 13
Michi I Shimonaka Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:18-14203
Pacific Foods & Distribution, Inc.
Chapter 7
#3.00
Hearing RE: Motion For Reconsideration Of Ruling On Motion For Relief From Stay
(Motion filed 7/29/2020)
Docket 129
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will grant the Motion, vacate the order denying the motion with prejudice, and enter an amended order denying the motion without prejudice.
COURT TO PREPARE ORDER.
Party Information
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...
Pacific Foods & Distribution, Inc.
Chapter 7
9:00 AM
8:20-10251
Ralph Q. Quinata and Maria A Quinata
Chapter 13
#4.00
Motion for relief from stay [Real Property]
Wilmington Trust National Associatoin, Not In Its Individual Capacity, But Solely As Trustee For MFRA Trust 2016-1 vs. DEBTORS
(Motion filed 7/30/2020)
[RE: 14202 Roxanne Drive, Westminster, CA 92683-3797]
Docket 44
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Debtor(s):
Ralph Q. Quinata and Maria A Quinata
Party Information
Chapter 13
Ralph Q. Quinata Represented By Christopher J Langley
Joint Debtor(s):
Maria A Quinata Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:18-14072
Francisco Javier Andrade
Chapter 13
#5.00
CONT'D Motion for relief from stay [Real Property]
NewRez LLC d/b/a Shellpoint Mortgage Servicing vs. DEBTOR (Motion Filed 6/1/2020)
[Case transferred from CB on 7/31/2020]
[RE: 1000 West Macarthur Boulevard, #123, Santa Ana, CA 92707]
FR: 6-23-20; 7-14-20
Docket 41
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
It appears from the Motion and Opposition that the Debtor was one payment behind as of June 1, 2020. The Court will inquire as to the delinquent status as of the motion hearing date of August 24, 2020.
Party Information
Debtor(s):
Francisco Javier Andrade Represented By
9:00 AM
CONT...
Trustee(s):
Francisco Javier Andrade
Michael D Franco
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-11858
Rebecca Justice Garcia
Chapter 13
#6.00
CONT'D Hearing RE: Order To Show Cause RE: Debtor To Appear And Explain The Purpose And Feasibility Of The Current Filing Given The Pending Prior Bankruptcy Case.
[DEBTOR REBECCA JUSTICE GARCIA AND ATTORNEY BENJAMIN R. HESTON ARE ORDERED TO APPEAR TELEPHONICALLY]
(Case Transferred from CB on 7/31/2020) (OSC Entered 6/30/2020)
FR: 7-7-20; 8-4-20
Docket 5
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
Rebecca Justice Garcia Represented By Benjamin R Heston
9:00 AM
CONT...
Trustee(s):
Rebecca Justice Garcia
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-11858
Rebecca Justice Garcia
Chapter 13
#7.00
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 7/6/2020)
[Case transferred from CB on 7/31/2020]
FR: 7-21-20
Docket 13
*** VACATED *** REASON: ADVANCED TO AUGUST 4, 2020 AT 2:00
P.M. PER AMENDED ORDER CONTINUING HEARING ON MOTON ENTERED 8-4-2020 - (DOCKET NO. [49]
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Rebecca Justice Garcia Represented By Benjamin R Heston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-10891
Rebecca Justice Garcia
Chapter 7
#8.00
CONT'D Hearing RE: Debtor's Motion To Dismiss This Bankruptcy Proceeding (Motion filed 7/6/2020)
[Case transferred from CB on 7/31/2020]
FR: 8-4-20
Docket 40
*** VACATED *** REASON: ADVANCED TO AUGUST 17, 2020 AT 9:00
A.M. PER AMENDED ORDER CONTINUING HEARING ON MOTION TO DISMISS ENTERED 8-4-2020 (DOCKET NO. [47])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Rebecca Justice Garcia Represented By Benjamin R Heston
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
8:20-10891
Rebecca Justice Garcia
Chapter 7
#9.00
CONT'D Motion for relief from stay [Real Property]
Deutsche Bank National Trust Company As Trustee For IndyMac Indx Mortgage Loan Trust 2007-AR5, Mortgage Pass-Through Certificates Series 2007-AR5 v. DEBTOR
(Motion filed 7/2/2020)
[Case transferred from CB on 7/31/2020]
[RE: 28231 Somerset, Mission Viejo, CA 92692]
FR: 8-4-20; 8-5-20
Docket 36
*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING CASE ENTERED ON 8-19-20 (DOCKET NO. 57)
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Rebecca Justice Garcia Represented By Benjamin R Heston
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
8:20-11858
Rebecca Justice Garcia
Chapter 13
#10.00
Motion for relief from stay [Real Property]
Wilmington Savings Fund Society, FSB, D/B/A Christina Trust As Trustee For PNPMS Trust I vs Debtor
(Motion filed 8/7/2020)
[RE: 28231 Somerset, Mission Viejo, CA 92692]
Docket 56
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will order adequate protection payments of $2,081.32 per month plus
$615.50 toward attorney's fees and costs, for a total of $2666.82 for two months, then declining to $2,051.32 per month due on the 15th day of each month, commencing September 15, 2020.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
9:00 AM
CONT...
Debtor(s):
Rebecca Justice Garcia
Chapter 13
Rebecca Justice Garcia Represented By Benjamin R Heston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-11178
Jason Michael Brennan
Chapter 7
#11.00
CONT'D Motion for relief from stay [Real Property]
Nationstar Mortgage LLC d/b/a Mr. Cooper vs Debtor (Motion filed 6-11-20)
[Case transferred from CB on 7/31/2020]
RE: 1071 South Hanlon Way, Anaheim, California 92808-2504]
Fr: 7-14-20, 8-18-20
Docket 22
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
Jason Michael Brennan Represented By Gary Polston
9:00 AM
CONT...
Trustee(s):
Jason Michael Brennan
Chapter 7
Karen S Naylor (TR) Pro Se
9:00 AM
8:20-11588
Veronica Kilada
Chapter 7
#12.00
CONT'D Motion for relief from stay [Personal Property]
American Honda Motor Company, Inc vs DEBTOR (Motion filed 7-20-20)
[Case transferred from CB on 7/31/2020]
[RE: 2017 Honda Clarity BEV, VIN: JHMZ C6F35HC001463]
FR: 8-18-20
Docket 9
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The lease is deamed rejected as of August 2, 2020 purusant to 11 U.S.C. § 365(d)(1). Under 11 U.S.C. § 365(p), the leased property is no longer property of the bankruptcy state, and the automatic stay is terminated as to the leased property.
Under these circumstances, the alleged fact that the Debtor made all required lease payments is not relevant. The Motion is granted pursuant to 11 U.S.C. § 365(d)(1).
9:00 AM
CONT...
Veronica Kilada
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Veronica Kilada Represented By Onyinye N Anyama
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#1.00
CONT'D Hearing RE: First And Final Application For Approval Of Chapter 11 Fees And Reimbursement Of Expenses For The Period From January 7, 2013 Through September 24, 2014
(Motion filed 1/7/29)
[RE: SHULMAN BASTIAN LLP - Counsel For The Chapter 11 Debtors] [Fees: $180,257.00; Expenses: $9,248.24]
FR: 1-27-20; 2-24-20; 4-13-20; 5-18-20; 7-13-20
Docket 306
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will allow Trustee's fees of $21,096.11. The Trustee does not request payment of such fees because the case is administratively insolvent. In the unlikely event that in the future funds come into the estate, all rights are reserved to the Trustee and the Estate's professionals to apply to the Court for allowance and/or payment of accrued but unpaid fees.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
2:00 PM
CONT...
Debtor(s):
JoJo's Pizza Kitchen Inc
Party Information
Chapter 7
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Movant(s):
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen Melissa Davis Lowe
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#2.00
CONT'D Hearing RE: Trustee's Second Amended Final Report And Applications For Compensation And Reimbursement Of Expenses (Final Report filed 12/12/19)
(Amended Final Report filed 12/20/19)
(Second Amended Final Report filed 7/17/2020)
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $21,096.11; Expenses: $0.00]
[RE: WEILAND GOLDEN GOODRICH, LLP - Attorney For Chapter 7 Trustee]
[Fees: $0.00; Expenses: $0.00]
[RE: SHULMAN BASTIAN, LLP - Special Counsel For Chapter 7 Trustee] [Fees: $0.00; Expenses: $0.00]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $0.00; Expenses: $0.00]
Prior Chapter Fees And Administrative Expenses: [RE: THE DILLINGER LAW FIRM PC]
[Prior Chapter Administrative Expenses - Claim No. 19 - $52,576.61]
[RE: SHULMAN HODGES & BASTIAN LLP - Attorney For Debtor-In- Possession]
[Fees: $0.00; Expenses: $0.00]
FR: 1-27-20; 2-24-20; 4-13-20; 5-18-20; 7-13-20
Docket 348
Tentative Ruling:
2:00 PM
CONT...
JoJo's Pizza Kitchen Inc
Chapter 7
TELEPHONIC APPEARANCES REQUIRED.
The Court will allow Trustee's fees of $21,096.11. The Trustee does not request payment of such fees because the case is administratively insolvent. In the unlikely event that in the future funds come into the estate, all rights are reserved to the Trustee and the Estate's professionals to apply to the Court for allowance and/or payment of accrued but unpaid fees.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen Melissa Davis Lowe
2:00 PM
8:11-21301
Joseph Group, Inc
Chapter 7
#3.00
Hearing RE: Third Amended Trustee's Final Report And Application For Compensation And Reimbursement Of Expenses
(Second Amended Final Report filed 7/17/2020) (Third Amended Final Report filed 8/19/2020)
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $20,847.49; Expenses: $10.00]
[RE: WEILAND GOLDEN GOODRICH LLP - Attorneys For Chapter 7 Trustee]
[Fees: $78,860.00; Expenses: $1,901.26]
[RE: SHULMAN BASTIAN LLP - Special Counsel For Chapter 7 Trustee] [Fees: $60,339.24; Expenses: $1,408.67]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $30,198.00; Expenses: $1,266.50]
[RE: THE DILLINGER LAW FIRM PC - Prior Chapter Administrative Expenses; Claim No. 23]
[Fees: $26,288.38; Expenses: $0.00]
[RE: SHULMAN HODGES & BASTIAN LLP - Attorney For Debtor-In- Possession]
[Fees: $177,973.00; Expenses: $10,020.18]
Docket 66
Tentative Ruling:
2:00 PM
CONT...
Joseph Group, Inc
Chapter 7
APPEARANCES NOT REQUIRED.
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
$20,847.49 and expenses in the amount of $10.00.
The compensation is approved as to Weiland Golden, with fees in the amount of
$39,045.00 and expenses in the amount of $57.10.
The compensation is approved as to Shulman Bastion, with fees in the amount of
$22,604.24 and expenses in the amount of $1,183.37.
The compensation is approved as to Hahn Fife, with fees in the amount of $30,198.00 and expenses in the amount of $1,266.50.
UST fees: $1,632.08.
2:00 PM
CONT...
Joseph Group, Inc
Chapter 7
FTB Tax Claim: $3,690.56.
Additionally, the Court will allow on a final basis and confirm fees and expenses previously paid.
Further, the Court will allow and permit the payment of the following prior chapter fees and administrative expenses:
Bond of Equalization: $57,823.21. EDD: $3,814.22.
Dillings Law Firm: $3,978.62. Franchise Tax Board: $420.29.
Shulman Hodges Bastion Fees: $20,088.81.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Joseph Group, Inc Represented By Melissa Davis Lowe Leonard M Shulman
Trustee(s):
Jeffrey I Golden (TR) Represented By Melissa Davis Lowe Beth Gaschen
2:00 PM
8:20-11090
Angelito Belano Mijares and Estrella Bernabe Mijares
Chapter 7
#4.00
Hearing RE: Chapter 7 Trustee Thomas H. Casey's Motion For Order Approving Sale And Settlement Agreement With The Debtors And Authorizing The Trustee To Abandon Real Property
(Motion filed 7/23/2020)
Docket 26
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion. The Court will inquire of the Trustee whether there are any overbidders for the Toyota.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Angelito Belano Mijares Represented By Chris T Nguyen
Joint Debtor(s):
Estrella Bernabe Mijares Represented By
2:00 PM
CONT...
Trustee(s):
Angelito Belano Mijares and Estrella Bernabe Mijares
Chris T Nguyen
Chapter 7
Thomas H Casey (TR) Pro Se
2:00 PM
8:20-12016
Robert Chester Underwood
Chapter 11
#5.00
Hearing RE: Debtor's Motion Pursuant To 11 U.S.C. Section 105(a) For An Order Authorizing Use Of Certain Pre-Petition Bank Account
(Motion filed 7/28/2020)
Docket 21
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
DEBTOR-IN-POSSESSION TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Robert Chester Underwood Represented By Michael Jones
2:00 PM
8:20-12016
Robert Chester Underwood
Chapter 11
#6.00
Hearing RE: Motion For Order Determining Value Of Collateral Pursuant To 11
U.S.C. Section 506(a) And FRBP 3012 (Motion filed 7/28/2020)
[RE: 2019 Nissan Altima - VIN No.: 1N4AL4FV2KC223377]
Docket 20
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will overrule the objection of Capital One Auto Finance. The 910-day rule applies only in chapter 13. 11 U.S.C. § 1325. This is a chapter 11 case.
The Court intends to grant the Motion and value the collateral at $25,325.00. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Robert Chester Underwood Represented By
2:00 PM
CONT...
Robert Chester Underwood
Michael Jones
Chapter 11
2:00 PM
8:16-15208
Michael Younessi
Chapter 11
#7.00
Hearing RE: Motion To Enforce Settlement Agreement (Motion filed 8/3/2020)
Docket 320
*** VACATED *** REASON: OFF CALENDAR - VOLUNTARY DISMISSAL OF MOTION FILED ON 8-10-20 (DOCKET NO. 323)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
2:00 PM
8:20-11795
Byron York Priestley
Chapter 11
#8.00
Hearing RE: Debtor's Application For Order Authorizing Employment Of Lake Forest Bankruptcy As Bankruptcy Reorganization Counsel
(Motion filed 7/21/2020)
(Set per Notice of Hearing filed 8/5/2020)
Docket 15
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will overrule the objection of FCI and 20 Cap Fund and approve the Employment Application. A chapter 11 debtor is entitled to retain counsel and is not required to proceed on a self-represented basis. Mr. Altman is an experienced bankruptcy practitioner and qualified to represent the Debtor. A chapter 11 debtor's employment application is not an appropriate occassion for a creditor to interject issues of title to real property. FCI and 20 Cap Fund are cautioned against filing pleadings raising issues not germane to the matter before the Court. Any repeat performance by FCI and 20 Cap Fund will result in the imposition of sanctions. The employment application is granted.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
Byron York Priestley
Chapter 11
Byron York Priestley Represented By Anerio V Altman
2:00 PM
8:19-14127
John Alan Stacey and Kathleen Lee Stacey
Chapter 11
#9.00
CONT'D Hearing RE: Motion For Order: Authorizing Sale Of Real Property Located At 360 Aster, Laguna Beach, CA: (A) Outside The Ordinary Course Of Business; (B) Free And Clear Of Liens, Claims, And Encumbrances; (C) Subject To Overbid; (D) For Determination Of Good Faith Purchaser Under 11
U.S.C. Section 363(m) (Motion filed 7/27/2020)
FR: 8-17-20
Docket 74
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Sale Motion.
DEBTORS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
John Alan Stacey Represented By Richard A Marshack
2:00 PM
CONT...
John Alan Stacey and Kathleen Lee Stacey
David Wood
Chapter 11
Joint Debtor(s):
Kathleen Lee Stacey Represented By Richard A Marshack David Wood
9:00 AM
6:20-13537
Martin Antonio Acevedo Padilla
Chapter 7
#1.00
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
American Honda Finance Corporation vs. DEBTOR, Howard B. Grobstein, chapter 7 trustee
(Motion filed 7/27/20)
Re: 2016 Honda Accord, VIN: 1HGC R2F5 6GA2 31878
Docket 23
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Martin Antonio Acevedo Padilla
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Martin Antonio Acevedo Padilla Represented By
Rabin J Pournazarian
Movant(s):
American Honda Finance Represented By Vincent V Frounjian
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
6:20-14155
Power Bail Bonds, Inc.
Chapter 11
#2.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTOR (Motion filed 7/28/20)
Re: 2017 Ford Fiesta; VIN# 3FADP4TJ7HM104217
Docket 68
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Power Bail Bonds, Inc.
Chapter 11
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
Movant(s):
Ford Motor Credit Company LLC Represented By
Randall P Mroczynski
Trustee(s):
Caroline Renee Djang (TR) Pro Se
9:00 AM
6:20-14155
Power Bail Bonds, Inc.
Chapter 11
#3.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company vs. DEBTOR (Motion filed 7/28/20)
Re: 2016 Ford Fiesta; VIN# 3FADP4EJ6GM178871
Docket 69
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Power Bail Bonds, Inc.
Chapter 11
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
Movant(s):
Ford Motor Credit Company LLC Represented By
Randall P Mroczynski
Trustee(s):
Caroline Renee Djang (TR) Pro Se
9:00 AM
6:20-13852
Rasim Gutic and Lina Hekmat Azzam
Chapter 7
#4.00
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
Atlantic Bay Mortgage Group, LLC vs. DEBTORS (Motion filed 7/31/20)
Re: 3358 Bow Dr, Bowling Green, Kentucky 42104
Docket 21
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Rasim Gutic and Lina Hekmat Azzam
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Rasim Gutic Pro Se
Joint Debtor(s):
Lina Hekmat Azzam Pro Se
Movant(s):
Atlantic Bay Mortgage Group, LLC Represented By
Josephine E Salmon
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
6:20-13439
Celeste Marquez
Chapter 7
#5.00
Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 7/6/2020)
Re: 2018 Toyota Corolla
Docket 12
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Celeste Marquez
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Celeste Marquez Represented By
George C Panagiotou
Movant(s):
Toyota Motor Credit Corporation Represented By
Austin P Nagel Kirsten Martinez
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
6:20-13482
Armando Ramirez
Chapter 7
#6.00
Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay
Nissan Motor Acceptance Corporation vs. DEBTOR (Motion filed 7/31/20)
Re: 2020 Nissan Altima
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Armando Ramirez
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Armando Ramirez Represented By Kevin Tang
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented By
Kirsten Martinez
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
6:19-20341
Moises Torres and Arcelia Torres
Chapter 7
#1.00
Hrg. on approval of trustee's final report and applications for compensation
[Re: Karl T. Anderson, chapter 7 trustee] [Fees; $278.00; Expenses; $61.10]
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
2:00 PM
CONT...
Moises Torres and Arcelia Torres
Chapter 7
The compensation is approved as to the Trustee, with fees in the amount of $278.00 and expenses in the amount of $61.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Moises Torres Represented By Andrew Nguyen
Joint Debtor(s):
Arcelia Torres Represented By Andrew Nguyen
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
6:20-12720
William Suddith Spann
Chapter 7
#2.00
Hrg. on chapter 7 Trustee's Motion for Order Approving Payment of Broker's Commission, Associated Costs and Escrow Fees
Docket 24
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
The Court will inquire if there are any overbidders. Overbid increments will be
$5,000.00 instead of $1,000.00.
Party Information
Debtor(s):
William Suddith Spann Represented By Daniel King
Movant(s):
Robert Whitmore (TR) Pro Se
2:00 PM
CONT...
Trustee(s):
William Suddith Spann
Chapter 7
Robert Whitmore (TR) Pro Se
2:00 PM
6:16-12118
Reuben Jay Sanders
Chapter 7
#3.00
Hrg. on Motion to reopen chapter 7 bankruptcy case
Docket 14
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court intends to grant the Motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Reuben Jay Sanders Represented By Brian J Soo-Hoo
Movant(s):
Reuben Jay Sanders Represented By Brian J Soo-Hoo
2:00 PM
CONT...
Trustee(s):
Reuben Jay Sanders
Chapter 7
Larry D Simons (TR) Pro Se
2:00 PM
6:20-14663
PAL Distribution Inc
Chapter 11
#4.00
Hrg. on Motion filed 7/29/20 for Order Authorizing Debtor to Reject Lease
Docket 44
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion. The Court will require the Debtor to vacate the premises, remove all Debtor's property therefrom, surrender the premises, and leave the premises in broom-clean condition on or before the seventh day after entry of the order granting the motion to reject the lease.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
PAL Distribution Inc Represented By
M. Jonathan Hayes
Movant(s):
PAL Distribution Inc Represented By
2:00 PM
CONT...
Trustee(s):
PAL Distribution Inc
M. Jonathan Hayes
M. Jonathan Hayes
Chapter 11
Caroline Renee Djang (TR) Pro Se
2:00 PM
6:20-14188
Omar Amilcar Guardado Arteaga and Griselda Guardado
Chapter 7
#5.00
Hrg. on Motion filed 7/30/20 for Order to vacate Dismissal
Docket 23
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Omar Amilcar Guardado Arteaga Represented By
Daniel King
Joint Debtor(s):
Griselda Guardado Represented By Daniel King
2:00 PM
CONT...
Movant(s):
Omar Amilcar Guardado Arteaga and Griselda Guardado
Chapter 7
Omar Amilcar Guardado Arteaga Represented By
Daniel King
Griselda Guardado Represented By Daniel King
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
6:20-13912
Robert James Mulligan and Valerie Dawn Mulligan
Chapter 7
#6.00
Hrg. on Motion filed 7/30/20 for Order to Vacate Dismissal
Docket 21
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion and vacate the dismissal. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Robert James Mulligan Represented By Daniel King
Joint Debtor(s):
Valerie Dawn Mulligan Represented By Daniel King
2:00 PM
CONT...
Movant(s):
Robert James Mulligan and Valerie Dawn Mulligan
Chapter 7
Robert James Mulligan Represented By Daniel King
Valerie Dawn Mulligan Represented By Daniel King
Trustee(s):
Howard B Grobstein (TR) Pro Se
2:00 PM
6:17-13432
Stanton Lewis and Robin Turner-Lewis
Chapter 7
#7.00
Hrg. on approval of trustee's final report and applications for compensation
[Larry D. Simons, Chapter 7 Trustee] [Fees: $3750.00; Expenses: $11.35]
[Samuel Biggs, Accountant]
[Fees: $2847.50; Expenses: $170.41]
Docket 40
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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
2:00 PM
CONT...
Stanton Lewis and Robin Turner-Lewis
Chapter 7
11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of $3,750.00 and expenses in the amount of $11.35.
The compensation is approved as to Samuel R. Biggs (accountant), with fees in the amount of $2,847.50 and expenses in the amount of $170.41.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Stanton Lewis Represented By Andrew Nguyen
Joint Debtor(s):
Robin Turner-Lewis Represented By Andrew Nguyen
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
8:18-10905
Michael William Devine
Chapter 7
Adv#: 8:19-01095 The United States Trustee For Region 16 v. Devine
#1.00
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debtor Pursuant to 11 U.S.C. Section 72711 U.S.C. Section 727 (Complaint filed 5/28/19)
(PTC set at S/C held 8-14-19) FR: 8-14-19; 3-18-20; 6-24-20
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will approve the proposed Joint Pretrial Stipulation as amended by the UST's Errata. However, because the Court is currently closed to the public, no trial date can be set at this time.
Therefore, the Court will continue the pretrial conference as a status conference only to October 21, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Michael William Devine
Chapter 7
Michael William Devine Represented By Christopher J Langley
Defendant(s):
Michael William Devine Represented By Christopher J Langley Donald W Reid
Plaintiff(s):
The United States Trustee For Represented By Frank Cadigan
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
8:18-12541
Scott Lawrence Chappell
Chapter 7
Adv#: 8:19-01194 Casey v. Chappell et al
#2.00
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Chapter 7 Trustee's First Amended Complaint For Avoidance Of Transfer And Preservation Of Avoided Lien For The Benefit Of The Estate
[11 U.S.C. Sections 547, 551]
(Complaint filed 9/26/19)
(First Amended Complaint filed 11/6/19) (PTC set at S/C held 1/22/20)
FR: 1-22-20
Docket 1
*** VACATED *** REASON: ORDER CONTINUING PRE-TRIAL CONFERENCE TO MAY 19, 2021 AT 9:00 AM ENTERED ON 8/7/2020 (DOCKET NO. 31)
Tentative Ruling:
- NONE LISTED -
Party Information
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
9:00 AM
CONT...
Scott Lawrence Chappell
Chapter 7
Plaintiff(s):
Thomas H. Casey Represented By Thomas H Casey
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey
9:00 AM
8:19-11218
US Direct LLC
Chapter 7
Adv#: 8:20-01099 Golden v. Syndimate 2017, LP et al
#3.00
STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Voidable Transfers
(Complaint filed 6/10/2020)
Docket 1
*** VACATED *** REASON: ORDER CONTINUING STATUS CONFERENCE TO SEPTEMBER 23, 2020 AT 9:00 AM ENTERED ON 8- 10-20 (DOCKET NO. 25)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
US Direct LLC Pro Se
Defendant(s):
Syndimate 2017, LP Pro Se
Syndimate, LLC Pro Se
Fundomate, Inc. Pro Se
Funders Cloud, LLC Pro Se
Plaintiff(s):
Jeffrey I. Golden Represented By Roye Zur
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
9:00 AM
8:20-11023
2808 Ocean Blvd. LLC, a Texas Limited Liability Co
Chapter 11
#4.00
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 3/24/2020)
FR: 6-3-20
Docket 6
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
Next status conference: November 18, 2020 at 9:00 a.m. An updated status report is due November 4, 2020.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
2808 Ocean Blvd. LLC, a Texas Limited Liability Co
Chapter 11
2808 Ocean Blvd. LLC, a Texas Represented By Jeffrey I Golden Beth Gaschen David M Goodrich
9:00 AM
8:20-11083
239 Carnation LLC, a Texas Limited Liability Compa
Chapter 11
#5.00
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 3/31/2020)
FR: 6-3-20
Docket 15
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into Debtor's compliance with UST guidelines and requirements.
Next status conference: November 18, 2020 at 9:00 a.m. An updated status report is due November 4, 2020.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
239 Carnation LLC, a Texas Limited Liability Compa
Chapter 11
239 Carnation LLC, a Texas Limited Represented By
Jeffrey I Golden Beth Gaschen
9:00 AM
8:20-11795
Byron York Priestley
Chapter 11
#6.00
STATUS CONFERENCE RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 case (Petition filed 6/23/2020)
Docket 12
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements. The Court will set the bar date at December 1, 2020 and requires notice of the bar date to be filed and served on or before September 15, 2020.
Next status conference: December 2, 2020 at 9:00 a.m. An updated status report is due November 18, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Byron York Priestley Represented By
9:00 AM
CONT...
Byron York Priestley
Anerio V Altman
Chapter 11
2:00 PM
8:19-10212
Hill Concrete Structures
Chapter 11
#1.00
CONT'D Hearing RE: Confirmation Of (Final) Amended Second Amended Chapter 11 Plan Of Reorganization
(D.S. filed 10/4/19) (D.S. filed 11/26/19)
(Second Amended D.S. filed 5/28/2020) (Second Amended (Final) D.S. filed 7/7/2020) (Second Amended Plan filed 5/28/2020) (Final Second Amended Plan filed 7/7/2020)
(Amended Second Amended Plan filed 7/23/2020) (Confirmation of Plan set at D.S. hearing held 6/29/2020) FR: 11-27-19; 12-4-19; 2-26-20; 6-29-20
Docket 189
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will confirm the Second Amended Chapter 11 Plan of Reorganization.
DEBTOR TO LODGE: (1) A CONFIRMATION ORDER; AND (2) FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORTING PLAN CONFIRMATION
2:00 PM
CONT...
Hill Concrete Structures
Chapter 11
VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
2:00 PM
8:19-10212
Hill Concrete Structures
Chapter 11
#2.00
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; 11-13-19; 3-25-20; 6-29-20
Docket 8
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with U.S. Trustee guidelines and requirements.
Next status conference: November 18, 2020 at 9:00 a.m. An updated status report is due November 4, 2020.
COURT TO PREPARE ORDER.
Party Information
2:00 PM
CONT...
Debtor(s):
Hill Concrete Structures
Chapter 11
Hill Concrete Structures Represented By Michael Jones Sara Tidd
2:00 PM
8:19-10212
Hill Concrete Structures
Chapter 11
#3.00
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; 12-4-19, advanced from 2-26-2020 at 2:00 p.m.;
2-26-20; 6-29-20
Docket 81
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire whether the UST intends to withdraw this Motion.
Party Information
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
Movant(s):
United States Trustee (SA) Represented By
2:00 PM
CONT...
Hill Concrete Structures
Frank Cadigan Queenie K Ng
Chapter 11
9:00 AM
6:19-16352
Silver Lakes Resort Lodge Interval Owners Associat
Chapter 11
#1.00
Hrg. on Chapter 11 Status Conference (Cont. from 7/2/20)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into Debtor's compliance with U.S. Trustee's guidelines and requirements.
The next status conference: January 19, 2021 at 9:00 a.m. An updated status report is due January 5, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Silver Lakes Resort Lodge Interval Represented By
Teresa A. Blasberg
9:00 AM
CONT...
Silver Lakes Resort Lodge Interval Owners Associat
Chapter 11
9:00 AM
6:19-10872
Gregory Michael Harmeling
Chapter 7
#1.00
Alderson Law Firm - movant attorney Motion for Relief from Stay
Jillian Kathleen Stafford vs. DEBTOR (Motion filed 8/13/20)
Re: ACTION IN NON-BANKRUPTCY FORUM RE: Jillian Kathleen Stafford v. Gregory Michael Harmeling
Docket 30
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed in the non-bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. Movant shall not enforce its final judgment against the debtor or property of the estate, except by filing a proof of claim in this bankruptcy case pursuant to 11 U.S.C.
§ 501 and/or a complaint to determine the nondischargeability of the debt.
Cause exists for relief under 11 U.S.C. § 362(d)(1) because the claims at issue arise
9:00 AM
CONT...
Gregory Michael Harmeling
Chapter 7
under non-bankruptcy law and can be most expeditiously resolved in the non- bankruptcy forum.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Gregory Michael Harmeling Represented By Mona V Patel Todd L Turoci
Trustee(s):
John P Pringle (TR) Pro Se
9:00 AM
6:20-14444
Alex Lezo and Mariela Loyde De Lezo
Chapter 7
#2.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Americredit Financial Services, Inc. vs. DEBTORS, Arturo Cisneros, trustee (Motion filed 8/14/20)
Re: 2019 Chevrolet Colorado, VIN: 1GCGSCEN2K1263490
Docket 11
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Alex Lezo and Mariela Loyde De Lezo
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Alex Lezo Represented By
Andrew Nguyen
Joint Debtor(s):
Mariela Loyde De Lezo Represented By Andrew Nguyen
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:00 PM
6:16-19700
Glenn H Spears
Chapter 7
#1.00
Hrg. on Motion filed 8/6/20 for Allowance of Administrative Claim in Amount of
$89,123.11
Docket 78
*** VACATED *** REASON: Notice of Withdrawal without Prejudice of Motion for Allowance of Administrative Claim filed 8/20/20 (doc. 83) - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Glenn H Spears Represented By Brian C Fenn
Michael F Chekian
Trustee(s):
Robert Whitmore (TR) Represented By Hydee J Riggs
2:00 PM
6:19-15128
Nadia Ahmad
Chapter 7
#2.00
Hrg. on County of Los Angeles Motion filed 7/31/20 for fifth extension of time to file a complaint objecting to discharge or Dischargeability of Specific Debts Pursuant to 11 U.S.C. §§ 727 and 523
Docket 45
*** VACATED *** REASON: Order re stipulation for Fifth extension of time for creditor County of Los Angeles to file Objection to Discharge or Dischargeability of specific debts pursuant to 11 U.S.C. §§727 and 523 entered on 8/5/20, (doc. 47) - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Nadia Ahmad Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
6:19-16545
DDI Distribution of California LLC
Chapter 7
Adv#: 6:19-01151 Diamond Peo LLC v. Larios et al
#3.00
STATUS CONFERENCE RE: Complaint to avoid and recover transfers pursuant to 11 U.S.C. §§523 and 550
(Cont. from 6/30/20)
Docket 1
*** VACATED *** REASON: NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE FILED ON 08/06/20, (doc. 35)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
DDI Distribution of California LLC Represented By
Mark E Brenner
Defendant(s):
Peter Larios Pro Se
Jose Castellanos Pro Se
Automatiq Pro Se
Plaintiff(s):
Diamond Peo LLC Represented By Charles K Manock
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
6:19-16545
DDI Distribution of California LLC
Chapter 7
Adv#: 6:19-01151 Diamond Peo LLC v. Larios et al
#4.00
Hrg. on Order to Show Cause why this adversary proceeding should not be dismissed for Plaintiff's failure to comply with the Court's orders
(Cont. from 6/30/20)
Docket 1
*** VACATED *** REASON: NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE FILED ON 08/06/20 (doc. 35)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
DDI Distribution of California LLC Represented By
Mark E Brenner
Defendant(s):
Peter Larios Pro Se
Jose Castellanos Pro Se
Automatiq Pro Se
Plaintiff(s):
Diamond Peo LLC Represented By Charles K Manock
Trustee(s):
Lynda T. Bui (TR) Represented By Brandon J Iskander
2:00 PM
6:19-16545
DDI Distribution of California LLC
Chapter 7
#5.00
Hrg. on Debtor's Motion for Turnover of Property of Debtor's Ongoing Business Operations and Premises, or Alternatively, Directing Turnover of All Accounting Records and Payment of All Net Profits of the Debtor to the Trustee Since the Petition Date
(Cont. from 8/11/20)
Docket 37
*** VACATED *** REASON: Cont. to 10/13/20 @ 2:00 by order entered on 9/8/20 - (doc.58) - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
DDI Distribution of California LLC Represented By
Mark E Brenner
Movant(s):
Lynda T. Bui (TR) Represented By Brandon J Iskander
Trustee(s):
Lynda T. Bui (TR) Represented By Brandon J Iskander
2:00 PM
6:20-14295
LCF LABS INC.
Chapter 11
#6.00
Hrg. on creditor Akbar Razavi's Motion filed 8/13/20 to Convert the Bankruptcy Case or Alternatively to Remove the Debtor From Possession and Either Expand the Subchapter V Trustee's Authority and Powers or to Order the Appointment of a Chapter 11 Trustee
Docket 45
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Creditor Akbar Razavi ("Mr. Razavi") brings this motion to convert this Subchapter V Chapter 11 case to Chapter 7 (the "Motion"). Creditor Nude Nicotine, Inc. joins in the Motion.
LCF’s request for judicial notice is granted.
Evidence proffered by Mr. Razavi tends to show that questionable actions such as the improper diversion of corporate assets have occurred. However, the timing as to when such actions occurred is far from clear. It may well be that these actions occurred prior to the filing of the petition on June 22, 2020. Evidence of postpetition misconduct, however, is lacking. Because no sufficient showing has
2:00 PM
CONT...
LCF LABS INC.
Chapter 11
been made that gross mismanagement has occurred or that there has been substantial or continuing loss to the estate between the petition date of June 22, 2020 and the date of the filing of the Motion (August 13, 2020), the Motion is denied without prejudice.
LCF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
LCF LABS INC. Represented By Neil C Evans
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:00 PM
6:20-14663
PAL Distribution Inc
Chapter 11
#7.00
CONT'D Hrg. on DDI Chapter 7 Trustee's Motion filed 7/21/20 to Dismiss Case or Alternatively, to Convert Case to Chapter 7 and Consolidate With Debtor's Existing Case
From: 8/11/20
Docket 27
*** VACATED *** REASON: Notice of Withdrawl of DDI Chapter 7 Trustee's Motion to Dismiss case or alternativerly to convert case to chapter 7 filed on 9/4/20 (doc. 93) - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
PAL Distribution Inc Represented By
M. Jonathan Hayes
Trustee(s):
Caroline Renee Djang (TR) Pro Se
2:00 PM
6:20-14663
PAL Distribution Inc
Chapter 11
#8.00
Hrg. on Application filed 7/13/20 to Employ Resnik Hayes Moradi LLP as General Bankruptcy Counsel
Docket 13
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court intends to grant the Application.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
PAL Distribution Inc Represented By
M. Jonathan Hayes Matthew J Negrin
Trustee(s):
Caroline Renee Djang (TR) Represented By Caroline Djang Matthew J Negrin
2:00 PM
CONT...
PAL Distribution Inc
Chapter 11
2:00 PM
6:20-14663
PAL Distribution Inc
Chapter 11
#8.10
Hrg. on Debtor's Motion filed 8/18/20 for Approval of Stipulation to Use Cash Collateral of U.S. Small Business Administration
Docket 68
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
PAL Distribution Inc Represented By
M. Jonathan Hayes Matthew J Negrin
Trustee(s):
Caroline Renee Djang (TR) Represented By Caroline Djang Matthew J Negrin
2:00 PM
6:20-12274
Absolute Care Assisted Living & Memory Care, LLC
Chapter 11
#9.00
Hrg. on Chapter 11 Status Conference (Cont. from 8/13/20)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will (1) inquire why the Debtor failed to file a status report, and (2) inquire into the Debtor's compliance with UST guidelines and requirements.
Next status conference: October 22, 2020 at 9:00 a.m. Debtor shall file a status report on or before October 6, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Absolute Care Assisted Living & Represented By
Robert S Altagen
9:00 AM
8:15-14213
John Edward Kikuchi
Chapter 13
#1.00
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding
[11 U.S.C. Section 1307(c)(6)]
(Motion filed 5/22/2020) FR: 7-22-20
Docket 55
*** VACATED *** REASON: ORDER CONTINUING HEARING TO SEPTEMBER 9, 2020 AT 3:00 PM ENTERED ON 8-21-20 (Docket No. 79)
Tentative Ruling:
Party Information
Debtor(s):
John Edward Kikuchi Represented By William R Cumming
Movant(s):
Amrane (SA) Cohen (TR) Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:15-15311
Freedom Communications, Inc. and Traci M. Christian
Chapter 11
#2.00
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; 11-13-19; 4-15-20
Docket 141
*** VACATED *** REASON: CONTINUED TO SEPTEMBER 9, 2020 AT 2:00 P.M. PER SCHEDULING ORDER FOR FILING AND SERVICE OF AMENDED DISCLOSURE STATEMENT AND RELATED DEADLINES ENTERED 7-27-2020 (DOCKET NO. [1692])
Tentative Ruling:
Party Information
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 Jeffrey W Dulberg
9:00 AM
8:17-14478
Dennis Edward Lake
Chapter 7
Adv#: 8:18-01035 Federal Trade Commission v. Lake
#3.00
Hearing RE: Motion Of Plaintiff Federal Trade Commission For Summary Judgment
(Motion filed 7/15/2020)
[Tele. appr., Michael P. Mora, repr., Federal Trade Commission, Plantiff]
Docket 44
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will order this Adversary Proceeding into mediation. The Parties shall file a mediation stipulation on or before October 9, 2020 and lodge an order thereon.
The Court continues the hearing on the FTC's Motion for Summary Judgment to February 24, 2021 at 9:00 a.m. to permit mediation to be conducted and to conclude.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Dennis Edward Lake
Chapter 7
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
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01193 Basho Technologies Holdco C, LLC et al v. Chester
#4.00
Hearing RE: Plaintiffs' Renewed Motion For Summary Judgment (Motion filed 7/28/2020)
Docket 88
*** VACATED *** REASON: ORDER CONTINUING HEARING TO DECEMBER 16, 2020 AT 9:00 AM ENTERED ON 8-18-20 (DOCKET NO. 96)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Davenport C. Chester Represented By Michael Jay Berger
Plaintiff(s):
Basho Technologies Holdco B, LLC Represented By
Randye B Soref Bradley Gardner Tanya Behnam
Basho Technologies Holdco C, LLC Represented By
Bradley Gardner Randye B Soref Tanya Behnam
Basho Technologies Holdco E, LLC Represented By
Bradley Gardner Randye B Soref
9:00 AM
CONT...
Chester Davenport
Tanya Behnam
Chapter 7
Hunoby Enterprises, LLC Represented By Bradley Gardner Randye B Soref Tanya Behnam
Earl P. Galleher III Represented By Bradley Gardner Randye B Soref Tanya Behnam
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:19-11218
US Direct LLC
Chapter 7
Adv#: 8:20-01102 Golden v. Fletcher Jones Motor Cars, Inc.
#5.00
STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Voidable Transfers
(Complaint filed 6/15/2020)
[Tele. appr., Kelly A. Sweeney, repr., American Exress Co., Defendant] [Tele. appr., Roye Zur, repr., Jeffrey Golden, Plaintiff]
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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 thereon on or before October 15, 2020.
Next status conference: March 10, 2021 at 9:00 a.m. An updated status report is due on or before February 24, 2021.
COURT TO PREPARE ORDER.
9:00 AM
CONT...
Debtor(s):
US Direct LLC
Party Information
Chapter 7
US Direct LLC Pro Se
Defendant(s):
Fletcher Jones Motor Cars, Inc. Pro Se
Plaintiff(s):
Jeffrey I. Golden Represented By Roye Zur
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
9:00 AM
8:19-11218
US Direct LLC
Chapter 7
Adv#: 8:20-01103 Golden v. American Express Company et al
#6.00
STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Preferential Transfers
(Complaint filed 6/15/2020)
[Tele. appr., Kelly A. Sweeney, repr., American Exress Co., Defendant] [Tele. appr., Roye Zur, repr., Jeffrey Golden, Plaintiff]
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will issue a scheduling order:
All discovery closes April 30, 2021.
All discovery motions shall be heard before May 31, 2021.
All pretrial motions shall be heard before June 30, 2021.
Pretrial conference is set for July 14, 2021 at 9:00 a.m.
COURT TO PREPARE ORDER.
9:00 AM
CONT...
Debtor(s):
US Direct LLC
Party Information
Chapter 7
US Direct LLC Pro Se
Defendant(s):
American Express Company Pro Se
American Express National Bank Pro Se
American Express Travel Related Pro Se
Plaintiff(s):
Jeffrey I. Golden Represented By Roye Zur
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:20-01006 South Coast Behavioral Health v. 3151 Airway LLC et al
#7.00
Hearing RE: Chapter 11 Trustee's Motion for Entry of Default Judgment Against Charles McPhail and Nicole Poliquin
(Motion filed 8-12-20)
[Tele. appr., Sean A. O'Keefe, repr., South Coast Behavioral Health, Inc., Plaintiff]
[Tele. appr., Todd C. Ringstad, repr., Thomas H. Casey, Trustee]
Docket 62
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Michael N Nicastro Sean A OKeefe
Chapter 11
Defendant(s):
3151 Airway LLC Represented By
Crystle Jane Lindsey
Nicole Poliquin Represented By
Crystle Jane Lindsey
Charles McPhail Represented By
Crystle Jane Lindsey
Plaintiff(s):
South Coast Behavioral Health Represented By Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders
9:00 AM
8:19-14162
Eric Daniel Merrell
Chapter 7
Adv#: 8:20-01012 Lohr v. Merrell et al
#8.00
Hearing RE: Defendants' Motion For Summary Judgment On Both Causes Of Actions In The Complaint
(Motion filed 7/13/2020)
[Tele. appr., Stephen W. Berger, repr., Kathy Lohr, Plaintiff]
[Tele. appr., David B. Lally, repr., Eric and Julie Merrell, Defendants]
Docket 32
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
This matter comes before the Court on the motion (the "Motion") of defendants Eric Merrell and Julie Merrell (jointly, "Defendants") for summary judgment against plaintiff Kathy Lohr ("Plaintiff").
Plaintiff alleges she transferred $200,000 to Defendants in exchange for their promise and representation to make her a co-owner of residential real property located at 8655 Raintree Drive, Whittier, California 90605 pursuant to which she
9:00 AM
CONT...
Eric Daniel Merrell
Chapter 7
would be using a so-called "mother in law unit" situated on the property. (A total transfer of $300,000 took place, but Defendants were obligated to repay $100,000 of this amount to Julie Merrell’s brother, resulting in a net transfer of $200,000). Plaintiff further alleges that this representation was intentionally misleading and fraudulent. Defendants deny that there were any strings attached to the transfer of funds; that the transfer of $200,000 to them was a gift.
Whether a transfer of funds constitutes a gift is a mixed issue of law and fact. The existence of a promissory note or written loan agreement or written co-ownership agreement can decisively resolve a dispute as to whether a transfer is a gift or a loan, but in the absence of a writing contemporaneous with the transaction, a trier of fact must base a determination on declarations by the parties, the past behavior of the parties with respect to the transaction and other matters.
Summary judgment should be granted when there are no genuine issues of material fact and when the movant is entitled to prevail as a matter of law. Fed. R. Civ. P. 56 (made applicable to this adversary proceeding by Fed. R. Bankr. P. 7056); Celotex v. Catrett, 477 U.S. 317, 322-23 (1986). Material facts are those that may affect the outcome of the case under applicable substantive law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). Issues of fact are genuine only if a trier of fact reasonably could find in favor of the nonmoving party on the evidence presented.
Far Out Prods., Inc. v. Oskar, 247 F.3d 986, 992 (9th Cir. 1997).
A court considering a summary judgment motion must view all facts genuinely in dispute "in the light most favorable to the non-moving party." Scott v. Harris, 550
U.S. 372, 380 (2007). Additionally, all reasonable inferences must be drawn in favor of the non-moving party’s favor. Id. at 378.
The material fact here at issue is whether the parties intended the transfer of
$200,000 to be a no-strings-attached gift. If it was a no-strings-attached gift, Plaintiff has no case. Defendants have proffered a fair amount of evidence that the
9:00 AM
CONT...
Eric Daniel Merrell
Chapter 7
transaction was gift, most notably a "Receipt for Deposit" prepared by First American Title Company, Santa Ana, California, dated September 13, 2012, in the amount of $300,000 stating "Representing: Gift Funds From Kathy Lohr." Plaintiff has proffered a key "to whom it may concern" letter, dated July 30, 2013, under the letterhead of both Plaintiff and Julie Merrell (and allegedly signed by each of them) stating "I loaned my daughter $200,000 to purchase the property on 8655 Raintree, Whittier, CA."
Defendants contend that the July 30, 2013 letter referenced above is a forgery. However, the Court must view the evidence in the light most favorable to Plaintiff – the non-moving party. Viewing the July 30, 2013 letter in that light, a genuine dispute exists as to the material fact of whether the $200,000 transfer was a no- strings-attached gift.
Accordingly, the Motion is denied.
Party Information
Debtor(s):
Eric Daniel Merrell Represented By Heather J Canning
Defendant(s):
Eric Daniel Merrell Represented By David Brian Lally
Julie Mary Angeline Merrell Represented By David Brian Lally
Joint Debtor(s):
Julie Mary Angeline Merrell Represented By Heather J Canning
Plaintiff(s):
Kathy Lohr Represented By
9:00 AM
CONT...
Trustee(s):
Eric Daniel Merrell
Stephen W Berger
Chapter 7
Karen S Naylor (TR) Represented By Nanette D Sanders
9:00 AM
8:19-14389
Tam Minh Truong
Chapter 7
Adv#: 8:20-01014 Tran v. Truong
#9.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability
(Complaint filed 2/7/20)
(Another Summons Issued 5/22/20) FR: 5-6-20
Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO DISMISS ADVERSARY PROCEEDING, WITH PREJUDICE ENTERED 7-13-2020 (DOCKET NO. [12] )
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Tam Minh Truong Represented By Halli B Heston
Defendant(s):
Tam Truong Represented By
Benjamin R Heston
Plaintiff(s):
John Tran Represented By
Long Andre Lam
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
8:19-14723
James Alvin Grove
Chapter 7
Adv#: 8:20-01026 Nigolian et al v. Grove
#10.00
Hearing RE: Defendant's Motion To Dismiss For Failure To Effectuate Service (Motion filed 8-19-20)
Docket 32
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the hearing on this Motion to February 17, 2021 at 9:00 a.m. to permit mediation to take place and conclude.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
James Alvin Grove Represented By Michael N Nicastro Michael G Spector
Defendant(s):
James Alvin Grove Represented By
9:00 AM
CONT...
James Alvin Grove
Michael G Spector
Chapter 7
Plaintiff(s):
Sarine Nigolian Represented By Grant A Nigolian
Grant Nigolian Represented By Grant A Nigolian
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:11-20448
Yan Sui
Chapter 7
#11.00
Hearing RE: Debtor's Yan Sui's Motion For An Order That:
Defendants Be Held In Criminal/Civil Contempt Of Discharge Injunction
Abandon Estates
Mortgage Loan Be Reinstated
Real Property Be Covered And Re-Conveyed To Borrowers
Trustee Disgorges Funds
Trustee Pays Damages Both Compensatory And Punitive
Consent To Jury Trial At Court To Determine Proper Ratio Of Punitive Damages And To Determine Amount For Personal Injuries Against Criminal Contemnors
Refer Matter To District Court For Criminal Contempt Proceeding And Remedy Not Available By Court
(Motion filed 8-21-20)
[Tele. appr., Chad V. Haes, repr., Richard A. Marshack, Trustee] [Tele. appr., Yan Sui, repr., Pro Se]
Docket 624
*** VACATED *** REASON: OFF CALENDAR - ORDER DENYING MOTION ENTERED ON AUGUST 28, 2020 (DOCKET NO. 614).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Yan Sui Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By David M Goodrich
Martina A Slocomb Chad V Haes
Jess R Bressi
9:00 AM
CONT...
Yan Sui
D Edward Hays
Chapter 7
2:00 PM
8:15-15311
Freedom Communications, Inc. and Traci M. Christian
Chapter 11
#1.00
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; 11-13-19; 4-15-20; 9-9-20 at 9:00
a.m.
Docket 141
*** VACATED *** REASON: ORDER CONTINUING STATUS CONFERENCE TO SEPTEMBER 23, 2020 AT 2:00 PM ENTERED ON 8- 18-20 (DOCKET NO. 1695)
Tentative Ruling:
- NONE LISTED -
Party Information
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 Jeffrey W Dulberg
2:00 PM
8:15-15311
Freedom Communications, Inc.
Chapter 11
#2.00
CONT'D Hearing RE: Approval Of Disclosure Statement For Joint Chapter 11 Plan Of Liquidation Proposed By Debtors And Official Committee Of Unsecured Creditors
(D.S. filed 6/4/2020) (OST Entered 6-9-2020)
FR: 7-15-20
Docket 1653
*** VACATED *** REASON: ORDER CONTINUING HEARING TO SEPTEMBER 23, 2020 AT 2:00 PM ENTERED ON 8-18-20 (DOCKET NO. 1695)
Tentative Ruling:
- NONE LISTED -
Party Information
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 Jeffrey W Dulberg
2:00 PM
9:19-14061
Anthony Toan Cao
Chapter 13
#3.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 2-12-19; 2-6-20; 3-12-20; 4-9-20; 6-11-20; 7-2-20; 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee] [Tele. appr., Christopher J. Langley, repr., Anthony Cao, Debtor]
Docket 33
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Anthony Toan Cao Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14363
Wendy Lee Flotow
Chapter 13
#4.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
[Tele. appr., Christopher J. Langley, repr., Wendy Flowtow., Debtor] [Tele. appr., Nancy Lee, repr., Wells Fargo Bank N.A., Creditor]
Docket 42
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Wendy Lee Flotow Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14538
Sean Williams and Beverly Williams
Chapter 13
#5.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 2-6-20; 3-12-20; 4-9-20; 6-11-20; 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
[Tele. appr., Luke D. Jackson, repr., Sean & Beverly Williams, Debtors] [Tele. appr., Darlene C. Vigil, repr., Wilmington Trust N.A., Creditor]
Docket 40
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Sean Williams Represented By Nima S Vokshori
Joint Debtor(s):
Beverly Williams Represented By Nima S Vokshori
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14867
Mien Van Le and Denise Phuong Nguyen
Chapter 13
#6.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 7-22-20; 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
Docket 50
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Mien Van Le Represented By
Sunita N Sood
Joint Debtor(s):
Denise Phuong Nguyen Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10248
Clarence Lamar Dickinson and Shavon Laraine Dickinson
Chapter 13
#7.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 4-9-20; 6-11-20; 7-2-20; 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
[Tele. appr., Christopher J. Langley, repr., Clarence & Shavon Dickinson, Debtors]
Docket 30
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Clarence Lamar Dickinson Represented By Christopher J Langley
Joint Debtor(s):
Shavon Laraine Dickinson Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10251
Ralph Q. Quinata and Maria A Quinata
Chapter 13
#8.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 4-9-20; 6-11-20; 7-2-20; 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
[Tele. appr., Christopher J. Langley, repr., Ralph & Maria Quinata, Debtor] [Tele. appr., Darlene C. Vigil, repr., Wilmington Trust N.A., Creditor]
Docket 40
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Ralph Q. Quinata Represented By Christopher J Langley
Joint Debtor(s):
Maria A Quinata Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10293
Leslie Dorian Pace
Chapter 13
#9.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 4-9-20; 6-11-20; 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee] [Tele. appr., Bert Briones, repr., Leslie Dorian Pace, Debtor]
Docket 20
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Leslie Dorian Pace Represented By Bert Briones
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10723
Manuel Enrique Berumen and Tiffany Marie Brown
Chapter 13
#10.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 6-11-20; 7-2-20; 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
[Tele. appr., Bert Briones, repr., Manual Enrique Berumen, Debtor]
Docket 35
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Manuel Enrique Berumen Represented By Bert Briones
Joint Debtor(s):
Tiffany Marie Brown Represented By Bert Briones
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-11197
Jose Luis Solis and Reina Maria Solis
Chapter 13
#11.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 7-2-20; 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee] [Tele. appr., Nancy B. Clark, repr., Jose & Reina Solis, Debtor] [Tele. appr., Lemuel B. Jaquez, repr., Carvana, LLC, Creditor]
Docket 37
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Jose Luis Solis Represented By Heather J Canning
Joint Debtor(s):
Reina Maria Solis Represented By Heather J Canning
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-11304
Rubymae Macadaeg Bishop
Chapter 13
#12.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 7-2-20; 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee] [Tele. appr., Richard G. Heston, repr., Rubymae Bishop, Debtor]
Docket 9
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Rubymae Macadaeg Bishop Represented By Richard G Heston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-11476
Priscilla Vanessa Huggins
Chapter 13
#13.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee] [Tele. appr., Anthony O. Mikhail, repr., Priscilla Huggins, Debtor]
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Priscilla Vanessa Huggins Represented By Michael T Reid
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-11511
Victoria E. Robson
Chapter 13
#14.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 7-22-20
Docket 30
*** VACATED *** REASON: OFF CALENDAR - CASE DISMISSED PER DEBTOR'S VOLUNTARY DISMISSAL OF CHAPTER 13 CASE FILED ON 8-25-20.
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Victoria E. Robson Represented By Peter Recchia
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-11663
Dung Ngoc Tran
Chapter 13
#15.00
CONT'D Hearing RE: Confirmation of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee] [Tele. appr., Tuan A. Nguyen, repr., Dung Ngoc Tran, Debtor]
Docket 6
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Dung Ngoc Tran Represented By Phu D Nguyen
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-11746
Cristobal Acosta
Chapter 13
#16.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee] [Tele. appr., Julie J. Villalobos, repr., Cristobal Acosta, Debtor]
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Cristobal Acosta Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-11776
Lisa Cordes
Chapter 13
#17.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee] [Tele. appr., Jaime A. Cuevas, repr., Lisa Cordes, Debtor]
Docket 21
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Lisa Cordes Represented By
Jaime A Cuevas Jr.
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-11876
David Michael Scott
Chapter 13
#18.00
Hearing RE: Confirmation Of Chapter 13 Plan
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee] [Tele. appr., Jacqueline D. Serrao, repr., David Scott, Debtor]
Docket 6
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
David Michael Scott Represented By Jacqueline D Serrao
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-11858
Rebecca Justice Garcia
Chapter 13
#19.00
Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: Advanced from 9-10-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee] [Tele. appr., Benjamin R. Heston, repr., Rebecca Garcia, Debtor]
[Tele. appr., Erin M. McCartney, repr., Wilmington Savings Fund Society, Creditor]
Docket 12
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Rebecca Justice Garcia Represented By Benjamin R Heston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:15-10082
Patrick R McMahon and Denise A Hamada-McMahon
Chapter 13
#1.00
Hearing RE: Trustee's Verified Motion To Dismiss Case (Motion filed 7/23/2020)
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
Docket 83
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Patrick R McMahon Represented By
Phillip Myer - SUSPENDED -
Joint Debtor(s):
Denise A Hamada-McMahon Represented By
Phillip Myer - SUSPENDED -
3:00 PM
CONT...
Trustee(s):
Patrick R McMahon and Denise A Hamada-McMahon
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:15-11088
Irma Zuniga
Chapter 13
#2.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding [11 U.S.C. 1307(c)(6)]
(Motion Filed 1/7/2020) (Response Filed 6/25/20)
(Set per notice filed 8/6/2020)
[Case transferred from CB on 7/31/2020]
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
Docket 52
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the status of the loan forebearance/modification negotiations.
Party Information
Debtor(s):
Irma Zuniga Represented By
Claudia C Osuna
3:00 PM
CONT...
Trustee(s):
Irma Zuniga
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:15-13397
Jessica Amabilia Morales
Chapter 13
#3.00
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding
[11 U.S.C. 1307(c)(6)]
[Case transferred from CB on 7/31/2020]
FR: 3-12-20; 4-9-20; 6-11-20; 7-2-20; 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
[Tele. appr., Christopher J. Langley, repr., Jessica Morales., Debtor]
Docket 91
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
3:00 PM
CONT...
Debtor(s):
Jessica Amabilia Morales
Chapter 13
Jessica Amabilia Morales Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:15-13420
Rene Guillen and Rocio Perez Guillen
Chapter 13
#4.00
CONT'D Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 2/3/2020)
[Case transferred from CB on 7/31/2020]
FR: 3-12-20; 4-9-20; 6-11-20; 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
Docket 97
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Rene Guillen Represented By
Nicholas M Wajda
3:00 PM
CONT...
Rene Guillen and Rocio Perez Guillen
Chapter 13
Joint Debtor(s):
Rocio Perez Guillen Represented By Nicholas M Wajda
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:16-10494
Maritza Jarquin
Chapter 13
#5.00
CONT'D Hearing RE: Motion for An Order Compelling Debtor's Former Counsel Ashishkumar Patel To Return Funds Ordered Disgorged; To Amend Rights And Responsibilities Agreement And Disclosure Of Compensation Form; To Determine If Fees In Excess Of $1,500.00 Should Be Ordered Disgorged Pursuant To 11 U.S.C. Section 329 And Motion To Refer Ashkumar Patel, [California Bar Number 207293] 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 3/10/2020)
[Case transferred from CB on 7/31/2020]
FR: 4-9-20; 5-6-20; 6-24-20; 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee] [Tele. appr., Frank Cadigan, repr., U.S. Trustee]
[Tele. appr., Michael Jones, repr., Ashishkumar Patel]
Docket 46
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO RESOLVE UNITED STATES TRUSTEE'S MOTION ENTERED ON 9-9-20 (DOCKET NO. 82).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Maritza Jarquin Represented By Ashishkumar Patel
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT...
Maritza Jarquin
Chapter 13
3:00 PM
8:16-13608
Artemio Uriostegui Sagal and Elidia Garcia Sagal
Chapter 13
#6.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8-6-20)
(Set Per Opposition filed 8-13-20)
Docket 88
*** VACATED *** REASON: NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FOR ORDER DISMISSING CHAPTER 13 (11
U.S.C. - 1307(C))FILED 8/31/2020 (docket no.[ 92]) Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Artemio Uriostegui Sagal Represented By Jaime A Cuevas Jr.
Joint Debtor(s):
Elidia Garcia Sagal Represented By Jaime A Cuevas Jr.
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:16-14504
Ashraf Sami Abdel Malek
Chapter 13
#7.00
CONT'D Hearing RE: Motion To Approve Stipulation With Regard To First Lien On Real Property Located At 7739 East Appaloosa Trail, Orange, CA 92869 (Motion filed 6/16/20)
[Case transferred from CB on 7/31/20]
FR: 7-21-20; 8-4-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
Docket 84
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Grant the motion and approve the stipulation.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Ashraf Sami Abdel Malek Represented By Andy C Warshaw
3:00 PM
CONT...
Trustee(s):
Ashraf Sami Abdel Malek
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:17-10318
Emerita Aguilar
Chapter 13
#8.00
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 proceeding
[11 U.S.C. 1307(c)(6)]
[Case transferred from CB on 7/31/2020]
FR: 10-10-19; 11-14-10; 2-6-20; 3-12-20; 4-9-20; 6-11-20; 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
[Tele. appr., Christopher J. Langley, repr., Emerita Aguilar, Debtor]
Docket 55
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
3:00 PM
CONT...
Debtor(s):
Emerita Aguilar
Chapter 13
Emerita Aguilar Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:18-10756
Stephen Griffin
Chapter 13
#9.00
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)]
(Set per notice and opposition filed 1/31/20) [Case transferred from CB on 7/31/2020]
FR: 3-12-20; 4-9-20; 6-11-20; 8-13-20
Docket 61
*** VACATED *** REASON: NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FOR ORDER DISMISSING CHAPTER 13 (11
U.S.C. - 1307(C)) FILED 8/31/2020 (docket no. [83]) Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Stephen Griffin Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-10066
Bridget Sirkegian-Kaub
Chapter 13
#10.00
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)]
(Set per notice and opposition filed 2/21/2020) [Case transferred from CB on 7/31/2020]
FR: 4-9-20; 6-11-20; 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
[Tele. appr., Christopher J. Langley, repr., Bridget Sirkegian-Kaub., Debtor]
Docket 50
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
3:00 PM
CONT...
Debtor(s):
Bridget Sirkegian-Kaub
Chapter 13
Bridget Sirkegian-Kaub Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-10255
Maria Lucia Aguilar
Chapter 13
#11.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8-7-20)
(Set Per Opposition filed 8-17-20)
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee] [Tele. appr., Jaime A. Cuevas, repr., Maria L. Aguilar, Debtor]
Docket 29
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Maria Lucia Aguilar Represented By Jaime A Cuevas Jr.
3:00 PM
CONT...
Trustee(s):
Maria Lucia Aguilar
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-10257
Shilpa Patel
Chapter 13
#12.00
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)]
(Set per notice and opposition filed 1/31/20) [Case transferred from CB on 7/31/2020]
FR: 3-12-20; 4-9-20; 6-11-20; 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee] [Tele. appr., Julie J. Vallalobos, repr., Shilpa Patel, Debtor]
Docket 30
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
3:00 PM
CONT...
Debtor(s):
Shilpa Patel
Chapter 13
Shilpa Patel Represented By
Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-10998
Arthur J. Gonzales
Chapter 13
#13.00
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)]
(Set per notice filed 10/29/19)
[Case transferred from CB on 7/31/2020]
FR: 12-12-19; 2-6-20; 3-12-20; 4-9-20; 6-11-20; 8-13-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
Docket 59
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Arthur J. Gonzales Represented By
3:00 PM
CONT...
Trustee(s):
Arthur J. Gonzales
James D. Hornbuckle
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-14094
Bettina R. Celifie
Chapter 13
#14.00
CONT'D Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 2/4/2020)
[Case transferred from CB on 7/31/2020]
FR: 3-12-20; 4-9-20; 6-11-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee] [Tele. appr., James Hornbuckle, repr., Bettina R. Celifie]
Docket 33
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will sustain the Chapter 13 Trustee's objections and dismiss the case. The proposed modified plan is not feasible.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
3:00 PM
CONT...
Debtor(s):
Bettina R. Celifie
Chapter 13
Bettina R. Celifie Represented By
James D. Hornbuckle
Movant(s):
Amrane (SA) Cohen (TR) Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:20-10293
Leslie Dorian Pace
Chapter 13
#15.00
CONT'D Hearing RE: Motion For Order Disallowing Claim: (Motion filed 6/10/2020)
[Case transferred from CB on 7/31/2020]
Claim No. 8 (Court Docket) Scolopax, LLC
$63,414.27
Claim No. 23 (Chapter 13 Docket) Scolopax, LLC $63,414.27 Fr: 7/2/20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee] [Tele. appr., Bert Briones, repr., Leslie Pace, Debtor]
Docket 22
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will deny the Motion and overrule the Objection as moot in view of LoanMe's withdrawal of its proof of claim on June 22, 2020.
3:00 PM
CONT...
Leslie Dorian Pace
Chapter 13
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Leslie Dorian Pace Represented By Bert Briones
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:17-14694
Jose Jorge Perez
Chapter 13
#16.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8-6-20)
(Set Per Opposition filed 8-17-20)
[Case transferred from CB on 7/31/2020]
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee] [Tele. appr., Jaime A. Cuevas, repr., Jose Jorge Perez, Debtor]
Docket 54
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Jose Jorge Perez Represented By
3:00 PM
CONT...
Trustee(s):
Jose Jorge Perez
Jaime A Cuevas Jr.
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:20-11858
Rebecca Justice Garcia
Chapter 13
#17.00
Hearing RE: Motion To Avoid Junior Lien On Principal Residence With Wilmington Savings Fund Society, FSB, D/B/A Christiana Trust As Trustee For PNPMS Trust I
(Motion filed 7/6/2020)
[Case transferred from CB on 7/31/2020]
[RE: 28231 Somerset, Mission Viejo, California 92692] [Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
[Tele. appr., Benjamin R. Heston, repr., Rebecca Garcia, Debtor]
[Tele. appr., Erin M. McCartney, repr., Wilmington Savings Fund Society, Creditor]
Docket 14
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court finds the Lender's appraisal more persuasive and credible than Debtor's appraisal. The Motion is denied with prejudice.
3:00 PM
CONT...
Rebecca Justice Garcia
Chapter 13
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Rebecca Justice Garcia Represented By Benjamin R Heston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-11441
Peter Mininsohn
Chapter 13
#18.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8-7-20)
(Set per Notice and Opposition filed 8-17-20) [Case transferred from CB on 7/31/2020]
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
Docket 63
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Peter Mininsohn Represented By Amanda G Billyard
3:00 PM
CONT...
Trustee(s):
Peter Mininsohn
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:16-13648
Richard Eugene Bresnahan
Chapter 13
#19.00
CON'D Hearing RE: Trustee's verified motion for order dismissing Chapter 13 proceeding (11 U.S.C. section 1307(c)(6))
(Motion filed 6-6-19)
[Case transferred from CB on 7/31/2020]
Fr: 8/8/19, 9/12/19, 10/10/19, 11/14/19, 2/6/20, 3/12/20, 6/11/20, 7/2/20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
[Tele. appr., Richard G. Heston, repr., Richard Bresnahan, Debtor]
Docket 69
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will permit the Debtor to file a renewed objection to the DSO on or before October 31, 2020.
The Court continues the hearing on this motion to dismisss to December 9, 2020 at 3:00 p.m.
COURT TO PREPARE ORDER.
3:00 PM
CONT...
Debtor(s):
Richard Eugene Bresnahan
Party Information
Chapter 13
Richard Eugene Bresnahan Represented By Richard G Heston
Movant(s):
Amrane (SA) Cohen (TR) Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:16-13648
Richard Eugene Bresnahan
Chapter 13
#20.00
Hearing RE: Application of Attorney for Debtor for Fees and Related Expenses in a Pending Chapter 13 Case For the Period From August 27, 2019 Through July 2, 2020
(Application filed 7-29-20)
(Set per notice of hearing filed 8-13-20) [Case transferred from CB on 7/31/2020]
[RE: Heston & Heston, Attorneys at Law - Attorney for Debtors] [Fee: $2,445.86, Expenses: $0.00]
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
[Tele. appr., Richard G. Heston, repr., Richard Bresnahan, Debtor]
Docket 111
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire of Mr. Heston if he has a response to the Chapter 13 Trustee's objection that fees paid to a Debtor's chapter 13 attorney must be paid through a RARA. The Court notes that use of a RARA is optional under LBR 3015-1(6).
Further, an attorney can elect to be paid other than pursuant to a RARA. LBR
3:00 PM
CONT...
Richard Eugene Bresnahan
Chapter 13
3015-1(6)(5).
Party Information
Debtor(s):
Richard Eugene Bresnahan Represented By Richard G Heston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:17-14010
Alvin Bradley, Jr. and Nikki Michelle Bradley
Chapter 13
#21.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8-6-20)
(Set per notice and opposition filed 8-17-20) [Case transferred from CB on 7/31/2020]
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
Docket 52
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
Alvin Bradley Jr. Represented By
Richard Mark Garber
Joint Debtor(s):
Nikki Michelle Bradley Represented By
3:00 PM
CONT...
Trustee(s):
Alvin Bradley, Jr. and Nikki Michelle Bradley
Richard Mark Garber
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-10916
Todd Arthur Lockwood
Chapter 13
#22.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8-7-20)
(Set per notice and opposition filed 8-19-20) [Case transferred from CB on 7/31/2020]
Docket 42
*** VACATED *** REASON: WITHDRAWAL OF OPPOSITION TO TRUSTEE’S MOTION TO DISMISS CHAPTER 13 CASE FILED 8/31/2020 DKT. NO. [46]
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Todd Arthur Lockwood Represented By Andrew Moher
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:16-12437
Andrew William Montgomery
Chapter 13
#23.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8-6-20)
(Set per notice and opposition filed 8-20-20) [Case transferred from CB on 7/31/2020]
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
Docket 106
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Andrew William Montgomery Represented By Michael F Chekian
3:00 PM
CONT...
Trustee(s):
Andrew William Montgomery
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:15-13890
Sharae LaShan McClain
Chapter 13
#24.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8/6/2020)
(Set per notice filed 8-20-20)
Docket 61
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FOR ORDER DISMISSING CHAPTER 13 (11 U.S.C. - 1307(C)) FILED 8/31/2020 DOCKET No. 64
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Sharae LaShan McClain Represented By Nicholas M Wajda
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:15-14213
John Edward Kikuchi
Chapter 13
#25.00
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding
[11 U.S.C. Section 1307(c)(6)]
(Motion filed 5/22/2020)
FR: 7-22-20
Docket 55
*** VACATED *** REASON: NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FOR ORDER DISMISSING CHAPTER 13 (11 U.S.C. - 1307(C)) FILED 8/31/2020 dkt. no. [83]
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
John Edward Kikuchi Represented By William R Cumming
Movant(s):
Amrane (SA) Cohen (TR) Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-13588
Raymond Coleman Mathews and Sheryl Lyn Mathews
Chapter 13
#26.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8-7-20)
(Set per notice and opposition filed 8-21-20) [Case transferred from CB on 7/31/2020]
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
Docket 33
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Raymond Coleman Mathews Represented By
Raj T Wadhwani
3:00 PM
CONT...
Raymond Coleman Mathews and Sheryl Lyn Mathews
Chapter 13
Joint Debtor(s):
Sheryl Lyn Mathews Represented By
Raj T Wadhwani
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-13894
Jordan Elijah Jaussi
Chapter 13
#27.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8-7-20)
(Set per opposition filed 8-21-20)
[Case transferred from CB on 7/31/2020]
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
Docket 36
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
Jordan Elijah Jaussi Represented By
D Justin Harelik
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT...
Jordan Elijah Jaussi
Chapter 13
9:00 AM
6:19-16545
DDI Distribution of California LLC
Chapter 7
Adv#: 6:20-01118 Bui v. PAL Distribution, Inc. et al
#1.00
STATUS CONFERENCE re: Complaint by Lynda Bui against PAL Distribution, Inc., Peter Larios, Jose Castellanos. (Charge To Estate). ($350.00) for 1) Breach of Fiduciary Duty [11 U.S.C. § 541; Cal. Corp. Code § 17704.09; Cal. Civ. Code §§ 3294 and 3333]; 2) Violation of Cal. Penal Code Section 496(a); 3) Conversion; 4) Unjust Enrichment [11 U.S.C. § 105]; 5) Avoidance of Intentional
Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550; Cal. Civ. Code §§ 3439.04, 3439.07]; 6) Avoidance of Constructive Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550; Cal. Civ. Code
§§3439.04, 3439.05, 3439.07]; 7) Preservation of Avoided Transfers [11 U.S.C.
§ 551]; 8) Disallowance of Claims [11 U.S.C. § 502(d)]; and 9) Turnover of Property of the Estate [11 U.S.C. § 542] Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment)) (Iskander, Brandon) Modified on 6/24/2020 (Craig, John).
Docket 1
*** VACATED *** REASON: Order Approving Stipulation to continue status conference entered on 8/28/20 (doc.16 )
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
DDI Distribution of California LLC Represented By
Mark E Brenner
Defendant(s):
PAL Distribution, Inc. Pro Se
Peter Larios Pro Se
Jose Castellanos Pro Se
9:00 AM
CONT...
DDI Distribution of California LLC
Chapter 7
Plaintiff(s):
Lynda Bui Represented By
Brandon J Iskander
Trustee(s):
Lynda T. Bui (TR) Represented By Brandon J Iskander
9:00 AM
8:20-12255
Fred Carlos Martinez and Dianne Joanne Martinez
Chapter 13
#2.00
Hearing RE: Motion For Reconsideration Of Order Denying Application Shortening Time On Hearing For Motion To Continue Automatic Stay (Motion filed 8-18-20)
(OST entered 8-19-20)
Docket 16
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion and continue the automatic stay. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Fred Carlos Martinez Represented By Andrew Moher
Joint Debtor(s):
Dianne Joanne Martinez Represented By Andrew Moher
9:00 AM
CONT...
Trustee(s):
Fred Carlos Martinez and Dianne Joanne Martinez
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
Adv#: 8:20-01009 Medley Capital Corporation v. Modern VideoFilm, Inc.
#1.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Declaratory Relief
(Complaint filed 1/29/20) FR: 4-15-20
Docket 1
Debtor(s):
*** VACATED *** REASON: ORDER CONTINUING ADVERSARY STATUS CONFERENCE TO SEPTEMBER 23, 2020 AT 9:00 AM ENTERED ON 9-5-20. (Docket No. 23)
Party Information
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
Defendant(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Peter W Lianides
Plaintiff(s):
Medley Capital Corporation Represented By Justin E Rawlins
9:00 AM
8:19-11987
Enalasys Corporation
Chapter 11
#2.00
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; 12-11-19; 1-22-20; 5-13-20
Docket 9
*** VACATED *** REASON: ORDER CONTINUING STATUS CONFERENCE TO SEPTEMBER 23, 2020 AT 9:00 AM ENTERED ON 9-5
-20. (Docket No. 126)
Party Information
Debtor(s):
Enalasys Corporation Represented By Michael Jones Sara Tidd
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:19-01167 Complete Business Solutions Group, Inc. v. South Coast Behavioral Health,
#3.00
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]
[Ikhan Capital, LLC AND Bridge Funding Capital, LLC (ONLY) - DISMISSED 7-6-2020 - (docket no. 82]
(Complaint Filed 8/8/19)
(Another Summons issued 11/13/19) FR: 11-6-19; 11-27-19; 1-29-20
Docket 1
*** VACATED *** REASON: CONTINUED TO FEBRUARY 8, 2021 AT 2:00 P.M. PER ORDER APPROVING STIPULATION EXTENDING CASE MANAGEMENT DEADLINES ENTERED 5-11-2020 - (DOCKET NO. [72])
Party Information
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 Represented By Steven R Fox
Ikhan Capital LLC, Represented By Karel G Rocha
Bridge Funding Capital LLC, Represented By
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Karel G Rocha
Chapter 11
FID Funding Represented By
David B Zolkin
BMF Capital LLC Represented By David B Zolkin
Plaintiff(s):
Complete Business Solutions Group, Represented By
Keith C Owens
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders
9:00 AM
8:19-13904
Kathy D Gorski and Michael A Gorski
Chapter 11
#4.00
CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/4/19)
FR: 1-22-20; 5-13-20; 5-18-20
Docket 15
Debtor(s):
*** VACATED *** REASON: ORDER CONTINUING STATUS CONFERENCE TO SEPTEMBER 23, 2020 AT 9:00 AM ENTERED ON 9-5
-20. (DOCKET NO. 164)
Party Information
Kathy D Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
Joint Debtor(s):
Michael A Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
10:00 AM
6:20-13852
Rasim Gutic and Lina Hekmat Azzam
Chapter 7
#1.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and BB&T Now Truist in the amount of $6810.22
Re: 2014 Chrysler Town and Country
Docket 23
Party Information
Debtor(s):
Rasim Gutic Pro Se
Joint Debtor(s):
Lina Hekmat Azzam Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
6:20-14656
Brianna Madrid
Chapter 7
#2.00
Hrg. on Approval of Reaffirmation Agreement Between Debtor and CarFinance Capital in the amount of $14,279.56
Re: 2017 Chevrolet Cruz
Docket 9
Party Information
Debtor(s):
Brianna Madrid Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
8:17-10007
Tricia R. London
Chapter 13
#1.00
Motion for relief from stay [Real Property]
HSBC Bank USA N.A., As Trustee On Behalf Of The Certificateholders Of Deutsche Alt-A Securities Mortgage Loan Trust, Series 2007-BAR1, Mortgage Pass-Through Certificates, Series 2007-BAR1, Its Assignees And/Or Sucessors vs DEBTOR
(Motion filed 8-27-20)
[RE: 5209 Dresden Circle, Cypress, CA 90630]
Docket 61
*** VACATED *** REASON: ORDER GRANTING ADEQUATE PROTECTION AGREEMENT ENTERED ON 9-16-20 (DOCKET NO. 67).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Tricia R. London Represented By Parisa Fishback
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:18-10139
Ralph Richard Encinas
Chapter 13
#2.00
CONT'D Motion for relief from stay [Real Property]
BlueWater Investment Trust 2018-1 vs. DEBTOR (Motion filed 6/3/2020)
[Case transferred from CB on 7/31/2020]
[RE: 23291 Cheswald Drive, Laguna Niguel, California 92677-200]
FR: 7-7-20
Docket 56
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Ralph Richard Encinas
Chapter 13
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Ralph Richard Encinas Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:18-11446
Peggy McWilliams Lawson and George Morris Lawson
Chapter 13
#3.00
Motion for relief from stay [Real Property]
Reverse Mortgage Funding, LLC vs DEBTORS (Motion filed 8-17-20)
[RE: 5921 Amberdale Drive, Yorba Linda, California 92886]
Docket 60
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Debtor(s):
Peggy McWilliams Lawson and George Morris Lawson
Party Information
Chapter 13
Peggy McWilliams Lawson Represented By Douglas L Weeks
Joint Debtor(s):
George Morris Lawson Represented By Douglas L Weeks
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:18-11979
Jose Mella Ramin, Jr. and Marivic Aparato Ramin
Chapter 13
#4.00
Motion for relief from stay [Real Property]
HSBC Bank USA, N.A., As Trustee For the Registered Holders Of Nomura Home Equity Loan, Inc., Asset-Backed Certificates, Series 2006-HE1 vs.
DEBTORS
(Motion filed 8/6/2020)
[RE: 3042 Zimmerman Place, Tustin, California 92782]
Docket 47
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire of Movant as to the status of the loan.
Party Information
Debtor(s):
Jose Mella Ramin Jr. Represented By John Asuncion
9:00 AM
CONT...
Jose Mella Ramin, Jr. and Marivic Aparato Ramin
Chapter 13
Joint Debtor(s):
Marivic Aparato Ramin Represented By John Asuncion
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-14548
John Corbett and Lorene Corbett
Chapter 13
#5.00
Motion for relief from stay [Real Property]
Select Portfolio Servicing Inc., As Servicing Agent For Deutsche Bank National Trust Company, As Trustee For WAMU Mortgage Pass-Through Certificates,
Series 2005-AR2 vs DEBTORS (Motion filed 8-10-20)
[RE: 25491 Alisal Ave, Laguna Hills, California 92653]
Docket 59
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
John Corbett and Lorene Corbett
Chapter 13
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
John Corbett Represented By
Kevin Tang
Joint Debtor(s):
Lorene Corbett Represented By Kevin Tang
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-14766
Daniel Steven Tetter
Chapter 13
#6.00
CONT'D Motion for relief from stay [Real Property]
U.S. Bank National Association vs. DEBTOR (Motion filed 7/10/2020)
[RE: 11051 Ticonderoga Drive, Los Alamitos, California 90720-2650]
FR: 8-3-20
Docket 35
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the status of a stipulation to provide further curing of arrears.
Party Information
Debtor(s):
Daniel Steven Tetter Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT...
Daniel Steven Tetter
Chapter 13
9:00 AM
8:19-14837
Steven George Schultz
Chapter 13
#7.00
Motion for relief from stay [Real Property]
Wells Fargo Bank, National Association As Trustee For Option One Mortgage Loan Trust 2007-6, Asset-Backed Certificates, Series 2007-6 vs DEBTOR (Motion filed 8/7/2020)
[RE: 17160 Santa Suzanne Street, Fountain Valley, CA 92708]
Docket 61
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Debtor(s):
Steven George Schultz
Party Information
Chapter 13
Steven George Schultz Represented By Sunjay Bhatia
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-10251
Ralph Q. Quinata and Maria A Quinata
Chapter 13
#8.00
CONT Motion for relief from stay [Real Property]
Wilmington Trust National Associatoin, Not In Its Individual Capacity, But Solely As Trustee For MFRA Trust 2016-1 vs. DEBTORS
(Motion filed 7/30/2020)
[Case transferred from CB on 7/31/2020]
[RE: 14202 Roxanne Drive, Westminster, CA 92683-3797]
FR: 8-24-20
Docket 44
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Ralph Q. Quinata and Maria A Quinata
Chapter 13
The 14-day stay provided by Rule 4001(a)(3) is waived.
The Court finds the Debtor is a borrower under the California Civil Code. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Ralph Q. Quinata Represented By Christopher J Langley
Joint Debtor(s):
Maria A Quinata Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-10412
Cynthia Bray Dimel
Chapter 13
#9.00
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 8-18-20)
[RE: 1675 New Hampshire Drive, Costa Mesa, CA 92626]
Docket 39
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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 Court denies the request as to an award of attorneys fees as not germane to a
9:00 AM
CONT...
Cynthia Bray Dimel
Chapter 13
relief from stay motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Cynthia Bray Dimel Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-10629
Maria I Barriga
Chapter 13
#10.00
CONT'D Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 7/20/2020)
[Case transferred from CB on 7/31/2020)
[RE: 2019 Toyota RAV4 - VIN No.: JTMH1RFV9KD514285]
FR: 9/15/20
Docket 35
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING ADEQUATE PROTECTION AGREEMENT ENTERED ON 9-3-20. (DOCKET NO. 42).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Maria I Barriga Represented By Gary Polston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-12331
Mary Fausto
Chapter 13
#11.00
Motion for relief from stay [Real Property]
Ajax Mortgage Loan Trust 2019-E, Mortgage-Backed Securities, Series 2019-E, by U.S. Bank National Association, as Indenture Trustee, its seccuessors and/or assigns vs DEBTOR
(Motion filed 8-20-20)
[RE: 2701 W California St, Santa Ana, CA 92704-4019]
Docket 5
*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING CASE FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED ON 9-8-20 (DOCKET NO. 10).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Mary Fausto Represented By
Anthony P Cara
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-10672
Leonor Garcia Vazquez
Chapter 7
#12.00
CONT'D Motion for relief from stay [Real Property]
Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Home Equity Loan Trust 2006-2 vs. DEBTOR
(Motion filed 5/12/2020)
[RE: 11 Bedstraw Loop, Ladera Ranch, California 92694]
Docket 38
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court denies the Motion without prejudice, finding that the Debtor has equity in the property and that the Movant is adequately protected.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Leonor Garcia Vazquez Pro Se
9:00 AM
CONT...
Movant(s):
Leonor Garcia Vazquez
Chapter 7
Deutsche Bank National Trust Represented By Sean C Ferry
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
8:20-11408
Martha Elena Zamarripa
Chapter 7
#13.00
Motion for relief from stay [Real Property]
Deutsche Bank National Trust Company, as Indenture Trustee, on behalf of the holders of the Terwin Mortgage Trust 2006-8, Asset-backed Securities, Series 2006-8, as serviced by Specialized Loan Servicing, LLC vs DEBTOR
(Motion filed 8-19-20)
[RE: 14552 Holt Avenue Unit C Tustin, California 92780]
Docket 10
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Martha Elena Zamarripa
Chapter 7
The Court finds that the Debtor is a borrower under the California Civil Code. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Martha Elena Zamarripa Represented By Kevin J Kunde
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
8:20-12057
David Robert Kolb and Rebecca Lori-Anne Kolb
Chapter 7
#14.00
Motion for relief from stay [Personal Property]
Ford Motor Credit Company LLC vs DEBTOR (Motion filed 8-27-20)
[RE: 2018 Ford F150, VIN: 1FTEW1CP1JKC95649]
Docket 12
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
David Robert Kolb and Rebecca Lori-Anne Kolb
Party Information
Chapter 7
David Robert Kolb Represented By Brian J Soo-Hoo
Joint Debtor(s):
Rebecca Lori-Anne Kolb Represented By Brian J Soo-Hoo
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:20-11795
Byron York Priestley
Chapter 11
#15.00
Motion for relief from stay [Real Property] 20 Cap Fund I, LLC vs DEBTOR
(Motion filed 8-10-20)
[RE: 22442 Rippling Brook, Lake Forest, CA 92630]
Docket 30
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court determines that an evidentiary hearing likely will be required for the Court to determine this matter. By order of the District Court, the Reagan Courthouse is now closed as to all non-emergency matters. Acccordingly, the Court continues the hearing to December 14, 2020 at 9:00 a.m., finding good cause pursuant to 11 U.S.C. § 362(e).
Party Information
Debtor(s):
Byron York Priestley Represented By Anerio V Altman
9:00 AM
CONT...
Byron York Priestley
Chapter 11
9:00 AM
8:20-11795
Byron York Priestley
Chapter 11
#16.00
CONT STATUS CONFERENCE RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 case (Petition filed 6/23/2020)
FR: 8-26-20
Docket 12
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
Next status conference: TBD. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Byron York Priestley Represented By Anerio V Altman
9:00 AM
CONT...
Byron York Priestley
Chapter 11
2:00 PM
8:18-12541
Scott Lawrence Chappell and Alicia Woolsey
Chapter 7
#1.00
Hearing RE: Chapter 7 Trustee's Federal Rule of Bankruptcy Procedure 9019 Motion For Order Approving And Enforcing Mediation Term Sheet Agreement (Motion filed 8/7/2020)
Docket 113
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant Motion and approve Mediation Term Sheet pursuant to FRBP 9019. CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Scott Lawrence Chappell Represented By Stephen E Olear
Joint Debtor(s):
Alicia Woolsey Represented By Stephen E Olear
2:00 PM
CONT...
Trustee(s):
Scott Lawrence Chappell and Alicia Woolsey
Chapter 7
Thomas H Casey (TR) Represented By Thomas H Casey
2:00 PM
8:19-13068
Antonio Espinoza Muro
Chapter 7
#2.00
CONT Hearing RE: Motion To Approve Compromise Of Controversy With Maribel Carolyn Muro Vasquez
(Motion filed 7/3/2020)
(Set per Notice of Hearing filed 7/23/2020) FR: 8-10-20
Docket 74
*** VACATED *** REASON: ORDER GRANTING MOTION TO APPROVE COMPROMISE ENTERED ON 8-21-20 (Docket No. 88)
Tentative Ruling:
Party Information
Debtor(s):
Antonio Espinoza Muro Represented By
J.D. Cuzzolina
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
2:00 PM
8:19-10058
Joy Omoderi Amagboruju Miles
Chapter 11
#3.00
Hearing
RE: Application For Payment Of: Final Fees And/Or Expenses (11 U.S.C. Section 330) From January 7, 2019 Through August 10, 2020
(Application filed 8-19-20)
[RE: Anyama Law Firm, Attorney for Debtor and Debtor In Possession] [Fee: $10,740.00, Expenses: $502.41]
Docket 131
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Grant and approve and allow on a final basis:
Attorney's Fees: $10,740.00. Costs: $502.41.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
Joy Omoderi Amagboruju Miles
Chapter 11
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
2:00 PM
8:19-13904
Kathy D Gorski and Michael A Gorski
Chapter 11
#4.00
Hearing RE: Debtor's Motion to Borrow Non-Exempt Portion of Cash Value of Life Insurance Policies Nunc Pro Tunc (11 U.S.C. §364(b))
(Motion filed 8-20-20)
Docket 152
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court intends to grant the Motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Kathy D Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
Joint Debtor(s):
Michael A Gorski Represented By Andy C Warshaw
2:00 PM
CONT...
Kathy D Gorski and Michael A Gorski
Arnold H. Wuhrman
Chapter 11
2:00 PM
8:19-14489
Luis Daniel Ochoa
Chapter 11
#5.00
Hearing RE: First Fee Application Of Anerio V. Altman, Esq For Allowance Of Compensation and Reimbursement Of Expenses Incurred As Counsel For the Debtor For The Period From November 17, 2019 to July 3, 2020
(Application filed 7/27/20) (Set per notice filed 8/14/20)
[RE: Anerio V. Altman - Attorney For Debtor] [Fee: $13,440.00, Expenses: $655.06]
Docket 58
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court approves and allows on an interim basis:
Attorney's Fees: $13,440.00. Costs: $655.06.
The Application states on page 5 of 56, lines 4 - 6, that DIP's cash balance and cash on bond is negligible. Therefore, the Court cannot order payment of the fees and costs at this time. The DIP is directed and authorized to make payment at the earliest possible time without jeopardizing the DIP's need for a reasonable working capital reserve.
2:00 PM
CONT...
Luis Daniel Ochoa
Chapter 11
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Luis Daniel Ochoa Represented By Anerio V Altman
2:00 PM
8:19-14714
Meade Instruments Corp.
Chapter 11
#6.00
Hearing RE: Second Interim Application For Compensation And Reimbursement Of Expenses For The Period From April 1, 20202 Through July 31, 2020 (Application filed 8/7/20)
[RE: Grobstein Teeple, LLP - Accountants For The Chapter 11 Debtor] [Fees: $8,163.00, Expenses: $0.00]
Docket 251
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Grant and allow on an interim basis:
Accountant's Fees: $8,163.00. Costs: $0.00.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Meade Instruments Corp. Represented By
2:00 PM
CONT...
Meade Instruments Corp.
Robert P Goe
Chapter 11
2:00 PM
8:19-14714
Meade Instruments Corp.
Chapter 11
#7.00
Hearing RE: Second Interim Application For Compensation And Reimbursement Of Expenses For The Period From April 7, 2020 Through August 26, 2020 (Application filed 8/31/2020)
[RE: Goe Forsythe & Hodges LLP - Counsel For Debtor And Debtor In Possession]
[Fees: $93,541.50, Expenses: $271.25]
Docket 256
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Grant and allow on an interim basis:
Attorney's Fees: $93,541.50. Costs: $271.25.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS (DIP COUNSEL MAY LODGE A SINGLE ORDER FOR ALL APPLICANTS).
Party Information
2:00 PM
CONT...
Debtor(s):
Meade Instruments Corp.
Chapter 11
Meade Instruments Corp. Represented By Robert P Goe
Movant(s):
Goe Forsythe & Hodges LLP Represented By Robert P Goe
2:00 PM
8:19-14714
Meade Instruments Corp.
Chapter 11
#8.00
Hearing RE: Second Interim Application For Allowance and Payment of Fees And Expenses For The Period: From April 1, 2020 Through July 31, 2020 (Application filed 8/31/2020)
[RE: SulmeyerKupetz, A Professional Corporation, As Counsel to The Official Committee of Unsecured Creditors]
[Fee: $61,510.00, Expenses: $2,935.96]
Docket 258
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Grant and allow on an interim basis:
Attorney's Fees: $61,510.00. Costs: $2,935.96.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
Meade Instruments Corp.
Chapter 11
Meade Instruments Corp. Represented By Robert P Goe
Movant(s):
SulmeyerKupetz, A Professional Represented By
Mark S Horoupian
2:00 PM
8:19-14714
Meade Instruments Corp.
Chapter 11
#9.00
Hearing RE: First Interim Application For Compensation And Reimbursement Of Expenses For The Period: April 1, 2020 Through July 31, 2020
(Application filed 8/31/2020)
[RE: Broadway Advisors, LLC, As Financial Advisor Of Debtor And Debtor In Possession And The Official Committee Of Unsecured Creditors] [Fees: $25,745.00, Expenses: $0.00]
Docket 259
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Grant and allow on an interim basis:
Fees: $25,745.00.
Costs: $0.00.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
Meade Instruments Corp.
Chapter 11
Meade Instruments Corp. Represented By Robert P Goe
2:00 PM
8:19-13068
Antonio Espinoza Muro
Chapter 7
#10.00
Hearing RE: Final Fee Applicaiton For Compensation And Reimbursement Of Costs Application for Compensation and Reimbursement of Costs For The Period Of October 9, 2020 Through August 31, 2020
(Application filed 8/31/2020)
[RE: Law Offices of Michael G. Spector, Trustee's Attorney] [Fee: $24,231, Expenses: $638.70]
Docket 91
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Grant and allow on a final basis:
Attorney's Fees: $24,231.00. Costs: $638.70.
$20,000.00 shall be paid at this time. If additional funds come into the Estate in the future, Applicant may seek an order for payment of the unpaid balance.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
2:00 PM
CONT...
Debtor(s):
Antonio Espinoza Muro
Party Information
Chapter 7
Antonio Espinoza Muro Represented By
J.D. Cuzzolina
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
2:00 PM
8:19-11218
US Direct LLC
Chapter 7
#11.00
Hearing RE: Chapter 7 Trustee's Notice Of Motion And Motion For Order
Approving Compromise Between Chapter 7 Trustee And Mr. Jordan M. Batt Pursuant To FRBP 9019; And
Authorizing Trustee To Pay Contingency Fee To Special Litigation Counsel Pursuant To Approved Employment Order
(Motion Filed 8/31/2020)
Docket 257
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant. Approve settlement and authorize payment of $410,000.00 to Elkins Kalt law firm upon receipt of the $1,025,000.00 settlement payment.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
US Direct LLC Pro Se
2:00 PM
CONT...
Movant(s):
US Direct LLC
Chapter 7
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
9:00 AM
6:20-14155
Power Bail Bonds, Inc.
Chapter 11
#1.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Acar Leasing LTD vs. DEBTOR (Motion filed 8/17/20)
Re: 2019 Chevrolet Silverado; VIN# 1GCPYFED7KZ131947
Docket 84
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Power Bail Bonds, Inc.
Chapter 11
Order binding despite any conversion of the case.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
Movant(s):
ACAR Leasing Ltd. d/b/a GM Represented By
Mandy D Youngblood Randall P Mroczynski
Trustee(s):
Caroline Renee Djang (TR) Pro Se
9:00 AM
6:20-14720
Karin Odette Figueroa
Chapter 7
#2.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTOR, Karl T. Anderson, trustee (Motion filed 8/28/20)
Re: 2018 Jeep Renegade, VIN: ZACCJBCB8JPH37235
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Karin Odette Figueroa
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Karin Odette Figueroa Represented By
Raj T Wadhwani
Movant(s):
Santander Consumer USA Inc. dba Represented By
Sheryl K Ith
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
6:20-14874
Tarek Fazel
Chapter 7
#3.00
Law Offices of Vincent V. Frounjian, Esq. - movant attorney Motion for Relief from Stay
American Honda Finance Corporation vs. DEBTOR, Howard B. Grobstein, chapter 7 trustee
(Motion filed 8/24/20)
Re: 2015 Honda Civic, VIN: 19XF B2F5 0FE2 41768
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Tarek Fazel
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Tarek Fazel Represented By
Paul Y Lee
Movant(s):
American Honda Finance Represented By Vincent V Frounjian
Trustee(s):
Howard B Grobstein (TR) Pro Se
2:00 PM
6:03-22114
Michael Gene Gallup and Debra Ann Gallup
Chapter 7
#1.00
Hrg. on Order to Show Cause why this case should not be re-closed on the ground that no valid cause of action regarding an implanted medical device existed on the petition date of August 13, 2003
(Tele. appr. Lynda Bui, rep. trustee Lynda Bui)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
In re Carroll, 586 B.R. 775 (Bankr. E.D. Cal. 2019) is distinguishable from the case at bar because in Carroll the debtor experienced adverse symptoms from the mesh implantation well in advance of the filing of her bankruptcy petition. The mesh was implanted on August 22, 2003. On October 8, 2003, an exposed section of the mesh implant had to be excised. On June 10, 2005, additional excision and repair was performed. On November 14, 2005, mesh pieces and clips had to be excised. 586 B.R. at 779. Thus, when the debtor filed her bankruptcy petition on February 6, 2009, she had good cause to suspect that she had a cause of action against the manufacturer of the mesh implant and other parties.
Here, the mesh was implanted on April 14, 2003, and Mrs. Gallup filed her bankruptcy petition on August 13, 2003. The Chapter 7 Trustee has made no showing that Mrs. Gallup
2:00 PM
CONT...
Michael Gene Gallup and Debra Ann Gallup
Chapter 7
had reason to believe as of August 13, 2003 that the mesh was defective or was causing problems or likely to cause problems.
If the Chapter 7 Trustee is able to make such a showing, the Chapter 7 Trustee will prevail in this matter. Even if the Chapter 7 Trustee is unable to make this showing, the Chapter 7 Trustee may still prevail if she is able to show that it was common knowledge in the medical world as of August 13, 2003 that the mesh implant used with respect to Mrs. Gallup was defective and/or likely to cause problems in the future. In order for a cause of action for product liability to exist, it must be recognized by someone that the product in question is actually defective. If no one recognizes that a product is defective at a particular point in time, no cause of action yet exists for product liability at that point in time. This can be analogized to a property right in a process, say, the vulcanization of rubber. Someone has to know about and invent the process before a property right comes into being with respect to that process.
How widespread knowledge of the defectiveness of a product must be for a cause of action for product liability to spring into being is an issue the Court does not now address. It is, however, potentially quite relevant and possibly even controlling. The identity of the person or entity possessing the knowledge of the defect may also be relevant. If the manufacturer of the product knows of the defect, that might be more important and given greater weight than if the knowledge or suspicion of the defect is held by persons considered as eccentric or unreliable by the medical community familiar with the product.
If complaints for product liability against the manufacturer of the type of mesh implanted in Mrs. Gallup were actually pending in state or federal courts before the August 13, 2003 petition date, that would tend to show that Mrs. Gallup had a cause of action immediately before the petition date. On the other hand, if no such complaints were pending as of August 13, 2003, that would also be relevant.
The Court continues the hearing to December 1, 2020 at 2:00 p.m. to permit the Chapter 7 Trustee to assemble evidence on the matters referred to above by the Court. The Chapter 7 Trustee’s brief is due on or before November 16, 2020.
COURT TO PREPARE ORDER.
2:00 PM
CONT...
Debtor(s):
Michael Gene Gallup and Debra Ann Gallup
Party Information
Chapter 7
Michael Gene Gallup Represented By
Judy Driver - INACTIVE -
Joint Debtor(s):
Debra Ann Gallup Represented By
Judy Driver - INACTIVE -
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
6:13-15762
Israel De La Torre
Chapter 7
#2.00
Hrg. on trustee's final report and applications for compensation
[Re: Arturo Cisneros, chapter 7 trustee] [Fees; $1704.16; Expenses $70.97]
[Re: Donald T. Fife, Tax Preparer] [Fees; $1000.00; Expenses $0]
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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
2:00 PM
CONT...
Israel De La Torre
Chapter 7
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 $1,704.16 and expenses in the amount of $70.97.
The compensation is approved as to Donald Fife, with fees in the amount of
$1,000.00 and expenses in the amount of $0.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Israel De La Torre Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:00 PM
6:14-23265
Juan Adolfo Suarez and Soledad Aida Suarez
Chapter 7
#3.00
Hrg. on Debtors' Motion filed 8/21/20 to Reopen Chapter 7 Case pursuant to 11
U.S.C. §350(b) and LBR §2010-1 post discharge to allow filing of a motion to avoid judgment lien
Docket 18
*** VACATED *** REASON: Order granting motion to reropen case entered on 9/14/20 (doc. 20) -jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Juan Adolfo Suarez Represented By William P Mullins
Joint Debtor(s):
Soledad Aida Suarez Represented By William P Mullins
Movant(s):
Juan Adolfo Suarez Represented By William P Mullins
Soledad Aida Suarez Represented By William P Mullins William P Mullins William P Mullins William P Mullins William P Mullins William P Mullins William P Mullins William P Mullins
2:00 PM
CONT...
Trustee(s):
Juan Adolfo Suarez and Soledad Aida Suarez
Chapter 7
Lynda T. Bui (TR) Pro Se
2:00 PM
6:18-16791
Alisha Shanea Reese
Chapter 7
#4.00
Hrg. on trustee's final report; applications for compensation
[Re: Robert S. Whitmore, chapter 7 trustee] [Fees; $6500.00; Expenses; $291.65]
[Re: Caroline R. Djang, attorney for trustee] [Fees; $12509.00; Expenses; $92.03]
[Re: Donald T. Fife, accountant] [Fees; $1000.00; Expenses $0]
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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
2:00 PM
CONT...
Alisha Shanea Reese
Chapter 7
by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of $6,500.00 and expenses in the amount of $291.65.
The compensation is approved as to Caroline Djang, with fees in the amount of
$12,509.00 and expenses in the amount of $92.03.
The compensation is approved as to Donald Fife, with fees in the amount of
$1,000.00 and expenses in the amount of $0.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Alisha Shanea Reese Represented By Suzette Douglas Andrea Liddick
Trustee(s):
Robert Whitmore (TR) Represented By Caroline Djang
2:00 PM
6:20-14155
Power Bail Bonds, Inc.
Chapter 11
#5.00
Hrg. on Lexington National Insurance Corporation's Motion filed 8/28/28 for Removal of Debtor as Debtor in Possession Pursuant to 11 U.S.C. §1185 or, in the Alternative, Authorizing Audit
(Tele. appr. Franklin Contreras, rep. creditor, Lexington National Insurance Corporation)
(Tele. app. Caroline Djang, rep. trustee Caroline Djang)
(Tele. appr. Ronald Frank, rep. creditor National Lexington Insurance Corporation / LISTEN ONLY)
(Tele. appr. Mark Holtschneider, rep. creditor, National Lexington National Insurance / LISTEN ONLY)
(Tele. appr. Gary Nye, rep. creditor, National Lexington National Insurance)
(Tele. appr. Douglas Plazak, rep. Debtor, Power Bail Bonds, Inc.)
(Tele. appr. Leonard Shulman, rep. creditor, creditor, National Lexington National Insurance)
(Tele. appr. Lisa Slater, rep. Client, Lexington National Insurance Corporation / LISTEN ONLY)
(Tele. appr. Alan Williams, rep. interested party Marcus Romero / LISTEN ONLY)
Docket 91
Tentative Ruling:
2:00 PM
CONT...
Power Bail Bonds, Inc.
Chapter 11
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant LNIC's request for judicial notice.
LNIC has failed to make a sufficient showing that Debtor has committed bad acts or mismanaged its business after the filing of the petition. Mismanagement of a business before its filing of the petition is hardly a surprise and frequently is the reason a debtor files for bankruptcy in the first place. The Court will deny the Motion without prejudice.
It will, however, order Debtor to provide LNIC with findings made by Debtor as described on page 20 of 22, lines 6 - 19, in Debtor's Opposition to LNIC's Motion, Docket No. 106, filed Sept. 8, 2020. Such information shall be provided by Debtor to LNIC from time to time within three (3) business days of the receipt of such information by LNIC.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
Movant(s):
Lexington National Insurance Represented By
2:00 PM
CONT...
Trustee(s):
Power Bail Bonds, Inc.
Leonard M Shulman Franklin J Contreras
Chapter 11
Caroline Renee Djang (TR) Pro Se
2:00 PM
6:19-18848
Ryan Rosales and Irene Rosales
Chapter 7
#6.00
Hrg. on trustee's final report; applications for compensation
[Re: Larry D. Simons, chapter 7 trustee] [Fees; $948.56; Expenses $220.65]
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
2:00 PM
CONT...
Ryan Rosales and Irene Rosales
Chapter 7
The compensation is approved as to the Trustee, with fees in the amount of $948.56 and expenses in the amount of $220.65.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Ryan Rosales Represented By Todd L Turoci
Joint Debtor(s):
Irene Rosales Represented By
Todd L Turoci
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
8:16-10045
C & W Murphy and Associates, Inc.
Chapter 7
Adv#: 8:18-01004 Kosmala v. First Farmers Bank & Trust Co. et al
#1.00
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; 11-13-19; 5-13-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will approve the stipulation to dismiss this adversary proceeding. CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
C & W Murphy and Associates, Inc. Represented By
9:00 AM
CONT...
C & W Murphy and Associates, Inc.
D Edward Hays
Chapter 7
Defendant(s):
First Farmers Bank & Trust Co. Pro Se
Vohne Liche Kennels, Inc. Represented By Jack I Siegal
VLK Risk Consultants, Inc. Represented By Jack I Siegal
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
8:19-10212
Hill Concrete Structures
Chapter 11
Adv#: 8:19-01144 Hill Concrete Structures et al v. Capital One Bank (USA), N.A.
#2.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Injunction Relief And Declaratory Relief
(Complaint filed 7/11/19)
[Holding Date]
FR: 10-9-19; 2-10-20; 4-22-20; 6-3-2020
Docket 1
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF BANKRUPTCY PROCEDURE RULE 7041 FILED 7/1/2020 - (DOCKET NO. [25])
Tentative Ruling:
- NONE LISTED -
Party Information
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
8:19-11218
US Direct LLC
Chapter 7
Adv#: 8:20-01099 Golden v. Syndimate 2017, LP et al
#3.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Voidable Transfers
(Complaint filed 6/10/2020) FR: 8-26-20
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will issue the following scheduling order:
All discovery shall close on April 30, 2021.
All discovery motions shall be heard before May 31, 2021.
All pretrial motions (except motions in limine) shall be heard before June 30, 2021. Pretrial conference is set for July 14, 2021 at 9:00 a.m.
COURT TO PREPARE ORDER.
9:00 AM
CONT...
Debtor(s):
US Direct LLC
Party Information
Chapter 7
US Direct LLC Pro Se
Defendant(s):
Syndimate 2017, LP Pro Se
Syndimate, LLC Pro Se
Fundomate, Inc. Pro Se
Funders Cloud, LLC Pro Se
Plaintiff(s):
Jeffrey I. Golden Represented By Roye Zur
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
9:00 AM
8:19-12127
Richard J. Kelly
Chapter 7
Adv#: 8:19-01183 Brinks, MD et al v. Kelly
#4.00
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; 12-4-19; 4-22-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Continue status conference to December 2, 2020 at 9:00 a.m. to await the results of mediation. A status report is due November 18, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Richard J. Kelly Represented By
J Scott Williams
9:00 AM
CONT...
Richard J. Kelly
Chapter 7
Defendant(s):
Richard J. Kelly Represented By
J Scott Williams
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 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) Represented By Faye C Rasch
9:00 AM
8:15-12278
Morgan Drexen, Inc.
Chapter 7
#5.00
CONT'D STATUS CONFERENCE Hearing RE: Scheduling And Case Management Conference
(Petition filed 4/30/2015)
[Case tranferred from CB on 7/21/2020]
FR: 6-10-15; 6-24-15; 7-27-15; 1-24-17; 7-25-17; 12-12-17; 6-5-18; 8-14-18;
11-6-18; 2-26-19; 5-7-19; 9-24-19; 12-3-19; 4-7-20; 7-7-20; 9-8-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Per the Trustee's request, the Court will continue the status conference to January 27, 2021 at 9:00 a.m.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Morgan Drexen, Inc. Represented By Paul R Shankman
9:00 AM
CONT...
Trustee(s):
Morgan Drexen, Inc.
Chapter 7
Jeffrey I Golden (TR) Represented By Thomas H Casey Kathleen J McCarthy Reem J Bello
Beth Gaschen
9:00 AM
8:15-12278
Morgan Drexen, Inc.
Chapter 7
Adv#: 8:18-01020 Golden v. Walker et al
#6.00
CONT'D STATUS CONFERENCE Hearing RE: Adversary Complaint For:
Breach Of Fiduciary Duty;
Mismanagement;
Waste Of Corporate Assets; And
Negligence
Jury Trial Demanded (Complaint filed 1/26/2018)
[Another summons was issued on 2/20/18]
[Case transferred from CB on 7/31/2020]
FR: 4-24-18; 5-8-18; 8-14-18; 11-6-18; 2-26-19; 5-7-19; 9-24-19; 10-22-19;
2-25-20; 8-4-20
Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO DISMISS ADVERSARY PROCEEDING ENTERED 8/7/2020 (DOCKET NO. 50)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Morgan Drexen, Inc. Represented By Paul R Shankman
Defendant(s):
David L. Walker Pro Se
Rita Augusta Pro Se
Plaintiff(s):
Jeffrey I Golden Represented By Steven B Sacks
9:00 AM
CONT...
Trustee(s):
Morgan Drexen, Inc.
Chapter 7
Jeffrey I Golden (TR) Represented By Thomas H Casey Kathleen J McCarthy Reem J Bello
Beth Gaschen
9:00 AM
8:19-14714
Meade Instruments Corp.
Chapter 11
#7.00
CONT'D Hearing RE: Scheduling And Case Management Conference (Petition filed 12/4/2019)
[Case transferred from CB on 7/29/2020]
FR: 12-11-19; 12-12-19; 1-29-20; 3-25-20; 6-24-20; advanced from 9-23-20
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with US Trustee guidelines and requirements. The Court will inquire into the status of the Orion claim resolution.
Next status conference: January 20, 2021 at 9:00 a.m. An updated status report is due January 6, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Meade Instruments Corp. Represented By
9:00 AM
CONT...
Meade Instruments Corp.
Robert P Goe
Chapter 11
9:00 AM
8:20-12016
Robert Chester Underwood
Chapter 11
#8.00
STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 Case (Petition filed 7/17/2020)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
The Court will set a deadline of June 30, 2021 for filing a plan and disclosure statement and a deadline of September 30, 2021 for confirming a plan.
Next status conference: February 10, 2021 at 9 a.m. A status report is due January 27, 2021.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Robert Chester Underwood
Chapter 11
Robert Chester Underwood Represented By Michael Jones
9:00 AM
8:20-12027
2724 Ocean Blvd, LLC
Chapter 11
#9.00
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 7/20/2020)
Docket 11
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
The Court will set the bar date at November 30, 2020. Notice of the bar date shall be filed and served on or before September 29, 2020.
Next status conference: January 27, 2021 at 9:00 a.m. An updated status report is due January 13, 2021.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
2724 Ocean Blvd, LLC
Chapter 11
2724 Ocean Blvd, LLC Represented By Jeffrey I Golden
9:00 AM
8:20-12061
2812 Ocean Blvd. LLC, a Texas limited liability co
Chapter 11
#10.00
STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 Case (Petition filed 7/23/2020)
Docket 2
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements. The status report was very helpful.
Next status conference: December 16, 2020 at 9:00 a.m. An updated status report is due December 2, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
2812 Ocean Blvd. LLC, a Texas Represented By Christopher J Langley
9:00 AM
8:19-13904
Kathy D Gorski and Michael A Gorski
Chapter 11
#11.00
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/4/19)
FR: 1-22-20; 5-13-20; 5-18-20; 9-16-20
Docket 15
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with United States Trustee guidelines and requirements.
Next status conference: January 27, 2021 at 9:00 a.m. An updated status report is due January 13, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Kathy D Gorski Represented By
9:00 AM
CONT...
Kathy D Gorski and Michael A Gorski
Andy C Warshaw Arnold H. Wuhrman
Chapter 11
Joint Debtor(s):
Michael A Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
9:00 AM
8:19-11987
Enalasys Corporation
Chapter 11
#12.00
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; 12-11-19; 1-22-20; 5-13-20; 9-16-20
Docket 9
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
Next status conference: February 17, 2021 at 9:00 a.m. An updated status report is due February 3, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Enalasys Corporation Represented By
9:00 AM
CONT...
Enalasys Corporation
Michael Jones Sara Tidd
Chapter 11
9:00 AM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
Adv#: 8:20-01009 Medley Capital Corporation v. Modern VideoFilm, Inc.
#13.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Declaratory Relief
(Complaint filed 1/29/20) FR: 4-15-20, 9-16-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue this Status Conference to February 24, 2021 at 9:00 a.m. to await the results of state court trial and U.S. District Court appeal. An updated status report is due February 7, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
CONT...
Modern VideoFilm, Inc.
Andrew B Levin Peter W Lianides
Chapter 11
Defendant(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Peter W Lianides
Plaintiff(s):
Medley Capital Corporation Represented By Justin E Rawlins
2:00 PM
8:15-15311
Freedom Communications, Inc. and Traci M. Christian
Chapter 11
#1.00
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; 11-13-19; 4-15-20; 9-9-20
Docket 141
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
Next status conference: March 17, 2021 at 9:00 a.m. An updated status report is due March 3, 2021.
COURT TO PREPARE ORDER.
Party Information
2:00 PM
CONT...
Debtor(s):
Freedom Communications, Inc. and Traci M. Christian
Chapter 11
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado Jeffrey W Dulberg
2:00 PM
8:15-15311
Freedom Communications, Inc.
Chapter 11
#2.00
CONT'D Hearing RE: Approval Of First Amended Disclosure Statement For First Amended Joint Chapter 11 Plan Of Liquidation Proposed By Debtors And Official Committee Of Unsecured Creditors
(D.S. filed 6/4/2020) (OST Entered 6-9-2020)
(Amended D.S. filed 8-20-20) FR: 7-15-20, 9-9-20
Docket 1696
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the hearing on the Amended Disclosure Statement to permit proceedings with respect to estimation of the CDTFA's claim to commence and conclude. The hearing is continued to March 17, 2021 at 9:00 a.m.
COURT TO PREPARE ORDER.
Party Information
2:00 PM
CONT...
Debtor(s):
Freedom Communications, Inc.
Chapter 11
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado Jeffrey W Dulberg
2:00 PM
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#3.00
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; 12-4-19; 1-23-20; 2-24-20; 5-6-20; 7-8-20
Docket 10
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into Debtor's compliance with U.S. Trustee guidelines and requirements.
Next status conference: December 16, 2020 at 9:00 a.m. An updated status report is due December 2, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Allan Eli Gindi Represented By
2:00 PM
CONT...
Allan Eli Gindi and Carol June Gindi
Michael G Spector Vicki L Schennum
Chapter 11
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum
Candice Candice Bryner
2:00 PM
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#4.00
Hearing RE: Approval Of Debtors' Second Amended Chapter 11 Plan Of Reorganization
(Second Amended Plan filed 6/5/2020) (Set at D.S. hearing held 7/8/2020)
FR: 9-25-19; 11-5-19; 12-4-19; 1-23-20; 2-24-20; 5-6-20; 7-8-20
Docket 445
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will sustain the objection of Bank of New York Mellon for the reasons stated in the Objection and will deny plan confirmation.
BANK OF NEW YORK MELLON TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Allan Eli Gindi Represented By
2:00 PM
CONT...
Allan Eli Gindi and Carol June Gindi
Michael G Spector Vicki L Schennum
Chapter 11
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum
Candice Candice Bryner
2:00 PM
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#5.00
Hearing RE: Motion to Approved Compromise of Controversy with Strategic Funding Source, Inc.
(Motion filed 9-2-20)
Docket 490
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
DEBTOR-IN-POSSESSION TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum
Joint Debtor(s):
Carol June Gindi Represented By
2:00 PM
CONT...
Allan Eli Gindi and Carol June Gindi
Michael G Spector Vicki L Schennum Candice Candice Bryner
Chapter 11
9:00 AM
6:17-17512
Douglas Craig Woodard
Chapter 7
Adv#: 6:19-01075 Anderson v. Woodard et al
#1.00
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))
(Tele. appr. Melissa Davis, rep. Trustee, Karl Anderson)
(Tele. appr. Michael Spector, rep. Respondent, Douglas C. Woodard/Blithe Partners)
(Cont. from 7/16/20)
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will approve the Stipulation re: Payment, Docket No. 190, filed Sept. 15, 2020 and continue the hearing on the Status Conference to November 19, 2020 at 9:00
9:00 AM
CONT...
a.m.
Douglas Craig Woodard
Chapter 7
COURT TO PREPARE ORDER.
Party Information
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
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
6:17-17512
Douglas Craig Woodard
Chapter 7
Adv#: 6:19-01075 Anderson v. Woodard et al
#2.00
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 8/13/20)
Docket 17
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will approve the Stipulation re: Payment, Docket No. 190, filed Sept. 15, 2020 and continue the hearing on the Motion to Dismiss to November 19, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Douglas Craig Woodard
Chapter 7
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 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
6:17-17512
Douglas Craig Woodard
Chapter 7
#3.00
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 8/13/20)
Docket 130
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will approve the Stipulation re: Payment, Docket No. 190, filed Sept. 15, 2020 and continue the hearing on the Order to Show Cause to November 19, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Douglas Craig Woodard Represented By Michael G Spector
9:00 AM
CONT...
Movant(s):
Douglas Craig Woodard
Chapter 7
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
6:08-14592
Empire Land, LLC
Chapter 7
#1.00
Hrg. on Motion Of Chapter 7 Trustee filed 9/2/20 For An Order Approving The Sale Of Certain Assets Of The Debtors Estates Free And Clear Of Liens, Claims, Interests, And Encumbrances Pursuant To 11 U.S.C. §§ 105 And 363 And Related Relief
Docket 2587
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Empire Land, LLC Represented By James Stang Robert M Saunders
Michael I. Gottfried
------ O'melveny & Myers Dean A Ziehl
2:00 PM
CONT...
Trustee(s):
Empire Land, LLC
Jonathan A Loeb P Sabin Willett
Richard K Diamond (TR) Jeffrey Rosenfeld
Chapter 7
Richard K Diamond (TR) Represented By Michael I. Gottfried
Richard S Berger - INACTIVE - Rodger M. Landau
Richard K Diamond Peter M Bransten Aleksandra Zimonjic Lisa N Nobles
Peter J. Gurfein Paul Hastings Roye Zur
Amy Evans
Best Best & Krieger Franklin C Adams
2:00 PM
6:17-16329
Juan Manuel Pesqueda
Chapter 7
#2.00
Hrg. on trustee's final report and applications for compensation
[Re: John P. Pringle, chapter 7 trustee] [Fees; $4380.98; Expenses; $319.17]
[Re: Roquemore, Pringle & Moore, Inc., attorneys for trustee] [Fees; $24000.00; Expenses; $382.39]
[Hahn Fife & Co. LLP, tax prepare] [Fees; $1000.00: Expenses; $0]
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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
2:00 PM
CONT...
Juan Manuel Pesqueda
Chapter 7
of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of $4,380.98 and expenses in the amount of $319.17.
The compensation is approved as to Trustee's Attorney Roquemore, Pringle, & Moore, with fees in the amount of $24,000.00 and expenses in the amount of $382.39.
The compensation is approved as to Accountants Hahn Fife & Co. LLP, with fees in the amount of $1,000.00 and expenses in the amount of $0.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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
6:19-20081
Edward Rivera and Olivia Rivera
Chapter 7
#3.00
Hrg. on approval of trustee's final report and applications for compensation
[Re: Karl T. Anderson, chapter 7 trustee] [Fees; $670.00; Expenses $31.22)
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
2:00 PM
CONT...
Edward Rivera and Olivia Rivera
Chapter 7
The compensation is approved as to the Trustee, with fees in the amount of $670.00 and expenses in the amount of $31.22.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Edward Rivera Represented By William Radcliffe
Joint Debtor(s):
Olivia Rivera Represented By
William Radcliffe
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
8:18-10324
Alexander Mark Christian Isaly
Chapter 7
Adv#: 8:18-01083 B3 FIT, INC et al v. Isaly
#1.00
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; 12-4-19; 2-19-20; 4-22-20; 7-8-20; 8-12-20
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire whether the form of judgment has been lodged.
Party Information
Debtor(s):
Alexander Mark Christian Isaly Represented By Anthony B Vigil Jeffrey G Jacobs
9:00 AM
CONT...
Alexander Mark Christian Isaly
Chapter 7
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
9:00 AM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01155 Naylor v. Sun et al
#2.00
CONT'D PRE-TRIAL 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) (PTC set at S/C held 7/17/19)
9:00 AM
CONT...
Chester Davenport
Chapter 7
FR: 10-24-18; 3-27-19; 6-19-19; 7-17-19; 4-15-20; 7-15-20; 8-19-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the hearing to November 18, 2020 at 9:00 a.m. to await the BAP's mandate.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Bianca Sun Represented By
Victor S Korechoff Eugene S Fu
Yan Yu Sun Represented By
9:00 AM
CONT...
Chester Davenport
Victor S Korechoff Eugene S Fu
Chapter 7
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:18-13870
Francisco Ramirez Ramirez and Aurora Mendez Barajas
Chapter 13
#3.00
STATUS CONFERENCE Hearing RE: Objection To Proof Of Claim:
Claim No. 3 Investment Consultants, Inc. $163284.01 (Motion filed 3/29/2019]
(Order Entered 9/27/2019)
[Case Transferred from CB on 7/31/2020]
[Case Remanded And Reversed (Docket No. 70)
(S/C set per Order Entered 8/4/2020) FR: 5-9-19; 8-8-19
Docket 39
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue this status conference to January 11, 2021 at 2:00 p.m. An updated status report is due December 28, 2020.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Francisco Ramirez Ramirez and Aurora Mendez Barajas
Chapter 13
Francisco Ramirez Ramirez Represented By
Misty A Perry Isaacson
Joint Debtor(s):
Aurora Mendez Barajas Represented By
Misty A Perry Isaacson
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:19-01167 Complete Business Solutions Group, Inc. v. South Coast Behavioral Health,
#4.00
CONT'D PRE-TRIAL 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]
[Ikhan Capital, LLC AND Bridge Funding Capital, LLC (ONLY) - DISMISSED 7-6-2020 - (docket no. 82]
(Complaint Filed 8/8/19)
(Another Summons issued 11/13/19) FR: 11-6-19; 11-27-19; 1-29-20
Docket 1
*** VACATED *** REASON: ORDER CONTINUING PRE-TRIAL CONFERENCE TO MARCH 8, 2021 AT 2:00 PM ENTERED ON 5/11/20 (DOCKET NO. 72).
Tentative Ruling:
- NONE LISTED -
Party Information
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 Represented By Steven R Fox
Ikhan Capital LLC, Represented By
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Karel G Rocha
Chapter 11
Bridge Funding Capital LLC, Represented By Karel G Rocha
FID Funding Represented By
David B Zolkin
BMF Capital LLC Represented By David B Zolkin
Plaintiff(s):
Complete Business Solutions Group, Represented By
Keith C Owens
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders
2:00 PM
8:15-11256
Sheri Ann Biggs and John Kenneth Biggs
Chapter 13
#1.00
Hearing RE: Status Conference
(Status Conference set per Order Entered 7/31/2020) (Petition filed 3/12/2015)
[Case Transferred from CB on 7/31/2020]
Docket 0
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Sheri Ann Biggs Represented By Scott Dicus
Joint Debtor(s):
John Kenneth Biggs Represented By Scott Dicus
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-11800
Michael Kim
Chapter 13
#2.00
Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 10-8-20
Docket 0
*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING CASE FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED ON 8-10-20. (DOCKET NO. 54).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Michael Kim Represented By
Aaron Berger
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10251
Ralph Q. Quinata and Maria A Quinata
Chapter 13
#3.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 4-9-20; 6-11-20; 7-2-20; 8-13-20; 9-9-20
Docket 40
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Ralph Q. Quinata Represented By Christopher J Langley
Joint Debtor(s):
Maria A Quinata Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-11663
Dung Ngoc Tran
Chapter 13
#4.00
CONT'D Hearing RE: Confirmation of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 8-13-20; 9-9-20
Docket 38
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Dung Ngoc Tran Represented By Phu D Nguyen
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-11858
Rebecca Justice Garcia
Chapter 13
#5.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: Advanced from 9-10-20; 9-9-20
Docket 12
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Rebecca Justice Garcia Represented By Benjamin R Heston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12011
Rosa Maria Dominguez
Chapter 13
#6.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Rosa Maria Dominguez Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12046
Michelle De La Cruz
Chapter 13
#7.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Michelle De La Cruz Represented By Nima S Vokshori
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12109
Christy Celeste Camp Quade and Trever Alan Quade
Chapter 13
#8.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 7
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Christy Celeste Camp Quade Represented By Tate C Casey
Joint Debtor(s):
Trever Alan Quade Represented By Tate C Casey
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12191
Silvia Elena Perez De Lue
Chapter 13
#9.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 23
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Silvia Elena Perez De Lue Represented By Rhonda Walker
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12220
Veronica Mae Duffy
Chapter 13
#10.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Veronica Mae Duffy Represented By Steven A Alpert
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12227
Alvaro Garcia
Chapter 13
#11.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 13
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Alvaro Garcia Represented By Jaime A Cuevas Jr.
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12248
Kenneth E. Hickson
Chapter 13
#12.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 6
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Kenneth E. Hickson Represented By Joseph C Rosenblit
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12255
Fred Carlos Martinez and Dianne Joanne Martinez
Chapter 13
#13.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Fred Carlos Martinez Represented By Andrew Moher
Joint Debtor(s):
Dianne Joanne Martinez Represented By Andrew Moher
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12267
Barbara Goicochea
Chapter 13
#14.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 20
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Barbara Goicochea Represented By Lauren M Foley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:16-10196
Jesse Flores and Patricia Josefa Dorati
Chapter 13
#1.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8/6/2020)
(Set per notice filed 8-20-20)
[Case transferred from CB on 7/31/2020]
Docket 92
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Deny motion to dismiss and grant motion to modify plan on the terms and conditions specified by the Chapter 13 Trustee.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Jesse Flores Represented By
Carey C Pickford
3:00 PM
CONT...
Jesse Flores and Patricia Josefa Dorati
Chapter 13
Joint Debtor(s):
Patricia Josefa Dorati Represented By Carey C Pickford
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:16-14940
Blanca Burgos
Chapter 13
#2.00
Hearing RE: Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 8/4/2020)
Docket 70
*** VACATED *** REASON: OFF CALENDAR - VOLUNTARY DISMISSAL OF MOTION FILED 9-23-20 (DOCKET NO. 75).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Blanca Burgos Represented By Todd L Turoci
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:17-10810
Robert Popplewell
Chapter 13
#3.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8/6/2020)
(Set per opposition and notice filed 8/12/20)
Docket 131
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 9-28-20 (DOCKET NO. 148).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Robert Popplewell Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:17-12551
Kevin Stevenson
Chapter 13
#4.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8/4/2020)
(Set per opposition and notice filed 8/12/20)
Docket 28
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 9-28-20 (DOCKET NO. 39).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Kevin Stevenson Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:17-12792
Abel Mercado
Chapter 13
#5.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))
(Motion filed 8-6-20)
(Set per opposition and notice filed 8-31-20) [Case transferred from CB on 7/31/2020]
Docket 86
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the Motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Abel Mercado Represented By Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT...
Abel Mercado
Chapter 13
3:00 PM
8:17-13058
Monica Lin Mathers
Chapter 13
#6.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8/6/2020)
(Set per notice filed 8-20-20)
Docket 68
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 9-28-20 (DOCKET NO. 78).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Monica Lin Mathers Represented By Justin D Irish
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:17-14686
Ernesto Gonzalez
Chapter 13
#7.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8/6/2020)
(Set per opposition filed 8-25-20)
[Case transferred from CB on 7/31/2020]
Docket 63
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Deny motion to dismiss and grant the motion to modify plan on the terms and conditions specified by the Chapter 13 Trustee.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Ernesto Gonzalez Represented By Michael D Franco
3:00 PM
CONT...
Trustee(s):
Ernesto Gonzalez
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:18-10139
Ralph Richard Encinas
Chapter 13
#8.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8/6/2020)
(Set per opposition filed 8-20-20)
[Case transferred from CB on 7/31/2020]
Docket 63
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the Motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Ralph Richard Encinas Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:18-11797
Teresa Ruiz
Chapter 13
#9.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8-7-20)
(Set per opposition filed 8-19-20)
Docket 49
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the Motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Teresa Ruiz Represented By
Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:18-13760
Juana Pierda Mondragon
Chapter 13
#10.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8-7-20)
(Set per opposition and notice filed 8-20-20)
Docket 112
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the Motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Juana Pierda Mondragon Represented By Bryn C Deb
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:18-14072
Francisco Javier Andrade
Chapter 13
#11.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8/7/2020)
(Set per opposition filed 8-25-20)
[Case transferred from CB on 7/31/2020]
Docket 53
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the Motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Francisco Javier Andrade Represented By Michael D Franco
3:00 PM
CONT...
Trustee(s):
Francisco Javier Andrade
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:18-14189
Robert Matthew Coburn and Sharon Ann Young
Chapter 13
#12.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8/7/2020)
(Set per notice of hearing filed 9/2/20)
Docket 63
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the Motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Robert Matthew Coburn Represented By Heather J Canning Michael E Clark
3:00 PM
CONT...
Robert Matthew Coburn and Sharon Ann Young
Chapter 13
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
8:18-14190
Marsha Ann Daguio
Chapter 13
#13.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8-7-20)
(Set per Notice and Opposition filed 8-20-20) [Case transferred from CB on 7/31/2020]
Docket 52
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Deny motion to dismiss and grant the motion to modify on the terms and conditions specified by the Chapter 13 Trustee.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Marsha Ann Daguio Represented By Christopher J Langley
3:00 PM
CONT...
Trustee(s):
Marsha Ann Daguio
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-10670
Edgar Sebastian Vazquez and Ligia Vazquez
Chapter 13
#14.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8/7/2020)
(Set per opposition filed 8-19-20)
Docket 76
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the Motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Edgar Sebastian Vazquez Represented By Christopher J Langley
Joint Debtor(s):
Ligia Vazquez Represented By
3:00 PM
CONT...
Trustee(s):
Edgar Sebastian Vazquez and Ligia Vazquez
Christopher J Langley
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-10737
Carlos Ernesto Herrera and Edna Lilian Velado
Chapter 13
#15.00
Hearing RE: Motion under Local Bankruptcy Rule 3015-1 (n) And (w) To Modify Plan Or Suspend Plan Payments
(Motion filed 8-11-20)
(Set per notice of hearing filed 8-26-20) [Case transferred from CB on 7/31/2020]
Docket 68
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire of the Trustee regarding his response to the Debtors' amended response, Docket No. 74, filed September 25, 2020.
Party Information
Debtor(s):
Carlos Ernesto Herrera Represented By Norma Duenas
Joint Debtor(s):
Edna Lilian Velado Represented By Norma Duenas
3:00 PM
CONT...
Trustee(s):
Carlos Ernesto Herrera and Edna Lilian Velado
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-11109
Matthew Dubois
Chapter 13
#16.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8/7/2020)
(Set per opposition and notice filed 8/19/20)
Docket 81
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 9-28-20 (DOCKET NO. 95).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Matthew Dubois Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-11195
Kevin John McCarthy
Chapter 13
#17.00
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c)) failure to make plan payments. (Motion filed 8/7/2020)
(opposition filed 8/28/2020)
Docket 48
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 9-28-20 (DOCKET NO. 57).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Kevin John McCarthy Represented By Anthony B Vigil
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-11454
Laura Jean Holloway
Chapter 13
#18.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8-7-20)
(Set per opposition filed 8-24-20)
Docket 50
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FOR ORDER DISMISSING CHAPTER 13 (11 U.S.C. - 1307(C)) FILED 8/31/2020 dkt. no. [54]
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Laura Jean Holloway Represented By Anthony B Vigil
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-11618
Jody Hamlin
Chapter 13
#19.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding [11 U.S.C.-1307(c)]
(Motion filed 8-7-20)
[Set per notice filed 8-18-20]
[Case transferred from CB on 7/31/2020]
Docket 54
*** VACATED *** REASON: OFF CALENDAR - CASE CONVERTED TO CHAPTER 7 ON 9/29/20 (DOCKET NO. 60).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Jody Hamlin Represented By
Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-11657
Paul Castelli
Chapter 13
#20.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8-7-20)
(Set Per Opposition filed 8-31-20)
[Case transferred from CB on 7/31/2020]
Docket 40
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire of the Trustee whether the Debtor is now current on the plan or whether he intends to oppose the related motion to modify the plan in this case.
Party Information
Debtor(s):
Paul Castelli Represented By
Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-11790
Felisa Eugenia Harris-Mitchell
Chapter 13
#21.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8/7/2020)
(Set per opposition filed 8-21-20)
[Case transferred from CB on 7/31/2020]
Docket 39
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Grant motion on terms approved by the Chapter 13 Trustee. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Felisa Eugenia Harris-Mitchell Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT...
Felisa Eugenia Harris-Mitchell
Chapter 13
3:00 PM
8:19-12205
Beth Marie Aitchison
Chapter 13
#22.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding [11 U.S.C.-1307(c)]
(Motion filed 8-7-20)
(Set per opposition filed 8-21-20)
[Case transferred from CB on 7/31/2020]
Docket 53
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the Motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Beth Marie Aitchison Represented By Christopher J Langley
3:00 PM
CONT...
Trustee(s):
Beth Marie Aitchison
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-12783
Donald Louis Pearce
Chapter 13
#23.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8/7/2020)
(Set per notice filed 8-20-20)
Docket 36
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 9-29-20 (DOCKET NO. 44).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Donald Louis Pearce Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-12966
Jose Louis Morales
Chapter 13
#24.00
Hearing RE: Chapter 13 Trustees Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))
(Motion filed 8/7/2020) (opposition filed 8/7/2020)
Docket 51
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 9-28-20 (DOCKET NO. 60).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Jose Louis Morales Represented By Anthony B Vigil
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-14867
Mien Van Le and Denise Phuong Nguyen
Chapter 13
#25.00
Hearing RE: Objection To Proof Of Claim: (Motion filed 8/25/20)
[Case transferred from CB on 7/31/2020]
Claim No. 13 Charlie K. Pak $4,824.01
Docket 59
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Debtor's reply to the Opposition shows that Creditor Michael J. Wade received abundent notice regarding this case, including but not limited to conversion of the case to chapter 13. The Objection is sustained, and Mr. Wade's claim is disallowed in its entirety.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Mien Van Le Represented By
Sunita N Sood
3:00 PM
CONT...
Mien Van Le and Denise Phuong Nguyen
Chapter 13
Joint Debtor(s):
Denise Phuong Nguyen Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-14867
Mien Van Le and Denise Phuong Nguyen
Chapter 13
#26.00
Hearing RE: Objection To Proof Of Claim: (Motion filed 8/25/20)
[Case transferred from CB on 7/31/2020]
Claim No. 14 Jonathan Brown $7,220.94
Docket 61
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Debtor's reply to the Opposition shows that Creditor Michael J. Wade received abundent notice regarding this case, including but not limited to conversion of the case to chapter 13. The Objection is sustained, and Mr. Wade's claim is disallowed in its entirety.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Mien Van Le Represented By
3:00 PM
CONT...
Mien Van Le and Denise Phuong Nguyen
Sunita N Sood
Chapter 13
Joint Debtor(s):
Denise Phuong Nguyen Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-14867
Mien Van Le and Denise Phuong Nguyen
Chapter 13
#27.00
Hearing RE: Objection To Proof Of Claim: (Motion filed 8/25/20)
[Case transferred from CB on 7/31/2020]
Claim No. 15 Michael J. Wade $9,294.71
Docket 63
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Debtor's reply to the Opposition shows that Creditor Michael J. Wade received abundent notice regarding this case, including but not limited to conversion of the case to chapter 13. The Objection is sustained, and Mr. Wade's claim is disallowed in its entirety.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Mien Van Le Represented By
3:00 PM
CONT...
Mien Van Le and Denise Phuong Nguyen
Sunita N Sood
Chapter 13
Joint Debtor(s):
Denise Phuong Nguyen Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:20-10003
Martin Folch
Chapter 13
#28.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8/7/2020)
(Set per opposition filed 8-24-20)
Docket 29
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 9-30-20 (DOCKET NO. 43).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Martin Folch Represented By
Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-13588
Raymond Coleman Mathews and Sheryl Lyn Mathews
Chapter 13
#29.00
CONT Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))
(Motion filed 8-7-20)
(Set per notice and opposition filed 8-21-20) [Case transferred from CB on 7/31/2020]
FR: 9-9-20
Docket 33
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 9-30-20 (DOCKET NO. 40)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Raymond Coleman Mathews Represented By
Raj T Wadhwani
Joint Debtor(s):
Sheryl Lyn Mathews Represented By
Raj T Wadhwani
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-13894
Jordan Elijah Jaussi
Chapter 13
#30.00
CONT Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))
(Motion filed 8-7-20)
(Set per opposition filed 8-21-20)
[Case transferred from CB on 7/31/2020]
FR: 9-9-20
Docket 36
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 9-30-20 (DOCKET NO. 46).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Jordan Elijah Jaussi Represented By
D Justin Harelik
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:15-13420
Rene Guillen and Rocio Perez Guillen
Chapter 13
#31.00
CONT'D Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 2/3/2020)
[Case transferred from CB on 7/31/2020]
FR: 3-12-20; 4-9-20; 6-11-20; 8-13-20; 9-9-20
Docket 97
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant the motion to modify if the Debtors accept the Chapter 13 Trustee's terms and conditions. If such acceptance occurs, the Court will deny the motion to dismiss.
Party Information
Debtor(s):
Rene Guillen Represented By
Nicholas M Wajda
3:00 PM
CONT...
Rene Guillen and Rocio Perez Guillen
Chapter 13
Joint Debtor(s):
Rocio Perez Guillen Represented By Nicholas M Wajda
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:15-13397
Jessica Amabilia Morales
Chapter 13
#32.00
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding
[11 U.S.C. 1307(c)(6)]
[Case transferred from CB on 7/31/2020]
FR: 3-12-20; 4-9-20; 6-11-20; 7-2-20; 8-13-20; 9-9-20
Docket 91
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF TRUSTEE'S MOTION FILED 9-24-20 (DOCKET NO. 118).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Jessica Amabilia Morales Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:20-10941
Angelica S. Vasquez and David Vasquez
Chapter 13
#33.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 9/2/2020)
(Set per notice and opposition filed 9-14-20)
(Case transferred from CB on 7-31-20)
Docket 29
*** VACATED *** REASON: OFF CALENDAR - CASE CONVERTED TO CHAPTER 7 ON 10-4-20 (DOCKET NO. 36).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Angelica S. Vasquez Represented By Amanda G Billyard
Joint Debtor(s):
David Vasquez Represented By Amanda G Billyard
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:16-13594
Cesar C Galaviz
Chapter 13
#34.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 9/2/2020)
(Set per notice and opposition filed 9-16-20)
Docket 57
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 9-30-20 (DOCKET NO. 60)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Cesar C Galaviz Represented By Lionel E Giron
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
6:19-14525
Randolph Collaso
Chapter 7
Adv#: 6:19-01118 SAEEDY v. Collaso
#1.00
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))
(Cont from 5/7/20)
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will issue the following scheduling order:
All discovery shall close on April 30, 2021.
All discovery motions shall be heard before May 31, 2021.
The Court will set a status conference for June 22, 2021 at 9:00 a.m.
COURT TO PREPARE ORDER.
9:00 AM
CONT...
Debtor(s):
Randolph Collaso
Party Information
Chapter 7
Randolph Collaso Represented By Richard G Heston
Defendant(s):
Randolph Collaso Represented By Richard G Heston
Plaintiff(s):
LYDA SAEEDY Represented By Michael Jones
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
6:19-18367
Affordable Auto Repair, Inc.
Chapter 11
#2.00
Hrg. on Chapter 11 Status Conference (Cont. from 7/2/20)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with United States Trustee guidelines and requirements.
Next status conference: November 9, 2020 at 2 p.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Affordable Auto Repair, Inc. Represented By Michael Jones
9:00 AM
6:20-14295
LCF LABS INC.
Chapter 11
#3.00
Hrg. on Chapter 11 Status Conference (Cont. from 8/13/20)
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to October 22, 2020 at 9 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
LCF LABS INC. Represented By Neil C Evans
9:00 AM
CONT...
Trustee(s):
LCF LABS INC.
Chapter 11
Arturo Cisneros (TR) Pro Se
10:00 AM
6:20-13495
Jatisha Lawan Purnell
Chapter 7
#1.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $31,323.65
Re: 2017 Toyota Sienna
(Cont. by Court's order entered on 8/31/20)
Docket 16
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Jatisha Lawan Purnell Pro Se
10:00 AM
CONT...
Trustee(s):
Jatisha Lawan Purnell
Chapter 7
Steven M Speier (TR) Pro Se
10:00 AM
6:20-13852
Rasim Gutic and Lina Hekmat Azzam
Chapter 7
#2.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and BB&T Now Truist in the amount of $6810.22
Re: 2014 Chrysler Town and Country (Cont. from 9/17/20)
Docket 23
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Rasim Gutic Pro Se
10:00 AM
CONT...
Rasim Gutic and Lina Hekmat Azzam
Chapter 7
Joint Debtor(s):
Lina Hekmat Azzam Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
6:20-14238
Arthur L. Lopez, Jr. and Veronica Lopez
Chapter 7
#3.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and Balboa Thrift & Loan in the amount of $10,961.56
Re: 2016 Scion
Docket 17
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Arthur L. Lopez Jr. Represented By Tina H Trinh
Joint Debtor(s):
Veronica Lopez Represented By
10:00 AM
CONT...
Trustee(s):
Arthur L. Lopez, Jr. and Veronica Lopez
Tina H Trinh
Chapter 7
Larry D Simons (TR) Pro Se
10:00 AM
6:20-14238
Arthur L. Lopez, Jr. and Veronica Lopez
Chapter 7
#4.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and American Honda Finance Corporation, in the amount of $17,695.40
Re: 2017 Honda Accord
Docket 23
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Arthur L. Lopez Jr. Represented By Tina H Trinh
Joint Debtor(s):
Veronica Lopez Represented By
10:00 AM
CONT...
Trustee(s):
Arthur L. Lopez, Jr. and Veronica Lopez
Tina H Trinh
Chapter 7
Larry D Simons (TR) Pro Se
10:00 AM
6:20-14396
Jose Omar Vasquez Solis
Chapter 7
#5.00
Hrg. on approval of Reaffirmation Agreement filed 8/5/20 Between Debtor and LBS Financial Credit Union, in the amount of $ 5,998.79
Re: 2013 Honda Accord
Docket 8
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will approve if: (1) the vehicle is insured, (2) the loan is current, and (3) the Debtor is comfortable that they can make all the remaining payments on the loan.
Party Information
Debtor(s):
Jose Omar Vasquez Solis Represented By Lauren M Foley
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
6:20-14656
Brianna Madrid
Chapter 7
#6.00
Hrg. on Approval of Reaffirmation Agreement Between Debtor and CarFinance Capital in the amount of $14,279.56
Re: 2017 Chevrolet Cruz
(Cont. from 9/17/20)
Docket 9
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Brianna Madrid Pro Se
10:00 AM
CONT...
Trustee(s):
Brianna Madrid
Chapter 7
Howard B Grobstein (TR) Pro Se
10:00 AM
6:20-14898
Ronald Nelson
Chapter 7
#7.00
Hrg. on approval of Reaffirmation Agreement filed 8/3/20 Between Debtor and Altura Credit Union, in the amount of $ 962.98
Re: 2017 Harley Davidson
Docket 10
*** VACATED *** REASON: Withdrawal of Reaffimation filed by Debtor on 9/11/20 (doc. 15) - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Ronald Nelson Represented By
C Scott Rudibaugh
Trustee(s):
Karl T Anderson (TR) Pro Se
Tuesday, October 13, 2020
Hearing Room
225
2:00 PM
6:19-16545
DDI Distribution of California LLC
Chapter 7
#1.00
Hrg. on Debtor's Motion for Turnover of Property of Debtor's Ongoing Business Operations and Premises, or Alternatively, Directing Turnover of All Accounting Records and Payment of All Net Profits of the Debtor to the Trustee Since the Petition Date
(Cont. from 9/8/20)
(Tele. appr. Brandon Iskander, rep. trustee, Lynda Bui) (Tele. appr. Donna Puyot, rep. plaintiff)
Docket 37
*** VACATED *** REASON: Cont. to 11/17/20 @ 9:00 a.m. by order entered on 10/9/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
DDI Distribution of California LLC Represented By
Mark E Brenner
Movant(s):
Lynda T. Bui (TR) Represented By Brandon J Iskander
Trustee(s):
Lynda T. Bui (TR) Represented By Brandon J Iskander
9:00 AM
8:18-11979
Jose Mella Ramin, Jr. and Marivic Aparato Ramin
Chapter 13
#1.00
CONT'D Motion for relief from stay [Real Property]
HSBC Bank USA, N.A., As Trustee For the Registered Holders Of Nomura Home Equity Loan, Inc., Asset-Backed Certificates, Series 2006-HE1 vs.
DEBTORS
(Motion filed 8/6/2020)
[RE: 3042 Zimmerman Place, Tustin, California 92782]
FR: 9-21-20
[Tele. appr., Sean Ferry, repr., HSBC Bank USA, Creditor]
Docket 47
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire whether the loan is now current and is in good standing.
Party Information
9:00 AM
CONT...
Debtor(s):
Jose Mella Ramin, Jr. and Marivic Aparato Ramin
Chapter 13
Jose Mella Ramin Jr. Represented By John Asuncion
Joint Debtor(s):
Marivic Aparato Ramin Represented By John Asuncion
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:18-14203
Pacific Foods & Distribution, Inc.
Chapter 7
#2.00
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Tiffany Haile vs. DEBTOR (Motion filed 8-27-20)
[RE: Case Name: Tiffany Haile v. Oscar Garcia Gonzalez, et al.] [Docket Number: 19STCV45741]
[Pending In: Superior Court Of California, County Of Los Angeles - Stanley Mosk Courthouse]
[Tele. appr., Thomas Willford, repr., Tiffany Haile, Claimant]
Docket 133
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed in the non-bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. Movant shall not enforce its final judgment against the debtor or property of the estate, except by filing a proof of claim in this bankruptcy case pursuant to 11 U.S.C.
§ 501 and/or a complaint to determine the nondischargeability of the debt.
9:00 AM
CONT...
Pacific Foods & Distribution, Inc.
Chapter 7
Cause exists for relief under 11 U.S.C. § 362(d)(1) because the claims at issue arise under non-bankruptcy law and can be most expeditiously resolved in the non- bankruptcy forum.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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
8:19-14837
Steven George Schultz
Chapter 13
#3.00
CONT'D Motion for relief from stay [Real Property]
Wells Fargo Bank, National Association As Trustee For Option One Mortgage Loan Trust 2007-6, Asset-Backed Certificates, Series 2007-6 vs DEBTOR (Motion filed 8/7/2020)
[RE: 17160 Santa Suzanne Street, Fountain Valley, CA 92708]
FR: 9-21-20
[Tele. appr., Sean Ferry, repr., Wells Fargo Bank, N.A., Creditor]
Docket 61
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the status of an APO stipulation.
Party Information
Debtor(s):
Steven George Schultz Represented By
9:00 AM
CONT...
Trustee(s):
Steven George Schultz
Sunjay Bhatia
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-10048
Jenna Lee Lombardo
Chapter 7
#4.00
Motion for relief from stay [Personal Property]
Capital One Auto Finance, a division of Capital One, N.A. vs DEBTOR (Motion filed 9-17-20)
[RE: 2014 Honda CR-V LX Sport Utility 4D VIN No: 2KHRM3H39EH549394]
Docket 25
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
Jenna Lee Lombardo
Party Information
Chapter 7
Jenna Lee Lombardo Represented By Angela Mestre
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
8:20-11178
Jason Michael Brennan
Chapter 7
#5.00
Motion for relief from stay [Real Property]
Nationstar Mortgage LLC d/b/a Mr. Cooper vs DEBTOR (Motion filed 8/24/20)
[RE: 1071 South Hanlon Way, Anaheim, CA 92808]
[Tele. appr., Sonia Plesset Edwards, repr., Nationstar Mortgage, Creditor]
Docket 45
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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 the 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 real property has a value that is less than the value of the perfected deed of trust or mortgage in favor of the movant. The court finds there is no equity and there is no evidence that the trustee can administer the subject real property for the benefit of creditors.
9:00 AM
CONT...
Jason Michael Brennan
Chapter 7
The movant may contact the debtor to comply with California Civil Code § 2923.5. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Jason Michael Brennan Represented By Gary Polston
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
8:20-12211
Rushelle A Summers
Chapter 7
#6.00
Motion for relief from stay [Personal Property]
Kinecta Federal Credit Union vs DEBTOR (Motion filed 9-21-20)
[RE: 2013 Ford Taurus, VIN No.: 1FAHP2E85DG191362]
Docket 18
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
Rushelle A Summers
Party Information
Chapter 7
Rushelle A Summers Represented By Paul C Nguyen
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:20-12462
Jae Jg Park
Chapter 7
#7.00
Motion for relief from stay [Personal Property]
Daimler Trust vs DEBTOR (Motion filed 9/18/20)
[RE: 2018 Mercedes-Benz GLC300W, VIN No.: WDC0G4JBXJV086709]
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Debtor(s):
Jae Jg Park
Party Information
Chapter 7
Jae Jg Park Represented By
Andrew S Cho
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
8:20-12559
Auld Dubliner Tustin, LLC
Chapter 7
#8.00
Motion for relief from stay [Unlawful Detainer]
VESTAR/KIMCO Tustin, L.P., a California Limited Partnership vs DEBTOR (Motion filed 9-16-20)
[RE: 2497 Park Avenue, Tustin, CA 92782]
[Tele. appr., Ronald K. Brown Jr., repr., VESTAR/KIMCO Trustin, LP, Creditor]
Docket 3
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Auld Dubliner Tustin, LLC
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Auld Dubliner Tustin, LLC Represented By David Wood
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
8:20-12654
Mary Fausto
Chapter 13
#9.00
Motion for relief from stay [Real Property]
Ajax Mortgage Loan Trust 2019-E, Mortgage-Backed Securities, Series 2019-E, by U.S. Bank N.A., as Indenture Trustee, its sucessors and/or assigns vs DEBTOR
(Motion filed 9-24-20)
[RE: 2701 W California St, Santa Ana, CA 92704-4019]
[Tele. appr., George Panagiotou, repr., Mary Fausto, Debtor] [Tele. appr., Renee M. Parker, repr., Ajax Mortage, Creditor]
Docket 6
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court determines that the filing of the petition was a part of a scheme to hinder, delay, or defraud creditors that involved multiple bankruptcy filings affecting the subject real property, namely, four petitions filed within the past year, with three cases dismissed.
9:00 AM
CONT...
Mary Fausto
Chapter 13
The Court therefore grants relief from stay pusuant to 11 U.S.C. § 362(d)(4). The Court determines that Debtor is a borrower under the California Civil Code.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Mary Fausto Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-12098
Kevin Robert Yutkins
Chapter 7
#10.00
Motion for relief from stay [Personal Property]
BMW Bank of North America vs DEBTOR (Motion filed 9-28-20)
[RE: 2013 BMW M5 Sedan 4D VIN No: WBSFV9C5XDC774051]
Docket 10
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Kevin Robert Yutkins
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Kevin Robert Yutkins Represented By Kevin J Kunde
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
8:19-13374
Martha S Adair
Chapter 11
#1.00
Hearing RE: Debtor's Objection to Paid And/Or Claims That Have Been Amended
(Motion filed 9-18-20)
Claim No. 1-1: County of Orange
$52,117.45(Secured)/$1,220.75(Unsecured)
Claim No. 2-1: Department of Treasury IRS
$68,962.01(Secured)/$234,937.32(Unsecured)
Claim No. 5-1: Toyota Motor Credit Corporation
$24,787.38(Secured)
Claim No. 8-1: Steve P Lancaste,Trustee of the Steven P & Marsha L. Lancaster Family Trust dated 5/18/90
$177,8887.50(Secured)
Claim No. 9-1: Steve B Schwartz and Linda C Schawrtz Trustees
$645,781.25(Secured)
Claim No. 10-1: Steve B Schwartz and Linda C Schawrtz Trustee of the S&L Schwartz Revocable Trust U/A
$359,748.75(Secured)
Claim No. 11-1: County of Orange
$40,806.38(Secured)/$1,304.33(Unsecured)
Docket 126
Tentative Ruling:
2:00 PM
CONT...
Martha S Adair
Chapter 11
TELEPHONIC APPEARANCES REQUIRED.
The Court determines, based upon Docket No. 133, filed October 12, 2020, that Claim 1-1 is disallowed as a superseded claim and that Claim 11-1 was paid in full. The Court grants the balance of the Debtor's Claim Objections and grants the relief sought by the Objection as to Claim No. 2-1, Claim 3-1, Claim 8-1, Claim 9-1, and Claim
10-1.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Martha S Adair Represented By Richard H Golubow
2:00 PM
8:19-14127
John Alan Stacey and Kathleen Lee Stacey
Chapter 11
#2.00
Hearing RE: First and Final Application for Allowance of Fees and Costs For The Period From 10/22/2019 Through 9/21/2020
(Motion filed 9-21-10)
[RE: Marshack Hays LLP - General Counsel] [Fee: $49,771.00, Expenses: $4,365.95]
[Tele. appr., Michael Hauser, repr., U.S. Trustee]
Docket 95
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Grant and allow on a final basis:
Attorney's fees to Marshack Hays: $49,771.00. Costs to Marshack Hays: $4,365.95.
Up to $5,000.00 to cover expenses incurred between the date of the final fee application and the case's dismissal.
MARSHACK HAYS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
2:00 PM
CONT...
Debtor(s):
John Alan Stacey and Kathleen Lee Stacey
Party Information
Chapter 11
John Alan Stacey Represented By Richard A Marshack David Wood
Bert Briones
Joint Debtor(s):
Kathleen Lee Stacey Represented By Richard A Marshack David Wood
Bert Briones
2:00 PM
8:19-14127
John Alan Stacey and Kathleen Lee Stacey
Chapter 11
#3.00
Hearing RE: First and Final Application For Allowance Of Fees And Costs For The Period From 10/22/2019 Through 9/21/2020
(Motion filed 9/21/20)
[RE: Red Hill Law Group - Special Counsel] [Fee: $10,962.00, Expenses: $0.00]
Docket 99
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Grant and allow of a final basis:
Red Hill Law Group attorney's fees: $10,962.00. Red Hill Law Group expenses: $0.00.
RED HILL LAW GROUP TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
John Alan Stacey Represented By
2:00 PM
CONT...
John Alan Stacey and Kathleen Lee Stacey
Richard A Marshack David Wood
Bert Briones
Chapter 11
Joint Debtor(s):
Kathleen Lee Stacey Represented By Richard A Marshack David Wood
Bert Briones
2:00 PM
8:19-14127
John Alan Stacey and Kathleen Lee Stacey
Chapter 11
#4.00
Hearing RE: First And Final Application For Compensation And Reimbursement Of Expenses For The Period From 11/23/2019 Through 9/3/2020
(Application filed 9-21-20)
[RE: Grobstein Teeple, LLP - Financial Advisors] [Fee: $15,000.00, Expenses: $11.50]
Docket 94
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Grant and allow on a final basis:
Grobstein Teeple fees: $15,000.00. Expenses: $0.00.
GROBSTEIN TEEPLE OR MARSHACK HAYS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
John Alan Stacey Represented By
2:00 PM
CONT...
John Alan Stacey and Kathleen Lee Stacey
Richard A Marshack David Wood
Bert Briones
Chapter 11
Joint Debtor(s):
Kathleen Lee Stacey Represented By Richard A Marshack David Wood
Bert Briones
2:00 PM
8:19-14127
John Alan Stacey and Kathleen Lee Stacey
Chapter 11
#5.00
Hearing RE: Motion by Debtors-in-Possession for Order: (1) To Pay Administrative, Priority, and Unsecured Creditors in Full; and (2) Dismiss Bankruptcy Case
(Motion filed 9-21-20)
Docket 97
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
DEBTOR-IN-POSSESSION TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
John Alan Stacey Represented By Richard A Marshack David Wood
Bert Briones
2:00 PM
CONT...
John Alan Stacey and Kathleen Lee Stacey
Chapter 11
Joint Debtor(s):
Kathleen Lee Stacey Represented By Richard A Marshack David Wood
Bert Briones
2:00 PM
8:20-11588
Veronica Kilada
Chapter 7
#6.00
Hearing RE: Application of the Chapter 7 Trustee to Employ General Counsel (Law Office of Thomas H. Casey, Inc., a Professional Corporation Effective August 26, 2020)
(Motion filed 9-8-20)
(Opposition filed 9-19-20)
(Set per notice of hearing filed 9-22-20)
[Tele. appr., Onyinye N. Anyama, repr., Veronica Kilada, Debtor] [Tele. appr., Thomas H. Casey, repr., Karen Sue Naylor, Trustee] [Tele. appr., Arash Shirdel, repr., Fady Kilada]
Docket 28
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Having set a hearing on Debtor's motion to convert to chapter 13 for October 19, 2020 at 2:00 p.m. the Court will continue the hearing on the employment application to November 2, 2020 at 2:00 p.m.
COURT TO PREPARE ORDER.
2:00 PM
CONT...
Debtor(s):
Veronica Kilada
Party Information
Chapter 7
Veronica Kilada Represented By Onyinye N Anyama
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
2:00 PM
8:20-11588
Veronica Kilada
Chapter 7
#7.00
Hearing RE: Debtor's Motion to Convert Case From Chapter 7 to 13 (Motion filed 9-4-20)
(Opposition filed 9-17-20) (Set per notice filed 9-17-20)
[Tele. appr., Onyinye N. Anyama, repr., Veronica Kilada, Debtor] [Tele. appr., Thomas H. Casey, repr., Karen Sue Naylor, Trustee] [Tele. appr., Arash Shirdel, repr., Fady Kilada]
Docket 25
Tentative Ruling:
APPEARANCES REQUIRED.
Chapter 7 debtor Veronica Kilada ("Debtor") has moved to convert her case from chapter 7 to chapter 13 (the "Motion"). Chapter 7 trustee Karen Sue Naylor (the "Trustee") opposes the Motion, arguing that the Motion is brought in bad faith. As evidence of bad faith, the Trustee cites Debtor’s reference in the schedules and statement of affairs to a stipulation in family law court, arguing that the reference
2:00 PM
CONT...
Veronica Kilada
Chapter 7
gives the impression that a California family law court had already approved the stipulation, whereas in fact it had not done so. The Trustee also argues that the Debtor failed to disclose a $151,319 transfer to her husband.
The Trustee’s arguments lack merit. The stipulation that the Trustee relies upon so heavily in attempting to show bad faith is listed on page 40 of Exhibit 3 to the Trustee’s opposition. This is also line 34 on page 5 of Schedule A/B (Property). Line 34 asks for an itemization of contingent assets. The box is checked "Yes" and the answer states: "Stipulated Judgment re Dissolution of Marriage: Spousal Support Final and full lump sum $18,000 End Equalization payment of $24,281.57 plus
$5,000" for a total of $47,281.57. Because the asset is listed as contingent in nature, a reasonable reading of line 34 is that the stipulation has not yet been finalized or has not yet been approved by a family law court. If the stipulation had been approved and judgment entered thereon by the family law court, the asset would no longer be contingent and it would be improper to list it as contingent in line 34. Debtor’s reporting of the stipulation on the schedules, far from being inaccurate or misleading or a sign of "bad faith," is accurate and correct.
The Court is satisfied that the other evidence of supposed "bad faith" adduced by the Trustee merely is a case where errors made without any intention to deceive or defraud.
The Trustee also argues that the Debtor lacks the income to fund a chapter 13 plan. But on the other hand, the Trustee is arguing that she will have enough money in the estate to pay unsecured creditors 100 percent of their claims. If the Trustee can use estate principal (i.e., non-income assets) to pay creditors, so can the Debtor.
Nowhere is it written in chapter 13 that all payments to creditors must come entirely from a debtor’s income. Additionally, the amount of a person’s income derived during the nation’s worst pandemic in a century is not necessarily a good guide to what such person’s income may be over the next five years. For these reasons, the Trustee’s argument that converting the case to chapter 13 "appears to
2:00 PM
CONT...
Veronica Kilada
Chapter 7
be an exercise in futility" is not sound.
The Court determines that the Debtor should be given a fair opportunity to confirm a plan in Chapter 13. If that effort fails, the Court likely will convert the case back to chapter rather than merely dismiss it.
The Motion is denied with prejudice.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Veronica Kilada Represented By Onyinye N Anyama
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
2:00 PM
8:11-20448
Yan Sui
Chapter 7
#8.00
Hearing RE: Motion To Stay Order Pending Appeal (Motion filed 9-15-20)
[Tele. appr., Thomas N. Jacobson, repr., Orange County Realtors] [Tele. appr., Dennette A Mulvaney, repr., Paul M. Krusey]
[Tele. appr., Yan Sui, repr., Pro Per]
Docket 636
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will deny the Motion. The Motion is filed in the main bankruptcy case, not in any adversary proceeding (there is no evidence of a pending adversary proceeding in this matter). As the motion itself states, injunctive relief may be sought only as a provisional remedy only in an adversary proceeding, not in the main bankruptcy case itself. CBR 7065-1(9).
For that portion of the Motion seeking a stay pending appeal is denied on the ground that Mr. Sui has failed to make a sufficient showing as to what, if anything, a stay pending appeal would accomplish.
2:00 PM
CONT...
Yan Sui
Chapter 7
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Yan Sui Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By David M Goodrich
Martina A Slocomb Chad V Haes
Jess R Bressi
D Edward Hays
2:00 PM
8:11-20448
Yan Sui
Chapter 7
#9.00
Hearing RE: Motion For An Order That:
Mortgage Loan Be Reinstated
Wells Fargo Bank, N.A. Re-Conveys The Real Property Back To Original Owners
Real Property Be Reinstated To Its Originally Assessed Value
Damages Determination Hearing (Motion filed 9-22-20)
[Tele. appr., Thomas N. Jacobson, repr., Orange County Realtors] [Tele. appr., Dennette A Mulvaney, repr., Paul M. Krusey]
[Tele. appr., Yan Sui, repr., Pro Per]
Docket 642
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Motion is denied on the ground that Movant has failed to make a sufficient showing that the filing of the Motion does not violate the terms of this Court's order, filed and entered June 30, 2016 in the Yan Sui main bankruptcy case. Case No. 8:11- bk-20448-MW (then CB), banning Movant from filing any pleading attempting to
2:00 PM
CONT...
Yan Sui
Chapter 7
relitigate an issue of fact or law which was actually and necessarily decided against him in a previous order or judgment of the bankruptcy court and which has become final and not subject to appeal. It would appear to the Court that issues of fact and law inherent in the motion (in particular those involving Wells Fargo Bank and the validity of its claim) were decided against Movant based upon an order of this Court filed and entered July 8, 2016 (Docket No. 491) and affirmed by the United States Bankruptcy Appellate Panel for the Ninth Circuit on October 13, 2016 (BAP Nos.
CC-16-1231, CC-16-1236). COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Yan Sui Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By David M Goodrich
Martina A Slocomb Chad V Haes
Jess R Bressi
D Edward Hays
2:00 PM
8:19-14127
John Alan Stacey and Kathleen Lee Stacey
Chapter 11
#10.00
CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/22/19)
FR: 1-22-20; 6-3-20; Advanced from 10-21-20
[Tele. appr., Michael Hauser, repr., U.S. Trustee]
Docket 6
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtors' compliance with UST guidelines and requirements and the payment of all UST fees due and owing.
Party Information
Debtor(s):
John Alan Stacey Represented By Richard A Marshack David Wood
2:00 PM
CONT...
John Alan Stacey and Kathleen Lee Stacey
Chapter 11
Joint Debtor(s):
Kathleen Lee Stacey Represented By Richard A Marshack David Wood
9:00 AM
6:19-19061
Juan Manuel Ponce Torres and Maria Jesus Yepez Ortiz
Chapter 7
#1.00
McCalla Raymer Leibert Pierce, LLP - movant attorney Motion for Relief from Stay
Freedom Mortgage Corporation vs. DEBTORS (Motion filed 9/16/20)
Re: 15186 Athol Street, Fontana, CA 92335 Under 11 U.S.C. § 362
(Tele. appr. Dane Exnowski, rep. moving party Freedom Mortgage Corporation)
Docket 27
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Juan Manuel Ponce Torres and Maria Jesus Yepez Ortiz
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Juan Manuel Ponce Torres Represented By Lauren M Foley
Joint Debtor(s):
Maria Jesus Yepez Ortiz Represented By Lauren M Foley
Movant(s):
Freedom Mortgage Corporation Represented By
Dane W Exnowski
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#1.00
Hrg. on Objection to Claim filed 9/17/20 No.4 (Assisted Home Care, Inc.) in the amount of $1,916,779.54; No. 9 (Assisted Home Recovery, Inc) in the amount of
$1,916,779.54; and No. 25 (Staff Assistance, Inc) in the amount of
$1,916,779.54
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 319
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
10:00 AM
CONT...
Movant(s):
Healthcare Industry Self Insurance Program of Cali
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#2.00
Hrg. on Objection to Claim filed 9/17/20 No.3 (Acacia Villas Assisted Living,
LLC), in the amount of $116,993.69
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 323
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#3.00
Hrg. on Objection to Claim filed 9/17/20 No.5 (Bridges to Recovery, Inc.) in the amount of $51,370.84; and No.30 (Villas Stanley East, Inc.) in the amount of
$51,370.84
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 325
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#4.00
Hrg. on Objection to Claim filed 9/17/20 No.6 (Cambridge Court Assisted Living,
LLC) in the amount of $177,559.76
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 328
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#5.00
Hrg. on Objection to Claim filed 9/17/20 No.7 (Gardena Retirement Center, Inc.) in the amount of $3,699,854.61; No.10 (At Home Therapy Services, Inc.) in the amount of $3,699,854.61; No.11 (B&E Convalescent Center, Inc.) in the amount of $3,699,854.61; No.13 (Brookshire Partners, LLP) in the amount of
$3,699,854.61; No.16 (CHCM, Inc.) in the amount of $3,699,854.61; No.17 (College Health Enterprises, Inc.) in the amount of $3,699,854.61; No.18 (Del Amo Gardens Convalescent Center, LLC) in the amount of $ 3,699,854.61; and No.20 (JW BJW-ADHC, LLC) in the amount of $ 3,699,854,.61
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 330
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
10:00 AM
CONT...
Debtor(s):
Healthcare Industry Self Insurance Program of Cali
Chapter 7
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#6.00
Hrg. on Objection to Claim filed 9/17/20 No.8 (Interim Assisted Care of East Bay, Inc.) in the amount of $555,976.56; No.12 (BCD BAK, Inc) in the amount of
$ 555,976.56; No.19 (DLB CBB, Inc.) in the amount of $ 555,976.56; No.24 (RN C, MBA, Inc.) in the amount of $ 555,976.56
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 339
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
10:00 AM
CONT...
Movant(s):
Healthcare Industry Self Insurance Program of Cali
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#7.00
Hrg. on Objection to Claim filed 9/17/20 No.14 (Care for the Elderly, Inc.) in the amount of $544,592.74; and No.28 (Tample Park Convalescent Hospital, Inc.) in the amount of $544,592.74
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 344
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#8.00
Hrg. on Objection to Claim filed 9/17/20 No.15 (Robert and Mara Carli dba Alpine Homes) in the amount of $96,869.41
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 347
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#9.00
Hrg. on Objection to Claim filed 9/17/20 No.21 (Long Beach Homemakers, Inc.) in the amount of $56,479,608.00; and No.22 (Long Beach Oxford Services, Inc.) in the amount of $56,479,608.00
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 349
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#10.00
Hrg. on Objection to Claim filed 9/17/20 No.23 (Mental Health Convalescent Services, Inc.) in the amount of $651,091.00
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 352
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#11.00
Hrg. on Objection to Claim filed 9/17/20 No.26 (Sun & Sea Manor, LLC) in the amount of $118,684.14
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 354
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#12.00
Hrg. on Objection to Claim filed 9/17/20 No.27 (Temple Hospital Corporation) in the amount of $489,849.99
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 356
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#13.00
Hrg. on Objection to Claim filed 9/17/20 No.29 (The Heathers Senior Care, Inc.) in the amount of $143,768.41
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 358
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#14.00
Hrg. on Objection to Claim filed 9/17/20 No.31 (Zilaco, Inc.) in the amount of
$136,503.80
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 360
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#15.00
Hrg. on Objection to Claim filed 9/17/20 No.32 (Canyon House Rest Homes, Inc) in the amount of $111,442.41
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 362
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#16.00
Hrg. on Objection to Claim filed 9/17/20 No.33 (Tender Touch Homecare, Inc.) in the amount of $37,381.41
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 364
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#17.00
Hrg. on Objection to Claim filed 9/17/20 No.34 (The Caring Connection, Inc.) in the amount of $28,965.41
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 366
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#18.00
Hrg. on Objection to Claim filed 9/17/20 No.63 (Topanga-Roscoe Corp.) in the amount of $53,000,000.00
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 368
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#19.00
Hrg. on Objection to Claim filed 9/17/20 No.67 (Quality Health Services Corp.) in the amount of $53,000,000.00
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 370
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#20.00
Hrg. on Objection to Claim filed 9/17/20 No.68 (22125 Roscoe Corp.) in the amount of $53,000,000.00
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 372
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#21.00
Hrg. on Objection to Claim filed 9/17/20 No.69 (ActivCare Living, Inc) in the amount of $1,218,153.58
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 374
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#22.00
Hrg. on Objection to Claim filed 9/17/20 No.70 (Eisenhower Nursing and Convalescent Hospital, Inc.) in the amount of $53,000.000.00
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 376
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#23.00
Hrg. on Objection to Claim filed 9/17/20 No.71 (FH & HF - Torrance I, LLC) in the amount of $53,000,000.00
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 378
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#24.00
Hrg. on Objection to Claim filed 9/17/20 No.72 (Mountview Retirement, Ltd.) in the amount of $53,000,000.00
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 380
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#25.00
Hrg. on Objection to Claim filed 9/17/20 No.73 (Lightbridge Hospice, LLC) in the amount of $57,000.000.00
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 382
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#26.00
Hrg. on Objection to Claim filed 9/17/20 No.74 (The Elizabeth Hospice, Inc.) in the amount of $57,000,000.00
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 384
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#27.00
Hrg. on Objection to Claim filed 9/17/20 No.75 (Linda Vista Manor, Inc.) in the amount of $57,000,000.00
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 386
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#28.00
Hrg. on Objection to Claim filed 9/17/20 No.78 (B-East, LLC) in the amount of
$3,874,152.12
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 388
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#29.00
Hrg. on Objection to Claim filed 9/17/20 No.79 (B-San Diego, LLC) in the amount of $3,874,152.12
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 390
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#30.00
Hrg. on Objection to Claim filed 9/17/20 No.80 (B-Spring Valley, LLC) in the amount of $3,874,152.12
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 392
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#31.00
Hrg. on Objection to Claim filed 9/17/20 No.81 (Centinela Retirement & Assisted Living, LLC) in the amount of $3,874,152.12; No.82 (Centinela Skilled Nursing & Wellness Centre East, LLC) in the amount of $3,874,152.12; and No.83 (Centinela Skilled Nursing & Wellness Centre West, LLC) in the amount of
$3,874,152.12
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 394
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
10:00 AM
CONT...
Movant(s):
Healthcare Industry Self Insurance Program of Cali
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#32.00
Hrg. on Objection to Claim filed 9/17/20 No.84 (CNRC, LLC) in the amount of
$3,874,152.12
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 398
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#33.00
Hrg. on Objection to Claim filed 9/17/20 No.85 (Fresno Skilled Nursing & Wellness Centre, LLC) in the amount of $ 3,874,152.12; No.91 (Oakhurst Skilled Nursing & Wellness Centre, LLC) in the amount of $ 3,874,152.12; and No.96 (Wish-I-Ah Skilled Nursing & Wellness Centre, LLC) in the amount of
$3,874,152.12
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 400
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
10:00 AM
CONT...
Movant(s):
Healthcare Industry Self Insurance Program of Cali
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#34.00
Hrg. on Objection to Claim filed 9/17/20 No.86 (Highland Park Skilled Nursing & Wellness Centre, LLC) in the amount of $3,874,152.12
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 404
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#35.00
Hrg. on Objection to Claim filed 9/17/20 No.87 (LAIBCO, LLC) in the amount of
$3,874,152.12
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 406
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#36.00
Hrg. on Objection to Claim filed 9/17/20 No.88 (Lighthouse Healthcare Center,
LLC) in the amount of $3,874,152.12
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 408
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#37.00
Hrg. on Objection to Claim filed 9/17/20 No.90 (Norwalk Skilled Nursing & Wellness Centre, LLC) in the amount of $3,874,152.12
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 410
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#38.00
Hrg. on Objection to Claim filed 9/17/20 No.92 (Point Loma Rehabilitation Center, LLC) in the amount of $ 3,874,152.12
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 412
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#39.00
Hrg. on Objection to Claim filed 9/17/20 No.93 (South Pasadena Rehabilitation Center, LLC) in the amount of $ 3,874,152.12
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 414
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#40.00
Hrg. on Objection to Claim filed 9/17/20 No.94 (Veredugo Valley Skilled Nursing & Wellness Centre, LLC) in the amount of $ 3,874,152.12
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 416
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#41.00
Hrg. on Objection to Claim filed 9/17/20 No.95 (Vernon Healthcare Center, LLC) in the amount of $3,874,152,.12
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 418
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#42.00
Hrg. on Objection to Claim filed 9/17/20 No.97 (Vista Hospital of South Bay, LP) in the amount of $22,397,804.00
Docket 420
*** VACATED *** REASON: Order approving stipulation withdrawing claim entered on 10/6/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#43.00
Hrg. on Objection to Claim filed 9/17/20 No.98 (Vista Hospital of South Bay, LLC) in the amount of $42,531,097.00
Docket 422
*** VACATED *** REASON: Order Approving stipulation re withdrawal of claim entered on 10/6/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#44.00
Hrg. on Objection to Claim filed 9/17/20 No.99 (Vista Healthcare, LLC) in the amount of $35,895,680.00
Docket 424
*** VACATED *** REASON: Order Approving Stipulation re: withdrawal of claim entered 10/6/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#45.00
Hrg. on Objection to Claim filed 9/17/20 No.100 (Rancho Cucamonga Community Hospital, LLC) in the amount of $42,531,097.00
Docket 426
*** VACATED *** REASON: Order Approving Stipulation re withdrawal of claim entered 10/6/20 - jc
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#46.00
Hrg. on Objection to Claim filed 9/17/20 No.101 (Perris Valley Community Hospital, LLC) in the amount of $43,453,255.00
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 428
*** VACATED *** REASON: ORDER ENTERED ON 10/6/20 (DOC. 525)
- jc Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
CONT...
Healthcare Industry Self Insurance Program of Cali
Chapter 7
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#47.00
Hrg. on Objection to Claim filed 9/17/20 No.102 (Gardena Hospital, LP) in the amount of $32,739,804.00
Docket 430
*** VACATED *** REASON: Order approving stipulation to for withdrawal of claim entered on 10/6/20 - jc
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#48.00
Hrg. on Objection to Claim filed 9/17/20 No.103 (ELADH, LP) in the amount of
$32,712,950.00
Docket 432
*** VACATED *** REASON: Order approving stipulation to withdraw entered on 10/6/20 - jc
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#49.00
Hrg. on Objection to Claim filed 9/17/20 No.104 (Vista Specialty Hospital of Southern California, LP) in the amount of $43,453,255.00
Docket 434
*** VACATED *** REASON: Order Approving Stipulation for Withdrawal of Claim entered on 10/6/20 - jc
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#50.00
Hrg. on Objection to Claim filed 9/17/20 No.105 (Golden State Health Centers,
Inc.) in the amount of $19,827.00
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 436
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#51.00
Hrg. on Objection to Claim filed 9/17/20 No.106 (Michael Lane, Liquidating Trustee of the Gardens Regional Hospital and Medical Center Liquidating Trust) in the amount of $56,479,608.00
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 438
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#52.00
Hrg. on Objection to Claim filed 9/17/20 No.89 (John Sims, as Trustee for the G & M Baker 1994 Trust, as assignee of Mark One Corporation) in the amount of
$56,479,608
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 440
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain the objection(s).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By
10:00 AM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
10:00 AM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#53.00
Hrg. on Objection to Claim filed 9/17/20 No.77 (Parkview Community Hospital Medical Center) in the amount of $4,236,825.00
Docket 442
*** VACATED *** REASON: Trustee's Voluntary Dismisssal of Objection to Claim filed 9/21/20 - (doc. 497) - jc
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
2:00 PM
6:16-20446
BioData Medical Laboratories, Inc.
Chapter 7
#1.00
Hrg. on trustee's final report; applications for compensation
[Re: Todd Frealy, chapter 7 trustee]
[Fees; Total Requested; $50,000,00; Proposed payment $14,446.82; Expenses;Total Requested; $614.71 proposed payment; $177.61]
[Re: Levene Neale Bender Yoo & Brill, attorneys for chapter 7 trustee] [Fees; Total Requested $495,259.20; Proposed Payment; $143,098.39; Expenses; Total Requested; $69,166.28; Proposed Payment $19,984.65]
[Re: Donald T. Fife, accountant for trustee]
[Fees; Total Requested; $24,791.00; Proposed Payment; $7,163.02; Expenses; Total Requested; $562.60; Proposed Payment; $162.56]
(Tele. appr. Debra Brand, rep. interested party, Law Offices of Robert Yaspam)
(Tele. appr. Todd Frealy, rep. trustee, Todd Frealy) (Tele. appr. Juliet Oh, rep. trustee, Todd Frealy)
Docket 0
Tentative Ruling:
2:00 PM
CONT...
BioData Medical Laboratories, Inc.
Chapter 7
TELEPHONIC APPEARANCES REQUIRED.
The Court approves the final distributions proposed by the Trustee as set forth in Exhibit 5 to the Trustee's Declaration, Docket No. 686-1, filed Sept. 3, 2020, and allows the fees and expenses to that extent.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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 Kurt Ramlo
2:00 PM
6:18-14098
Monica Del Cano
Chapter 7
#2.00
Hrg. on approval of trustee's final report and applications for compensation
[Re: Karl T. Anderson, chapter 7 trustee] [Fees; $12718.96; Expenses; $114.56]
[Re: Lewis Brisbois Bisgaard & Smith] [Fees; $12899.62; Expenses; $730.39)
(Tele. appr. Maria Garcia, rep. trustee Karl Anderson)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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
2:00 PM
CONT...
Monica Del Cano
Chapter 7
secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$12,718.96 and expenses in the amount of $114.56.
The compensation is approved as to Lewis, Brisbois, Brisgaard, & Smith, with fees in the amount of $12,899.62 and expenses in the amount of $730.39.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Monica Del Cano Represented By William Radcliffe
Trustee(s):
Karl T Anderson (TR) Represented By Lovee D Sarenas Amy L Goldman
2:00 PM
6:20-14155
Power Bail Bonds, Inc.
Chapter 11
#3.00
Hrg. on Debtor's Objection to Claim of Lexington National Insurance Company (Claim 16) and motion for order for partial disallowance of claim or, alternatively, for an evidentiary hearing to establish value, and for order requiring parties to establish procedures to estimate or liquidate Lexington National Insurance Company Contingent Claims filed by
Docket 127
*** VACATED *** REASON: CONTINUED TO 2/9/21 @ 9:00 A.M. BY ORDER ENTERED 10/6/20 (DOC. 150)
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
Movant(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
Trustee(s):
Caroline Renee Djang (TR) Pro Se
2:00 PM
6:20-14155
Power Bail Bonds, Inc.
Chapter 11
#4.00
CONT Hrg. on Lexington National Insurance Corporation's Motion filed 8/28/28 for Removal of Debtor as Debtor in Possession Pursuant to 11 U.S.C. §1185 or, in the Alternative, Authorizing Audit
(Cont. from 9/22/20)
(Tele. appr. Franklin Contreras, rep. creditor, Lexington National Insurance Corporation)
(Tele. appr. Caroline Djang, rep trustee, Caroline Djang)
(Tele. appr. Ronald Frank, rep. creditor, Lexington National Insurance Corporation)
(Tele. appr Mark Holtsschneider, rep. creditor Lexington National Insurance Corp.)
(Tele. app. Gary Nye, rep. creditor Lexington National Insurance Corp.) (Tele. appr. Douglas Plazak, rep. Debtor)
(Tele. appr. Marcus Romero, rep. Marcus Romero)
(Tele. appr. Leonard Shulman rep. creditor Lexington National Insurance Corp.)
(Tele. appr. Lisa Slater rep. creditor Lexington National Insurance Corp.)
(Tele. appr. Alan Williams, rep. interested party Marcus Romer) - LISTEN ONLY
Docket 91
Tentative Ruling:
2:00 PM
CONT...
Power Bail Bonds, Inc.
Chapter 11
TELEPHONIC APPEARANCES REQUIRED.
11 U.S.C. § 1185(a) authorizes the Court to remove a debtor as debtor in possession "for cause." "Cause," under the statute, includes (but presumably is not limited to) "fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor, either before or after the date of commencement of the case."
The facts here show that chapter 11, subchapter V debtor Power Bail Bonds, Inc. ("Debtor") received a $300,000 cash loan from the Debtor’s principal, Mr. Romero, shortly after 2019 year-end distributions were made to Mr. Romero and two other shareholders. Debtor did not file a Form 8300 with the Internal Revenue Service to report the $300,000 cash loan. At the continued 341(a) meeting on August 11, 2020, Mr. Romero refused to answer a question from attorney Leonard Shulman (who represents movant Lexington National Insurance Corporation ["LNIC"]) as to the source of the cash used to make the loan.
It is well known that the United States has laws in place to deter or prevent "money laundering," which is a term that generally refers to criminals using cash obtained from illegal transactions such as illegal drug sales or bank robbery to make deposits into depository institutions such as banks. Internal Revenue Service Form 8300, entitled "Report of Cash Payments Over $10,000 Received in a Trade or Business," provides that "[e]ach person engaged in a trade or business who, in the course of that trade or business, receives more than $10,000 in cash in one transaction, or in
2:00 PM
CONT...
Power Bail Bonds, Inc.
Chapter 11
two or more related transactions, must file Form 8300."
The instructions for Form 8300 make it clear that even the clerk of a federal or state court must file Form 8300 if more than $10,000 is received as bail for an individual charged with certain criminal offenses. There are certain exceptions to the reporting requirement, but in each instance the exception is either clearly not applicable to the cash loan at issue here or would appear to be inapplicable. The Treasury Regulations specifically provide that the making of a loan is a reportable transaction. Treas. Regs. § 1.6050I-1(c )(7)(i).
The Court determines that Debtor’s failure to file Form 8300 coupled with Mr. Romero’s refusal to testify as to the source of such a large amount of cash constitutes "cause" to remove Debtor as debtor in possession and to appoint the Subchapter V Trustee, Caroline Djang, as a Subchapter V Trustee- in-Possession.
LNIC TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
Movant(s):
Lexington National Insurance Represented By Leonard M Shulman Franklin J Contreras
Trustee(s):
Caroline Renee Djang (TR) Pro Se
2:00 PM
6:20-14155
Power Bail Bonds, Inc.
Chapter 11
#5.00
Hrg. on Motion for Conditional Use of Cash Collateral
(Tele. appr. Franklin Contreras, rep. creditor, Lexington National Insurance Corporation)
(Tele. appr. Caroline Djang, rep trustee, Caroline Djang)
(Tele. appr. Ronald Frank, rep. creditor, Lexington National Insurance Corporation)
(Tele. appr Mark Holtsschneider, rep. creditor Lexington National Insurance Corp.)
(Tele. app. Gary Nye, rep. creditor Lexington National Insurance Corp.) (Tele. appr. Douglas Plazak, rep. Debtor)
(Tele. appr. Marcus Romero, rep. Marcus Romero)
(Tele. appr. Leonard Shulman rep. creditor Lexington National Insurance Corp.)
(Tele. appr. Lisa Slater rep. creditor Lexington National Insurance Corp.)
(Tele. appr. Alan Williams, rep. interested party Marcus Romer) - LISTEN ONLY
Docket 144
Tentative Ruling:
2:00 PM
CONT...
Power Bail Bonds, Inc.
Chapter 11
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
The Court will overrule the evidentiary objection of LNIC.
This ruling is expressly without prejudice to LNIC to oppose a motion to use cash collateral beyond December 31, 2020, based upon actual financial performance materially below the levels prejected by Debtor.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
Movant(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
Trustee(s):
Caroline Renee Djang (TR) Pro Se
2:00 PM
6:20-14155
Power Bail Bonds, Inc.
Chapter 11
#6.00
Hrg. on Scheduling Order re Objection to Claim of Lexington National Insurance Company (Claim 16)
(Tele. appr. Franklin Contreras, rep. creditor, Lexington National Insurance Corporation)
(Tele. appr. Caroline Djang, rep trustee, Caroline Djang)
(Tele. appr. Ronald Frank, rep. creditor, Lexington National Insurance Corporation)
(Tele. appr Mark Holtsschneider, rep. creditor Lexington National Insurance Corp.)
(Tele. app. Gary Nye, rep. creditor Lexington National Insurance Corp.) (Tele. appr. Douglas Plazak, rep. Debtor)
(Tele. appr. Marcus Romero, rep. Marcus Romero)
(Tele. appr. Leonard Shulman rep. creditor Lexington National Insurance Corp.)
(Tele. appr. Lisa Slater rep. creditor Lexington National Insurance Corp.)
(Tele. appr. Alan Williams, rep. interested party Marcus Romer) - LISTEN ONLY
Docket 0
Tentative Ruling:
2:00 PM
CONT...
Power Bail Bonds, Inc.
Chapter 11
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire of the Parties how much time they will need for discovery. COURT TO PREPARE SCHEDULING ORDER.
Party Information
Debtor(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
Trustee(s):
Caroline Renee Djang (TR) Pro Se
2:00 PM
6:20-14155
Power Bail Bonds, Inc.
Chapter 11
#7.00
CONT Hrg. on Chapter 11 Subchapter V Status Conference (Advanced from 10/22/20)
(Tele. appr. Franklin Contreras, rep. creditor, Lexington National Insurance Corporation)
(Tele. appr. Caroline Djang, rep trustee, Caroline Djang)
(Tele. appr. Ronald Frank, rep. creditor, Lexington National Insurance Corporation)
(Tele. appr Mark Holtsschneider, rep. creditor Lexington National Insurance Corp.)
(Tele. app. Gary Nye, rep. creditor Lexington National Insurance Corp.) (Tele. appr. Douglas Plazak, rep. Debtor)
(Tele. appr. Marcus Romero, rep. Marcus Romero)
(Tele. appr. Leonard Shulman rep. creditor Lexington National Insurance Corp.)
(Tele. appr. Lisa Slater rep. creditor Lexington National Insurance Corp.)
(Tele. appr. Alan Williams, rep. interested party Marcus Romer) - LISTEN ONLY
Docket 0
Tentative Ruling:
2:00 PM
CONT...
Power Bail Bonds, Inc.
Chapter 11
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
Next status conference: February 23, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
Trustee(s):
Caroline Renee Djang (TR) Pro Se
9:00 AM
8:15-13556
John Olaf Halvorson
Chapter 7
#1.00
CONT'D STATUS CONFERENCE Hearing RE: Status Of Chapter 7 Case (Set per Order Entered 7/31/19)
FR: 10-16-19; 4-15-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Based upon the Parties' request, and for good cause shown (namely, the pending of three separate appeals to the Ninth Circuit), the Court continues the status conference to April 21, 2021 at 9:00 a.m. An updated single consolidated status report (applicable to the main bankruptcy case and all adversary proceedings) is due April 7, 2021.
All stays previously imposed remain in effect through April 21, 2021. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
John Olaf Halvorson Represented By
9:00 AM
CONT...
Trustee(s):
John Olaf Halvorson
Marc C Forsythe Charity J Manee
Chapter 7
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
8:15-13556
John Olaf Halvorson
Chapter 7
#2.00
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; 10-16-19; 4-14-20
Docket 282
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Based upon the Parties' request, and for good cause shown (namely, the pending of three separate appeals to the Ninth Circuit), the Court continues the status conference to April 21, 2021 at 9:00 a.m. An updated single consolidated status report (applicable to the main bankruptcy case and all adversary proceedings) is due April 7, 2021.
All stays previously imposed remain in effect through April 21, 2021. COURT TO PREPARE ORDER.
9:00 AM
CONT...
Debtor(s):
John Olaf Halvorson
Party Information
Chapter 7
John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee
Movant(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
8:15-13556
John Olaf Halvorson
Chapter 7
Adv#: 8:15-01454 Baek v. Halvorson et al
#3.00
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;
10-16-19; 4-15-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Based upon the Parties' request, and for good cause shown (namely, the pending of three separate appeals to the Ninth Circuit), the Court continues the status conference to April 21, 2021 at 9:00 a.m. An updated single consolidated status report (applicable to the main bankruptcy case and all adversary proceedings) is due April 7, 2021.
All stays previously imposed remain in effect through April 21, 2021. COURT TO PREPARE ORDER.
9:00 AM
CONT...
Debtor(s):
John Olaf Halvorson
Party Information
Chapter 7
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
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
8:15-13556
John Olaf Halvorson
Chapter 7
Adv#: 8:17-01119 Kosmala et al v. Pacific Commercial Group, LLC et al
#4.00
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;
10-16-19; 4-15-19
9:00 AM
CONT...
John Olaf Halvorson
Docket 1
Chapter 7
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Based upon the Parties' request, and for good cause shown (namely, the pending of three separate appeals to the Ninth Circuit), the Court continues the status conference to April 21, 2021 at 9:00 a.m. An updated single consolidated status report (applicable to the main bankruptcy case and all adversary proceedings) is due April 7, 2021.
All stays previously imposed remain in effect through April 21, 2021. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee
Defendant(s):
Pacific Commercial Group, LLC Represented By
9:00 AM
CONT...
John Olaf Halvorson
Steven J. Katzman Ali Matin
Kyle Kveton
Chapter 7
Baek Family Partnership, LLC Represented By Steven J. Katzman 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
9:00 AM
CONT...
John Olaf Halvorson
Chapter 7
Plaintiff(s):
Weneta M.A. Kosmala Represented By Reem J Bello Jeffrey I Golden
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
8:15-13556
John Olaf Halvorson
Chapter 7
Adv#: 8:17-01119 Kosmala et al v. Pacific Commercial Group, LLC et al
#5.00
CONT'D Hearing RE: Whether Adversary Proceeding Should Be Stayed (Set per Order Entered 10-18-19)
FR: 12/2/19
Docket 71
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Based upon the Parties' request, and for good cause shown (namely, the pending of three separate appeals to the Ninth Circuit), the Court continues the status conference to April 21, 2021 at 9:00 a.m. An updated single consolidated status report (applicable to the main bankruptcy case and all adversary proceedings) is due April 7, 2021.
All stays previously imposed remain in effect through April 21, 2021. COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
John Olaf Halvorson
Chapter 7
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
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
9:00 AM
CONT...
John Olaf Halvorson
Kyle Kveton
Chapter 7
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 Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
8:15-13556
John Olaf Halvorson
Chapter 7
Adv#: 8:19-01191 Baek et al v. Halvorson et al
#6.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint (Fraudulent Transfer; Constructive/Resulting Trust)
(Complaint filed 3/26/19) FR: 10-16-19; 4-15-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Based upon the Parties' request, and for good cause shown (namely, the pending of three separate appeals to the Ninth Circuit), the Court continues the status conference to April 21, 2021 at 9:00 a.m. An updated single consolidated status report (applicable to the main bankruptcy case and all adversary proceedings) is due April 7, 2021.
All stays previously imposed remain in effect through April 21, 2021. COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
John Olaf Halvorson
Chapter 7
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 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
9:00 AM
CONT...
John Olaf Halvorson
Chapter 7
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 Jeffrey I Golden
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
8:15-13556
John Olaf Halvorson
Chapter 7
Adv#: 8:15-01382 Baek 124th, LLC et al v. Halvorson et al
#7.00
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; 10-16-19; 4-15-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Based upon the Parties' request, and for good cause shown (namely, the pending of three separate appeals to the Ninth Circuit), the Court continues the status conference to April 21, 2021 at 9:00 a.m. An updated single consolidated status report (applicable to the main bankruptcy case and all adversary proceedings) is due April 7, 2021.
All stays previously imposed remain in effect through April 21, 2021. COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
John Olaf Halvorson
Chapter 7
John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee
Defendant(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee Corey B Tolliver
Marc C Forsythe Represented By Corey B Tolliver
Plaintiff(s):
Baek 124th, LLC Represented By Steven J. Katzman
Baek 153, LLC Represented By Steven J. Katzman
Baek Ainsworth Property, LLC Represented By Steven J. Katzman
Baek Development, LLC Represented By Steven J. Katzman
Baek Family Partnership Represented By Steven J. Katzman
Baek Holdings, LLC Represented By Christopher N Coyle Steven J. Katzman
Baek Uptown Property, LLC Represented By Steven J. Katzman
Pacific Commercial Group, LLC Represented By
Steven J. Katzman
9:00 AM
CONT...
John Olaf Halvorson
Chapter 7
RGJ Baek, LLC Represented By Steven J. Katzman
Grace Baek Represented By
Steven J. Katzman
Richard Baek Represented By Steven J. Katzman
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
8:15-15311
Freedom Communications, Inc.
Chapter 11
Adv#: 8:17-01012 Official Committee of Unsecured Creditors of Freed v. Kushner et al
#8.00
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;
9-4-19; 2-12-20; 6-17-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to February 10, 2021 at 9:00 a.m. An updated status report is due January 27, 2021.
COURT TO PREPARE ORDER.
9:00 AM
CONT...
Debtor(s):
Freedom Communications, Inc.
Party Information
Chapter 11
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado Jeffrey W Dulberg
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
9:00 AM
CONT...
Freedom Communications, Inc.
Matthew T Furton Brandon J Witkow
Chapter 11
JTR, LLC Represented By
Robert S Marticello Matthew T Furton
Plaintiff(s):
Official Committee of Unsecured Represented By
Alan J Kornfeld Elissa A Wagner
9:00 AM
8:17-14478
Dennis Edward Lake
Chapter 7
Adv#: 8:18-01035 Federal Trade Commission v. Lake
#9.00
CONT'D PRE-TRIAL 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)
(PTC set at S/C held 2/19/20)
FR: 5-23-18; 6-27-18; 10-24-18; 4-10-19; 10-16-19; 2-19-20
Docket 9
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION CONTINUING PRE-TRIAL CONFERENCE TO APRIL 7, 2021 AT 9:00 AM ENTERED ON 10-9-20 (DOCKET NO. 58)
Tentative Ruling:
- NONE LISTED -
Party Information
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
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01193 Basho Technologies Holdco C, LLC et al v. Chester
#10.00
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; 12-18-19; 7-15-20
Docket 1
*** VACATED *** REASON: ORDER CONTINUING PRE-TRIAL CONFERENCE TO MARCH 17, 2021 AT 9:00 AM ENTERED ON 8-18-20 (DOCKET NO. 96)
Tentative Ruling:
Party Information
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Davenport C. Chester Represented By Michael Jay Berger
Plaintiff(s):
Basho Technologies Holdco B, LLC Represented By
Randye B Soref Bradley Gardner Tanya Behnam
Basho Technologies Holdco C, LLC Represented By
Bradley Gardner Randye B Soref
9:00 AM
CONT...
Chester Davenport
Tanya Behnam
Chapter 7
Basho Technologies Holdco E, LLC Represented By
Bradley Gardner Randye B Soref Tanya Behnam
Hunoby Enterprises, LLC Represented By Bradley Gardner Randye B Soref Tanya Behnam
Earl P. Galleher III Represented By Bradley Gardner Randye B Soref Tanya Behnam
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:18-12427
James Russell Balsamo
Chapter 7
Adv#: 8:18-01189 Labor Commissioner, State of California v. Balsamo
#11.00
Hearing RE: Plaintiff's California State Labor Commisioner's Motion For Entry Of Default Judgment By The Court
(Motion filed by 5-29-20) (Notice of hearing filed 8-24-20)
Docket 83
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant motion for entry of default judgment for the reasons argued by the Movant. The Debt of $50,000.00 for the full amount of civil penalties is excepted from discharge pursuant to 11 U.S.C. § 523(a)(6).
MOVANT TO LODGE (1) ORDER GRANTING MOTION, AND (2) FORM OF JUDGMENT VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
James Russell Balsamo Represented By
9:00 AM
CONT...
James Russell Balsamo
Joseph M Tosti
Chapter 7
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
8:19-11212
Marc Solomon Tenner
Chapter 7
Adv#: 8:19-01094 DeLuca et al v. Tenner
#12.00
CONT'D PRE-TRIAL 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)
(PTC set at S/C held 1/29/20) FR: 7-10-19; 8-7-19; 1-29-20
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will approve the pretrial stipulation and grant leave to Plaintiffs to file a motion for summary judgment based upon the admitted facts as stated in the stipulation. Such motion shall be filed on or before February 28, 2021.
COURT TO PREPARE ORDER
9:00 AM
CONT...
Debtor(s):
Marc Solomon Tenner
Party Information
Chapter 7
Marc Solomon Tenner Represented By Marc Weitz
Defendant(s):
Marc Solomon Tenner Pro Se
Plaintiff(s):
John DeLuca Represented By
Timothy F Umbreit Thomas K Emmitt
Lenore DeLuca Represented By Timothy F Umbreit Thomas K Emmitt
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-12113
Heidi Crawford
Chapter 7
Adv#: 8:19-01179 DX Home Designs Inc. v. Crawford et al
#13.00
STATUS CONFERENCE Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1
(Motion filed 11/12/19)
S/C set per Order Entered 12-16-19 FR: 12-12-19
Docket 24
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING PLAINTIFF DX HOME DESIGN, INC.'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANTS MICHAEL DEAN CRAWFORD AND STYLE HOUSE, INC. ENTERED 7-13-2020 - (DOCKET NO. [88])
Tentative Ruling:
- NONE LISTED -
Party Information
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
Michael Crawford Pro Se
Movant(s):
DX Home Designs Inc. Represented By Michael Jay Berger
9:00 AM
CONT...
Heidi Crawford
Chapter 7
Plaintiff(s):
DX Home Designs Inc. Represented By Michael Jay Berger
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:19-01158 South Coast Behavioral Health, Inc. v. Reliable Fast Cash, LLC et al
#14.00
Hearing RE: Motion for Partial Summary Adjudication of Issues (Motion filed 9-9-20)
Docket 85
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will deny the motion for the reasons argued by Debtor in its opposition and for the additional reason that Movant has failed to make a sufficient showing that future receivables constitute a property interest (as opposed to an expectation) that can be lawfully sold under New York Law, or if an expectation can be sold, that the sale can be closed prior to the time the expectation is realized. In this case, the expectation would not be realized until the receivable is actually generated.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Sean A OKeefe
Chapter 11
Defendant(s):
Reliable Fast Cash, LLC Represented By Steven R Fox
Mendl Chanin Represented By Steven R Fox
Plaintiff(s):
South Coast Behavioral Health, Inc. Represented By
Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders
9:00 AM
8:19-13374
Martha S Adair
Chapter 11
#15.00
CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 8/29/19)
FR: 1-22-20; 2-26-20; 6-3-20
Docket 40
*** VACATED *** REASON: SUA SPONTE ORDER CONTINUING STATUS CONFERENCE TO OCTOBER 21, 2020 AT 2:00 PM ENTERED ON 10-9-20. (DOCKET NO. 131)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Martha S Adair Represented By Richard H Golubow
9:00 AM
8:19-14127
John Alan Stacey and Kathleen Lee Stacey
Chapter 11
#16.00
CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/22/19)
FR: 1-22-20; 6-3-20
Docket 6
*** VACATED *** REASON: OFF CALENDAR - ORDER ADVANCING STATUS CONFERENCE TO OCTOBER 19, 200 AT 2:00 PM ENTERED ON 10-14-20 (DOCKET NO. 112).
Tentative Ruling:
Party Information
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
8:19-14489
Luis Daniel Ochoa
Chapter 11
#17.00
CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 11/17/19)
FR: 1-22-20; 6-3-20
Docket 19
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING STATUS CONFERENCE TO FEBRUARY 17, 2021 AT 9:00 AM ENTERED ON 10-14-20 (DOCKET NO. 72).
Tentative Ruling:
Party Information
Debtor(s):
Luis Daniel Ochoa Represented By Anerio V Altman
9:00 AM
8:20-11083
239 Carnation LLC, a Texas Limited Liability Compa
Chapter 11
Adv#: 8:20-01112 Fineline Woodoworking, Inc. v. Bridge Loan Financial, Inc. et al
#18.00
STATUS CONFERENCE Hearing RE: Adversary Complaint For:
Declaratory Relief (Reserved Fund);
Declaratory Relief (Mechanic's Lien Property);
Enforcement Of Stop Payment;
Breach Of Implied Warranty Of Authority; And
Fraud In The Inducement (Demand for Jury Trial) (Complaint filed 7/31/2020)
Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING STIPULATION TO CONTINUE STATUS CONFERENCE TO DECEMBER 2, 2020 AT 9:00 AM ENTERED ON 10-9-20 (DOCKET NO. 17)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
239 Carnation LLC, a Texas Limited Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Bridge Loan Financial, Inc. Pro Se
Steven Perkins Pro Se
239 Carnation, LLC Pro Se
Plaintiff(s):
Fineline Woodoworking, Inc. Represented By
9:00 AM
CONT...
239 Carnation LLC, a Texas Limited Liability Compa
James A Hayes Jr
Chapter 11
10:00 AM
8:20-11738
Pedro Nino Tellez
Chapter 7
#1.00
Hearing RE: Reaffirmation Agreement Between Debtor And American Honda Finance Corporation
(Reaffirmation filed 8/5/2020)
[RE: 2016 Honda Odyssey - Amount: $20,523.63] [VIN No.: 5FNRL5H92GB060209]
Docket 10
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Pedro Nino Tellez Represented By
Michael H Colmenares
10:00 AM
CONT...
Trustee(s):
Pedro Nino Tellez
Chapter 7
Richard A Marshack (TR) Pro Se
10:00 AM
8:20-11884
Maria Magdalena Gomez Galvez
Chapter 7
#2.00
Hearing RE: Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation
(Reaffirmation filed 9-17-20)
[RE: 2019 Toyota RAV4 - Amount: $39,838.23] [VIN No.: 2T3Y1RFV4KW014389]
Docket 11
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Maria Magdalena Gomez Galvez Pro Se
10:00 AM
CONT...
Trustee(s):
Maria Magdalena Gomez Galvez
Chapter 7
Weneta M Kosmala (TR) Pro Se
10:00 AM
8:20-12285
Ronald Lawrence Azevedo
Chapter 7
#3.00
Hearing RE: Reaffirmation Agreement Between Debtor and Partners Federal Credit Union
(Reaffirmation filed 9-24-20)
[RE: 2015 Chevrolet Traverse - Amount: $10,896.55] [VIN No.: 1GNKRHKD2FJ125735]
Docket 9
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Ronald Lawrence Azevedo Pro Se
10:00 AM
CONT...
Trustee(s):
Ronald Lawrence Azevedo
Chapter 7
Richard A Marshack (TR) Pro Se
10:00 AM
8:20-12371
James Pak
Chapter 7
#4.00
Hearing RE: Reaffirmation Agreement Between Debtor and Ally Bank (Reaffirmation filed 9-17-20)
[RE 2015 Jeep Wrangler Unlimited - Amount: $9,212.43] [VIN No.: 1C4BJWFG6FL706054]
Docket 7
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is approved provided that the monthly payments are current, the vehicle is insured, and the debtor(s) can afford future payments.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
James Pak Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
CONT...
James Pak
Chapter 7
10:00 AM
8:20-12101
Alma Silvia Loya
Chapter 7
#5.00
Hearing RE: Reaffirmation Agreement Between Debtor And Wescom Central Credit Union
(Reaffirmation filed 9/28/2020)
[RE: 2014 Nissan Sentra - Amount: $7494.48] [VIN No.: 3N1AB7AP3EY287546]
Docket 9
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is approved provided that the monthly payments are current, the vehicle is insured, and the debtor(s) can afford future payments.
COURT TO PREPARE ORDER.
Party Information
10:00 AM
CONT...
Debtor(s):
Alma Silvia Loya
Chapter 7
Alma Silvia Loya Represented By Judy P Hsu
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
8:19-11987
Enalasys Corporation
Chapter 11
#1.00
Hearing RE: Disclosure Statement Describing Chapter 11 Plan Of Reorganization
(D.S. filed 8-28-20)
Docket 121
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court believes the UST has misapprehended the Debtor's use of the term "pro rata" with respect to Class 4 claims. As the Court sees it, "pro rata" means that if $100 is available for distribution and Class 4 has (hypothetically) two members, one of which has a $750 claim and one of which has a $250 claim, $75 would be distributed to the first and $25 to the second.
However, it seems also to be true that Claim 4 members can be paid in full only if the litigation is successful to some extent. This should be clarified. A contingency fee agreement must be in place with an attorney for Debtor regarding post-confirmation litigation before the Court will approve a disclosure statement.
For these reasons, the Court disapproves the disclosure statement and continues the disclosure statement hearing to December 16, 2020 at 2:00 p.m.
2:00 PM
CONT...
Enalasys Corporation
Chapter 11
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Enalasys Corporation Represented By Michael Jones Sara Tidd
2:00 PM
8:19-13374
Martha S Adair
Chapter 11
#2.00
Hearing RE: Debtor's Disclosure Statement In Support Of Debtor's Chapter 11 Plan Of Reorganization
(D.S. filed 8-31-20)
Docket 121
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will sustain the UST's objections to the disclosure statement and continue the disclosure statement hearing to December 16, 2020 at 2:00 p.m. to permit the filing and service of an amended disclosure statement no later than November 23, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Martha S Adair Represented By Richard H Golubow
2:00 PM
8:19-13374
Martha S Adair
Chapter 11
#3.00
CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 8/29/19)
FR: 1-22-20; 2-26-20; 6-3-20
Docket 40
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements. The status report that was filed was detailed and helpful.
Next status conference: December 16, 2020 at 2:00 p.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Martha S Adair Represented By Richard H Golubow
2:00 PM
CONT...
Martha S Adair
Chapter 11
9:00 AM
6:14-18824
Maria Elena Rodriguez
Chapter 7
Adv#: 6:19-01047 Ford Walker Haggerty & Behar, LLP et al v. Simons
#1.00
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))
(Cont. from 3/19/20)
Docket 1
*** VACATED *** REASON: Cont. to 1/28/21 @ 9:00 a.m. by order entered on 6/25/20 (doc. 67) jc
Tentative Ruling:
- NONE LISTED -
Party Information
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
9:00 AM
CONT...
Maria Elena Rodriguez
C John M Melissinos Daniel A Lev
Chapter 7
9:00 AM
6:18-20687
Jack E. Commeford
Chapter 7
Adv#: 6:20-01050 Anderson v. Trujillo
#2.00
STATUS CONFERENCE re: Complaint by Karl T. Anderson against Ernest Trujillo. (Charge To Estate). ($350.00) Complaint for Approval of The Sale of Co-Owned Real Property Pursuant to § 363(h) Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h)))
(Cont. from 8/20/20)
Docket 1
*** VACATED *** REASON: Cont. to 1/26/21 @ 9:00 a.m. by order entered on 10/13/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Jack E. Commeford Represented By Keith Q Nguyen
Defendant(s):
Ernest Trujillo Represented By Scott Talkov
Plaintiff(s):
Karl T. Anderson Represented By Robert P Goe
Rafael R Garcia-Salgado
Trustee(s):
Karl T Anderson (TR) Represented By Robert P Goe
9:00 AM
6:19-16416
Carmencita Pacia
Chapter 7
Adv#: 6:20-01008 Anderson v. Pacia
#3.00
STATUS CONFERENCE re: Complaint by Karl T Anderson against Maria Victoria Pacia. (Charge To Estate). ($350.00) (Attachments: # 1 Adversary Cover Sheet # 2 Summons) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer))
(Cont. from 7/9/20)
Docket 1
*** VACATED *** REASON: Cont. to 1/26/21 @ 9:00 a.m. by order entered on 10/9/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Carmencita Pacia Represented By Natalie A Alvarado
Defendant(s):
Maria Victoria Pacia Pro Se
Joint Debtor(s):
Rolando Pacia Represented By Natalie A Alvarado
Plaintiff(s):
Karl T Anderson Represented By Robert P Goe Ryan S Riddles
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
6:20-12274
Absolute Care Assisted Living & Memory Care, LLC
Chapter 11
#4.00
CONT Hrg. on Chapter 11 Status Conference (Cont. from 9/8/20)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
Debtor's status reports should be more detailed.
Next status conference: February 23, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Absolute Care Assisted Living & Represented By
9:00 AM
CONT...
Absolute Care Assisted Living & Memory Care, LLC
Robert S Altagen
Chapter 11
9:00 AM
6:20-14155
Power Bail Bonds, Inc.
Chapter 11
#5.00
CONT Hrg. on Chapter 11 Subchapter V Status Conference (Cont. from 8/13/20)
Docket 0
*** VACATED *** REASON: Advanced to 10/20/20 calendar - jc Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
Trustee(s):
Caroline Renee Djang (TR) Pro Se
9:00 AM
6:20-14295
LCF LABS INC.
Chapter 11
#6.00
CONT Hrg. on Chapter 11 Status Conference (Cont. from 8/13/20)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into: (1) the Debtor's compliance with UST guidelines and requirements; and (2) the status of Debtor's attorney as continuing counsel for the Debtor (as opposed to a substitution of counsel).
Next status conference: February 23, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
LCF LABS INC.
Chapter 11
LCF LABS INC. Represented By Neil C Evans
Trustee(s):
Arturo Cisneros (TR) Pro Se
Tuesday, October 27, 2020
Hearing Room
225
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
#0.00
Hrg. on Havasu Lakeshore Investments, LLC Ex parte application for an Order to Lift Stay of Proceedings to allow HLI to file a competing plan of reorganization and disclosure statement and Set Hearing Date for Approval of HLI Disclosure Statement
Docket 504
Debtor(s):
*** VACATED *** REASON: Order entered 10/6/20 Vacating matter - jc Party Information
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
8:20-12704
Michael Kim
Chapter 13
#1.00
Hearing RE: Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate
(Motion filed 10-9-20) (Set per OST on 10-9-20)
[RE: 2600 Geneva Place, Fullerton, CA 92833-2023]
[Tele. appr., Jamie P. Dreher, repr., Hometap Holdings, Creditor] [Tele. appr., Andrew Still, repr., PS Funding, Inc., Creditor] [Tele. appr., Michael Franco, repr., Michael Kim, Debtor]
Docket 13
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Chapter 13 debtor Michael Kim ("Mr. Kim") filed a voluntary petition for relief under chapter 13 on June 24, 2020. The case was dismissed on August 24, 2020 for failure to file schedules. (These statements are set forth in the Motion, as hereinafter
9:00 AM
CONT...
Michael Kim
Chapter 13
defined, and are deemed admitted and established).
Mr. Kim then filed another voluntary petition under chapter 13, described in the Motion as an "emergency filing," on September 29, 2020. On October 9, 2020, Mr. Kim filed a Motion for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate, Docket No. 14 (the "Motion"). The Motion asks the Court to continue the automatic stay as to all creditors and also asks the Court to continue the automatic stay with respect to any and all actions against him and the estate taken concerning the debt/lease to secured creditors PS Funding Inc. ("PS") and Hometap Holdings. Mr. Kim applied for an order shortening time so that the Motion could be heard within the 30-day period specified in 11 U.S.C. § 362(c )(3) (B). The Court granted the application and set the Motion for hearing on October 28, 2020 at 9:00 a.m.
PS timely filed an opposition to the Motion on October 26, 2020, Docket No. 27 (the "Opposition"). The Opposition argues that Mr. Kim’s currently-pending chapter 13 case was not filed in good faith and, additionally, PS is not adequately protected. PS holds a first deed of trust on real property located at 2600 Geneva Place, Fullerton California 92833 (the "Property").
11 U.S.C. § 362(c )(3) generally provides in relevant part that if a single or joint case by or against an individual debtor in a case under chapter 13 was pending within the preceding 1-year period but was dismissed, the automatic stay with respect to any action taken with respect to a debt or property securing such debt terminates with respect to the debtor on the 30th day after the filing of the later case. However, if a party in interest (here, Mr. Kim) moves for continuation of the automatic stay, the Court may continue the automatic stay after notice and a hearing completed before the expiration of the 30-day period ". . . only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed . . . " 11 U.S.C. § 362(c )(3)(B).
9:00 AM
CONT...
Michael Kim
Chapter 13
Here, Mr. Kim has the burden of proving by a preponderance of the evidence that the filing of this case is in good faith. In re Castaneda, 342 B.R. 90, 94 (Bankr. S.D. Cal. 2006). Mr. Kim argues in the Motion that good faith is shown because he plans "to propose and provide for allowed secured claims in full [under a chapter 13 plan?] and there is significant equity in the property . . . Debtoir’s extended family to provide additional financial support to ensure compliance."
PS argues in the Opposition that Mr. Kim has less than $20,000 in equity in the Property and that PS is not adequately protected, having an equity cushion ranging between approximately 4 percent and 11 percent.
The Motion states in numbered paragraph 6 that evidence of good faith is supplied by a Declaration or, more cryptically, by a "supplemental filing or incorporation by reference" upon filing of completed schedules. The Court has been unable to locate any such declaration or additional evidence.
The Court determines that Mr. Kim has failed to meet his burden of proving good faith by a preponderance of the evidence. Additionally, because his prior chapter 13 case was dismissed within the one year-period because of his failure to file documents required to be filed by Title 11 or this Court, 11 U.S.C. § 362(c )(3)(i)(II) (aa), this case is presumptively not filed in good faith. Although this presumption can be rebutted, rebuttal requires clear and convincing evidence. Evidence meeting this standard is not present here.
For these two independent reasons, the Court denies the Motion with prejudice.
Party Information
Debtor(s):
Michael Kim Represented By
Michael D Franco
Trustee(s):
9:00 AM
CONT...
Michael Kim
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:18-10218
Lourdes Watters
Chapter 13
#1.00
CONT'D Motion for relief from stay [Real Property]
MTGLQ Investors, LP, Its Assignees And/Or Successors vs. DEBTOR (Motion filed 7/27/2020)
[RE : 23905 Matador Way, Murrieta, CA 92562]
FR: 8-24-20; 10-5-20
Docket 51
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO CONTINUE HEARING TO DECEMBER 7, 2020 AT 9:00 AM ENTERED ON 10-13-20 (DOCKET NO. 65)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Lourdes Watters Represented By Bryn C Deb
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:18-14189
Robert Matthew Coburn and Sharon Ann Young
Chapter 13
#2.00
Motion for relief from stay [Real Property]
Planet Home Lending, LLC vs DEBTORS (Motion filed 9-30-20)
[RE: 17 Abbeywood Lane, Aliso Viejo, California 92656]
Docket 68
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING ADEQUATE PROTECTION AGREEMENT ENTERED ON 10-30-20 (DOCKET NO. 76).
Tentative Ruling:
- NONE LISTED -
Party Information
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
9:00 AM
8:19-11435
Ernesto Rafael Montalvo
Chapter 13
#3.00
CONT'D Motion for relief from stay [Real Property]
The Money Source, Inc. vs. DEBTOR (Motion filed 3/24/2020)
[RE: N1652 Williams Plz, Lake Geneva, Wisconsin 53147]
FR: 4-20-20; 6-8-20; 8-10-20
Docket 97
*** VACATED *** REASON: ORDER GRANTING TRUSTEE'S MOTION TO DISMISS CASE ENTERED ON 9-22-20 (DOCKET NO. 119).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Ernesto Rafael Montalvo Represented By Claudia C Osuna
Movant(s):
The Money Source Inc. Represented By Natalie E Lea Kirsten Martinez
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-13264
Mehmet Gokhan Bulak
Chapter 13
#4.00
Motion for relief from stay [Real Property]
Metropolitan Life Insurance Company vs DEBTOR (Motion filed 9-30-20)
[RE: 4 Altezza Drive, Mission Viejo, California 92692]
Docket 39
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
Mehmet Gokhan Bulak Represented By
Raj T Wadhwani
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-12323
Eduardo C Lagman and Leticia M Lagman
Chapter 7
#5.00
Motion for relief from stay [Personal Property]
Daimler Trust vs DEBTORS (Motion filed 9-28-20)
[RE: 2019 Mercedes-Benz C300W, VIN: WDDWF8DBXKR463075]
Docket 11
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Debtor(s):
Eduardo C Lagman and Leticia M Lagman
Party Information
Chapter 7
Eduardo C Lagman Represented By Marlin Branstetter
Joint Debtor(s):
Leticia M Lagman Represented By Marlin Branstetter
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
8:20-12671
Robert Jones
Chapter 7
#6.00
Motion for relief from stay [Unlawful Detainer]
Wei Qu vs DEBTOR (Motion filed 10-9-20)
[RE: 800 Beacon, Irvine, CA 92618]
Docket 14
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2). This motion has been filed to proceed with an unlawful detainer action. This action must go forward because the debtor's right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed.
The 14-day stay provided by Rule 4001(a)(3) is waived. All other requests for extraordinary relief are denied.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
Robert Jones
Party Information
Chapter 7
Robert Jones Pro Se
Movant(s):
Wei Qu Represented By
Cynthia S Poer
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
8:16-10045
C & W Murphy and Associates, Inc.
Chapter 7
#1.00
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 9/23/2020)
[RE: Weneta M.A. Kosmala - Chapter 7 Trustee] [Fees: $11,969.77; Expenses: $244.04]
[RE: Law Offices of Weneta M.A. Kosmala - Trustee's Attorney] [Fees: $120,000.00; Expenses: $1,231.08]
[RE: Hahn Fife & Company - Accountant For Trustee] [Fees: $5,512.50; Expenses: $544.90]
Docket 318
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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
2:00 PM
CONT...
C & W Murphy and Associates, Inc.
Chapter 7
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
$11,969.77 and expenses in the amount of $244.04.
The compensation is approved as to the Law Offices of Weneta Kosmala, with fees in the amount of $120,000.00 and expenses in the amount of $1,231.08.
The compensation is approved as to Hahn Fife & Co., with fees in the amount of
$5,512.50 and expenses in the amount of $544.90.
Fees to the Bankruptcy Court and International Sureties are approved.
CHAPTER 7 TRUSTEE TO LODGE A SINGLE OMNIBUS ORDER COVERING ALL FEES AND EXPENSES VIA LOU WITHIN 7 DAYS.
Party Information
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
8:17-12086
Kenneth Swarth
Chapter 7
#2.00
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 9/18/2020)
[RE: Richard A Marshack, Chapter 7 Trustee] [Fees: $2,630.00; Expenses: $60.95]
[RE: Hahn Fife & Company - Accountant For Trustee] [Fees: $1,000.00; Expenses: $0.00]
Docket 40
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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).
2:00 PM
CONT...
Kenneth Swarth
Chapter 7
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of $2,630.00 and expenses in the amount of $60.95.
The compensation is approved as to Hahn Fife & Co., with fees in the amount of
$1,000.00 and expenses in the amount of $0.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Kenneth Swarth Represented By Halli B Heston
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
8:18-11872
Dorian Ignacio Gomez Horta
Chapter 7
#3.00
Hearing RE: Motion To Dismiss Case With 180-Day Prohibition Against Commences Of New Case
(Motion filed 9-29-20)
Docket 67
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant. Dismiss with a 180-day ban.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Dorian Ignacio Gomez Horta Represented By Brenda E Vargas
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
8:18-14203
Pacific Foods & Distribution, Inc.
Chapter 7
#4.00
Hearing RE: Chapter 7 Trustee's Motion for Order Disallowing Claims Requesting Priority for Lack of Documentation for the Following: (Motion filed 9-30-20)
Claim No. 25 David Ramirez $33,080.00
Claim No. 27 Guillermo Torres $34,734.00
Docket 139
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF MOTION FILED 10/28/20 (DOCKET NO. 154).
Tentative Ruling:
- NONE LISTED -
Party Information
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
8:20-11023
2808 Ocean Blvd. LLC, a Texas Limited Liability Co
Chapter 11
#5.00
Hearing RE: Debtor-in-Possession's Motion for Order Further Extending:
The Deadline to File a Plan Under Section 362(d)(3)
The Exclusive Period to File its Plan and to Obtain Acceptance of the Debtor's Plan Pursuant to 11 U.S.C. §§ 1121 and 363(d)(3)
(Motion filed 9-21-20)
Docket 59
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
DEBTOR AND DIP TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
2808 Ocean Blvd. LLC, a Texas Represented By Jeffrey I Golden Beth Gaschen David M Goodrich
2:00 PM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
#6.00
Hearing RE: Motion of Trustee Requesting Approval of Bidding Procedures For the Sale of the Specified Assets of the Debtor
(Motion filed 10-26-20)
Docket 643
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant the Motion and approve the proposed bidding procedures. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad
2:00 PM
CONT...
South Coast Behavioral Health, Inc.
Sean A OKeefe Nanette D Sanders
Chapter 11
2:00 PM
6:17-17842
Daniel Lawrence Cohen
Chapter 7
#1.00
Hrg. on Chapter 7 Trustee's Motion filed 10/9/20 to Close Case but Retain Estate's Interest in Promissory Note as Asset of Estate
Docket 70
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Grant the Motion and close the case.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Daniel Lawrence Cohen Represented By Robert L Firth
Trustee(s):
John P Pringle (TR) Represented By
D Edward Hays Tinho Mang
2:00 PM
CONT...
Daniel Lawrence Cohen
Chapter 7
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
#2.00
CONT Hrg. on Plan Proponents' Motion and Joint Motion (i) to Modify Second Amended Plan of Reorganization dated November 1, 2018 (as modified per instructions from court) and (ii) for entry of Order Confirming Second Amended Plan as Modified
(Cont. from 5/19/20)
Docket 0
*** VACATED *** REASON: ORDER DENYING MOTION ENTERED ON 10/6/20 (DOC. 514)
Tentative Ruling:
Party Information
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
#3.00
CONT Hrg. on Chapter 11 Status Conference From: 5/21/20
Docket 0
*** VACATED *** REASON: CONTINUED TO 11/19/20 @ 2:00 P.M. BY ORDER ENTERED ON 10/26/20
Tentative Ruling:
Party Information
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
Adv#: 6:17-01272 Fleming, Sr et al v. Doucette et al
#4.00
CONT STATUS CONFERENCE Re: 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., ]
From: 5/21/20
Docket 0
*** VACATED *** REASON: CONTINUED TO 11/19/20 @ 2:00 P.M. BY ORDER ENTERED ON 10/26/20
Tentative Ruling:
- NONE LISTED -
Party Information
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
Plaintiff(s):
Terry Lee Fleming Sr Represented By
2:00 PM
CONT...
Terry Lee Fleming, Sr
James E Till James E Till James E Till
Chapter 11
Havasu Lakeshore Investments Represented By Martin A Eliopulos
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
Adv#: 6:17-01273 Havasu Lakeshore Investments v. Fleming, Jr et al
#5.00
CONT STATUS CONFERENCE Hearing RE: lawsuit pending in State Court to Bankruptcy Court
(Notice of Removal filed 12/13/17)
From: 5/21/20
[RE: Superior Court Of The State Of California For The County Of Orange, Case No 30-2015-00805846-CU-FRCJC ]
[Case: Havasu Lakeshore Investments, LLC v. Terry L. Fleming, Sr. et al., ]
Docket 0
*** VACATED *** REASON: CONTINUED TO 11/19/20 @ 2:00 P.M. BY ORDER ENTERED ON 10/26/20
Tentative Ruling:
- NONE LISTED -
Party Information
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
2:00 PM
CONT...
Terry Lee Fleming, Sr
James E Till
Chapter 11
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
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
Adv#: 6:18-01046 Havasu Lakeshore Investments v. Fleming, Sr
#6.00
CONT 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 6/4/20)
Docket 1
*** VACATED *** REASON: CONTINUED TO 11/19/20 @ 2:00 P.M. BY ORDER ENTERED ON 10/26/20
Tentative Ruling:
- NONE LISTED -
Party Information
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
2:00 PM
6:19-15128
Nadia Ahmad
Chapter 7
#7.00
Hrg. on creditor, Country of Los Angeles' Motion filed 10/2/20 for Sixth and Final Extension of time to file Objection to Discharge or Dischargeability of specific debts pursuant to 11 U.S.C. §§727 and 523
Docket 52
*** VACATED *** REASON: Order Approving Motion Entered on 10/5/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Nadia Ahmad Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
6:20-14295
LCF LABS INC.
Chapter 11
#8.00
Hrg. on creditor, Akbar Razavi's Motion filed 10/8/20 to Remove the Debtor from Possession and Either Order the Appointment of a Chapter 11 Trustee or the Expansion of the Subchapter V Trustee's Authorities and Duties
Docket 81
*** VACATED *** REASON: CONTINUED TO 12/22/20 @ 2:00 P.M. BY ORDER ENTERED ON 10/27/20
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden
Trustee(s):
Arturo Cisneros (TR) Represented By Arturo M Cisneros
2:00 PM
6:16-20446
BioData Medical Laboratories, Inc.
Chapter 7
#9.00
CONT. Hrg. on trustee's final report; applications for compensation
[Re: Todd Frealy, chapter 7 trustee]
[Fees; Total Requested; $50,000,00; Proposed payment $14,446.82; Expenses;Total Requested; $614.71 proposed payment; $177.61]
[Re: Levene Neale Bender Yoo & Brill, attorneys for chapter 7 trustee] [Fees; Total Requested $495,259.20; Proposed Payment; $143,098.39; Expenses; Total Requested; $69,166.28; Proposed Payment $19,984.65]
[Re: Donald T. Fife, accountant for trustee]
[Fees; Total Requested; $24,791.00; Proposed Payment; $7,163.02; Expenses; Total Requested; $562.60; Proposed Payment; $162.56]
From: 10/20/20
Docket 0
Tentative Ruling:
2:00 PM
CONT...
BioData Medical Laboratories, Inc.
Chapter 7
TELEPHONIC APPEARANCES REQUIRED.
The Court believes it is improper for a chapter 7 trustee to ask professionals to do work that benefits the bankruptcy with the intention of not paying such professionals for their work. The Court will overrule the objection and allow fees to Mr. Yaspan of
$16,357.00 and expenses of $1,593.69 for a total of $17,950.69. MR. YASPAN TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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 Kurt Ramlo
9:00 AM
8:15-15715
William John Murphy
Chapter 7
Adv#: 8:16-01147 Vohne Liche Kennels, Inc. et al v. Murphy et al
#1.00
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; 11-13-19;
5-13-20; 7-15-20
Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING ADVERSARY CASE ENTERED ON 9-14-20 (DOCKET NO. 86).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
William John Murphy Represented By Sean A OKeefe
Michael N Nicastro
Defendant(s):
William John Murphy Represented By Sean A OKeefe
Cheryl Lynn Murphy Represented By Sean A OKeefe
Joint Debtor(s):
Cheryl Lynn Murphy Represented By Sean A OKeefe
9:00 AM
CONT...
William John Murphy
Chapter 7
Plaintiff(s):
Vohne Liche Kennels, Inc. Represented By Neal Salisian Jack I Siegal
VLK Risk Consultants, Inc. Represented By Neal Salisian Jack I Siegal
Trustee(s):
Jeffrey I Golden (TR) Represented By Jason Balitzer Steven Werth
9:00 AM
8:16-15208
Michael Younessi
Chapter 11
#2.00
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; 9-25-19; 2-19-20; 5-13-20
Docket 11
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION FOR AN ORDER CLOSING CASE ON INTERIM BASIS ENTERED ON 10-22-20. (DOCKET NO. 328).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
9:00 AM
8:16-15208
Michael Younessi
Chapter 11
#3.00
CONT'D STATUS CONFERENCE 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; 9-25-19; 9-25-19; 2-19-20; 5-13-20
Docket 226
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION FOR AN ORDER CLOSING CASE ON INTERIM BASIS ENTERED ON 10-22-20. (DOCKET NO. 328).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
Movant(s):
Michael Younessi Represented By Michael Jones Michael Jones Sara Tidd Sara Tidd
9:00 AM
8:16-15208
Michael Younessi
Chapter 11
Adv#: 8:17-01051 Diamond Enterprises, LTD., LP v. Younessi
#4.00
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; 9-25-19; 2-19-20; 5-13-20
Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING ADVERSARY PROCEEDING ENTERED ON 10-30-20. (DOCKET NO.
162).
Tentative Ruling:
- NONE LISTED -
Party Information
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 Annie Y Stoops
9:00 AM
8:16-15208
Michael Younessi
Chapter 11
Adv#: 8:17-01051 Diamond Enterprises, LTD., LP v. Younessi
#5.00
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; 9-25-19; 5-13-20
Docket 78
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION FOR AN ORDER CLOSING CASE ON INTERIM BASIS ENTERED ON 10-22-20. (DOCKET NO. 328).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
Defendant(s):
Michael Younessi Represented By
Roger Frederickson
Movant(s):
Michael Younessi Represented By
Roger Frederickson
Plaintiff(s):
Diamond Enterprises, LTD., LP Represented By
M Douglas Flahaut Annie Y Stoops
9:00 AM
8:16-15208
Michael Younessi
Chapter 11
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
#6.00
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; 9-25-19; 2-19-20; 5-13-20
Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING ADVERSARY PROCEEDING ENTERED ON 10-30-20 (DOCKET NO.
127).
Tentative Ruling:
- NONE LISTED -
Party Information
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
8:17-12832
Maggie Liu
Chapter 7
Adv#: 8:19-01149 Marshack v. Liu et al
#7.00
CONT STATUS CONFERENCE RE: Complaint for: (1) Avoidance, recovery, and preservation of constructive fraudulent transfer; and (2) Avoidance, recovery, and preservation of actual fraudulent transfer
(Complaint filed 7/17/19)
[Case transferred from CB on 7/31/2020]
Fr: 10/8/19, 11/26/19, 1/21/20, 4/28/20
Docket 1
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF ADVERSARY PROCEEDING FILED 10/29/20 (DOCKET NO. 18).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Maggie Liu Represented By
Bert Briones
Defendant(s):
Alice Liu Pro Se
Christian Liu Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Laila Masud
D Edward Hays
Trustee(s):
Richard A Marshack (TR) Represented By Laila Masud
9:00 AM
CONT...
Maggie Liu
Chad V Haes
D Edward Hays
Chapter 7
9:00 AM
8:19-11218
US Direct LLC
Chapter 7
Adv#: 8:20-01099 Golden v. Syndimate 2017, LP et al
#8.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Voidable Transfers
(Complaint filed 6/10/2020) FR: 8-26-20; 9-23-20
Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING STATUS CONFERENCE TO FEBRUARY 10, 2021 AT 9:00 AM ENTERED ON 10/29/20 (DOCKET NO. 38).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
US Direct LLC Pro Se
Defendant(s):
Syndimate 2017, LP Pro Se
Syndimate, LLC Pro Se
Fundomate, Inc. Pro Se
Funders Cloud, LLC Pro Se
Plaintiff(s):
Jeffrey I. Golden Represented By Roye Zur
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
9:00 AM
CONT...
US Direct LLC
Chapter 7
9:00 AM
8:19-12322
9025 Colorado Ave., LLC
Chapter 7
Adv#: 8:20-01116 Marshack v. Unique Funding Solutions, LLC et al
#9.00
STATUS CONFERENCE Hearing RE: Complaint for:
Avoidance, Preservation, and Recovery of Preferential Transfers [11 U.S.C. Sections 547, 550, 551]
Usury [Cal. Const. Art. XV Section 1]
Civil Liability for Violations of the Racketeer Influenced Corrupt Organizations Act [18 U.S.C. Sections 1962, 1964]
Violations of the California Unfair Competition Law (Cal. Bus. & Prof. Code Sections 17200 et seq.)
Unconscionable Contract (Cal. Civ. Code Section 1670.5)
Money Had and Received
Avoidance, Preservation, and Recovery of Constructive Fraudulent Transfers [11 U.S.C. Sections 548, 550, 551]
(Complaint filed 8/11/20)
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will set a deadline of March 31, 2021 for hearing a motion for default judgment against Defendants Region Capital, LLC and Kash Kapital, LLC.
9:00 AM
CONT...
9025 Colorado Ave., LLC
Chapter 7
The Court continues the status conference to April 14, 2021 at 9:00 a.m. with an updated status report due March 31, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
9025 Colorado Ave., LLC Represented By
Blake J Lindemann
Defendant(s):
Unique Funding Solutions, LLC Pro Se
Kash Kapital, LLC Pro Se
Region Capital, LLC Pro Se
Plaintiff(s):
Richard A. Marshack Represented By Tinho Mang
D Edward Hays
Trustee(s):
Richard A Marshack (TR) Represented By
D Edward Hays Tinho Mang
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
#10.00
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; 11-25-19; 3-18-20; 4-22-20; 7-8-20
Docket 59
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into: (1) the Debtor's compliance with UST guidelines and requirements, and (2) whether Debtor anticipates bids for parties other than the stalking horse bidder.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
9:00 AM
CONT...
Trustee(s):
South Coast Behavioral Health, Inc.
Chapter 11
Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders
9:00 AM
8:19-13374
Martha S Adair
Chapter 11
#11.00
CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 8/29/19)
FR: 1-22-20; 2-26-20; 6-3-20; 10-21-20
Docket 40
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
Next status conference: December 16, 2020 at 2:00 p.m. No status report is required. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Martha S Adair Represented By
9:00 AM
CONT...
Martha S Adair
Richard H Golubow
Chapter 11
9:00 AM
8:19-13374
Martha S Adair
Chapter 11
#12.00
CONT'D Hearing RE: Debtor's 1st Amended Disclosure Statement In Support Of Debtor's Chapter 11 Plan Of Reorganization
(D.S. filed 8-31-20)
FR: 10-21-20
Docket 121
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will approve the disclosure statement with several minor changes. The Court will issue a scheduling order:
Plan, disclosure statement, and ballots to be served on or before November 11, 2020.
Ballots and objections to plan confirmation due November 25, 2020.
Replies to objections and the plan confirmation memorandum are due December 2, 2020.
The Plan Confirmation Hearing is set for December 16, 2020 at 2:00 p.m. COURT TO PREPARE ORDER.
9:00 AM
CONT...
Debtor(s):
Martha S Adair
Party Information
Chapter 11
Martha S Adair Represented By Richard H Golubow
2:00 PM
8:20-11304
Rubymae Macadaeg Bishop
Chapter 13
#1.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 7-2-20; 8-13-20; 9-9-20
Docket 9
*** VACATED *** REASON: OFF CALENDAR - CASE CONVERTED TO CHAPTER 7 ON 11/2/20 (DOCKET NO. 34).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Rubymae Macadaeg Bishop Represented By Richard G Heston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12011
Rosa Maria Dominguez
Chapter 13
#2.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 10-7-20
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Rosa Maria Dominguez Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12046
Michelle De La Cruz
Chapter 13
#3.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 10-7-20
Docket 30
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Michelle De La Cruz Represented By Nima S Vokshori
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12109
Christy Celeste Camp Quade and Trever Alan Quade
Chapter 13
#4.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 10-7-20
Docket 7
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Christy Celeste Camp Quade Represented By Tate C Casey
Joint Debtor(s):
Trever Alan Quade Represented By Tate C Casey
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12191
Silvia Elena Perez De Lue
Chapter 13
#5.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 10-7-20
Docket 27
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Silvia Elena Perez De Lue Represented By Rhonda Walker
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12220
Veronica Mae Duffy
Chapter 13
#6.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 10-7-20
Docket 19
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Veronica Mae Duffy Represented By Steven A Alpert
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12227
Alvaro Garcia
Chapter 13
#7.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 10-7-20
Docket 21
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Alvaro Garcia Represented By Jaime A Cuevas Jr.
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12248
Kenneth E. Hickson
Chapter 13
#8.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 10-7-20
Docket 6
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Kenneth E. Hickson Represented By Joseph C Rosenblit
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12255
Fred Carlos Martinez and Dianne Joanne Martinez
Chapter 13
#9.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 10-7-20
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Fred Carlos Martinez Represented By Andrew Moher
Joint Debtor(s):
Dianne Joanne Martinez Represented By Andrew Moher
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12267
Barbara Goicochea
Chapter 13
#10.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 10-7-20
Docket 28
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Barbara Goicochea Represented By Lauren M Foley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12327
Avi Maltzman
Chapter 13
#11.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Avi Maltzman Represented By
David Samuel Shevitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12425
Murishonta Benjamin Valenti
Chapter 13
#12.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Murishonta Benjamin Valenti Represented By
Raj T Wadhwani
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12331
Mary Fausto
Chapter 13
#13.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 1
*** VACATED *** REASON: OFF CALENDAR - CASE DISMISSED ON 9-8-20 FOR FAILURE TO FILE SCHEDULES/ STATEMENTS, AND/OR PLAN AS DOCKET NO. 10.
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Mary Fausto Represented By
Anthony P Cara
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:17-12792
Abel Mercado
Chapter 13
#1.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))
(Motion filed 8-6-20)
(Set per opposition and notice filed 8-31-20) [Case transferred from CB on 7/31/2020]
FR: 10-7-20
Docket 86
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO MODIFY CHAPTER 13 PLAN ENTERED ON 11-3-20 (DOCKET NO. 102).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Abel Mercado Represented By Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:17-14010
Alvin Bradley, Jr. and Nikki Michelle Bradley
Chapter 13
#2.00
CONT Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))
(Motion filed 8-6-20)
(Set per notice and opposition filed 8-17-20) [Case transferred from CB on 7/31/2020]
FR: 9-9-20
Docket 52
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Chapter 13 Trustee's views with respect to Debtor's latest motion to modify their plan, filed Nov. 2, 2020 (Docket No. 67).
Party Information
Debtor(s):
Alvin Bradley Jr. Represented By
Richard Mark Garber
3:00 PM
CONT...
Alvin Bradley, Jr. and Nikki Michelle Bradley
Chapter 13
Joint Debtor(s):
Nikki Michelle Bradley Represented By
Richard Mark Garber
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:17-14010
Alvin Bradley, Jr. and Nikki Michelle Bradley
Chapter 13
#3.00
Hearing RE: Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments
(Motion filed 9-30-20)
(Set per notice of hearing filed 9-30-20)
Docket 55
*** VACATED *** REASON: OFF CALENDAR - VOLUNTARY DISMISSAL OF MOTION FILED ON 11-2-20 (DOCKET NO. 67).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Alvin Bradley Jr. Represented By
Richard Mark Garber
Joint Debtor(s):
Nikki Michelle Bradley Represented By
Richard Mark Garber
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:17-14686
Ernesto Gonzalez
Chapter 13
#4.00
CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))
(Motion filed 8/6/2020)
(Set per opposition filed 8-25-20)
[Case transferred from CB on 7/31/2020]
FR: 10-7-20
Docket 63
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO MODIFY CHAPTER 13 PLAN ENTERED ON 10/30/20 (DOCKET NO. 71).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Ernesto Gonzalez Represented By Michael D Franco
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:17-14694
Jose Jorge Perez
Chapter 13
#5.00
CONT Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))
(Motion filed 8-6-20)
(Set Per Opposition filed 8-17-20)
[Case transferred from CB on 7/31/2020]
FR: 9-9-20
Docket 54
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Jose Jorge Perez Represented By Jaime A Cuevas Jr.
3:00 PM
CONT...
Trustee(s):
Jose Jorge Perez
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:17-14694
Jose Jorge Perez
Chapter 13
#6.00
Hearing RE: Motion Under Local Bankruptcy Rule 3015-1 (n) and (w) to Modify Plan or Suspend plan Payments
(Motion filed 10-2-20)
Docket 60
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Deny the motion to modify for the reasons argued by the Chapter 13 Trustee. CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Jose Jorge Perez Represented By Jaime A Cuevas Jr.
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:18-11797
Teresa Ruiz
Chapter 13
#7.00
CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))
(Motion filed 8-7-20)
(Set per opposition filed 8-19-20)
FR: 10-7-20
Docket 49
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO MODIFY CHAPTER 13 PLAN ENTERED ON 10-30-20 (DOCKET NO. 57)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Teresa Ruiz Represented By
Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:18-13760
Juana Pierda Mondragon
Chapter 13
#8.00
CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))
(Motion filed 8-7-20)
(Set per opposition and notice filed 8-20-20)
FR: 10-7-20
Docket 112
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will deny the motion to dismiss (or permit the Chapter 13 Trustee to withdraw the motion) and grant the Debtor's motion to modify the plan, provided that Debtor accepts the terms and conditions stated by the Trustee with respect to the motion to modify.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Juana Pierda Mondragon Represented By
3:00 PM
CONT...
Trustee(s):
Juana Pierda Mondragon
Bryn C Deb
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:18-14072
Francisco Javier Andrade
Chapter 13
#9.00
CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))
(Motion filed 8/7/2020)
(Set per opposition filed 8-25-20)
[Case transferred from CB on 7/31/2020]
FR: 10-7-20
Docket 53
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO MODIFY CHAPTER 13 PLAN ENTERED ON 10-30-20 (DOCKET NO. 68)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Francisco Javier Andrade Represented By Michael D Franco
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:18-14190
Marsha Ann Daguio
Chapter 13
#10.00
CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))
(Motion filed 8-7-20)
(Set per Notice and Opposition filed 8-20-20) [Case transferred from CB on 7/31/2020]
FR: 10-7-20
Docket 52
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL FILED 10-26-20 (DOCKET NO. 63).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Marsha Ann Daguio Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-10255
Maria Lucia Aguilar
Chapter 13
#11.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8-7-20)
(Set Per Opposition filed 8-17-20)
FR: 9-9-20
Docket 29
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO MODIFY CHAPTER 13 PLAN ENTERED ON 10-29-20 (DOCKET NO. 39).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Maria Lucia Aguilar Represented By Jaime A Cuevas Jr.
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-10738
Alfredo Alvarado
Chapter 13
#12.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 10-1-20)
(Set per opposition filed 10-13-20)
Docket 70
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL FILED 10-26-20 (DOCKET NO. 75).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Alfredo Alvarado Represented By Norma Duenas
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-11271
Nathan Christopher Harris
Chapter 13
#13.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 10-1-20)
(Set per opposition filed 10-12-20)
Docket 48
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the Motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Nathan Christopher Harris Represented By
D Justin Harelik
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-11441
Peter Mininsohn
Chapter 13
#14.00
CONT Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))
(Motion filed 8-7-20)
(Set per Notice and Opposition filed 8-17-20) [Case transferred from CB on 7/31/2020]
FR: 9-9-20
Docket 63
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL FILED 10-26-20 (DOCKET NO. 76).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Peter Mininsohn Represented By Amanda G Billyard
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-11657
Paul Castelli
Chapter 13
#15.00
CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))
(Motion filed 8-7-20)
(Set Per Opposition filed 8-31-20)
[Case transferred from CB on 7/31/2020]
FR: 10-7-20
Docket 40
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO MODIFY CHAPTER 13 PLAN ENTERED ON 10-30-20 (DOCKET NO. 52).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Paul Castelli Represented By
Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
Wednesday, November 4, 2020 Hearing Room 5D
3:00 PM
8:19-11790
Felisa Eugenia Harris-Mitchell
Chapter 13
#16.00
CONT'D Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))
(Motion filed 8/7/2020)
(Set per opposition filed 8-21-20)
[Case transferred from CB on 7/31/2020]
FR: 10-7-20
Docket 39
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL FILED 10-26-20 (DOCKET NO. 51).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Felisa Eugenia Harris-Mitchell Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-14094
Bettina R. Celifie
Chapter 13
#17.00
CONT'D Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 2/4/2020)
[Case transferred from CB on 7/31/2020]
FR: 3-12-20; 4-9-20; 6-11-20; 9-9-20
Docket 33
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the Motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Bettina R. Celifie Represented By
James D. Hornbuckle
3:00 PM
CONT...
Movant(s):
Bettina R. Celifie
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-14094
Bettina R. Celifie
Chapter 13
#18.00
Hearing RE: Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments
(Motion filed 9-8-20)
(Set per notice filed 9-23-20)
Docket 51
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Deny the Motion to Modify for the reasons argued by the Chapter 13 Trustee. CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Bettina R. Celifie Represented By
James D. Hornbuckle
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:16-11088
Kathy L Baker
Chapter 13
#19.00
Hearing RE: Motion for Order Disallowing Claim of John Burroughs Peabody,
Claim No.16
(Motion filed 9-30-20)
Docket 51
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain and disallow Claim No. 16 in its entirety. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Kathy L Baker Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:18-10264
Mindy Gay Kennedy Alvarez
Chapter 13
#20.00
Hearing RE: Creditor's Motion for New Hearing or New Consideration of Motion to Reopen Case, Or in the Alternative, For Relief From Order
(Motion filed 10-13-20)
Docket 155
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court continues this hearing to January 28, 2021 at 8:00 p.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Mindy Gay Kennedy Alvarez Represented By
Misty A Perry Isaacson
3:00 PM
CONT...
Trustee(s):
Mindy Gay Kennedy Alvarez
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-14538
Sean Williams and Beverly Williams
Chapter 13
#21.00
Hearing RE: Objection to Proof of Claim:
(Motion filed 10-2-20)
No. 8 Claimant Valencia Condominium Association $11,4753.76 No. 9 Claimant Valencia Condominium Association $3572.19
Docket 91
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF MOTION FILED 10-28-20 (DOCKET NO. 96).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Sean Williams Represented By Nima S Vokshori
Joint Debtor(s):
Beverly Williams Represented By Nima S Vokshori
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-14867
Mien Van Le and Denise Phuong Nguyen
Chapter 13
#22.00
CONT'D Hearing RE: Objection To Proof Of Claim: (Motion filed 8/25/20)
[Case transferred from CB on 7/31/2020]
Claim No. 13 Charlie K. Pak $4,824.01 FR: 10-7-20
Docket 59
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Charlie Pak was served care of Mr. Collin's law office. The claim objection is sustained and Pak's claim is disallowed in its entirety as a late-filed claim. Mr. Pak has failed to make a sufficient showing of excusable neglect.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Mien Van Le Represented By
3:00 PM
CONT...
Mien Van Le and Denise Phuong Nguyen
Sunita N Sood
Chapter 13
Joint Debtor(s):
Denise Phuong Nguyen Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-14867
Mien Van Le and Denise Phuong Nguyen
Chapter 13
#23.00
Hearing RE: Objection To Proof Of Claim: (Motion filed 8/25/20)
[Case transferred from CB on 7/31/2020]
Claim No. 14 Jonathan Brown $7,220.94 FR: 10-7-20
Docket 61
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Jonathan Brown was served was served care of Mr. Collin's law office. The claim objection is sustained and Brown's claim is disallowed in its entirety as a late-filed claim. Mr. Brown has failed to make a sufficient showing of excusable neglect.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
3:00 PM
CONT...
Debtor(s):
Mien Van Le and Denise Phuong Nguyen
Chapter 13
Mien Van Le Represented By
Sunita N Sood
Joint Debtor(s):
Denise Phuong Nguyen Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-14867
Mien Van Le and Denise Phuong Nguyen
Chapter 13
#24.00
CONT'D Hearing RE: Objection To Proof Of Claim: (Motion filed 8/25/20)
[Case transferred from CB on 7/31/2020]
Claim No. 15 Michael J. Wade $9,294.71 FR: 10-7-20
Docket 63
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Michael J. Wade was served care of Mr. Collin's law office. The claim objection is sustained and Wade's claim is disallowed in its entirety as a late-filed claim. Mr.
Wade has failed to make a sufficient showing of excusable neglect. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
3:00 PM
CONT...
Debtor(s):
Mien Van Le and Denise Phuong Nguyen
Chapter 13
Mien Van Le Represented By
Sunita N Sood
Joint Debtor(s):
Denise Phuong Nguyen Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:20-12365
Murat Atli
Chapter 13
#25.00
Hearing RE: Motion of U.S. 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 9-29-20)
Docket 21
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire of the UST whether the Disclosure of Compensation of Attorney for Debtor(s), Docket No. 25, filed Oct. 21, 2020, moots this motion. The Disclosure states that counsel's fee for the case is zero.
Party Information
Debtor(s):
Murat Atli Represented By
Timothy L McCandless
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:16-13648
Richard Eugene Bresnahan
Chapter 13
#26.00
Hearing RE: Renewed Objection to Claim (Motiln filed 10-6-20)
Claim No. 3-1 Sage de Beixedon Breslin
Docket 131
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will waive the short (by one day) notice and grant Debtor's motion. There is no evidence Debtor's income exceeded $80,000.00 during the relevant time period.
Therefore, the contingency was not triggered and the claim is zero. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Richard Eugene Bresnahan Represented By Richard G Heston
3:00 PM
CONT...
Trustee(s):
Richard Eugene Bresnahan
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:16-13648
Richard Eugene Bresnahan
Chapter 13
#27.00
Hearing RE: Renewed Motion for Order Estimating Value Claim 3-1 of Sage Debeixedon Breslin
(Motion filed 10-6-20)
Docket 132
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant the Motion and estimate the claim at zero. Debtor's uncontradicted evidence shows that Debtor's income for the relevant period was always below $80,000.00, and therefore, the contingency was never triggered.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Richard Eugene Bresnahan Represented By Richard G Heston
3:00 PM
CONT...
Trustee(s):
Richard Eugene Bresnahan
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
6:19-12394
Michael Walter Maynard, II
Chapter 7
Adv#: 6:19-01095 Golden 1 Credit Union v. Maynard, II
#1.00
PRE-TRIAL 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))
(Cont. from 5/7/20)
Docket 1
*** VACATED *** REASON: Stipulated Judgment signed and entered on 7/28/20 (doc.48) - jc
Tentative Ruling:
- NONE LISTED -
Party Information
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
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
6:19-16545
DDI Distribution of California LLC
Chapter 7
Adv#: 6:20-01118 Bui v. PAL Distribution, Inc. et al
#2.00
CONT STATUS CONFERENCE re: Complaint by Lynda Bui against PAL Distribution, Inc., Peter Larios, Jose Castellanos. (Charge To Estate). ($350.00) for 1) Breach of Fiduciary Duty [11 U.S.C. § 541; Cal. Corp. Code § 17704.09; Cal. Civ. Code §§ 3294 and 3333]; 2) Violation of Cal. Penal Code Section 496(a); 3) Conversion; 4) Unjust Enrichment [11 U.S.C. § 105]; 5) Avoidance of Intentional Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550; Cal. Civ. Code §§ 3439.04, 3439.07]; 6) Avoidance of Constructive
Fraudulent Transfers and Recovery of Same [11 U.S.C. §§ 544, 548, 550; Cal. Civ. Code §§3439.04, 3439.05, 3439.07]; 7) Preservation of Avoided Transfers [11 U.S.C. § 551]; 8) Disallowance of Claims [11 U.S.C. § 502(d)]; and 9) Turnover of Property of the Estate [11 U.S.C. § 542] Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment)) (Iskander, Brandon) Modified on 6/24/2020
(Cont. from 9/10/20)
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
9:00 AM
CONT...
DDI Distribution of California LLC
Chapter 7
The Court will order this Adversary Proceeding into mediation. The Parties shall file a mediation stipulation and lodge an order thereon on or before January 15, 2021.
Next status conference: March 23, 2021 at 9:00 a.m. An updated status report is due March 9, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
DDI Distribution of California LLC Represented By
Mark E Brenner
Defendant(s):
PAL Distribution, Inc. Pro Se
Peter Larios Pro Se
Jose Castellanos Pro Se
Plaintiff(s):
Lynda Bui Represented By
Brandon J Iskander
Trustee(s):
Lynda T. Bui (TR) Represented By Brandon J Iskander
9:00 AM
6:19-17552
RVT Inc
Chapter 11
#3.00
CONT Hrg. on Chapter 11 Status Conference (Cont. from 7/2/20)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into: (1) the Debtor's compliance with UST guidelines and requirements; and (2) Debtor's expectation as to whether it will propose a consensual plan.
Next status conference: February 16, 2021 at 9:00 a.m. An updated status report is due February 2, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
RVT Inc Represented By
Julie J Villalobos
9:00 AM
CONT...
RVT Inc
Chapter 11
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
#1.00
Hrg. on Plan Proponents' Motion filed 9/24/20 for an order (1) Approving Disclosure Statement; (2) Approving Notice Procedures; (3) Establishing Confirmation Procedures and Deadlines; and (4) Establishing Certain Bar Dates
EH
Docket 509
*** VACATED *** REASON: Order entered 10/6/20 Continuing hearing to 11/19/20 @ 2:00 p.m. (Doc 514)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
6:19-18367
Affordable Auto Repair, Inc.
Chapter 11
#2.00
Hrg. on Confirmation of Chapter 11 Plan
(Hrg. to be held in 6C, Santa Ana)
Docket 124
*** VACATED *** REASON: CONTINUED TO 11/10/20 @ 2:00 P.M. BY ORDER ENTERED ON 10/27/20
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Affordable Auto Repair, Inc. Represented By Michael Jones Sara Tidd
2:00 PM
6:19-18367
Affordable Auto Repair, Inc.
Chapter 11
#3.00
Hrg. on Chapter 11 Status Conference (Cont. from 7/2/20, 10/8/20)
Docket 0
*** VACATED *** REASON: CONTINUED TO 11/10/20 @ 2:00 P.M. BY ORDER ENTERED 10/27/20
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Affordable Auto Repair, Inc. Represented By Michael Jones
9:00 AM
8:15-15814
Austin Quinn and Brandlelyn Jordan
Chapter 13
#1.00
Motion for relief from stay [Personal Property]
Nissan Motor Acceptance Corporation vs DEBTORS (Motion filed 10-16-20)
[RE: 2015 Nissan Rogue VIN No.: KNMAT2MV8FP512232]
Docket 90
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Debtor(s):
Austin Quinn and Brandlelyn Jordan
Party Information
Chapter 13
Austin Quinn Represented By
David P Farrell
Joint Debtor(s):
Brandlelyn Jordan Represented By David P Farrell
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:17-12792
Abel Mercado
Chapter 13
#2.00
CONT Motion for relief from stay [Real Property]
Towd Point Mortgage Trust 2019-2, U.S. Bank National Association, as Indenture Trustee vs DEBTOR
(Motion filed 9-11-20)
[RE: 2721 W Pendleton Ave, Santa Ana, CA 92704]
Docket 89
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the status of negotiations for an APO.
Party Information
Debtor(s):
Abel Mercado Represented By Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT...
Abel Mercado
Chapter 13
9:00 AM
8:17-12964
Martin Razo Gonzalez and Norma Martin Gonzalez
Chapter 13
#3.00
Motion for relief from stay [Personal Property]
Nissan Motor Acceptance Corporation vs DEBTORS (Motion filed 10-13-20)
[RE:2016 Nissan Sentra VIN: 3N1AB7APXGL684493]
Docket 39
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Martin Razo Gonzalez and Norma Martin Gonzalez
Chapter 13
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Martin Razo Gonzalez Represented By Christopher J Langley
Joint Debtor(s):
Norma Martin Gonzalez Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-12671
Robert Jones
Chapter 7
#4.00
Motion for relief from stay [Real Property]
Lima One Capital LLC d/b/a Investor Lending USA, its successors and/or assignees vs DEBTOR
(Motion filed 10-14-20)
[RE: 4431-4433 Victoria Park Place, Los Angeles, CA 90019]
Docket 17
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will require an evidentiary hearing to determine whether the predicates for 11 U.S.C. § 362(d)(4) relief are satisfied.
At the present time, the Court cannot conduct evidentiary hearings in non-emergency cases because of the Pandemic. Accordingly, finding good cause pursuant to 11
U.S.C. § 362(e), the Court continues the hearing to February 8, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Robert Jones
Chapter 7
Robert Jones Pro Se
Movant(s):
Lima One Capital LLC d/b/a Represented By
Erica T Loftis Pacheco
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
8:16-13080
Tuongvan Thi Nguyen
Chapter 13
#5.00
Motion for relief from stay [Real Property]
Wilmington Trust, N.A., Not in its Individual Capacity, But Solely as Trustee for MFRA Trust 2016-1 vs DEBTOR
(Motion filed 10-19-20)
[RE: 6661 Santa Rita Ave., Garden Grove, CA 92845-1351]
Docket 52
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire of Movant whether Debtor is now current on the loan (as Debtor alleges in the Opposition).
Party Information
Debtor(s):
Tuongvan Thi Nguyen Represented By Jacqueline D Serrao
9:00 AM
CONT...
Trustee(s):
Tuongvan Thi Nguyen
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:18-11759
Chester Davenport
Chapter 7
#1.00
Hearing RE: Chapter 7 Trustee's Application to Employ Collection Counsel on a Contigency Basis
(Motion filed 10-16-20)
[RE: Law Offices of Stuart A. Katz, P.C.]
Docket 352
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court intends to grant the motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Trustee(s):
Karen S Naylor (TR) Represented By
2:00 PM
CONT...
Chester Davenport
Thomas H Casey
Chapter 7
2:00 PM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01155 Naylor v. Sun et al
#4.00
Hearing RE: Defendant's Motion to Continue Hearing on Motion for Judgment on the Pleadings [Doc. 213] and on Motion in Limine [Doc. 214]
(Motion filed 11-2-20)
(Set per OST entered on 11-3-20)
Docket 222
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Deny motion to continue hearings for the reasons argued by the Chapter 7 Trustee. The Court is especially concerned by the revolving-door nature of Ms. Sun's attorneys, with 3 attorneys now having come and gone, with a fourth attorney now representing her. The Court is also concerned about prejudice to the Trustee that may result from a delay.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Chester Davenport Represented By
2:00 PM
CONT...
Chester Davenport
Michael Jay Berger
Chapter 7
Defendant(s):
Bianca Sun Represented By
Donald W Sieveke
Yan Yu Sun Represented By
Donald W Sieveke
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
2:00 PM
6:19-18367
Affordable Auto Repair, Inc.
Chapter 11
#1.00
Hrg. on Debtor's Objection filed 9/28/20 to Claim Number 13-1 by Claimant Kalamata Capital Group, LLC.
Docket 129
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain. Disallow Claim No 13-1 in its entirety as a late-filed claim. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Affordable Auto Repair, Inc. Represented By Michael Jones Sara Tidd
2:00 PM
6:19-18367
Affordable Auto Repair, Inc.
Chapter 11
#2.00
CONT. Hrg. on Chapter 11 Status Conference From: 7/2/20, 10/8/20, 11/9/20
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with United States Trustee guidelines and requirements.
Next status conference: March 16, 2021 at 9:00 a.m. An updated status report is due March 2, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Affordable Auto Repair, Inc. Represented By Michael Jones
2:00 PM
CONT...
Affordable Auto Repair, Inc.
Chapter 11
2:00 PM
6:19-18367
Affordable Auto Repair, Inc.
Chapter 11
#3.00
CONT.Hrg. on Confirmation of Chapter 11 Plan From: 11/9/20
(Hrg. to be held in 6C, Santa Ana)
Docket 124
Tentative Ruling:
APPEARANCES REQUIRED.
The Court notes that no creditor in Class 4 voted against the Plan, thereby signalling the lack of any creditor opposition to the unorthodox treatment of Class 4 claims. The Court will confirm the Chapter 11 Plan of Reorganization Dated 5 August 2020.
DEBTOR TO LODGE (1) FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND (2) PLAN CONFIRMATION ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Affordable Auto Repair, Inc. Represented By
2:00 PM
CONT...
Affordable Auto Repair, Inc.
Michael Jones Sara Tidd
Chapter 11
9:00 AM
6:17-17312
Flem Earl McMillan and Lydia Ventura McMillan
Chapter 11
#1.00
CONT Hrg. on Chapter 11 Status Conference (Cont. from 3/12/20)
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED
The status report filed by the Reorganized Debtor was very helpful. If the UST has any comments or views on the case, a UST representative should appear at this hearing. Otherwise, the Court will continue the status conference to May 25, 2021 with and updated status report due May 11, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Flem Earl McMillan Represented By Todd L Turoci
9:00 AM
CONT...
Flem Earl McMillan and Lydia Ventura McMillan
Todd L Turoci
Chapter 11
Joint Debtor(s):
Lydia Ventura McMillan Represented By Todd L Turoci Todd L Turoci
9:00 AM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
Adv#: 6:18-01236 Fleming, Sr v. Havasu Lakeshore Investments
#2.00
PRE-TRIAL 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
*** VACATED *** REASON: CONTINUED TO 11/19/20 @ 2:00 P.M. BY ORDER ENTERED ON 10/28/20
Tentative Ruling:
- NONE LISTED -
Party Information
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
6:19-17108
Brian Garoutte
Chapter 7
Adv#: 6:19-01161 Alaska USA Federal Credit Union v. Garoutte et al
#3.00
PRE-TRIAL CONFERENCE re: Complaint by Alaska USA Federal Credit Union against Brian Garoutte. (a)(6); §§727(a)(2), (a)(4) and (a)(5) (Attachments: # 1 Adversary Coversheet # 2 Summons and Notice of Status # 3 Exhibit A & B) Nature of Suit: (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))
Docket 1
*** VACATED *** REASON: CONTINUED TO 2/9/21 @ 9:00 A.M. BY ORDER ENTERED ON 10/27/20
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Brian Garoutte Represented By Kevin Tang
Defendant(s):
Brian Garoutte Pro Se
Mollie Garoutte Pro Se
Joint Debtor(s):
Mollie Garoutte Represented By Kevin Tang
Plaintiff(s):
Alaska USA Federal Credit Union Represented By
Bonni S Mantovani
9:00 AM
CONT...
Trustee(s):
Brian Garoutte
Chapter 7
Karl T Anderson (TR) Pro Se
9:00 AM
8:19-12205
Beth Marie Aitchison
Chapter 7
#1.00
Motion for relief from stay [Personal Property]
Americredit Financial Services, Inc dba GM Financial vs DEBTOR (Motion filed 10-22-20)
[RE: 2016 Nissan Sentra VIN No.: 3N1AB7AP1GL656260]
Docket 65
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
Beth Marie Aitchison
Party Information
Chapter 7
Beth Marie Aitchison Represented By Christopher J Langley
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
8:20-10255
Peggy Lee Smith
Chapter 13
#2.00
Motion for relief from stay [Real Property]
U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee for Banc of America Funding Corporation 2005-6 vs DEBTOR
(Motion filed 10-21-20)
[RE: 1429 North Palo Loma Place Orange, CA 92869]
Docket 49
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Peggy Lee Smith
Chapter 13
Grant exraordinary relief requested.
Debtor is a "borrower" under the California Civil Code. The co-debtor stay is terminated.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Peggy Lee Smith Represented By Leonard Pena
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-12548
Jose Avila Romero
Chapter 7
#3.00
Motion for relief from stay [Personal Property]
Toyota Motor Credit Corporation vs DEBTOR (Motion filed 10-23-20)
[RE: 2019 Toyota Highlander - VIN No.: 5TDKZRFHXKS339946]
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
Jose Avila Romero
Party Information
Chapter 7
Jose Avila Romero Represented By Kevin J Kunde
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:20-12618
Jose A Chavez, Jr.
Chapter 13
#4.00
Motion for relief from stay [Real Property]
The REO Group, Inc. vs DEBTOR (Motion filed 10-22-20)
[RE: 2537 N. Alona St., Santa Ana, CA 92706]
Docket 20
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Debtor(s):
Jose A Chavez, Jr.
Party Information
Chapter 13
Jose A Chavez Jr. Represented By Anthony P Cara
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-12915
Julio Maldonado, Jr
Chapter 7
#5.00
Motion for relief from stay [Personal Property]
American Honda Finance Corporation vs DEBTOR (Motion filed 10-23-20)
[RE: 2015 Honda Crosstour - VIN No.: 5J6TF3H39FL002276]
Docket 11
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
Julio Maldonado, Jr
Party Information
Chapter 7
Julio Maldonado Jr Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
8:20-12704
Michael Kim
Chapter 13
#6.00
Motion for relief from stay [Real Property]
PS Funding, Inc., master servicing agent for MFRA Trust 2016-1 vs DEBTOR (Motion filed 10-27-20)
[RE: 2600 Geneva Pl., Fullerton, CA 92833]
Docket 28
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWL OF MOTION FILED 11-11-20 (DOCKET NO. 37).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Michael Kim Represented By
Michael D Franco
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#1.00
Hearing RE: Final Application for Compensation and Reimbursement of Costs from the period of January 1, 2020 to September 23, 2020
(Application filed 10-26-20)
[RE: Law Offices of Michael G. Spector, Debtor's Attorney] [Fee: $54,599.00; Expenses: $2,306.41]
Docket 521
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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 on a final basis, with fees in the amount of
$111,582.61 and expenses in the amount of $5,026.61.
The Court will also approve on a final basis all fees and expenses previously awarded on an interim basis.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
Allan Eli Gindi and Carol June Gindi
Chapter 11
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
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#2.00
Hearing RE: Application for Payment of: Final Fees and/or Expenses (11 U.S.C Section 330) for the Period from January 22, 2020 to October 8, 2020
(Application filed 10-22-20)
[RE: Bryner Crosby, APC, Litigation Counsel] [Fee: $2720.00; Expenses: $7.75]
Docket 519
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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 on a final basis, with fees in the amount of
$2,720.00 and expenses in the amount of $7.75.
Additionally, the Court will approve, allow, and confirm on a final basis all fees and expenses previously awarded on an interim basis.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
Allan Eli Gindi and Carol June Gindi
Chapter 11
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
8:19-14566
Maria Felix
Chapter 11
#3.00
Hearing RE: Motion by U.S. Trustee to Dismiss Case or Convert Case to One Under Chapter 7 Pursuant to 11 U.S.C. Section 1112(b)
(Motion filed 10-14-20)
Docket 78
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire of the UST whether Debtor filed monthly operating reports for July, August, and September of 2020.
Party Information
Debtor(s):
Maria Felix Represented By
Michael Jones Sara Tidd
2:00 PM
8:19-11218
US Direct LLC
Chapter 7
#4.00
CONT'D Evidentiary Hearing RE: Fifth Amendment Privilege (Mr. Derek Doherty Is Ordered To Personally Appear) (Record Will Be Sealed)
(Set per Order Entered 4-22-2020 - Docket No. [196] FR: 6-29-20
Docket 196
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Because of the closure of the Courthouse to all non-emergency matters because of the pandemic, this hearing is continued to March 15, 2021 at 2:00 p.m.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
US Direct LLC Pro Se
2:00 PM
CONT...
Trustee(s):
US Direct LLC
Chapter 7
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
9:00 AM
6:19-16545
DDI Distribution of California LLC
Chapter 7
#1.00
CONT Hrg. on Debtor's Motion for Turnover of Property of Debtor's Ongoing Business Operations and Premises, or Alternatively, Directing Turnover of All Accounting Records and Payment of All Net Profits of the Debtor to the Trustee Since the Petition Date
(Cont. from 9/8/20, 10/17/20)
(Tele. appr. Donna Puyot, rep. plaintiff, Diamond PEO)
Docket 37
*** VACATED *** REASON: CONTINUED TO 2/9/21 AT 2:00 PM BY ORDER ENTERED ON 11/16/20 - slh
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
DDI Distribution of California LLC Represented By
Mark E Brenner
Movant(s):
Lynda T. Bui (TR) Represented By Brandon J Iskander
Trustee(s):
Lynda T. Bui (TR) Represented By Brandon J Iskander
9:00 AM
6:20-10879
Ollie Davidson and Alicia Deshia Wilson-Davidson
Chapter 7
#2.00
James Mortensen - movant attorney Motion for Relief from Stay
Gretabel Holdings, Inc. vs. DEBTORS (Motion filed 10/14/20)
Re: 11852 Dana Drive, Adelanto, CA 92301
(Tele. appr. James Mortensen, rep. creditor, Gretabel Holdings, Inc.)
Docket 31
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Ollie Davidson and Alicia Deshia Wilson-Davidson
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. Deny as to requested extraordinary relief (no stay is in effect).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Ollie Davidson Represented By Todd L Turoci
Joint Debtor(s):
Alicia Deshia Wilson-Davidson Represented By Todd L Turoci
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
6:20-12274
Absolute Care Assisted Living & Memory Care, LLC
Chapter 11
#3.00
CONT Hrg. on Chapter 11 Status Conference From: 9/8/20, 10/22/20
(Tele. appr. Robert S. Altagen, rep. debtor Absolute Care Assisted Living & Memory Care, LLC)
(Tele. appr. Cameron Ridley, rep U.S. Trustee Office)
(Tele. appr. Reilly D. Wilkinson, rep creditor Luigi Sassone Revocable Trust)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and
9:00 AM
CONT...
Absolute Care Assisted Living & Memory Care, LLC
Chapter 11
requirements.
The Court notes Debtor's managing member's declaration attesting to substantial compliance.
Next status conference: TBD. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Absolute Care Assisted Living & Represented By
Robert S Altagen
9:00 AM
6:20-14155
Power Bail Bonds, Inc.
Chapter 11
#4.00
Reid & Hellyer, APC - movant attorney Motion for Relief from Stay
(Motion filed 10/27/20)
Re: ACTION IN NON-BANKRUPTCY FORUM RE: Litigation in Riverside County
(Tele. appr. Caroline R. Djang, rep Trustee)
(Tele. appr. Douglas A. Plazak, rep debtor Power Bail Bonds, Inc.)
Docket 182
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed in the non-bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. Movant shall not enforce its final judgment against the debtor or property of the estate, except by filing a proof of claim in this bankruptcy case pursuant to 11 U.S.C.
§ 501 and/or a complaint to determine the nondischargeability of the debt.
9:00 AM
CONT...
Power Bail Bonds, Inc.
Chapter 11
Cause exists for relief under 11 U.S.C. § 362(d)(1) because the claims at issue arise under non-bankruptcy law and can be most expeditiously resolved in the non- bankruptcy forum.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
Trustee(s):
Caroline Renee Djang (TR) Pro Se
9:00 AM
6:20-14295
LCF LABS INC.
Chapter 11
#5.00
CONT Hrg. on Chapter 11 Status Conference From: 8/13/20, 10/22/20
(Tele. appr. David I. Brownstein, rep. creditor Nude Nicotine) (Tele. appr. Arturo M. Cisneros, rep. Ch 7 Trustee)
(Tele. appr. Jeffrey I. Goldern, rep debtor LCF Labs, Inc.) (Tele. appr. Everette Green, rep. U.S. Trustee's Office) (Tele. appr. Todd L. Turoci, rep. creditor, Akbar Razavi)
Docket 0
Tentative Ruling:
9:00 AM
CONT...
LCF LABS INC.
Chapter 11
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
Next status conference: March 9, 2021 at 2:00 p.m. An updated status report is due February 23, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
LCF LABS INC. Represented By Neil C Evans
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:00 PM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#1.00
Hrg. on chapter 7 trustee's Objection filed 9/17/20 to Claim Number 105 by Claimant Golden State Health Centers, Inc.
(Tele. appr. John Tedford, rep. Trustee, Howard Grobstein)
(Tele. appr. Jacob Unger, rep. respondent, Golden State Health Centers, Inc.)
Docket 436
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain and allow Claim No. 105 as a late filed claim in the amount of
$19,827.00 pursuant to 11 U.S.C. § 726(a)(3).
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
2:00 PM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Hutchison B Meltzer
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
2:00 PM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#2.00
Hrg. on chapter 7 trustee's Motion filed 10/16/20 re allowance and treatment of Claim No. 108 (Hanna, Brophy, MacLean, McAleer & Jensen, LLP)
Docket 539
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant Motion, allow Claim No. 108 as a general unsecured claim in the amount of
$64,946.55 to be awarded the same priority as other timely-filed general unsecured claims.
The Trustee's request for judicial notice is granted.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
2:00 PM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
2:00 PM
6:16-11051
Wilbert Mauricio Henriquez
Chapter 7
Adv#: 6:16-01072 VOKSHORI LAW GROUP, APLC v. Henriquez
#3.00
CONT Hrg. on Order for Appearance and Examination (Cont. from 7/6/20, 8/17/20)
(Tele. appr. Luke D. Jackson, rep. plaintiff VLG)
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Pursuant to an order of the United States District Court, the Santa Ana Courthouse is closed except for emergency hearings. In view of this, the Court continues the judgment debtor examination to April 13, 2021 at 2:00 p.m.
COURT TO PREPARE ORDER.
2:00 PM
CONT...
Debtor(s):
Wilbert Mauricio Henriquez
Party Information
Chapter 7
Wilbert Mauricio Henriquez Represented By Brad Weil
Defendant(s):
Wilbert Mauricio Henriquez Represented By Brad Weil
Plaintiff(s):
VOKSHORI LAW GROUP, APLC Represented By
Nima S Vokshori Brad Weil
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
6:19-13924
Rigoberto Aguirre Cabrera
Chapter 7
#4.00
Hrg. on Chapter 7 Trustees Motion for Order Directing Turnover of Property of the Estate (Non-Exempt Funds)
Docket 45
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Grant. Notice of Debtor's Non-opposition has been filed.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Rigoberto Aguirre Cabrera Represented By
Leroy Bishop Austin
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
6:20-14627
Aurelio Felix Barreto, III
Chapter 7
Adv#: 6:20-01179 Whitmore v. Barreto
#5.00
Hrg. on Order to Show Cause re: Preliminary Injuction
(Tele. appr. Michelle A. Marchisotto, rep. plaintiff Robert Whitmore)
Docket 2
*** VACATED *** REASON: Cont. to 12/8/20 @ 2:00 p.m. by order entered on 11/17/20.
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Aurelio Felix Barreto III Represented By John P O'Connell
Defendant(s):
Peggy C Barreto Pro Se
Plaintiff(s):
Robert Whitmore Represented By
Michelle A Marchisotto
Trustee(s):
Robert Whitmore (TR) Represented By
Michelle A Marchisotto
9:00 AM
8:15-13556
John Olaf Halvorson
Chapter 7
Adv#: 8:17-01120 Kosmala v. Hoosten et al
#1.00
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; 10-16-19; 1-22-20;
5-20-20
Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING STATUS CONFERENCE TO APRIL 14, 2021 AT 9:00 AM ENTERED ON 11-16-20 (DOCKET NO. 69).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Manee
9:00 AM
CONT...
John Olaf Halvorson
Chapter 7
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
8:18-10203
Phillip Barry Greer
Chapter 7
Adv#: 8:18-01069 Marshack et al v. Biden
#2.00
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; 11-6-19; 4-22-20, 8-12-20
Docket 27
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to April 14, 2021 at 9:00 a.m. to provide an opportunity for mediation to take place in person. The Court believes that
9:00 AM
CONT...
Phillip Barry Greer
Chapter 7
Zoom is not a good foum for a mediation and is considerably inferior to in-person mediations.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Phillip Barry Greer Represented By Phillip Greer
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 Timothy C Aires
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D O'Dea
9:00 AM
8:18-10203
Phillip Barry Greer
Chapter 7
Adv#: 8:18-01075 Street v. Greer et al
#3.00
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; 12-4-19; 8-12-20
Docket 106
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to April 14, 2021 at 9:00 a.m. to provide an opportunity for mediation to take place safely in person.
9:00 AM
CONT...
Phillip Barry Greer
Chapter 7
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Phillip Barry Greer Represented By Phillip Greer
Defendant(s):
Phillip Barry Greer Represented By Phillip Greer Ryan D O'Dea Timothy C Aires
Richard A. Marshack Represented By Ryan D O'Dea Phillip Greer Timothy C Aires
Plaintiff(s):
Chriss W. Street Represented By Timothy C Aires Phillip Greer Ryan D O'Dea
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D O'Dea
9:00 AM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01155 Naylor v. Sun et al
#4.00
CONT'D PRE-TRIAL 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) (PTC set at S/C held 7/17/19)
9:00 AM
CONT...
Chester Davenport
Chapter 7
FR: 10-24-18; 3-27-19; 6-19-19; 7-17-19; 4-15-20; 7-15-20; 8-19-20; 10-7-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to February 10, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Bianca Sun Represented By
Victor S Korechoff Eugene S Fu
Yan Yu Sun Represented By
Victor S Korechoff
9:00 AM
CONT...
Chester Davenport
Eugene S Fu
Chapter 7
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01155 Naylor v. Sun et al
#5.00
Hearing RE: Chapter 7 Trustee's Motion in Limine in Support of the Trustee's Motion for Judgment on the Pleadings on the Trustee's Twelfth Cause of Action for Turnover
(Motion filed 10-23-20)
Docket 214
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant for the reasons argued by the Trustee in the Motion and the Reply. Grant Trustee's request for judicial notice.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
9:00 AM
CONT...
Chester Davenport
Chapter 7
Defendant(s):
Bianca Sun Represented By
Victor S Korechoff Eugene S Fu
Yan Yu Sun Represented By
Victor S Korechoff Eugene S Fu
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01155 Naylor v. Sun et al
#6.00
Hearing RE: Chapter 7 Trustee's Motion for Judgment on the Pleadings on the Trustee's Twelfth Cause of Action for Turnover of Real Property
(Motion filed 10-23-20)
Docket 213
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Trustee's request for judicial notice is granted.
The Court will grant the Motion for the reasons argued by the Trustee in her Motion and in her Reply.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
9:00 AM
CONT...
Chester Davenport
Chapter 7
Defendant(s):
Bianca Sun Represented By
Victor S Korechoff Eugene S Fu
Yan Yu Sun Represented By
Victor S Korechoff Eugene S Fu
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
#7.00
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;
11-13-19; 2-19-20; 5-6-20
Docket 6
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING STATUS CONFERENCE TO NOVEMBER 30, 2020 AT 2:00 PM ENTERED ON 11-17-20 (DOCKET NO. 350).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
9:00 AM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
#8.00
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; 11-13-19; 2-19-20; 5-6-20; 7-15-20
Docket 168
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING DISCLOSURE STATEMENT HEARING TO NOVEMBER 30, 2020 AT 2:00 PM ENTERED 11-17-20. (DOCKET NO. 351)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
9:00 AM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
Adv#: 8:18-01084 Modern VideoFilm, Inc. v. Barkat et al
#9.00
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; 8-19-19; 8-29-18; 6-19-19; 8-21-19; 11-13-19; 6-17-20
Docket 7
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING ADVERSARY PROCEEDING STATUS CONFERENCE TO NOVEMBER 30, 2020 AT 2:00 PM ENTERED 11-17-20 (DOCKET NO.
157).
Tentative Ruling:
- NONE LISTED -
Party Information
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
9:00 AM
CONT...
Modern VideoFilm, Inc.
David L. Neale Christopher D Beatty
Chapter 11
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
9:00 AM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
Adv#: 8:20-01009 Medley Capital Corporation v. Modern VideoFilm, Inc.
#10.00
Hearing RE: Medley Capital Corporation's Motion for Summary Judgment (Motion filed 9-29-20)
Docket 48
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO MARCH 10, 2021 AT 9:00 AM ENTERED ON 10-27-20 (DOCKET NO. 56)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
Defendant(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Peter W Lianides
Plaintiff(s):
Medley Capital Corporation Represented By Justin E Rawlins
Aaron Matthew Gober-Sims
9:00 AM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
Adv#: 8:20-01009 Medley Capital Corporation v. Modern VideoFilm, Inc.
#11.00
Hearing RE: Debtor's Motion for Order Dismissing Adversary Action for Failure to State a Claim Upon Which Relief Can Be Granted
(Motion filed 10-13-20)
Docket 51
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO MARCH 10, 2021 AT 9:00 AM ENTERED ON 10-27-20 (DOCKET NO. 56)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
Defendant(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Peter W Lianides
Plaintiff(s):
Medley Capital Corporation Represented By Justin E Rawlins
Aaron Matthew Gober-Sims
9:00 AM
8:18-12541
Scott Lawrence Chappell
Chapter 7
Adv#: 8:18-01174 Chappell et al v. Chappell et al
#12.00
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; 9-18-19; 3-11-20; 7-8-20
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will set a pretrial conference for January 27, 2021 at 9:00 a.m. and expects full and complete compliance with LBR 7016-1.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Scott Lawrence Chappell Represented By
9:00 AM
CONT...
Scott Lawrence Chappell
Stephen E Olear
Chapter 7
Defendant(s):
Scott Lawrence Chappell Represented By Stephen E Olear
Alicia Woolsey Represented By Stephen E Olear
Joint Debtor(s):
Alicia Woolsey Represented By 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) Represented By Thomas H Casey
9:00 AM
8:19-10212
Hill Concrete Structures
Chapter 11
#13.00
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 1/18/19)
FR: 3-20-19; 6-19-19; 11-13-19; 3-25-20; 6-29-20; 8-26-20
Docket 8
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to November 30, 2020 at 2:00 p.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:19-01158 South Coast Behavioral Health, Inc. v. Reliable Fast Cash, LLC et al
#14.00
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Second Amended 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)
Unfair Competition And Equitable Subordination (11 U.S.C. Section 510(c) AND Hearing RE: Status Conference Hearing RE: Counter-Claim (Complaint filed 7/30/10)
(Counter-Claim filed 8/30/19) (PTC set at S/C held 11/13/19)
(First Amended Complaint filed 2/26/20) (Second Amended Complaint filed 5/6/20)
FR: 10-6-19; 11-13-19; 8-12-20
Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING PRE-TRIAL CONFERENCE TO DECEMBER 16, 2020 AT 9:00 AM ENTERED ON 10-30-20 (DOCKET NO. 111).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Defendant(s):
Reliable Fast Cash, LLC Represented By
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Steven R Fox
Chapter 11
Mendl Chanin Represented By Steven R Fox
Plaintiff(s):
South Coast Behavioral Health, Inc. Represented By
Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders
9:00 AM
8:19-14566
Maria Felix
Chapter 11
#15.00
CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 11/21/19)
FR: 1-22-20; 5-20-20
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to January 20, 2021 at 9:00 a.m. An updated status report is due January 6, 2021.
If the UST wishes to attend this hearing and provide the Court with information on Debtor's compliance with UST guidelines and requirements, the Court would welcome that.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Maria Felix
Chapter 11
Maria Felix Represented By
Michael Jones Sara Tidd
9:00 AM
8:20-11023
2808 Ocean Blvd. LLC, a Texas Limited Liability Co
Chapter 11
#16.00
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 3/24/2020)
FR: 6-3-20; 8-26-20
Docket 6
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
The Court will inquire into the status of Debtor's efforts to sell 2808 Ocean Blvd.
Next status conference: March 17, 2021. An updated status report is due March 3, 2021.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
2808 Ocean Blvd. LLC, a Texas Limited Liability Co
Chapter 11
2808 Ocean Blvd. LLC, a Texas Represented By Jeffrey I Golden Beth Gaschen David M Goodrich
9:00 AM
8:20-11083
239 Carnation LLC, a Texas Limited Liability Compa
Chapter 11
#17.00
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 3/31/2020)
FR: 6-3-20; 8-26-20
Docket 15
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into (1) Debtor's compliance with UST guidelines and requirements and (2) the current status of the sale of 239 Carnation Avenue.
Next status conference: March 17, 2021 at 9:00 a.m. An updated status report is due March 3, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
239 Carnation LLC, a Texas Limited Represented By
9:00 AM
CONT...
239 Carnation LLC, a Texas Limited Liability Compa
Jeffrey I Golden Beth Gaschen
Chapter 11
9:00 AM
8:20-11329
Ilyas M. Chaudhary
Chapter 11
#18.00
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 5/6/20)
FR: 7-8-20
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
The Court will set a bar date of January 31, 2021 and require notice of the bar date to be filed and served by November 30, 2020.
The Court will set a deadline of March 31, 2021 for filing a plan and disclosure statement and a deadline of June 30, 2021 for confirming a plan.
Next status conference: March 24, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.
9:00 AM
CONT...
Debtor(s):
Ilyas M. Chaudhary
Party Information
Chapter 11
Ilyas M. Chaudhary Represented By Kevin Tang
10:00 AM
8:20-11954
Peony Chua
Chapter 7
#1.00
Hearing RE: Pro se Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc.
(Reaffirmation filed 10-20-20)
[RE 2017 Lincoln MKT - Amount $22,979.61] [VIN No.: 2LMHJ5AT0HBL01044]
Docket 68
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Peony Chua Represented By
Bert Briones
10:00 AM
CONT...
Trustee(s):
Peony Chua
Chapter 7
Karen S Naylor (TR) Represented By Nanette D Sanders
10:00 AM
8:20-12308
Fidel Angel Torres, Jr. and Vanessa Torres
Chapter 7
#2.00
Hearing RE: Pro se Reaffirmation Agreement Between Debtor and SchoolsFirst Federal Credit Union
(Reaffirmation filed 10-20-20)
[RE 2015 Chevrolet Silverado - Amount $20,367.27] [VIN No.: 3GCPCREC0FG195888]
Docket 12
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Fidel Angel Torres Jr. Represented By Daniel King
10:00 AM
CONT...
Fidel Angel Torres, Jr. and Vanessa Torres
Chapter 7
Joint Debtor(s):
Vanessa Torres Represented By Daniel King
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
8:20-12773
Errica Sandra Tucker
Chapter 7
#3.00
Hearing RE: Pro se Reaffirmation Agreement Between Debtor and Partners Federal Credit Union
(Reaffirmation filed 10-13-20)
[RE: 2016 Honda CRV - Amount: $6,395.57] [VIN No.: 3CZRM3H55GG706992]
Docket 10
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is approved provided that the monthly payments are current, the vehicle is insured, and the debtor(s) can afford future payments.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Errica Sandra Tucker Represented By Gregory E Nassar
10:00 AM
CONT...
Trustee(s):
Errica Sandra Tucker
Chapter 7
Jeffrey I Golden (TR) Pro Se
9:00 AM
6:17-17512
Douglas Craig Woodard
Chapter 7
#1.00
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 9/24/20)
Docket 130
*** VACATED *** REASON: Notice of voluntary dismissal of motion filed on 10/5/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Douglas Craig Woodard Represented By Michael G Spector
Movant(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
6:17-17512
Douglas Craig Woodard
Chapter 7
Adv#: 6:19-01075 Anderson v. Woodard et al
#2.00
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 9/24/20)
Docket 17
*** VACATED *** REASON: Order granting stipulation to dismiss adversary proceeding entered on 10/6/20 (doc. )
Tentative Ruling:
- NONE LISTED -
Party Information
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
9:00 AM
CONT...
Douglas Craig Woodard
Michael G Spector
Chapter 7
Trey Educational Trust Represented By Michael G Spector
Movant(s):
Douglas Craig Woodard Represented By 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
6:17-17512
Douglas Craig Woodard
Chapter 7
Adv#: 6:19-01075 Anderson v. Woodard et al
#3.00
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 9/24/20)
Docket 1
*** VACATED *** REASON: Order granting stipulation to dismiss adversary proceeding entered on 10/6/20 (doc. )
Tentative Ruling:
- NONE LISTED -
Party Information
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
9:00 AM
CONT...
Douglas Craig Woodard
Chapter 7
Paige Educational Trust Represented By Michael G Spector
Trey Educational Trust 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
6:19-20700
Soon Tae Ji
Chapter 7
Adv#: 6:20-01035 Estrada v. Ji
#4.00
CONT STATUS CONFERENCE re: Complaint by Alonso Estrada against Soon Tae Ji. willful and malicious injury))
(Cont. from 6/25/20)
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will issue the following scheduling order:
All discovery shall close on February 28, 2021.
All discovery motions shall be heard before March 31, 2021.
All pretrial motions (except motions in limine) shall be heard before April 30, 2021. Pretrial conference is set for May 25, 2021 at 9:00 a.m.
COURT TO PREPARE ORDER.
9:00 AM
CONT...
Debtor(s):
Soon Tae Ji
Party Information
Chapter 7
Soon Tae Ji Represented By
Jerome S Demaree
Defendant(s):
Soon Tae Ji Pro Se
Joint Debtor(s):
Young Hyang Ji Represented By Jerome S Demaree
Plaintiff(s):
Alonso Estrada Represented By Alan Wilcox
Catherine Calderaro Wagner
Trustee(s):
Howard B Grobstein (TR) Pro Se
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
#1.00
Hrg. on Disclosure Statement with respect to HLI Disclosure Statement
Docket 0
*** VACATED *** REASON: CONTINUED TO 11/24/20 @ 2:00 P.M. BY ORDER ENTERED 11/17/20
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
#2.00
Hrg. on Joint proponents' Disclosure Statement accompanying Plan Proponents Joint Chapter 11 Plan of Reorganization
Docket 0
*** VACATED *** REASON: CONTINUED TO 11/24/20 @ 2:00 P.M. BY ORDER ENTERED 11/17/20
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
Adv#: 6:18-01046 Havasu Lakeshore Investments v. Fleming, Sr
#3.00
CONT 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)
From: 6/4/20, 11/3/20
Docket 1
*** VACATED *** REASON: CONTINUED TO 3/16/2021 AT 9:00 A.M. BY ORDER ENTERED ON 11/10/20 - SLH
Tentative Ruling:
Party Information
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
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
Adv#: 6:17-01273 Havasu Lakeshore Investments v. Fleming, Jr et al
#4.00
CONT STATUS CONFERENCE Hearing RE: lawsuit pending in State Court to Bankruptcy Court
(Notice of Removal filed 12/13/17)
From: 5/21/20, 11/3/20
[RE: Superior Court Of The State Of California For The County Of Orange, Case No 30-2015-00805846-CU-FRCJC ]
[Case: Havasu Lakeshore Investments, LLC v. Terry L. Fleming, Sr. et al., ]
Docket 0
*** VACATED *** REASON: CONTINUED TO 3/16/2021 AT 9:00 A.M. BY ORDER ENTERED ON 11/10/20 - SLH
Tentative Ruling:
Party Information
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
2:00 PM
CONT...
Terry Lee Fleming, Sr
Chapter 11
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
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
Adv#: 6:17-01272 Fleming, Sr et al v. Doucette et al
#5.00
CONT STATUS CONFERENCE Re: 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., ]
From: 5/21/20, 11/3/20
Docket 0
*** VACATED *** REASON: CONTINUED TO 3/16/2021 AT 9:00 A.M. BY ORDER ENTERED ON 11/10/20 - SLH
Tentative Ruling:
Party Information
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
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
CONT...
Terry Lee Fleming, Sr
James E Till James E Till
Chapter 11
Havasu Lakeshore Investments Represented By Martin A Eliopulos
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
#6.00
CONT Hrg. on Chapter 11 Status Conference From: /21/20, 11/3/20
Docket 0
*** VACATED *** REASON: CONTINUED TO 11/24/20 @ 2:00 P.M. BY ORDER ENTERED 11/17/20
Tentative Ruling:
Party Information
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
Adv#: 6:18-01236 Fleming, Sr v. Havasu Lakeshore Investments
#7.00
PRE-TRIAL 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
From: 11/12/20
Docket 44
*** VACATED *** REASON: CONTINUED TO 3/16/2021 AT 9:00 A.M. BY ORDER ENTERED ON 11/10/20 - SLH
Tentative Ruling:
Party Information
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
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
#1.00
CONT Hrg. on Chapter 11 Status Conference From: 11/3/20, 11/19/20
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
The Court will continue the status conference to April 20, 2021 at 9:00 a.m. An updated status report is due April 6, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Terry Lee Fleming Sr Represented By
2:00 PM
CONT...
Terry Lee Fleming, Sr
James E Till
Chapter 11
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
#2.00
CONT. Hrg. on Joint proponents' Disclosure Statement accompanying Plan Proponents Joint Chapter 11 Plan of Reorganization
From: 11/19/20
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
#3.00
CONT. Hrg. on Disclosure Statement with respect to HLI Disclosure Statement From: 11/19/20
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative rulings.
Party Information
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
8:19-14723
James Alvin Grove
Chapter 7
#1.00
CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]
Grant Nigolian, Sarine Nigolian, Azad Sabounjian, And Susan Sabounjian vs. DEBTOR
(Motion filed 4/22/2020)
[RE: In re James Alvin Grove (U.S. Bankruptcy Court, Central District Of California. - Southern Division]
[Case Number: 8:19-bk-14723-MW - “JG Bk”)
And
[RE: In re James A. Grove Inc. ((U.S. Bankruptcy Court, Central District Of California. - Southern Division]
[Case Number: 8:20-bk-10046 - “Inc. Bk.”)
FR: 5-18-20
Docket 81
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court remains unable to hold evidentiary hearings in non-emergency matters. The Courthouse remains closed to all non-emergency matters. Finding good cause, the
9:00 AM
CONT...
James Alvin Grove
Chapter 7
Court continues the hearing to April 12, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
James Alvin Grove Represented By Michael N Nicastro Michael G Spector
Movant(s):
Grant Nigolian Represented By Grant A Nigolian
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:20-10944
Patrick Lee Hawkins
Chapter 13
#2.00
Motion for relief from stay [Real Property]
U.S. Bank Trust, N.A., as Trustee for LSRMF MH Master Participation Trust II, by Caliber Home loans, Inc., as its attorney in fact vs DEBTOR
(Motion filed 10-27-20)
[RE: 12102 Bluebell Ave., Garden Grove CA 92840]
Docket 54
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTOIN FILED 11-10-20 (DOCKET NO. 56).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Patrick Lee Hawkins Represented By Daniel King
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-11588
Veronica Kilada
Chapter 13
#3.00
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Fady Kilada vs DEBTOR (Motion filed 10-29-20)
[RE: Case Name: Kilada v Kilada] [Docket Number: 19STFL00877]
[Pending In: Los Angeles Superior Court - Stanley Mosk]
Docket 55
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
Veronica Kilada Represented By Onyinye N Anyama
9:00 AM
CONT...
Trustee(s):
Veronica Kilada
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-12061
2812 Ocean Blvd. LLC, a Texas limited liability co
Chapter 11
#4.00
Motion for relief from stay [Real Property]
GF Capital, a Nevada corporation vs DEBTOR (Motion filed 11-6-20)
[RE: 2812 Ocean Blvd., Newport Beach, CA 92625]
Docket 23
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Once the movant establishes a lack of equity, the burden shifts to the debtor to prove the subject property is necessary for an effective reorganization. Property is necessary for an effective reorganization for purposes of § 362(d)(2) if “the property is essential for an effective reorganization that is in prospect. This means . . . that there must be ‘a reasonable possibility of a successful reorganization within a reasonable period of time.’” United Sav. Ass’n v. Timbers of Inwood Forest Assoc. Ltd., 484 U.S. 365, 376 (1988). “Courts usually require the debtor to do more that manifest unsubstantiated hopes for a successful reorganization.” Sun Valley Newspapers, Inc. v. Sun World Corp. (In re Sun Valley Newspapers, Inc.), 171 B.R. 71, 75 (B.A.P. 9th Cir.1994). “While it is true that a relief from stay hearing should not be converted into a confirmation hearing, ‘the “effective reorganization” requirement . . . requires a
9:00 AM
CONT...
2812 Ocean Blvd. LLC, a Texas limited liability co
Chapter 11
showing by the debtor . . . that a proposed or contemplated plan is not patently unconfirmable and has a realistic chance of being confirmed.’” Id.
In this case, debtor has failed to establish that the subject property is necessary to an effective reorganization. Debtor has not established by declaration or other competent evidence that a reorganization is in prospect, i.e., that the debtor has formulated a feasible plan of reorganization; that the subject property is essential to the success of such plan; and that the plan will be confirmed within a reasonable period of time.
The Court intends to grant the motion. Deny as to extraordinary relief (order binding in future cases).
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
2812 Ocean Blvd. LLC, a Texas Represented By Christopher J Langley
9:00 AM
8:20-12469
Lizet Olivares Moreno
Chapter 7
#5.00
Motion for relief from stay [Personal Property]
Hitachi Capital America Corp. vs DEBTOR (Motion filed 10-14-20)
[RE: 2016 International VIN No.: 3HAMMMMLXGL229859]
Docket 11
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
The order is binding and effective despite conversion of this bankruptcy case to a case
9:00 AM
CONT...
Lizet Olivares Moreno
Chapter 7
under any other chapter of Title 11 of the U.S. Code. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Lizet Olivares Moreno Represented By Julie J Villalobos
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
8:20-12517
James Allen Formby
Chapter 7
#6.00
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Cab West, LLC vs Debtor (Motion filed 10-30-20)
[RE: Insurance Proceeds for 2018 Ford Fusion VIN No.: 3FA6P0HDXJR131067]
Docket 13
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed in the non-bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. Movant shall not enforce its final judgment against the debtor or property of the estate, except by filing a proof of claim in this bankruptcy case pursuant to 11 U.S.C.
§ 501 and/or a complaint to determine the nondischargeability of the debt.
Cause exists for relief under 11 U.S.C. § 362(d)(1) because the claims at issue arise under non-bankruptcy law and can be most expeditiously resolved in the non- bankruptcy forum.
9:00 AM
CONT...
James Allen Formby
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
James Allen Formby Represented By Richard W Snyder
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
8:20-12631
Ana Luisa Reyes
Chapter 7
#7.00
Motion for relief from stay [Personal Property]
Onemain Financial Group, LLC vs DEBTOR (Motion filed 10-22-20)
[RE: 2010 Mini Cooper-4 Cyl VIN No.: WMWMF3C59ATZ23955]
Docket 8
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
Ana Luisa Reyes
Party Information
Chapter 7
Ana Luisa Reyes Represented By Kevin J Kunde
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
8:20-13014
Northern Holdings, LLC
Chapter 11
#8.00
Motion for relief from stay [Real Property]
Farm Credit West, FLCA vs DEBTOR (Motion filed 11-6-20)
[RE: 2380 Live Oak Rd, Paso Robles, CA 93446]
Docket 11
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court determines that an evidentiary hearing likely will be required to determine whether or not the petition was filed in bad faith for the purposes of hindering, delaying, or defauding a creditor. Because the Courthouse is closed to non-emergency matters, the Court cannot now hold an evidentiary hearing, and therefore, fidning good cause under 11 U.S.C. § 362(e), continues this hearing to March 22, 2021 at 9:00 a.m. The automatic stay remains in place.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Northern Holdings, LLC
Chapter 11
Northern Holdings, LLC Represented By Matthew D. Resnik
9:00 AM
8:20-13073
Anthony Toan Cao
Chapter 13
#9.00
Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate (Motion filed 11/9/2020)
[RE: 2020 Volkswagen Jetta, VIN No.: 3VW267AJXGM25587 & 2019 Toyota Highlander, VIN No.: 5TDKZRFH3JS249262]
Docket 11
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Anthony Toan Cao Represented By Christopher J Langley
9:00 AM
CONT...
Trustee(s):
Anthony Toan Cao
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:18-10905
Michael William Devine
Chapter 7
Adv#: 8:19-01095 The United States Trustee For Region 16 v. Devine
#10.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debtor Pursuant to 11 U.S.C. Section 72711 U.S.C. Section 727 (Complaint filed 5/28/19)
(PTC set at S/C held 8-14-19)
FR: 8-14-19; 3-18-20; 6-24-20; 8-26-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court remains closed for non-emergency matters. The Court will continue this hearing as a status conference only to February 10, 2021 at 9:00 a.m.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Michael William Devine Represented By
9:00 AM
CONT...
Michael William Devine
Christopher J Langley
Chapter 7
Defendant(s):
Michael William Devine Represented By Christopher J Langley Donald W Reid
Plaintiff(s):
The United States Trustee For Represented By Frank Cadigan
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
8:18-14203
Pacific Foods & Distribution, Inc.
Chapter 7
#1.00
Hearing RE: Chapter 7 Trustee's Motion for Order Disallowing Claims: (Motion filed 10-21-20)
Duplicate Claim No. 30 Norberto Ruano Erroa $7,266.76 Reclassify Claim No. 31 Norberto Ruano Erroa $7,266.76
Docket 149
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF MOTION FILED 11-19-20 (DOCKET NO. 160).
Tentative Ruling:
- NONE LISTED -
Party Information
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
8:19-10212
Hill Concrete Structures
Chapter 11
#2.00
Hearing RE: Motion to Extend Deadline for Recovery of Retention Funds (Motion filed 10-28-20)
Docket 218
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion. Extend deadline to July 31, 2021. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
2:00 PM
8:19-10212
Hill Concrete Structures
Chapter 11
#3.00
Hearing RE: Final Application for Allowance of Professional Fees and Costs for the Period of 1/21/2019 to 9/2/2020
(Application filed 11-3-20)
[RE: M. Jones & Associates, PC - Attorney For Debtor] [Fees: $81,115.00; Expenses: $3,220.27]
Docket 222
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The compensation is approved on an interim basis as to M Jones & Associates, with fees in the amount of $81,115.00 and expenses in the amount of $3,220.27.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
2:00 PM
CONT...
Hill Concrete Structures
Chapter 11
2:00 PM
8:19-12127
Richard J. Kelly and Mary J. Kelly
Chapter 7
#4.00
CONT'D Hearing RE: Objection To Debtor's Claims Of Exemption On Amended Schedules
(Motion filed 6/19/2020) FR: 7-20-20
Docket 59
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO JANUARY 25, 2021 AT 2:00 PM ENTERED ON 11-23-20 (DOCKET NO. 76).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Richard J. Kelly Represented By
J Scott Williams
Joint Debtor(s):
Mary J. Kelly Represented By
J Scott Williams
Trustee(s):
Jeffrey I Golden (TR) Represented By Faye C Rasch
2:00 PM
8:19-12127
Richard J. Kelly and Mary J. Kelly
Chapter 7
#5.00
CONT'D Hearing RE: Objection To Debtors' Claims Of Exemption (Motion filed 12/13/19)
FR: 1-27-20; 4-20-20L; 7-20-20
Docket 33
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO JANUARY 25, 2021 AT 2:00 PM ENTERED ON 11-23-20 (DOCKET NO. 76).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Richard J. Kelly Represented By
J Scott Williams
Joint Debtor(s):
Mary J. Kelly Represented By
J Scott Williams
Trustee(s):
Jeffrey I Golden (TR) Represented By Faye C Rasch
2:00 PM
8:19-14566
Maria Felix
Chapter 11
#6.00
Hearing RE: Interim Application for Allowance of Professional Fees and Costs for the Period of 11/21/2019 to 11/5/2020
(Application filed 11-5-20)
[RE: M. Jones & Associates, PC - Attorney For Debtor] [Fees: $24,635.00; Expenses: $285.00]
Docket 86
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The compensation is approved on an interim basis as to M Jones & Associates, with fees in the amount of $24,635.00 and expenses in the amount of $285.00.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Maria Felix Represented By
Michael Jones Sara Tidd
2:00 PM
CONT...
Maria Felix
Chapter 11
2:00 PM
8:19-14566
Maria Felix
Chapter 11
#7.00 Hearing RE: Motion for Leave to Withdraw as Counsel for the Debtor (Motion filed 11-5-20)
Docket 89
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Maria Felix Represented By
Michael Jones Sara Tidd
2:00 PM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
#8.00
Hearing RE: Debtor's Motion for Order Disallowing Claim: (Motion filed 10-30-20)
Claim No. 4-1 Los Angeles County Treasurer/Tax Collector $780,408.70
Docket 325
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant, sustain objection and disallow claim 4-1 in its entirety for the reasons argued by Debtor.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides Ryan A Baggs
2:00 PM
CONT...
Modern VideoFilm, Inc.
Chapter 11
2:00 PM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
#9.00
Hearing RE: Debtor's Motion for Order Disallowing Claim: (Motion filed 10-30-20)
Claim No. 7-1 M.E. Solutions, Inc. dba Managease, Inc. $2,038,475.00
Docket 328
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant, sutain objection and disallow Claim 7-1 in its entirety for the reasons argued by the Debtor.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides Ryan A Baggs
2:00 PM
CONT...
Modern VideoFilm, Inc.
Chapter 11
2:00 PM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
#10.00
Hearing RE: Debtor's Motion for Order Approving Global Settlement Agreement Pursuant to FRBP 9019
(Motion filed 11-9-20)
Docket 338
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides Ryan A Baggs
2:00 PM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
#11.00
Hearing RE: First and Final Application for Professional Fees and Reimbursement of Expenses for the Period from May 16, 2018 to November 30, 2020.
(Motion filed 11-9-20)
[RE: Winthrop Golubow Hollander LLP, - General Insolvency Counsel For The Debtor And Debtor In Possession]
[Fees: $1,295,810.00; Expenses: $66,595.34]
Docket 336
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The compensation is approved on a final basis as to Winthrop, Golubrow, Hollander, LLP with fees in the amount of $1,295,810.00 and expenses in the amount of
$66,595.34.
The Court will approve the $200,000 carve-out, which will reduce the amount actually paid to applicant to a total of $1,150,000.00 (instead of $1,362,405.34).
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
2:00 PM
CONT...
Debtor(s):
Modern VideoFilm, Inc.
Party Information
Chapter 11
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides Ryan A Baggs
2:00 PM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
#12.00
Hearing RE: Debtor's Motion For Order (1) Authorizing Debtor To Distribute Funds To Creditors; And (2) Voluntarily Dismiss Chapter 11 Case
(Motion filed 11-9-20)
Docket 334
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion and dismiss the case. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides Ryan A Baggs
2:00 PM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
#13.00
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; 11-13-19; 2-19-20; 5-6-20; 7-15-20; 11-18-20
Docket 168
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will deny the Motion as moot in view of the dismissal of the case. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
2:00 PM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
#14.00
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;
11-13-19; 2-19-20; 5-6-20; 11-18-20
Docket 6
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into whether all UST fees have been paid.
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
2:00 PM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
Adv#: 8:18-01084 Modern VideoFilm, Inc. v. Barkat et al
#15.00
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; 8-19-19; 8-29-18; 6-19-19; 8-21-19; 11-13-19; 6-17-20; 11-18-20
Docket 7
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
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
CONT...
Modern VideoFilm, Inc.
Chapter 11
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
8:19-10212
Hill Concrete Structures
Chapter 11
#16.00
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 1/18/19)
FR: 3-20-19; 6-19-19; 11-13-19; 3-25-20; 6-29-20; 8-26-20; 11-18-20
Docket 8
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the UST's views on this case. Next status conference: TBD.
Party Information
Debtor(s):
Hill Concrete Structures Represented By Michael Jones
2:00 PM
CONT...
Hill Concrete Structures
Sara Tidd
Chapter 11
2:00 PM
8:19-14566
Maria Felix
Chapter 11
#17.00
CONT'D Hearing RE: Motion by U.S. Trustee to Dismiss Case or Convert Case to One Under Chapter 7 Pursuant to 11 U.S.C. Section 1112(b)
(Motion filed 10-14-20)
FR: 11-16-20
Docket 78
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
Maria Felix Represented By
Michael Jones Sara Tidd
2:00 PM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
#18.00
Hearing RE: Amended Motion For Order Disallowing Proof of Claim (Motion filed 10-12-20)
(Amended motion filed 10-15-20)
Claim No. 6 App Group International LLC dba FID Funding $217,355.00
Docket 632
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO CONTINUE HEARING TO FEBRUARY 8, 2021 AT 2:00 PM ENTERED ON 11-9-20 (DOCKET NO. 658).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders
2:00 PM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
#19.00
Hearing RE: Motion For Order Disallowing Proof of Claim (Motion filed 10-15-20)
Claim No. 35-1 BMF Capital $340,000.00
Docket 635
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO CONTINUE HEARING TO FEBRUARY 8, 2021 AT 2:00 PM ENTERED ON 11-9-20 (DOCKET NO. 659).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders
2:00 PM
8:20-11023
2808 Ocean Blvd. LLC, a Texas Limited Liability Co
Chapter 11
#20.00
Hearing RE: Joint Ex parte Application for Emergency Hearing on Joint Motion by Debtor and Creditor Blue Ground Ventures, LLC:
(Motion filed 11-25-20)
(Hearing set per OST entered on 11-25-20)
Reconsiderion of Order Granting Creditor Bridge Loan Financial, Inc. Relief from the Automaticy Stay (F.R.B.P. 9024; F.R.C.P. 60(b))
Stay Pending Appeal (F.R.C.P. 8007)
Docket 88
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
2808 Ocean Blvd. LLC, a Texas Represented By Jeffrey I Golden Beth Gaschen David M Goodrich James A Hayes Jr
2:00 PM
6:03-22114
Michael Gene Gallup and Debra Ann Gallup
Chapter 7
#1.00
CONT Hrg. on Order to Show Cause why this case should not be re-closed on the ground that no valid cause of action regarding an implanted medical device existed on the petition date of August 13, 2003
(Cont. from 9/22/20)
Docket 0
*** VACATED *** REASON: NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 11/09/20 - SLH
Tentative Ruling:
Party Information
Debtor(s):
Michael Gene Gallup Represented By
Judy Driver - INACTIVE -
Joint Debtor(s):
Debra Ann Gallup Represented By
Judy Driver - INACTIVE -
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
6:17-17195
Luis A. Jimenez and Maria T. Jimenez
Chapter 7
#2.00
Hrg. on trustee's final report; applications for compensation
[Larry D. Simons, chapter 7 trustee] [Fees; $988.25; Expenses; $19.25]
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
2:00 PM
CONT...
Luis A. Jimenez and Maria T. Jimenez
Chapter 7
The compensation is approved as to the Trustee, with fees in the amount of $988.25 and expenses in the amount of $19.25.
Bond payments to International sureties are approved .
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Luis A. Jimenez Represented By
C Scott Rudibaugh
Joint Debtor(s):
Maria T. Jimenez Represented By
C Scott Rudibaugh
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
6:19-11097
Edith Rodriguez
Chapter 7
#3.00
Hrg. on trustee's final report; applications for compensation
[Howard Grobstein, chapter 7 trustee] [Fees; $1319.30; Expenses; $0]
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
2:00 PM
CONT...
Edith Rodriguez
Chapter 7
The compensation is approved as to the Trustee, with fees in the amount of $1,319.30 and expenses in the amount of $0.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Edith Rodriguez Represented By David Lozano
Trustee(s):
Howard B Grobstein (TR) Pro Se
2:00 PM
6:19-18367
Affordable Auto Repair, Inc.
Chapter 11
#4.00
Hrg. on Debtor's Objection to Claim No. 6 of California Department of Tax and Fee Administration
Docket 148
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The California Department of Tax and Fee Administration ("CDTFA") filed a tax claim (Claim 6) on or about July 3, 2020, largely for sales and use taxes, in this case.
Following an audit, the CDTFA filed an amended claim in a larger amount than the amount stated on the original claim. Debtor Affordable Auto Repair, Inc. ("Debtor") objects to the CDTFA amended claim on the ground that there is no factual basis for it "because there had no yet been any audit" (i.e., the amended claim was filed before the audit was conducted).
The facts here show that a CDTFA representative executed the amended claim on October 14, 2020 and filed it in this Court on October 14, 2020.
Documentation introduced into evidence by the CDTFA shows that Debtor was
2:00 PM
CONT...
Affordable Auto Repair, Inc.
Chapter 11
notified of the pending audit of the tax periods January 1, 2018 through and including March 31, 2020 by the CDTFA by letter dated September 9, 2020, that the audit was conducted during the month of September 2020 and culminated in the issuance of a Notice of Determination dated September 15, 2020.
To be sure, this is only one of the many tax periods for which the CDTFA is seeking payment of $106,355.03 in amended Claim 6. Amended Claim 6 also seeks payment for tax periods in 2015, 2016, 2017, 2018 (full year, not just the first quarter) and part of 2019. The CDTFA provides no evidence of when audits for these tax periods were performed.
In this situation, the allocation of the burden of proof becomes of critical importance. Under rules applicable to non-tax claims, the burden of proof is on the claimant if the party objecting to the claim produces evidence equal or greater in probative force to the evidence shown in the proof of claim. However, the rule for tax claims is entirely different. The Supreme Court of the United States determined in Raleigh v. Illinois Department of Revenue, 530 U.S. 15, 120 S. Ct. 1951, 147 L. Ed. 2d 13 (2007) that the burden of proof with respect to allowance or disallowance of tax claims is determined on the basis of applicable non-bankruptcy tax law.
California allocates the burden of proof on tax matters here at issue to the taxpayer. Thus, Debtor has the burden of proof here and has failed to carry that burden.
Debtor has failed to prove that the proposed assessments of taxes and interest set forth in the Notices of Determination are incorrect or invalid.
Accordingly, the objection to Claim 6 is overruled. Claim 6 is allowed in its full amount.
Party Information
Debtor(s):
Affordable Auto Repair, Inc. Represented By Michael Jones Sara Tidd
2:00 PM
CONT...
Affordable Auto Repair, Inc.
Chapter 11
2:00 PM
6:19-18367
Affordable Auto Repair, Inc.
Chapter 11
#5.00
Hrg. on Debtor's Objection to Claim No. 10 of California Dept. of Tax and Fee Administration
Docket 149
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The California Department of Tax and Fee Administration ("CDTFA") filed a tax claim (Claim 10) on or about May 27, 2020 in this case. Following an audit, on October 14, 2020, the CDTFA filed an amended claim in a larger amount than the amount stated on the original claim. The Court assigned Claim No. 10-3 to this amended claim.
Debtor Affordable Auto Repair, Inc. ("Debtor") objects to claim 10-3 on the ground that there is no factual basis for it "because there had no yet been any audit" (i.e., the amended claim was filed before the audit was conducted).
The facts here show that Claim 10 was amended again through an amended proof of claim filed in this Court on November 4, 2020 (thus becoming Claim 10-4). The difference between Claim 10-3 and Claim 10-4 is that Claim 10-4 adds a claim in the
2:00 PM
CONT...
Affordable Auto Repair, Inc.
Chapter 11
amount of $20,255.32 with respect to the tax period July 1, 2020 through September 30, 2020.
The Court determines that Claim 10-3 – the claim to which Debtor has objected – has been superseded by Claim 10-4. The Court therefore disallows Claim 10-3 in its entirety as a superseded claim. Claim 10-4 – to which Debtor has not objected – remains outstanding in its full amount. All rights are reserved to Debtor to object to Claim 10-4.
Debtor to lodge order.
Party Information
Debtor(s):
Affordable Auto Repair, Inc. Represented By Michael Jones Sara Tidd
2:00 PM
6:20-12017
Jorge Antonio Zendejas and Rosa Isela Zendejas
Chapter 7
#6.00
Hrg. on Motion for Turnover of Estate Property held by debtors pursuant to 11 USC § 542(a) and (e)
Docket 21
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Jorge Antonio Zendejas Represented By Daniel King
Joint Debtor(s):
Rosa Isela Zendejas Represented By Daniel King
2:00 PM
CONT...
Movant(s):
Jorge Antonio Zendejas and Rosa Isela Zendejas
Chapter 7
Larry D Simons (TR) Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
6:20-12274
Absolute Care Assisted Living & Memory Care, LLC
Chapter 11
#7.00
Hrg. on Motion for an order approving post petition loan with third party lender pursuant to 11 U.S.C. Section 364(b)
Docket 73
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Pursuant to Sherman v. Habin (In re Habin), 486 F.3d 570 (9th Cir. 2007), the Court grants retroctive approval of the postpetition financing transaction proposed here. The Court exercises its equitable powers in this regard, finding that the four criteria set forth in Sherman have been met (or are not applicable).
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Absolute Care Assisted Living & Represented By
Robert S Altagen
2:00 PM
CONT...
Movant(s):
Absolute Care Assisted Living & Memory Care, LLC
Chapter 11
Absolute Care Assisted Living & Represented By
Robert S Altagen
9:00 AM
8:16-11202
QF Liquidation Inc.
Chapter 11
#1.00
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; 12-4-19; 6-17-20;
6-29-20
Docket 38
*** VACATED *** REASON: OFF CALENDAR - ORDER CLOSING CASE ENTERED ON 11-20-2020 (DOCKET NO. 810).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
9:00 AM
8:15-14817
Tracy Lee Edwards
Chapter 7
Adv#: 8:16-01008 Marin et al v. Edwards
#2.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint (Set per Order Entered 5/19/2020)
FR: 7-15-20
Docket 100
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire whether this adversary proceeding can now be dismissed and the main bankruptcy case closed.
Party Information
Debtor(s):
Tracy Lee Edwards Represented By Dennis Connelly
Defendant(s):
Tracy Lee Edwards Represented By Dennis Connelly
9:00 AM
CONT...
Tracy Lee Edwards
Chapter 7
Plaintiff(s):
Martin Marin Represented By
Robert J Younger
World Power Wrestling Represented By Robert J Younger
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
8:17-14396
Styles For Less, Inc., a California corporation
Chapter 7
Adv#: 8:19-01212 Kosmala v. DeAngelo, SR et al
#3.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(b), 548(a)(1)(A), 550, And California Civil Code Sections 3439.04(a)(1), 3439.07 And 3439.09;
To Avoid Transfer And Recover Fraudulent Transfers Pursuant To 11
U.S.C. Sections 544(b), 548(a)(1)(B), 550, And California Civil Code Sections 3439.04(a)(2), 3439.07 And 3439.09;
To Avoid And Recover Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550;
To Preserve Transfers For The Benefit Of The Estate Pursuant To 11
U.S.C. Section 551;
To Disallow Claim Pursuant To 11 U.S.C. Section 502(d); And
For Breach Of Fiduciary Duties Of Loyalty And Care (Complaint filed 11/6/19)
FR: 1-29-20; 3-25-20; 6-29-20
Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING STATUS CONFERENCE TO APRIL 14, 2021 AT 9:00 AM ENTERED ON 11-19-20 (DOCKET NO. 26).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
CONT...
Styles For Less, Inc., a California corporation
Chapter 7
Defendant(s):
Michael DeAngelo SR Represented By Sean A OKeefe
Michael DeAngelo JR Represented By Sean A OKeefe
August DeAngelo II Represented By Sean A OKeefe
Jason DeAngelo Represented By Sean A OKeefe
Gina Womack Represented By Sean A OKeefe
Douglas Periera Represented By Sean A OKeefe
Plaintiff(s):
Weneta M.A. Kosmala Represented By Jeffrey I Golden
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello
9:00 AM
8:18-13694
Jennifer Trujillo
Chapter 7
Adv#: 8:18-01218 Renaissance Medical Group, Inc. v. Trujillo
#4.00
CONT'D STATUS CONFERENCE RE: Complaint to determine dischargeability of a debt pursuant to 11 U.S.C. section 523(a)(4)
(Complaint filed 12-21-18)
[Case transferred from CB on 7/31/2020]
Fr: 3/12/19, 6/25/19, 10/22/19, 4/28/20, 7/21/20, Advanced from 12-8-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to March 10, 2021 at 9:00 a.m. An updated status report is due February 24, 2021.
The status report should specifically report on the status of Dr. Lee's criminal trial. COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Jennifer Trujillo
Chapter 7
Jennifer Trujillo Represented By Daniel King
Defendant(s):
Jennifer Trujillo Pro Se
Plaintiff(s):
Renaissance Medical Group, Inc. Represented By
Bradley J Yourist
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
8:19-11047
Eric Wayne Mydland
Chapter 7
Adv#: 8:19-01128 Tom Lange Company International, Inc. et al v. Mydland
#5.00
CONT'D PRE-TRIAL 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) (PTC set at S/C held 9/18/19)
FR: 9-18-19; 6-17-20; 8-19-20
Docket 6
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE TO MAY 19, 2021 AT 9:00 AM ENTERED ON 11-9-20. (DOCKET NO. 23).
Tentative Ruling:
Party Information
Debtor(s):
Eric Wayne Mydland Represented By
Bryant C MacDonald
Defendant(s):
Eric Wayne Mydland Represented By Charity J Manee
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
9:00 AM
CONT...
Trustee(s):
Eric Wayne Mydland
Chapter 7
Richard A Marshack (TR) Represented By Anerio V Altman
9:00 AM
8:19-11212
Marc Solomon Tenner
Chapter 7
Adv#: 8:19-01094 DeLuca et al v. Tenner
#6.00
Hearing RE: Motion for Relief From the Pre-trial Stipulation (Motion filed 11-4-20)
Docket 24
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The facts surrounding the Parties' efforts to arrive at a pretrial stipulation are in substantial dispute. An evidentiary hearing at which Defendant and Plaintiff's attorney will testify under oath as to those facts will be required before the Court can determine Defendant's motion for relief from the pretrial stipulation.
However, the Courthouse is closed at the present time to non-emergency hearings. It is uncertain as to when the Courthouse will reopen. Accordingly, the Court continues the hearing on the Motion to April 21, 2021 at 9:00 a.m. No motion for summary judgment may be filed (or will be heard) until after the present motion is determined by the Court.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Marc Solomon Tenner
Chapter 7
Marc Solomon Tenner Represented By Marc Weitz
Defendant(s):
Marc Solomon Tenner Pro Se
Plaintiff(s):
John DeLuca Represented By
Timothy F Umbreit Thomas K Emmitt
Lenore DeLuca Represented By Timothy F Umbreit Thomas K Emmitt
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-11370
Carrie Jean Heckel
Chapter 7
Adv#: 8:20-01087 Casey v. Heckel
#7.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(A);
Avoidance Of Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(B);
Avoidance Of Transfer Pursuant To The California Uniform Avoidable Transactions Act [Cal. Civ. Code Sections 3439.04 And 3439.07]
Avoidance Of Transfer Pursuant To The California Uniform Avoidable Transactions Act [Cal. Civ. Code Sections 3439.05 And 3439.07]
Recovery Of Avoided Transfers [11 U.S.C. Section 550]; And
Declaratory Reliefl And Turnover [11 U.S.C. Sections 541 And 542] (Complaint filed 5/19/2020)
FR: 8-12-20
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will issue the following scheduling order: All discovery shall close on June 30, 2021.
9:00 AM
CONT...
Carrie Jean Heckel
Chapter 7
All discovery motions shall be heard before July 31, 2021.
All pretrial motions (except motions in limine) shall be heard before August 31, 2021. Pretrial conference is set for September 15, 2021 at 9:00 a.m.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Carrie Jean Heckel Represented By Paul S Nash
Defendant(s):
Rhett James Heckel Represented By Kathy McCormick
Plaintiff(s):
Thomas H Casey Represented By William M Burd
Trustee(s):
Thomas H Casey (TR) Represented By Karen S. Naylor
9:00 AM
8:19-12127
Richard J. Kelly
Chapter 7
Adv#: 8:19-01183 Brinks, MD et al v. Kelly
#8.00
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; 12-4-19; 4-22-20, 9-23-20
Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING STATUS CONFERENCE TO DECEMBER 14, 2020 AT 2:00 PM ENTERED ON 11-25-20 (DOCKET NO. 26).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Richard J. Kelly Represented By
J Scott Williams
Defendant(s):
Richard J. Kelly Represented By
J Scott Williams
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
9:00 AM
CONT...
Richard J. Kelly
Chapter 7
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) Represented By Faye C Rasch
9:00 AM
8:19-14162
Eric Daniel Merrell
Chapter 7
Adv#: 8:20-01012 Lohr v. Merrell et al
#9.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Determination Of Dischargeability Of Debt
(Complaint filed 2/3/2020) FR: 4-22-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Based upon Mr. Berger's medical condition, the Court will continue the status conference to January 27, 2021 at 9:00 a.m.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Eric Daniel Merrell Represented By Heather J Canning
9:00 AM
CONT...
Eric Daniel Merrell
Chapter 7
Defendant(s):
Eric Daniel Merrell Represented By David Brian Lally
Julie Mary Angeline Merrell Represented By David Brian Lally
Joint Debtor(s):
Julie Mary Angeline Merrell Represented By Heather J Canning
Plaintiff(s):
Kathy Lohr Represented By
Stephen W Berger
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders
9:00 AM
8:20-11083
239 Carnation LLC, a Texas Limited Liability Compa
Chapter 11
Adv#: 8:20-01112 Fineline Woodoworking, Inc. v. Bridge Loan Financial, Inc. et al
#10.00
CONT'D STATUS CONFERENCE Hearing RE: Amended Adversary Complaint For:
Declaratory Relief (Reserved Fund);
Declaratory Relief (Mechanic's Lien Property);
Enforcement Of Stop Payment;
Breach of Contract
Breach Of Implied Warranty Of Authority; And
Fraud In The Inducement (Demand for Jury Trial) (Complaint filed 7/31/2020)
(Amended Complaint filed 11-5-20) FR: 10-21-20
Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE TO FEBRUARY 24, 2021 AT 9:00 AM ENTERED ON 11/16/20 (DOCKET NO. 34)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
239 Carnation LLC, a Texas Limited Represented By
Jeffrey I Golden Beth Gaschen
Defendant(s):
Bridge Loan Financial, Inc. Pro Se
Steven Perkins Pro Se
239 Carnation, LLC Pro Se
9:00 AM
CONT...
239 Carnation LLC, a Texas Limited Liability Compa
Chapter 11
Plaintiff(s):
Fineline Woodoworking, Inc. Represented By James A Hayes Jr
9:00 AM
8:20-11578
Toby Thien Tran
Chapter 7
Adv#: 8:20-01132 Tran v. United States Department of Education et al
#11.00
Hearing RE: Educational Credit Management Corporation's Motion to Set Aside Entry of Default
(Motion filed 10-30-20)
Docket 18
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant for the reasons argued in the Motion and in the Omnibus Reply.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Toby Thien Tran Pro Se
Defendant(s):
United States Department of Pro Se Educational Credit Management Represented By
9:00 AM
CONT...
Toby Thien Tran
Scott A Schiff
Chapter 7
Plaintiff(s):
Toby T Tran Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
8:20-11578
Toby Thien Tran
Chapter 7
Adv#: 8:20-01132 Tran v. United States Department of Education et al
#12.00
Hearing RE: Motion To Set Aside Or Vacate Entry Of Default Against United States Department Of Education
(Motion filed 11-2-20)
Docket 20
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant for the reasons argued in the Motion and in the Omnibus Reply.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Toby Thien Tran Pro Se
Defendant(s):
Educational Credit Management Represented By
Scott A Schiff
9:00 AM
CONT...
Toby Thien Tran
Chapter 7
United States Department of Represented By Elan S Levey
Plaintiff(s):
Toby T Tran Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
8:20-11588
Veronica Kilada
Chapter 7
Adv#: 8:20-01134 Naylor v. Kilada
#13.00
STATUS CONFERENCE RE: Chapter 7 Trustee's First Amended Complaint Against Fady Kilada for:
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)
Avoidance of Preference Transfer Under 11 U.S.C. Section 547
Recovery of Transfer per 11 U.S.C Section 550
Turnover of Property of the Estate Pursuant to 11 U.S.C. Section 542 (Complaint filed 9-16-20)
(Amended Complaint filed 9-17-20)
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to January 13, 2021 at 9:00 a.m. so that it may be heard at the same time as the motion to dismiss.
COURT TO PREPARE ORDER.
9:00 AM
CONT...
Debtor(s):
Veronica Kilada
Party Information
Chapter 7
Veronica Kilada Represented By Onyinye N Anyama
Defendant(s):
Fady Kilada Pro Se
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
2:00 PM
8:19-14489
Luis Daniel Ochoa
Chapter 11
#1.00
Hearing RE: Motion for Order Tentatively Approving Disclosure Statement Describing Plan of Reorganization as Containing Adequate Information Pursuant to Bankruptcy Code Sec.1125(a)(1)(B); Request to Hold a Confirmation Hearing Contemporaneously with the Disclosure Hearing
(D.S. & Plan filed 10/7/20) (Motion filed 10/7/20)
Docket 68
*** VACATED *** REASON: OFF CALENDAR - ORDER DENYING MOTION ENTERED ON 10-14-20 (DOCKET NO. 72).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Luis Daniel Ochoa Represented By Anerio V Altman
9:00 AM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
Adv#: 6:20-01159 International Fidelity Insurance Company v. Fleming, Sr
#1.00
STATUS CONFERENCE re: Complaint by International Fidelity Insurance Company against Terry Lee Fleming Sr. (21 (Validity, priority or extent of lien or other interest in property))
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will issue the following scheduling order:
All discovery shall close on July 31, 2021.
All discovery motions shall be heard before August 31, 2021.
All pretrial motions (except motions in limine) shall be heard before September 30, 2021.
Pretrial conference is set for October 26, 2021 at 9 a.m. COURT TO PREPARE ORDER.
9:00 AM
CONT...
Debtor(s):
Terry Lee Fleming, Sr
Party Information
Chapter 11
Terry Lee Fleming Sr Represented By James E Till
Michael B Reynolds
Defendant(s):
Terry Lee Fleming Sr Represented By James E Till
Plaintiff(s):
International Fidelity Insurance Represented By Robert J Berens
9:00 AM
6:20-12897
Marco A. Rojas Razo
Chapter 7
Adv#: 6:20-01162 Bui v. Rojas
#2.00 STATUS CONFERENCE re: Complaint by Lynda T. Bui against Luis Armando Rojas. ($350.00 Fee Charge To Estate). 1) Avoidance Of Intentional Fraudulent Transfers And Recovery Of Same [11 U.S.C. §§ 544, 550, 551; Cal. Civ. Code
§§ 3439.04, 3439.07, 3439.08]; 2) Avoidance Of Constructive Fraudulent Transfers And Recovery Of Same [11 U.S.C. §§ 544, 550, 551; Cal. Civ. Code
§§ 3439.04, 3439.05, 3439.07, 3439.08, 3439.09]; 3) Disallowance Of Claims
[11 U.S.C. § 502(d)]; 4) Unjust Enrichment [11 U.S.C. § 105]; and 5) Declaratory
Relief [11 U.S.C. §§ 541, 544; Fed. R. Bankr. Pro. 7001(9)] Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(91 (Declaratory judgment))
Docket 1
*** VACATED *** REASON: CONTINUED TO 1/26/21 AT 2:00 P.M. BY ORDER ENTERED ON 11/12/20 - SLH
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Marco A. Rojas Razo Represented By Joseph A Weber Fritz J Firman
Defendant(s):
Luis Armando Rojas Represented By Fritz J Firman
Plaintiff(s):
Lynda T. Bui Represented By
Rika Kido
Trustee(s):
Lynda T. Bui (TR) Represented By
9:00 AM
CONT...
Marco A. Rojas Razo
Rika Kido
Chapter 7
9:00 AM
8:18-10218
Lourdes Watters
Chapter 13
#1.00
CONT'D Motion for relief from stay [Real Property]
MTGLQ Investors, LP, Its Assignees And/Or Successors vs. DEBTOR (Motion filed 7/27/2020)
[RE : 23905 Matador Way, Murrieta, CA 92562]
FR: 8-24-20; 10-5-20; 11-2-20
[Tele. appr., Jennifer C. Wong, repr., Rushmore Loan Management Services, LLC]
Docket 51
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant the motion for relief from stay pursuant to 11 U.S.C. § 362(d)(1) and annul the stay, contingent on Movant rescinding the foreclosure sale and placing title to the subject property into the Debtor's name.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
Lourdes Watters
Party Information
Chapter 13
Lourdes Watters Represented By Bryn C Deb
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-13264
Mehmet Gokhan Bulak
Chapter 13
#2.00
CONT'D Motion for relief from stay [Real Property]
Metropolitan Life Insurance Company vs DEBTOR (Motion filed 9-30-20)
[RE: 4 Altezza Drive, Mission Viejo, California 92692]
[Tele. appr., Dane Exnowski, repr., Metropolitan Life Insurance Company] [Tele. appr., Chantal Van Ongervalle, repr., Debtor]
Docket 39
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire whether the Parties have been able to resolve this matter consensually.
Party Information
Debtor(s):
Mehmet Gokhan Bulak Represented By
9:00 AM
CONT...
Trustee(s):
Mehmet Gokhan Bulak
Raj T Wadhwani
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10598
Jose Pedro Bautista and Silvia Ruth Bautista
Chapter 7
#1.00
Hearing RE: Motion By Debtors To Dismiss Voluntary Chapter 7 Bankruptcy (Motion filed 11-16-20)
Docket 81
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court intends to grant the Motion and dismiss the case. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Jose Pedro Bautista Represented By Marlin Branstetter
Joint Debtor(s):
Silvia Ruth Bautista Represented By Marlin Branstetter
2:00 PM
CONT...
Trustee(s):
Jose Pedro Bautista and Silvia Ruth Bautista
Chapter 7
Karen S Naylor (TR) Pro Se
2:00 PM
8:20-11795
Byron York Priestley
Chapter 11
#2.00
Hearing RE: 20 Cap Fund I, LLC's Motion to Dismiss or Convert Debtor's Chapter 11 Bankruptcy Proceeding to a Chapter 7 Bankruptcy Proceeding (Motion filed 10-30-20)
[Tele. appr., Rosty G. Gore, repr., FCI Lender Services, Inc, and 20 Cap Fund I, LLC]
Docket 58
*** VACATED *** REASON: OFF CALENDAR - CASE CONVERTED TO CHAPTER 7 ON 11-25-20 (DOCKET NO. 67).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Byron York Priestley Represented By Anerio V Altman
2:00 PM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#1.00
Hrg. on Fourth Interim Application For Award Of Compensation And Reimbursement Of Expenses Of Danning, Gill, Israel & KrasnofF, LLP, As General Counsel To Chapter 7 Trustee, Period: 11/1/2019 to 10/31/2020, Fee:
$167,088.50, Expenses: $5,488.32
(Tele. appr. Muhammed Hussain, speciallty appearing for Special Counsel Encore Law Group)
(Tele. appr. George Schulman, rep. chapter 7 trustee)
Docket 552
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The compensation is approved on an interim basis as to Danning, Gill, Israel & Krasnoff, LLP, with fees in the amount of $167,088.50 and expenses in the amount of
$15,413.21.
Full payment of these amounts is approved.
APPLICANT TO LODGE A SINGLE ORDER COVERING ALL
2:00 PM
CONT...
Healthcare Industry Self Insurance Program of Cali
Chapter 7
PROFESSIONALS VIA LOU WITHIN 7 DAYS.
Party Information
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 IV Justin P Karczag
2:00 PM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#2.00
Hrg on Second Interim Application for Compensation and Reimbursement of Expenses for Grobstein Teeple LLP, Accountant, Period: 10/14/2018 to 10/30/2020, Fee: $27,742.00, Expenses: $3.06
(Tele. appr. Muhammed Hussain, speciallty appearing for Special Counsel Encore Law Group)
(Tele. appr. George Schulman, rep. chapter 7 trustee)
Docket 546
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The compensation is approved on an interim basis as to Grobstein Teeple, LLP, with fees in the amount of $27,742.00 and expenses in the amount of $3.06.
Full payment of these amounts is approved.
DANNING, GILL, ISRAEL & KRASNOFF, LLP TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
Healthcare Industry Self Insurance Program of Cali
Chapter 7
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Grobstein Teeple LLP Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
2:00 PM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#3.00
Hrg. on Application for Interim Award of Compensation and Reimbursement of Expenses for Encore Law Group LLP, Special Counsel, Period: 6/30/2018 to 10/31/2020, Fee: $102,400.00, Expenses: $424.86
(Tele. appr. Muhammed Hussain, speciallty appearing for Special Counsel Encore Law Group)
(Tele. appr. George Schulman, rep. chapter 7 trustee)
Docket 547
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The compensation is approved on an interim basis as to Encore Law Group, LLP, with fees in the amount of $120,400.00 and expenses in the amount of $424.86.
Full payment of these amounts is approved.
DANNING, GILL, ISRAEL & KRASNOFF, LLP TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
Healthcare Industry Self Insurance Program of Cali
Chapter 7
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
Movant(s):
Encore Law Group LLP Represented By Justin P Karczag
Trustee(s):
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
#4.00
CONT Hrg. on Debtor's Motion filed 1/6/20 omnibus objection to claims 7, 8, 9 & 10
(Cont. from 7/21/20)
(Tele. appr. Martin Eliopulos, rep. creditor Havasu Lakeshore Investments)
Docket 432
Tentative Ruling:
APPEARANCES NOT REQUIRED.
A timely-filed proof of claim constitutes prima facie evidence of the claim’s validity and
amount. To defeat the claim, the objecting party must come forward with countervailing evidence equal or greater in probative force to the probative force of the evidence in the proof of claim. Wright v. Holm (In re Holm), 931 F.2d 620 (9th Cir. 1991). If the objecting party is successful in this regard, the burden of proof then shifts to the claimant to prove up its claim by a preponderance of the evidence.
Claim 7
2:00 PM
CONT...
Terry Lee Fleming, Sr
Chapter 11
Claim 7, filed by Havasu Lakeshore Investments, LLC ("HLI") is based upon a state court judgment against the debtor Terry Lee Fleming, Sr. ("Debtor") in the amount of $3,659,343.00 (this does not include post-judgment interest). An appeal of the judgment was dismissed, and the Supreme Court of California denied review.
Debtor objects to Claim 7 on the ground that it is the subject of a pending adversary proceeding, and he purports to incorporate all the arguments and objections to the claim set forth in the adversary proceeding.
The Court determines that, at the present time, evidence proffered by Debtor fails to satisfy the standard established in Wright v. Holm. The objection is overruled without prejudice. It may be reasserted if Debtor is successful in the aforementioned adversary proceeding.
Claim 8
Claim 8 is a $200,000 claim of HLI related to an appeal bond posted by Debtor with the Clerk of the Riverside County Superior Court in accordance with that Court’s order staying execution and enforcement of a judgment. Debtor objects to Claim 8 on the ground that it is not supported by the treatment accorded to such claim under Debtor’s Second Amended Plan of Reorganization Dated November 1, 2018 (the "Second Amended Plan.")
This Court’s order confirming the Second Amended Plan has been vacated by the United States Bankruptcy Appellate Panel for the Ninth Circuit. This Court overrules the objection to Claim 8 without prejudice on grounds of mootness.
Claim 9
Claim 9 is a $40,535 claim of HLI based upon an attorney fee award regarding a frivolous appeal in case no. G054107. Attached to Claim 8 is a copy of the pleading whereby HLI and others sought an imposition of sanctions against Debtor in the California Court of Appeal (4th Appellate District, Division 3) and the declaration of Frederick Reich, Esq. in support thereof. Backup consists of itemized attorney billing records. Debtor objects that Claim 9 is not supported by Debtor’s books and
2:00 PM
CONT...
Terry Lee Fleming, Sr
Chapter 11
records and notes that no state court has yet awarded the sanctions requested. The state court action in question is currently stayed by reason of the automatic stay.
The Court determines that the evidence set forth in Debtor’s objection is not equal in probative force to the evidence in Claim 9. Accordingly, the objection is overruled without prejudice.
Claim 10
Claim 10 is a claim of Jean and Linda Peloquin and others for $170,785.95 based upon a state court amended judgment in case no. CIV NS 1300018. A copy of the amended judgment is attached as an exhibit to Claim 10. Debtor argues that Claim 10 should be disallowed in its entirety because it is not supported by his books and records and because there is no basis for asserting a claim on behalf of Capital Source Properties.
The reference in Claim 10 to Capital Source Properties is quite possibly a typographical or clerical error. This Court would permit Claim 10 to be amended to correct that type of error. The probative force of the attached amended judgment considerably exceeds the probative force of a declaration that the amended judgment does not agree with Debtor’s books and records. This objection is overruled with prejudice.
Claim "2.4"
Debtor objects to Claim "2.4," supposedly a claim of J. Victor Construction Profit Sharing Pension Plan (the "JVC Plan") in the amount of $44,551.40. The Court has been unable to locate any such claim. Claim 2-1 is a claim of American Express Bank, FSB in the amount of $522.30. Claim 2-4 does not exist. Claim 4 is a claim of a party seemingly totally unrelated to the JVC Plan. This objection is overruled with prejudice.
HLI to lodge order.
Party Information
2:00 PM
CONT...
Debtor(s):
Terry Lee Fleming, Sr
Chapter 11
Terry Lee Fleming Sr Represented By James E Till
Michael B Reynolds
Movant(s):
Terry Lee Fleming Sr Represented By James E Till
Michael B Reynolds
2:00 PM
6:18-13918
Ruben Valdivia
Chapter 7
#5.00
Hrg. on trustee's final report; applications for compensation
[Larry Simons, chapter 7 trustee] [Fees; $2367.50; Expenses; $504.31]
[Attorney for chapter 7 trustee] [Fees; $12000.00; Expenses; $187.52]
Docket 77
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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).
2:00 PM
CONT...
Ruben Valdivia
Chapter 7
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of $2,367.50 and expenses in the amount of $504.31.
The compensation is approved as to Law Offices of Larry D. Simons, with fees in the amount of $12,000.00 and expenses in the amount of $187.52.
The compensation is approved as to Samuel R. Biggs, with fees in the amount of
$1,000.00 and expenses in the amount of $0.00. USBC charges are approved in the amount of $350.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Ruben Valdivia Pro Se
Trustee(s):
Larry D Simons (TR) Represented By Frank X Ruggier
2:00 PM
6:19-16058
Karina Diaz
Chapter 7
#6.00
Hrg. on trustee's final report; applications for compensation
[Lynda Bui, chapter 7 trustee] [Fees; $588.21]
Docket 21
Tentative Ruling:
APPEARANCES NOT REQUIRED.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
2:00 PM
CONT...
Karina Diaz
Chapter 7
The compensation is approved as to the Trustee, with fees in the amount of $588.21 and expenses in the amount of $0.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Karina Diaz Represented By
Rex Tran
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
6:19-16518
Gamaliel Michel and Elva Michel
Chapter 7
#7.00
Hearing on Trustee's final report; applications for compensation
[Howard Grobstein, chapter 7 trustee] [Fees; $1350.00]
Docket 33
Tentative Ruling:
APPEARANCES NOT REQUIRED.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
2:00 PM
CONT...
Gamaliel Michel and Elva Michel
Chapter 7
The compensation is approved as to the Trustee, with fees in the amount of $1,350.00 and expenses in the amount of $0.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Gamaliel Michel Represented By Roland H Kedikian
Joint Debtor(s):
Elva Michel Represented By
Roland H Kedikian
Trustee(s):
Howard B Grobstein (TR) Pro Se
2:00 PM
6:19-18367
Affordable Auto Repair, Inc.
Chapter 11
#8.00
Hrg. on QuarterSpot, Inc.'s Motion filed 10/28/20 to allow late filed creditor's proof of claim
Docket 141
*** VACATED *** REASON: ORDER APPROVING STIPULATION FOR ENTERED ON 10/30/20
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Affordable Auto Repair, Inc. Represented By Michael Jones Sara Tidd
Movant(s):
QuarterSpot, Inc. Represented By Katrina M Brown
2:00 PM
6:19-20052
Ion Tripsea and Estella Tripsea
Chapter 7
#9.00
Hrg. on trustee's final report; applications for compensation EH
[Lynda Bui, chapter 7 trustee] [Fees; $418.18]
Docket 25
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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
2:00 PM
CONT...
Ion Tripsea and Estella Tripsea
Chapter 7
services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of $418.00 and expenses in the amount of $0.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Ion Tripsea Represented By
Keith Q Nguyen
Joint Debtor(s):
Estella Tripsea Represented By Keith Q Nguyen
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
6:20-11192
Jeffrey Morgan Smith and Roselynne Bautista
Chapter 7
#10.00
Hrg. on trustee's final report; applications for compensation
[Robert Whitemore, chapter 7 trustee] [Fees; $540.75; Expenses; $132.95]
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
2:00 PM
CONT...
Jeffrey Morgan Smith and Roselynne Bautista
Chapter 7
The compensation is approved as to the Trustee, with fees in the amount of $540.75 and expenses in the amount of $132.95.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Jeffrey Morgan Smith Represented By David L Nelson
Joint Debtor(s):
Roselynne Bautista Represented By David L Nelson
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
6:20-14155
Power Bail Bonds, Inc.
Chapter 11
#11.00
Hrg. on Application for Compensation First Interim for Reid & Hellyer, Debtor's Attorney, Period: 6/15/2020 to 10/31/2020, Fee: $113,374.00, Expenses:
$2,676.67
(Tele. appr. Corrie Kiekowski, rep. Debtor) (Tele. appr. Caroline Djang, rep. Caroline Djang) (Tele. appr. John Mayer)
(Tele. appr. Douglas Plazak rep. Debtor)
(Tele. appr. Cameron Ridley, rep. U.S. Trustee)
(Tele. app. Leonard Shulman, rep. creditor, Lexington National Insurance Corporation)
Docket 195
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
2:00 PM
CONT...
Power Bail Bonds, Inc.
Chapter 11
The Court will grant LNIC's request for judicial notice.
The Court will approve the stipulation between United States Trustee and Reid & Hellyer, APC, and overrule the objection of LNIC.
The compensation is approved on an interim basis as to Reid & Hellyer, APC, with fees in the amount of $112,856.00 and expenses in the amount of $2,676.67.
REID & HELLYER, APC TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
Trustee(s):
Caroline Renee Djang Pro Se
2:00 PM
6:20-14155
Power Bail Bonds, Inc.
Chapter 11
#12.00
Hrg. on Application for Compensation First Interim for John R Mayer, Special Counsel, Period: 6/15/2020 to 10/31/2020, Fee: $32,947.50, Expenses: $31.45
(Tele. appr. Corrie Kiekowski, rep. Debtor) (Tele. appr. Caroline Djang, rep. Caroline Djang) (Tele. appr. John Mayer)
(Tele. appr. Douglas Plazak rep. Debtor)
(Tele. appr. Cameron Ridley, rep. U.S. Trustee)
(Tele. app. Leonard Shulman, rep. creditor, Lexington National Insurance Corporation)
Docket 197
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
2:00 PM
CONT...
Power Bail Bonds, Inc.
Chapter 11
The compensation is approved on an interim basis as to John R. Mayer, with fees in the amount of $32,947.50 and expenses in the amount of $31.15.
Taking into account various adjustmentts proposed by counsel, $15,271.15 in fees and
$31.15 in costs shall be paid.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
Trustee(s):
Caroline Renee Djang Pro Se
2:00 PM
6:20-14155
Power Bail Bonds, Inc.
Chapter 11
#13.00
Hrg. on Application for Compensation Interim Fees for Paul Plevin, Sullivan & Connaughton, LLP, Special Counsel for Debtor, Fee: $ 5,509.50; Expenses:
$25,000.00
EH
(Tele. appr. Corrie Kiekowski, rep. Debtor) (Tele. appr. Caroline Djang, rep. Caroline Djang) (Tele. appr. John Mayer)
(Tele. appr. Douglas Plazak rep. Debtor)
(Tele. appr. Cameron Ridley, rep. U.S. Trustee)
(Tele. app. Leonard Shulman, rep. creditor, Lexington National Insurance Corporation)
Docket 203
Tentative Ruling:
2:00 PM
CONT...
Power Bail Bonds, Inc.
Chapter 11
TELEPHONIC APPEARANCES REQUIRED.
Sustain objection of LNIC and disapprove (without prejudice) the application of Paul, Plevin, Sullivan & Connaughton LLP as untimely. Paul, Plevin will need to re-apply in a timely manner.
LNIC TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
Trustee(s):
Caroline Renee Djang Represented By Caroline Djang
2:00 PM
6:20-14155
Power Bail Bonds, Inc.
Chapter 11
#14.00
CONT. Hrg. on Scheduling Order re Objection to Claim of Lexington National Insurance Company (Claim 16)
From: 10/20/20)
(Tele. appr. Corrie Kiekowski, rep. Debtor) (Tele. appr. Caroline Djang, rep. Caroline Djang) (Tele. appr. John Mayer)
(Tele. appr. Douglas Plazak rep. Debtor)
(Tele. appr. Cameron Ridley, rep. U.S. Trustee)
(Tele. app. Leonard Shulman, rep. creditor, Lexington National Insurance Corporation)
Docket 127
*** VACATED *** REASON: ORDER APPROVING STIPULATION TO DISMISS OBJECTION TO CLAIM ENTERED ON 10/26/20
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
Movant(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
2:00 PM
CONT...
Trustee(s):
Power Bail Bonds, Inc.
Reid & Hellyer A Pro
Chapter 11
Caroline Renee Djang Pro Se
2:00 PM
6:20-14155
Power Bail Bonds, Inc.
Chapter 11
#15.00
CONT Hrg. on Chapter 11 Subchapter V Status Conference From: 10/20/20
(Tele. appr. Corrie Kiekowski, rep. Debtor) (Tele. appr. Caroline Djang, rep. Caroline Djang) (Tele. appr. John Mayer)
(Tele. appr. Douglas Plazak rep. Debtor)
(Tele. appr. Cameron Ridley, rep. U.S. Trustee)
(Tele. app. Leonard Shulman, rep. creditor, Lexington National Insurance Corporation)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
2:00 PM
CONT...
Power Bail Bonds, Inc.
Chapter 11
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
The Court will inquire of Ms. Djang whether she has (i) a great deal of confidence, (ii) some confidence, or (iii) little or no confidence in Debtor's estimate that the collection of existing accounts receivable will yield enough cash to pay all creditors 100%.
Next status conference: March 23, 2021 at 9:00 a.m. An updated status report is due March 9, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
Trustee(s):
Caroline Renee Djang Pro Se
2:00 PM
6:20-14627
Aurelio Felix Barreto, III
Chapter 7
Adv#: 6:20-01179 Whitmore v. Barreto
#16.00
CONT. Hrg. on Order to Show Cause re: Preliminary Injuction From: 11/17/20
(Tele. appr. Michelle Marchisotto, rep. Plaintiff) (Tele. appr. Todd Turoci, rep. Defendants)
Docket 2
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant the preliminary injunction.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Aurelio Felix Barreto III Represented By John P O'Connell
2:00 PM
CONT...
Aurelio Felix Barreto, III
Chapter 7
Defendant(s):
Peggy C Barreto Pro Se
Plaintiff(s):
Robert Whitmore Represented By
Michelle A Marchisotto
Trustee(s):
Robert Whitmore (TR) Represented By
Michelle A Marchisotto
2:00 PM
8:19-14538
Sean Williams and Beverly Williams
Chapter 13
#1.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan
[CB's case transferred on 7/31/2020]
FR: 2-6-20; 3-12-20; 4-9-20; 6-11-20; 8-13-20; 9-9-20
[Tele. appr., Luke D Jackson, repr., Debtor]
[Tele. appr., Darlene C. Vigil, repr., Wilmington Trust N.A., Creditor]
Docket 85
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Sean Williams Represented By Nima S Vokshori
Joint Debtor(s):
Beverly Williams Represented By Nima S Vokshori
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-11588
Veronica Kilada
Chapter 13
#2.00
Hearing RE: Confirmation Of Chapter 13 Plan
[Tele. appr., Onyinye N. Anyama, repr., Debtor]
[Tele. appr., Thomas H. Casey, repr., Karen S. Naylor Trustee]
[Tele. appr., Arash Shirdel, repr., Pacific Premier Law Group, Defendant]
Docket 62
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Veronica Kilada Represented By Onyinye N Anyama
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12109
Christy Celeste Camp Quade and Trever Alan Quade
Chapter 13
#3.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 10-7-20; 11-4-20
[Tele. appr., Raffi Katchadourian, repr., Wells Fargo Bank, Creditor]
Docket 7
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Christy Celeste Camp Quade Represented By Tate C Casey
Joint Debtor(s):
Trever Alan Quade Represented By Tate C Casey
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12327
Avi Maltzman
Chapter 13
#4.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 11-4-20
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Avi Maltzman Represented By
David Samuel Shevitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12425
Murishonta Benjamin Valenti
Chapter 13
#5.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 11-4-20
[Tele. appr., Chantel Van Ongevalle, repr., Debtor]
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Murishonta Benjamin Valenti Represented By
Raj T Wadhwani
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12583
Alycin L. Wetteland
Chapter 13
#6.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Alycin L. Wetteland Represented By Joseph A Weber
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12598
Kurt Sofka
Chapter 13
#7.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 19
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Kurt Sofka Represented By
Laleh Ensafi
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12618
Jose A Chavez, Jr.
Chapter 13
#8.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 18
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Jose A Chavez Jr. Represented By Anthony P Cara
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12641
Erick Adolfo Molina Rojas
Chapter 13
#9.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 13
*** VACATED *** REASON: OFF CALENDAR - DISMISS PER DEBTOR'S VOLUNTARY DISMISSAL OF CHAPTER 13 CASE ON 11-20- 20 (DOCKET NO. 21)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Erick Adolfo Molina Rojas Represented By A Mina Tran
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12654
Mary Fausto
Chapter 13
#10.00
Hearing RE: Confirmation Of Chapter 13 Plan
[Tele. appr., George Panagiotou, repr., Debtor]
Docket 1
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Mary Fausto Represented By
George C Panagiotou
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12704
Michael Kim
Chapter 13
#11.00
Hearing RE: Confirmation Of Chapter 13 Plan
[Tele. appr., James Macleod, repr., One Main Financial, LLC, Creditor] [Tele. appr., Kirsten M. Martinez, repr., U.S. Bank N.A. & Toyota, Creditor]
Docket 18
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Michael Kim Represented By
Michael D Franco
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12736
Lisa Nicole Paisley
Chapter 13
#12.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Lisa Nicole Paisley Represented By Jonathan D Doan
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12753
Robert Ancheta
Chapter 13
#13.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 5
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Robert Ancheta Represented By
J.D. Cuzzolina
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12799
Gopal Ram Singh
Chapter 13
#14.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 11
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Gopal Ram Singh Represented By Mariano A Alvarez
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12872
Melanie Heather Joy Bierig
Chapter 13
#15.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Melanie Heather Joy Bierig Represented By
Misty A Perry Isaacson
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12884
Veronica Toledo
Chapter 13
#16.00
Hearing RE: Confirmation Of Chapter 13 Plan
[Tele. appr., Julie J. Villalobos, repr., Debtor]
[Tele. appr., Robert P. Zahradka, repr., Discover Bank]
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Veronica Toledo Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12887
Guillermo Torres Cabrera and Angelica M. Cabrera
Chapter 13
#17.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 14
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Guillermo Torres Cabrera Represented By Michael E Clark
Joint Debtor(s):
Angelica M. Cabrera Represented By Michael E Clark
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12893
Barbara L Krone
Chapter 13
#18.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 4
*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING CASE PER VOLUNTARY DISMISSAL OF CHAPTER 13 CASE ON 11-12- 20 (DOCKET NO. 21)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Barbara L Krone Represented By Scott Kosner
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-12671
Robert Jones
Chapter 7
#19.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 12
*** VACATED *** REASON: OFF CALENDAR - CASE CONVERTED TO CHAPTER 7 ON 10-23-20 (DOCKET ON. 20).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Robert Jones Pro Se
Movant(s):
Robert Jones Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
3:00 PM
8:15-14357
Romeo J Martinez and Annabelle B Martinez
Chapter 13
#1.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 9-30-20)
(Set per opposition filed 10-13-20)
Docket 65
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the Motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Romeo J Martinez Represented By Sunita N Sood
Joint Debtor(s):
Annabelle B Martinez Represented By Sunita N Sood
3:00 PM
CONT...
Trustee(s):
Romeo J Martinez and Annabelle B Martinez
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:15-14748
Grace Marasigan Dualan
Chapter 13
#2.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 10-1-20)
(Set per opposition filed 10-15-20)
Docket 63
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWL OF MOTION FILED 11-2-20 (DOCKET NO. 67).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Grace Marasigan Dualan Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:15-15604
Leonard N DeSanti and Kathleen R DeSanti
Chapter 13
#3.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 10-8-20)
(Set per notice and opposition filed 10-31-20)
Docket 52
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the Motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Leonard N DeSanti Represented By Anerio V Altman
Joint Debtor(s):
Kathleen R DeSanti Represented By Anerio V Altman
3:00 PM
CONT...
Trustee(s):
Leonard N DeSanti and Kathleen R DeSanti
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:16-13648
Richard Eugene Bresnahan
Chapter 13
#4.00
CON'D Hearing RE: Trustee's verified motion for order dismissing Chapter 13 proceeding (11 U.S.C. section 1307(c)(6))
(Motion filed 6-6-19)
[Case transferred from CB on 7/31/2020]
Fr: 8/8/19, 9/12/19, 10/10/19, 11/14/19, 2/6/20, 3/12/20, 6/11/20, 7/2/20; 9-9-20
Docket 69
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED ON 12-2-20 (DOCKET NO. 148).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Richard Eugene Bresnahan Represented By Richard G Heston
Movant(s):
Amrane (SA) Cohen (TR) Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:16-15226
Juan Barrera and Maria Antonieta Caballero
Chapter 13
#5.00
Hearing RE: Verified Motion for Order Dismissing Chapter 13 Proceeding under 11 U.S.C. Section 1307(c)(6)
(Motion filed 11-3-20)
Docket 107
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
If Debtors are agreeable to the Trustee's comments on their motion to modify their chapter 13 plan, the Court will permit the Chapter 13 Trustee to withdraw the motion to dismiss.
Party Information
Debtor(s):
Juan Barrera Represented By
Sunita N Sood Seema N Sood
Joint Debtor(s):
Maria Antonieta Caballero Represented By Sunita N Sood
3:00 PM
CONT...
Trustee(s):
Juan Barrera and Maria Antonieta Caballero
Seema N Sood
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:17-10047
Ronald Robert Deak and Aida Rosario Ganddini
Chapter 13
#6.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8/6/2020)
(Set per notice of hearing filed 8-25-20)
Docket 84
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO MODIFY CHAPTER 13 PLAN ENTERED 12-8-20 (DOCKET NO. 96).
Tentative Ruling:
Party Information
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
8:17-13030
Jason Michael Fatta
Chapter 13
#7.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8/6/2020)
(Case reassigned from CB on 7-31-20)
(Set per notice of hearing and opposition filed 8-28-20)
Docket 77
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling. The Court notes that a motion to modify has been filed by the Debtor.
Party Information
Debtor(s):
Jason Michael Fatta Represented By Christine A Kingston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:17-14010
Alvin Bradley, Jr. and Nikki Michelle Bradley
Chapter 13
#8.00
CONT Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11 U.S.C. - 1307(c))
(Motion filed 8-6-20)
(Set per notice and opposition filed 8-17-20) [Case transferred from CB on 7/31/2020]
FR: 9-9-20; 11-4-20
[Tele. appr., Brian D. Wirsching, repr., Chapter 13 Trustee]
Docket 52
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION TO MODIFY PLAN ENTERED ON 12-1-2020 (DOCKET NO. 77).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Alvin Bradley Jr. Represented By
Richard Mark Garber
Joint Debtor(s):
Nikki Michelle Bradley Represented By
Richard Mark Garber
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:18-10553
Claudio Orellana and Esther Giles de Orellana
Chapter 13
#9.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 10/1/2020)
(Set per opposition filed 10-15-20)
Docket 38
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant the Motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Claudio Orellana Represented By Christopher J Langley
Joint Debtor(s):
Esther Giles de Orellana Represented By Christopher J Langley
3:00 PM
CONT...
Trustee(s):
Claudio Orellana and Esther Giles de Orellana
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-12428
Bret Morris
Chapter 13
#10.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 9/2/2020)
(Set per notice of hearing filed 10-28-20)
Docket 88
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant the Motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Bret Morris Represented By
Joseph W Creed
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-12784
Sheri Lyn Ronn
Chapter 13
#11.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding [11 U.S.C.-1307(c)]
(Motion filed 8-7-20)
[Set per opposition filed 8-18-20]
[Case transferred from CB on 7/31/2020]
Docket 27
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 9-30-20 (DOCKET NO. 32)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Sheri Lyn Ronn Represented By Robert P Taylor
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-13073
Eugene Howard Long
Chapter 13
#12.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 9/2/2020)
(Set per opposition filed 10-29-20)
Docket 38
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant the Motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Eugene Howard Long Represented By Erika Luna
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-14063
Victoria Geeding
Chapter 13
#13.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 10-1-20)
(Set per opposition filed 10-12-20)
Docket 31
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF MOTION FILED 11-10-20 (DOCKET NO. 34).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Victoria Geeding Represented By Sundee M Teeple
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:20-10248
Clarence Lamar Dickinson and Shavon Laraine Dickinson
Chapter 13
#14.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 8/6/2020)
(Set per notice of hearing and opposition filed 10-15-20)
Docket 42
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant the Motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Clarence Lamar Dickinson Represented By Christopher J Langley
Joint Debtor(s):
Shavon Laraine Dickinson Represented By Christopher J Langley
3:00 PM
CONT...
Trustee(s):
Clarence Lamar Dickinson and Shavon Laraine Dickinson
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-12094
Billy Lee Callahan and Randi Mary Callahan
Chapter 13
#15.00
Hearing RE: Objection to Proof of Claim (Motion filed 10-28-20)
Claim No. 19 California Agribusiness Credit Union $2122.41
Docket 33
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant/sustain the objection and disallow Claim 19-1 in its entirety. The order shall provide that the Chapter 13 Trustee is not required to seek a refund of any moneys paid to the holder of Claim 19-1.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Billy Lee Callahan Represented By Sunita N Sood
3:00 PM
CONT...
Billy Lee Callahan and Randi Mary Callahan
Chapter 13
Joint Debtor(s):
Randi Mary Callahan Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-12094
Billy Lee Callahan and Randi Mary Callahan
Chapter 13
#16.00
Hearing RE: Objection to Proof of Claim (Motion filed 10-28-20)
Claim No. 20 California Agribusiness Credit Union $5056.37
Docket 35
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant/sustain the objection and disallow Claim 20-1 in its entirety. The order shall provide that the Chapter 13 Trustee is not required to seek a refund of any moneys paid to the holder of Claim 20-1.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Billy Lee Callahan Represented By Sunita N Sood
3:00 PM
CONT...
Billy Lee Callahan and Randi Mary Callahan
Chapter 13
Joint Debtor(s):
Randi Mary Callahan Represented By Sunita N Sood
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:20-10018
Elizabeth Ann Beech
Chapter 13
#17.00
Hearing RE: Debtor's Objection to Claim Claim No. 1
Cavalry SPV I, LLC as Assignee of HSBC Bank Neveda, NA
$933.10
Docket 42
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant/sustain the objection and disallow Claim #1 of HSBC Bank Nevada in its entirety as banned by the statute of limitations.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Elizabeth Ann Beech Represented By Seema N Sood
3:00 PM
CONT...
Trustee(s):
Elizabeth Ann Beech
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:18-13369
Jennifer Ann Hagerman
Chapter 13
#18.00
Hearing RE: Motion RE: Objection to Claim (Motion filed 10-1-20)
Claim No. 15 Internal Revenue Service $54,977.00
Docket 62
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL FILED 10-20-20 (DOCKET NO. 67).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Jennifer Ann Hagerman Represented By Halli B Heston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:16-12887
Domingo Hernandez Gallegos and Teresa Perez De
Chapter 13
#19.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 11/10/2020)
(Set per opposition filed 11-20-20)
Docket 45
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
It appears that the plan is now current as the result of a $3,435.00 payment on or about November 23, 2020. If this is correct, the Court will deny the Motion without prejudice.
Party Information
Debtor(s):
Domingo Hernandez Gallegos Represented By Todd L Turoci
Joint Debtor(s):
Teresa Perez De Hernandez Represented By Todd L Turoci
3:00 PM
CONT...
Trustee(s):
Domingo Hernandez Gallegos and Teresa Perez De
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:15-15604
Leonard N DeSanti and Kathleen R DeSanti
Chapter 13
#20.00
Hearing RE: Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to Modify Plan or Suspend Plan Payments
(Motion filed 10-31-20)
(Set per notice of hearing filed 11-24-20)
Docket 53
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will deny the motion to modify for the reasons argued by the Chapter 13 Trustee.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Leonard N DeSanti Represented By Anerio V Altman
Joint Debtor(s):
Kathleen R DeSanti Represented By
3:00 PM
CONT...
Trustee(s):
Leonard N DeSanti and Kathleen R DeSanti
Anerio V Altman
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-10188
Mehdi Eskandarloo
Chapter 13
#21.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 11/10/2020)
(Set per opposition filed 11-24-20)
Docket 42
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will grant the Motion and dismiss the case in view of good cause and absence of any opposition.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Mehdi Eskandarloo Represented By Michael Jay Berger
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT...
Mehdi Eskandarloo
Chapter 13
3:00 PM
8:17-13871
Amy Marie Foreman
Chapter 13
#22.00
Hearing RE: Verified Motion For Order Dismissing Chapter 13 Proceeding (11
U.S.C. - 1307(c)) (Motion filed 10/27/2020)
(Set per opposition filed 11-25-20)
Docket 76
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling. The Court notes that a motion to modify has been filed by the Debtor.
Party Information
Debtor(s):
Amy Marie Foreman Represented By Stephen S Smyth
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
Adv#: 6:19-01108 Fleming Sr v. Fleming Jr et al
#1.00
CONT PRE-TRIAL 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)
(Cont. from 7/23/20)
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court is uncertain at this time as to when the Santa Ana Courthouse will reopen. Accordingly, the Court continues the pretrial conference as a status conference only to April 13, 2021 at 9:00 a.m. An updated status report is due March 31, 2021.
COURT TO PREPARE ORDER.
9:00 AM
CONT...
Debtor(s):
Terry Lee Fleming, Sr
Party Information
Chapter 11
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 Martin A Eliopulos
J Victor Construction, Inc. Pro Se
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till
10:00 AM
8:20-13309
Richard Lawrence Spix
Chapter 11
#1.00
Emergency Motion of Creditors Peter Starflinger and LA Investments, LLC for an Order: (1) Restricting Clerk's Dismissal of Case Absent a Court Order; (2) Requiring Debtor's Deposit of Funds Turned Over by Goldwater Nank, N.A. into a Segregated DIP Account; and (3) Prohibiting the Debtor's Use of Segregated Funds Without Court Approval
(Motion filed 12-9-20)
[Tele. appr., Michael Hauser, repr., U.S. Trustee] [Tele. appr., Brett H. Ramsaur, repr., Debtor]
Docket 19
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
Richard Lawrence Spix Represented By Brett Ramsaur
10:00 AM
CONT...
Richard Lawrence Spix
Chapter 11
2:00 PM
6:09-14254
Fleetwood Enterprises, Inc.
Chapter 11
#1.00
Hrg. on Sltn Trst LLC's Motion for Entry of Final Decree
Docket 4899
Tentative Ruling:
TELEHPONIC APPEARANCES REQUIRED.
Grant Motion and enter a final decree. Close all related cases.
LIQUIDATING TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Fleetwood Enterprises, Inc. Represented By Craig Millet Solmaz Kraus Anne A Uyeda William C Bollard
James P Menton JR Richard K Hines
Movant(s):
2:00 PM
CONT...
Fleetwood Enterprises, Inc.
Chapter 11
SltnTrst LLC, the duly appointed Represented By
Jennifer L Nassiri Susan K Seflin Keith C Owens
Mougeh Tala-Ahmari Steven Werth
Jeffrey P Nolan Todd J Uhlick Steven T Gubner Scott F Gautier Jessica L Bagdanov Kenneth J Freed
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
#2.00
Hrg. on Debtor's application to Employ Law Offices of Snell & Wilmer L.L.P. as special litigation counsel nunc pro tunc in pending adversary proceeding
Docket 522
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will overrule the objection of HLI for the reasons stated by Terry Lee Fleming, Sr. in his reply. Grant application.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Michael B Reynolds
Movant(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
CONT...
Terry Lee Fleming, Sr
Michael B Reynolds
Chapter 11
2:00 PM
6:18-18731
Scott Shih Lee
Chapter 7
#3.00
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: 7/14/20)
Docket 109
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue this hearing to August 3, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Scott Shih Lee Represented By Ronald D Halpern
Movant(s):
Robert Whitmore (TR) Represented By
D Edward Hays
2:00 PM
CONT...
Trustee(s):
Scott Shih Lee
Tinho Mang Ronald D Halpern Chad V Haes
Chapter 7
Robert Whitmore (TR) Represented By
D Edward Hays Tinho Mang Ronald D Halpern Chad V Haes
2:00 PM
6:18-18731
Scott Shih Lee
Chapter 7
Adv#: 6:19-01099 Whitmore v. 3XM Development, LLC, a Nevada Limited Liability C
#4.00
PRE-TRIAL CONFERENCE re: Complaint by Robert S. Whitmore against 3XM Development, LLC, a Nevada Limited Liability Company, Lance Richard Hall
(Cont. from 7/23/20)
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will approve the Joint Pretrial Stipulation and will set trial dates of February 1-2, 2021 contingent on the Santa Ana Courthouse being re-opened on those dates for non-emergency matters. If by January 15, 2021, it appears the Courthouse will not be open as described on February 1-2, 2021, the Court will sua sponte continue the trial.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Scott Shih Lee Represented By
2:00 PM
CONT...
Scott Shih Lee
Ronald D Halpern
Chapter 7
Defendant(s):
3XM Development, LLC, a Nevada Represented By
J Robert Mullen
Lance Richard Hall Represented By
J Robert Mullen
Plaintiff(s):
Robert S. Whitmore Represented By Tinho Mang
Trustee(s):
Robert Whitmore (TR) Represented By
D Edward Hays Tinho Mang Ronald D Halpern Chad V Haes
2:00 PM
6:19-18367
Affordable Auto Repair, Inc.
Chapter 11
#5.00
Hrg. on Application for Compensation for M. Jones & Associates, PC, Debtor's Attorney, Period: 4/21/2020 to 11/17/2020, Fee: $39,655, Expenses: $0.
Docket 168
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The compensation is approved on a final basis as to M. Jones & Associates, with fees in the amount of $66,600.00 and expenses in the amount of $331.61.
The Court will approve payment as funds become available. APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Affordable Auto Repair, Inc. Represented By Michael Jones Sara Tidd
2:00 PM
CONT...
Movant(s):
Affordable Auto Repair, Inc.
Chapter 11
M. Jones & Associates, PC Represented By Michael Jones
2:00 PM
6:19-19926
Jerry Allen Marshall and Robin Rae Marshall
Chapter 7
#6.00
Hearing on Trustee's final report; applications for compensation
[Karl T. Anderson, Chapter 7 Trustee] [Fees; $1,140.25; Expenses; $78.91]
Docket 39
Tentative Ruling:
APPEARANCES NOT REQUIRED.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
2:00 PM
CONT...
Jerry Allen Marshall and Robin Rae Marshall
Chapter 7
The compensation is approved as to the Trustee, with fees in the amount of $1,140.25 and expenses in the amount of $78.91.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Jerry Allen Marshall Represented By Stephen L Burton
Joint Debtor(s):
Robin Rae Marshall Represented By Stephen L Burton
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
6:20-14627
Aurelio Felix Barreto, III
Chapter 7
Adv#: 6:20-01179 Whitmore v. Barreto
#7.00
CONT. Hrg. on Order to Show Cause re: Preliminary Injuction From: 11/17/20,12/8/20
Docket 2
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant the preliminary injunction.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Aurelio Felix Barreto III Represented By John P O'Connell
Defendant(s):
Peggy C Barreto Pro Se
2:00 PM
CONT...
Aurelio Felix Barreto, III
Chapter 7
Plaintiff(s):
Robert Whitmore Represented By
Michelle A Marchisotto
Trustee(s):
Robert Whitmore (TR) Represented By
Michelle A Marchisotto
9:00 AM
8:19-11218
US Direct LLC
Chapter 7
Adv#: 8:20-01081 Golden v. Tesla Finance, LLC et al
#1.00
Hearing RE: Plaintiff's Motion for Default Judgment Under LBR 7055-1 (Motion filed 11-25-20)
Docket 15
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue this hearing to February 10, 2021 at 9:00 a.m. so that it may be heard concurrently with Tesla's motion to set aside the default.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
US Direct LLC Pro Se
Defendant(s):
Tesla Finance, LLC Pro Se
Tesla, Inc. Pro Se
9:00 AM
CONT...
US Direct LLC
Chapter 7
Plaintiff(s):
Jeffrey I. Golden Represented By Roye Zur
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
9:00 AM
8:19-12127
Richard J. Kelly
Chapter 7
Adv#: 8:20-01137 Golden v. Eisen
#2.00
STATUS CONFERENCE Hearing RE: Complaint:
To Avoid and Recover Fraudulent Transfer Pursuant to 11 U.S.C. §§ 544(b) and 550; and California Civil Code §§ 3439.04(a)(1), 3439.07 and 3439.09
To Avoid and Recover Fraudulent Transfer Pursuant to 11 U.S.C. §§ 544(b)
And 550; And California Civil Code §§ 3439.04(a)(2); 3439.07 And 3439.09
To Preserve Avoided Transfers Pursuant to 11 U.S.C. § 551
For Authorization to Sell Real Property in which Co-owner Holds Interest Pursuant to 11 U.S.C. § 363(h)
(Complaint filed 9-24-20)
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to March 17, 2021 at 9:00 a.m. to permit settlement negotiations to continue. An updated status report is due March 3, 2021.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Richard J. Kelly
Chapter 7
Richard J. Kelly Represented By
J Scott Williams
Defendant(s):
Noam Eisen Pro Se
Joint Debtor(s):
Mary J. Kelly Represented By
J Scott Williams
Plaintiff(s):
Jeffrey I Golden Represented By Faye C Rasch
Trustee(s):
Jeffrey I Golden (TR) Represented By Faye C Rasch
9:00 AM
8:20-11578
Toby Thien Tran
Chapter 7
Adv#: 8:20-01132 Tran v. United States Department of Education et al
#3.00
STATUS CONFERENCE Hearing RE: Complaint for Dischargeability of Student Loans
(Complaint filed 9-15-20)
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will issue the following scheduling order:
All discovery shall close on May 31, 2021.
All discovery motions shall be heard before June 30, 2021.
All pretrial motions (except motions in limine) shall be heard before July 31, 2021. Pretrial conference is set for August 4, 2021 at 9:00 a.m.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Toby Thien Tran
Chapter 7
Toby Thien Tran Pro Se
Defendant(s):
United States Department of Pro Se
Educational Credit Management Pro Se
Plaintiff(s):
Toby T Tran Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
8:20-11588
Veronica Kilada
Chapter 7
Adv#: 8:20-01140 Naylor v. Kilada
#4.00
STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's Complaint Against Fady Kilada for Judgment:
The Post-Petition Family Court Order is Void As To All Real and Personal Property Per 11 U.S.C. Section 362
Attorney Fees Per 11 U.S.C. Section 105 (Complaint filed 9-30-20)
Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE TO JANUARY 13, 2021 AT 9:00 AM ENTERED ON 12-10-20 (DOCKET NO. 8).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Veronica Kilada Represented By Onyinye N Anyama
Defendant(s):
Fady Kilada 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
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01193 Basho Technologies Holdco C, LLC et al v. Chester
#5.00
CONT'D Hearing RE: Plaintiffs' Renewed Motion For Summary Judgment (Motion filed 7/28/2020)
FR: 9-9-20
Docket 88
*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING ADVERSARY PROCEEDING ENTERED ON 12/4/20 (DOCKET NO. 104).
Tentative Ruling:
- NONE LISTED -
Party Information
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 Tanya Behnam
Basho Technologies Holdco E, LLC Represented By
Bradley Gardner Randye B Soref Tanya Behnam
Hunoby Enterprises, LLC Represented By Bradley Gardner
9:00 AM
CONT...
Chester Davenport
Randye B Soref Tanya Behnam
Chapter 7
Earl P. Galleher III Represented By Bradley Gardner Randye B Soref Tanya Behnam
Basho Technologies Holdco B, LLC Represented By
Randye B Soref Bradley Gardner Tanya Behnam
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01155 Naylor v. Sun et al
#6.00
Hearing RE: Defendant Bianca Sun's Motion to Quash Issuance of Writ of Execution
(Motion filed 11-18-20)
Docket 242
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the hearing on the Motion to January 11, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Bianca Sun Represented By
Donald W Sieveke
9:00 AM
CONT...
Chester Davenport
Chapter 7
Yan Yu Sun Represented By
Donald W Sieveke
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey Stuart A Katz
9:00 AM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01155 Naylor v. Sun et al
#7.00
Hearing RE: Chapter 7 Trustee's Application for Order for Bianca Sun to Appear for Examination
(Motion filed 11-13-20)
Docket 235
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING APPLICATION ENTERED ON 11/25/20 (DOCKET NO. 255).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Bianca Sun Represented By
Donald W Sieveke
Yan Yu Sun Represented By
Donald W Sieveke
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey Stuart A Katz
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:19-01158 South Coast Behavioral Health, Inc. v. Reliable Fast Cash, LLC et al
#8.00
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Second Amended 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)
Unfair Competition And Equitable Subordination (11 U.S.C. Section 510(c) AND Hearing RE: Status Conference Hearing RE: Counter-Claim (Complaint filed 7/30/10)
(Counter-Claim filed 8/30/19) (PTC set at S/C held 11/13/19)
(First Amended Complaint filed 2/26/20) (Second Amended Complaint filed 5/6/20)
FR: 10-6-19; 11-13-19; 8-12-20; 11-18-20
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
The Court will approve the proposed joint pretrial order and set trial for March 1-4, 2021. Trial will commence at 9:00 a.m., go to noon, resume at 1:30 p.m., and go to 4:30 p.m. Pretrial briefs are due February 19, 2021. All direct testimony shall be presented by declaration. If a witness fails to appear at trial for cross-examination, such witness's testimony shall be stricken. Final witness and exhibit lists are due January 31, 2021. Trial declarations are due February 19, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Defendant(s):
Reliable Fast Cash, LLC Represented By Steven R Fox
Mendl Chanin Represented By Steven R Fox
Plaintiff(s):
South Coast Behavioral Health, Inc. Represented By
Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:20-01006 South Coast Behavioral Health v. 3151 Airway LLC et al
#9.00
Hearing RE: Amended Motion Amending Default Judgment to Include an Express Finding Under Federal Rule of Civil Procedure 54(b)
(Motion filed 11-13-20)
Docket 94
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Defendant(s):
3151 Airway LLC Represented By
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Crystle Jane Lindsey
Chapter 11
Nicole Poliquin Represented By
Crystle Jane Lindsey James R Selth
Charles McPhail Represented By
Crystle Jane Lindsey James R Selth
Plaintiff(s):
South Coast Behavioral Health Represented By Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders
9:00 AM
8:18-10013
Fred Asafu-Adjaye and Esther Asafu-Adjaye
Chapter 11
#10.00
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; 12-4-19; 3-25-20
Docket 13
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Continue the status conference to June 23, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Fred Asafu-Adjaye Represented By Lionel E Giron
Crystle Jane Lindsey Joanne P Sanchez
9:00 AM
CONT...
Fred Asafu-Adjaye and Esther Asafu-Adjaye
Chapter 11
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Lionel E Giron
Crystle Jane Lindsey Joanne P Sanchez
9:00 AM
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#11.00
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; 12-4-19; 1-23-20; 2-24-20; 5-6-20; 7-8-20; 9-23-20
Docket 10
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into Debtor's performance under the confirmed plan. Next status conference: May 19, 2021 at 9:00 a.m.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum
9:00 AM
CONT...
Allan Eli Gindi and Carol June Gindi
Chapter 11
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum
Candice Candice Bryner
9:00 AM
8:20-12061
2812 Ocean Blvd. LLC, a Texas limited liability co
Chapter 11
#12.00
CONT'D STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 7/23/2020)
FR: 9-23-20
Docket 2
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into (1) the Debtor's compliance with UST guidelines and requirements, and (2) how and whether the granting of relief from the automatic stay will affect this case.
Next status conference: TBD. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
2812 Ocean Blvd. LLC, a Texas Represented By
9:00 AM
CONT...
2812 Ocean Blvd. LLC, a Texas limited liability co
Christopher J Langley
Chapter 11
10:00 AM
8:19-11618
Jody Hamlin
Chapter 7
#1.00
Hearing RE: Reaffirmation Agreement Between Debtor and Orange County's Credit Union
(Reaffirmation filed 11-3-20)
[RE: 2016 Chevrolet - Amount: $12,401.64]
Docket 69
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Jody Hamlin Represented By
Andy C Warshaw
10:00 AM
CONT...
Trustee(s):
Jody Hamlin
Chapter 7
Jeffrey I Golden (TR) Pro Se
10:00 AM
8:20-12554
Brittani C. Jefferson
Chapter 7
#2.00
Hearing RE: Pro se Reaffirmation Agreement Between Debtor and Ford Motor Credit Company LLC
(Reaffirmation filed 11-3-20)
[RE: 2018 Ford Edge - Amount $23,662.53] [VIN No.: 2FMPK3J9XJBB53004]
Docket 10
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Brittani C. Jefferson Represented By Christine A Kingston
10:00 AM
CONT...
Trustee(s):
Brittani C. Jefferson
Chapter 7
Weneta M Kosmala (TR) Pro Se
10:00 AM
8:20-12649
Sergio Beiza and Maribel Morales-Beiza
Chapter 7
#3.00
Hearing RE: Pro se Reaffirmation Agreement Between Debtors and Toyota Motor Credit Corporation
(Reaffirmation filed 11-22-20)
[RE: 2015 Toyota Sienna - Amount $19,506.32] [VIN No.: 5TDXK3DC8FS643815]
Docket 15
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Sergio Beiza Pro Se
10:00 AM
CONT...
Sergio Beiza and Maribel Morales-Beiza
Chapter 7
Joint Debtor(s):
Maribel Morales-Beiza Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
8:20-12773
Errica Sandra Tucker
Chapter 7
#4.00
CONT'D Hearing RE: Pro se Reaffirmation Agreement Between Debtor and Partners Federal Credit Union
(Reaffirmation filed 10-13-20)
[RE: 2016 Honda CRV - Amount: $6,395.57] [VIN No.: 3CZRM3H55GG706992]
FR: 11-18-20
Docket 10
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is approved provided that (1) Debtor is current on the loan, (2) the vehicle is insured, and (3) Debtor is confident that she can make all the remaining payments on the loan.
COURT TO PREPARE ORDER.
Party Information
10:00 AM
CONT...
Debtor(s):
Errica Sandra Tucker
Chapter 7
Errica Sandra Tucker Represented By Gregory E Nassar
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
8:20-12915
Julio Maldonado, Jr
Chapter 7
#5.00
Hearing RE: Pro se Reaffirmation Agreement Between Debtors and Toyota Motor Credit Corporation
[RE: 2018 Toyota Camry - Amount: $25,317.91] [VIN No.: 4T1B11HK0JU513885]
Docket 17
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Julio Maldonado Jr Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
CONT...
Julio Maldonado, Jr
Chapter 7
2:00 PM
8:19-11987
Enalasys Corporation
Chapter 11
#1.00
CONT'D Hearing RE: Disclosure Statement Describing Chapter 11 Plan Of Reorganization Dated November 23, 2020
(D.S. filed 8-28-20)
(Second D.S. filed 11-23-20) FR: 10-21-20
Docket 156
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire as to the amount of funds on hand as of the effective date and the amount of funds reasonably expected to come in after the effective date that will be available to pay fees and costs of Roger B Frederickson, Esq.
Party Information
Debtor(s):
Enalasys Corporation Represented By Michael Jones Sara Tidd
2:00 PM
8:19-13374
Martha S Adair
Chapter 11
#2.00
CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 8/29/19)
FR: 1-22-20; 2-26-20; 6-3-20; 10-21-20; 11-4-20
Docket 40
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
Next status conference: April 14, 2021 at 9:00 a.m. An updated status report is due March 31, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Martha S Adair Represented By
2:00 PM
CONT...
Martha S Adair
Richard H Golubow
Chapter 11
2:00 PM
8:19-13374
Martha S Adair
Chapter 11
#3.00
Hearing RE: Confirmation Of Debtor's First Amended Chapter 11 Plan of Reorganization
(2nd Amended D.S. filed 11/11/20) (1st Amended Plan filed 11/11/20)
(Confirmation of Plan set at hrg. held 11/4/20)
Docket 154
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Finding good cause, and noting the absence of objections and the 100% vote of creditors accepting the plan, the Court will confirm the First Amended Chapter 11 Plan of Reorganization.
DEBTOR TO LODGE: (1) CONFIRMATION ORDER, AND (2) FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORTING PLAN CONFIRMATION VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Martha S Adair Represented By
2:00 PM
CONT...
Martha S Adair
Richard H Golubow Ryan A Baggs
Chapter 11
9:00 AM
8:16-13080
Tuongvan Thi Nguyen
Chapter 13
#1.00
CONT'D Motion for relief from stay [Real Property]
Wilmington Trust, N.A., Not in its Individual Capacity, But Solely as Trustee for MFRA Trust 2016-1 vs DEBTOR
(Motion filed 10-19-20)
[RE: 6661 Santa Rita Ave., Garden Grove, CA 92845-1351]
Docket 52
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING ADEQUATE PROTECTION AGREEMENT ENTERED ON 12-10-20 (DOCKET NO. 60).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Tuongvan Thi Nguyen Represented By Jacqueline D Serrao
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:17-12792
Abel Mercado
Chapter 13
#2.00
CONT Motion for relief from stay [Real Property]
Towd Point Mortgage Trust 2019-2, U.S. Bank National Association, as Indenture Trustee vs DEBTOR
(Motion filed 9-11-20)
[RE: 2721 W Pendleton Ave, Santa Ana, CA 92704]
FR: 11-9-20
Docket 89
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING ADEQUATE PROTECTION AGREEMENT ENTERED ON 11-16-20 (DOCKET NO. 110).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Abel Mercado Represented By Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-13225
Connie Chavez
Chapter 13
#3.00
Motion for relief from stay [Real Property]
The REO Group, Inc. vs Debtor (Motion filed 11-25-20)
[RE: 2537 N. Alona St., Santa Ana, CA 92706]
Docket 17
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant under 11 U.S.C. § 362(d)(1) and (d)(4), terminate the co-debtor stay, and grant annulment.
The transfer of a ten percent interest in the subject property is very credible evidence that (d)(4) relief is warranted.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
9:00 AM
CONT...
Debtor(s):
Connie Chavez
Chapter 13
Connie Chavez Represented By Anthony P Cara
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-14229
Joseph Cabugao Pahl
Chapter 13
#4.00
Motion for relief from stay [Real Property]
Wilmington Trust, N.A., Not in its Individual Capacity, But Solely as Trustee for MFRA Trust 2016-1 vs DEBTOR
(Motion filed 11-30-20)
[RE: 1631 E. Riverview Ave Orange, CA 92865-1518]
Docket 47
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
Grant extraordinary relief (Debtor is a borrower under Cal. Civ. Code).
9:00 AM
CONT...
Joseph Cabugao Pahl
Chapter 13
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Joseph Cabugao Pahl Represented By Chris T Nguyen
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-10181
Michael Leelin
Chapter 7
#1.00
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 11/13/2020)
[RE: WENETA M.A KOSMALA, Chapter 7 Trustee] [Fees: $24,000.00; Expenses: $169.40]
[RE: LAW OFFICE OF WENETA M.A. KOSMALA - Attorney For Trustee]
[Fees: $14,906.00; Expenses: $258.34]
[RE: HAHN FIFE & COMPANY - Accountant For Trustee] [Fees: $1,000.00; Expenses: $0.00]
Docket 85
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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
2:00 PM
CONT...
Michael Leelin
Chapter 7
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
$24,000.00 and expenses in the amount of $169.40.
The compensation is approved as to Law Offices of Weneta Kosmala, with fees in the amount of $14,906.00 and expenses in the amount of $258.34.
The compensation is approved as to Hahn Fife & Company, with fees in the amount of $1,000.00 and expenses in the amount of $0.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Michael Leelin Represented By Julie J Villalobos
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
2:00 PM
8:19-11218
US Direct LLC
Chapter 7
#2.00
Hearing RE: First Interim Application for Compensation for the Period of September 18, 2019 to October 31, 2020
(Application filed 11-25-20)
[RE: Grobstein Teeple, LLP, Accountant] [Fees: $121,006.00; Expenses: $0.00]
Docket 291
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The compensation is approved on an interim basis as to Grobstein Teeple LLP, with fees in the amount of $121,006.00 and expenses in the amount of $0.00.
Based upon the million dollar plus cash balance in the estate, payment may be made at this time.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
US Direct LLC
Chapter 7
US Direct LLC Pro Se
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
2:00 PM
8:19-11218
US Direct LLC
Chapter 7
#3.00
Hearing RE: First and Final Application for Allowance and Payment of Fees and Expenses from the Period of 7/20/2019 to 11/23/2020
(Application filed 11-30-20)
[RE: Landau Law LLP, Former General Bankruptcy Counsel for Jeffrey I. Golden, Chapter 7 Trustee]
[Fee: $82,643.50, Expenses: $3,195.89]
Docket 294
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The compensation is approved on a final basis as to Landau Law LLP, with fees in the amount of $82,643.50 and expenses in the amount of $3,195.89.
Payment at this time is approved.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
US Direct LLC
Chapter 7
US Direct LLC Pro Se
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
2:00 PM
8:19-11218
US Direct LLC
Chapter 7
#4.00
Hearing RE: First Interim Application for Allowance and Payment of Fees and Expenses from the Period of 1/17/2020 to 10/31/2020
(Application filed 11-30-20)
[RE: Elkins Kalt Weintraub Reuben Gartside LLP, as General Bankruptcy Counsel to Chapter 7 Trustee]
[Fee: $166,245.00, Expenses: $2,849.29]
Docket 295
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The compensation is approved on a final basis as to Elkins Kalt Weintraub Reuben Gartside LLP, with fees in the amount of $166,245.00 and expenses in the amount of
$2,849.29.
Payment at this time is approved.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
US Direct LLC
Chapter 7
US Direct LLC Pro Se
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
2:00 PM
8:19-13338
RRS Plumbing Co., Inc.
Chapter 7
#5.00
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 11/19/2020)
[RE: Karen Sue Naylor, Chapter 7 Trustee] [Fees: $6,058.99; Expenses: $271.90]
[RE: Malcolm Cisneros, Attorney for Chapter 7 Trustee] [Fees: $15,737.50; Expenses: $136.90]
[RE: Hahn Fife & Company, LLP, Accountant] [Fees: $2,728.00; Expenses: $350.20]
[RE: Franchise Tax Board]
[Fees: $0.00; Expenses: $800.00]
Docket 61
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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
2:00 PM
CONT...
RRS Plumbing Co., Inc.
Chapter 7
services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of $6,058.99 and expenses in the amount of $271.90.
The compensation is approved as to Malcolm Cisneros, with fees in the amount of
$15,737.50 and expenses in the amount of $136.90.
The compensation is approved as to Hahn Fife & Company, with fees in the amount of $2,728.00 and expenses in the amount of $350.20.
FTB payments are approved in the amount of $800.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
RRS Plumbing Co., Inc. Represented By Kevin J Kunde
Trustee(s):
Karen S Naylor (TR) Represented By Nathan F Smith Arturo M Cisneros
2:00 PM
8:20-11795
Byron York Priestley
Chapter 7
#6.00
Hearing RE: Motion RE: Objection to Claim (Motion filed 11-20-20)
Claim No. 1 Internal Revenue Service $117,322.80
Docket 63
*** VACATED *** REASON: OFF CALENDAR - ORDER CONTINUING HEARING TO JANUARY 25, 2021 AT 2:00 PM ENTERED ON 12-8-20 (DOCKET NO. 80).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Byron York Priestley Represented By Anerio V Altman
Movant(s):
Byron York Priestley Represented By Anerio V Altman
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
#7.00
Hearing RE: Motion of Chapter 11 Trustee Requesting (A) Approval of Sale of Specified Assets of the Debtor Free and Clear of Liens Under 11 U.S.C. Section 363(f), Subject to Overbid; and (B) Approval of Assumption, Assignment, and Sale of Purchased Contracts
(Motion filed 11-25-20)
Docket 672
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the results of the auction held on December 17, 2021 at 10:00 a.m.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Represented By
2:00 PM
CONT...
South Coast Behavioral Health, Inc.
Todd C. Ringstad Sean A OKeefe Nanette D Sanders
Chapter 11
2:00 PM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
#8.00
Hearing RE: Motion by Chapter 11 Trustee for an Order Fixing Cure Amounts of Executory Contracts and Unexpired Leases of the Debtor
(Motion filed 11-25-20)
Docket 674
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
CHAPTER 11 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad
2:00 PM
CONT...
South Coast Behavioral Health, Inc.
Sean A OKeefe Nanette D Sanders
Chapter 11
2:00 PM
8:20-12027
2724 Ocean Blvd, LLC
Chapter 11
#9.00
Hearing RE: Motion for Order Approving:
Post-Petition Financing Pursuant to 11 U.S.C. § 364, and
Stipulation re Approval of (1) DIP Financing Secured by First Priority "Priming Lien" in Favor of Pivotal Capital Group II, LLC; (2) Grant of Adequate Protections; (3) Chapter 11 Plan Treatment; (4) Releases; and (5) Rule 9019 Compromises
(Motion filed 11-30-20)
Docket 35
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
2724 Ocean Blvd, LLC Represented By Jeffrey I Golden Beth Gaschen
2:00 PM
6:19-10161
Marcus G Aguayo and Araceli N Aguayo
Chapter 7
#1.00 Hrg. on trustee's final report; applications for compensation
[Howard B. Grobstein, chapter 7 trustee] [Fees; $3080.96; Expenses $0.00]
[Grobstein, Teeple LLP, accountant for trustee] [Fees; $1000.00; Expenses 0.00]
[Shulman Bastain, accountant for trustee] [Fees; $6269.00; Expenses: $641.29]
Docket 50
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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
2:00 PM
CONT...
Marcus G Aguayo and Araceli N Aguayo
Chapter 7
by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of $3,080.96 and expenses in the amount of $0.00.
The compensation is approved as to Shulman Bastion Friedman & Bui LLP, with fees in the amount of $6,269.00 and expenses in the amount of $641.29.
The compensation is approved as to Grobstein Teeple LLP, with fees in the amount of
$1,000.00 and expenses in the amount of $0.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Marcus G Aguayo Pro Se
Joint Debtor(s):
Araceli N Aguayo Pro Se
Trustee(s):
Howard B Grobstein (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
6:20-14295
LCF LABS INC.
Chapter 11
#2.00
CONT. Hrg. on creditor, Akbar Razavi's Motion filed 10/8/20 to Remove the Debtor from Possession and Either Order the Appointment of a Chapter 11 Trustee or the Expansion of the Subchapter V Trustee's Authorities and Duties
From: 11/3/20
(Tele. appr. David Brownstein, rep. Creditor, Nude Nicotine) - LISTEN ONLY (Tele. appr. Arturo Cisneros, trustee)
(Tele. appr. Beth Gaschen, rep. Debtor) (Tele. appr. Jeffrey Golden, rep. Debtor)
(Tele. appr. Sonja Hourany, rep. Debtor) - LISTEN ONLY (Tele. appr. Todd Turoci, rep. creditor, Akbar Razavi)
Docket 81
*** VACATED *** REASON: CONTINUED TO 2/9/21 BY ORDER ENTERED ON 12/22/20
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
LCF LABS INC. Represented By Beth Gaschen Jeffrey I Golden
Movant(s):
Akbar Razavi Represented By Todd L Turoci
2:00 PM
CONT...
Trustee(s):
LCF LABS INC.
Chapter 11
Arturo Cisneros (TR) Represented By Arturo M Cisneros
9:00 AM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
Adv#: 6:17-01272 Fleming, Sr et al v. Doucette et al
#1.00
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 Riverside, Case No PSC1502480 ]
[Case: Havasu Lakeshore Investments, LLC v. Terry L. Fleming, Sr. et al., ]
(Cont from 3/7/19)
Docket 0
*** VACATED *** REASON: Off Calendar Per Order Entered 11/22/19 - yg
Party Information
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
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till James E Till James E Till
9:00 AM
CONT...
Terry Lee Fleming, Sr
Chapter 11
Havasu Lakeshore Investments Represented By Martin A Eliopulos
9:00 AM
6:19-15266
Michael A. Madrid
Chapter 11
#1.00
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
Wilmington Trust, National Association vs. DEBTOR (Motion filed 12/4/19)
Re: 23180 Grayfox Drive, Canyon Lake, CA 92587
Docket 50
Tentative Ruling: APPEARANCES REQUIRED.
The Court intends to grant the motion. Once the movant establishes a lack of equity, the burden shifts to the debtor to prove the subject property is necessary for an effective reorganization. Property is necessary for an effective reorganization for purposes of § 362(d)(2) if “the property is essential for an effective reorganization that is in prospect. This means . . . that there must be ‘a reasonable possibility of a successful reorganization within a reasonable period of time.’” United Sav. Ass’n v.
Timbers of Inwood Forest Assoc. Ltd., 484 U.S. 365, 376 (1988). “Courts usually require the debtor to do more that manifest unsubstantiated hopes for a successful reorganization.” Sun Valley Newspapers, Inc. v. Sun World Corp. (In re Sun Valley Newspapers, Inc.), 171 B.R. 71, 75 (B.A.P. 9th Cir.1994). “While it is true that a relief from stay hearing should not be converted into a confirmation hearing, ‘the “effective reorganization” requirement . . . requires a showing by the debtor . . . that a proposed or contemplated plan is not patently unconfirmable and has a realistic chance of being confirmed.’” Id.
In this case, debtor has failed to establish that the subject property is necessary to an effective reorganization. Debtor has not established by declaration or other competent evidence that a reorganization is in prospect, i.e., that the debtor has formulated a feasible plan of reorganization; that the subject property is essential to
9:00 AM
CONT...
Michael A. Madrid
Chapter 11
the success of such plan; and that the plan will be confirmed within a reasonable period of time.
The movant may contact the debtor to comply with California Civil Code § 2923.5. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Michael A. Madrid Represented By
Benjamin A Yrungaray
9:00 AM
6:19-16597
Olga Marina Calderon de Gonzalez
Chapter 7
#2.00
The Law Offices of Van Nghiem - movant attorney Motion for Relief from Stay
The Law Offices of Van Nghiem vs. DEBTOR (Motion filed 12/24/19)
Re: (Action in NonBankruptcy Forum)
Docket 60
Tentative Ruling: APPEARANCES REQUIRED.
No tentative ruling.
Debtor(s):
Party Information
Olga Marina Calderon de Gonzalez Represented By
Neelamjeet K Kahlon-Pfister
Trustee(s):
Lynda T. Bui (TR) Represented By Rika Kido
Leonard M Shulman
9:00 AM
6:19-17552
RVT Inc
Chapter 11
#3.00
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
Complete Business Solutions Group, Inc. vs. DEBTOR (Motion filed 11/25/19)
Re: 6573 Churchill Street, San Bernardino, CA 92407
Docket 74
Tentative Ruling: APPEARANCES REQUIRED.
The motion is granted in part and denied in part.
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 motion is denied as to termination of the co-debtor stay under § 1301.
The movant may contact the debtor to comply with California Civil Code § 2923.5. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
9:00 AM
CONT...
Debtor(s):
RVT Inc
Chapter 11
RVT Inc Represented By
Julie J Villalobos
9:00 AM
6:19-19401
Heidi Pearl Perrine
Chapter 7
#4.00
Prober & Raphael, A Law Corporation - movant attorney Motion for Relief from Stay
Carrington Mortgage Services, LLC vs. DEBTOR (Motion filed 12/16/19)
Re: 30013 Cottage Lane Lake Elsinore, California 92530
Docket 7
Tentative Ruling: APPEARANCES REQUIRED.
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.
Party Information
Debtor(s):
Heidi Pearl Perrine Represented By Benjamin R Heston
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
6:19-19562
Anthony James Allen
Chapter 7
#5.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
First Investors Financial Services, Inc. vs. DEBTOR, Howard B. Grobstein,
Trustee
(Motion 11/22/19)
Re: 2016 Dodge Dart, VIN: 1C3CDFBB2GD701696
Docket 23
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Anthony James Allen Represented By Robert A Bonito
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
CONT...
Anthony James Allen
Chapter 7
9:00 AM
6:19-20052
Ion Tripsea and Estella Tripsea
Chapter 7
#6.00
Vanlochem & Associates LLP - movant attorney Motion for Relief from Stay
Nissan Motor Acceptance Corporation vs. DEBTORS (Motion filed 12/11/19)
Re: 2017 NISSAN MAXIMA, VIN # 3N4AA6AP6H397908
Docket 10
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Ion Tripsea Represented By
Keith Q Nguyen
Joint Debtor(s):
Estella Tripsea Represented By Keith Q Nguyen
9:00 AM
CONT...
Trustee(s):
Ion Tripsea and Estella Tripsea
Chapter 7
Lynda T. Bui (TR) Pro Se
9:00 AM
6:19-20156
Phillipa Helen Grant
Chapter 7
#7.00
Sissac Legal Group P.C. - movant attorney Motion for Relief from Stay
Exeter Finance, LLC vs. DEBTOR (Motion filed 12/12/19)
Re: 2018 Kia Optima EX Sedan 4D
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Phillipa Helen Grant Represented By Neil R Hedtke
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
CONT...
Phillipa Helen Grant
Chapter 7
9:00 AM
6:19-20326
Kimberly Marisa Bassett
Chapter 7
#8.00
French Lyon Tang - movant attorney Motion for Relief from Stay
Bank of the West vs. DEBTOR (Motion filed 12/23/19)
Re: 2018 Chevy Malibu
Docket 10
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Kimberly Marisa Bassett Represented By Stephen D Brittain
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
CONT...
Kimberly Marisa Bassett
Chapter 7
9:00 AM
6:19-20352
Juan C Gonzalez
Chapter 7
#9.00
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
Mechanics Bank vs. DEBTOR, Howard B. Grobstein, chapter 7 trustee (Motion filed 12/3/19)
Re: 2008 CADILLAC ESCALADE, VIN: 1GYE C638 18R1 65820
Docket 7
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Juan C Gonzalez Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
6:19-20402
Stephanie Hansen West
Chapter 7
#10.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTOR, Steven M. Speier, trustee (Motion filed 12/19/19)
Re: 2017 FORD EDGE VIN 2FMPK3K80HBB89347
Docket 8
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Stephanie Hansen West Represented By David A Wiesen
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
CONT...
Stephanie Hansen West
Chapter 7
9:00 AM
6:19-20633
Lasandrana Terica Fuller
Chapter 7
#11.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Mercedes-Benz Financial Services USA LLC vs. DEBTOR, Arturo Cisneros, trustee
(Motion filed 12/26/19)
Re: 2016 MERCEDES-BENZ C300W VIN 55SWF4JB8GU101961
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Lasandrana Terica Fuller Represented By Neil R Hedtke
9:00 AM
CONT...
Trustee(s):
Lasandrana Terica Fuller
Chapter 7
Arturo Cisneros (TR) Pro Se
2:00 PM
6:17-16835
Olivia Patricia Goldsmith
Chapter 7
#1.00
Hrg. on trustee's final report and application for compensation
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$2,250.00 and expenses in the amount of $270.33.
The compensation is approved as to Hahn Fife & Co. LLP, with fees in the amount of $1,000.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Olivia Patricia Goldsmith Represented By
C Scott Rudibaugh
2:00 PM
CONT...
Trustee(s):
Olivia Patricia Goldsmith
Chapter 7
John P Pringle (TR) Pro Se
2:00 PM
6:17-18333
Ana Maria Perez
Chapter 7
#2.00
Hrg. on approval of trustee's final report and application for compensation
Docket 0
Tentative Ruling: APPEARANCES REQUIRED.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$4,015.35 and expenses in the amount of $317.91.
The compensation is approved as to Roquemore, Pringle, & Moore, Inc., with fees in the amount of $17,465.00 and expenses in the amount of $1,740.78.
The compensation is approved as to Lea Accountancy LLP, with fees in the amount of $3,221.50 and expenses in the amount of $171.82.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Ana Maria Perez Pro Se
2:00 PM
CONT...
Trustee(s):
Ana Maria Perez
Chapter 7
John P Pringle (TR) Represented By Toan B Chung John P Pringle
2:00 PM
6:18-13089
Tommy Lawrence Kelly
Chapter 7
#3.00
Hrg. on approval of trustee's final report; applications for compensation EH
Docket 0
Tentative Ruling: APPEARANCES REQUIRED.
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
$14,806.41 and expenses in the amount of $1,466.27.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Tommy Lawrence Kelly Represented By Michael E Clark
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
6:18-16095
Richard Suarez and Susana J Suarez
Chapter 7
#4.00
Hrg. on trustee's final report and applications for compensation
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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
$500.00 and expenses in the amount of $0.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Richard Suarez Represented By Todd L Turoci
Joint Debtor(s):
Susana J Suarez Represented By Todd L Turoci
2:00 PM
CONT...
Trustee(s):
Richard Suarez and Susana J Suarez
Chapter 7
Howard B Grobstein (TR) Pro Se
2:00 PM
6:18-18630
Christopher Robert Stanford and Brittany Jade Stanford
Chapter 7
#5.00
Hrg. on trustee's final report and applications for compensation
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of
$50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$600.00 and expenses in the amount of $0.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Christopher Robert Stanford Represented By Dana Travis
Joint Debtor(s):
Brittany Jade Stanford Represented By Dana Travis
2:00 PM
CONT...
Trustee(s):
Christopher Robert Stanford and Brittany Jade Stanford
Chapter 7
Howard B Grobstein (TR) Pro Se
2:00 PM
6:19-15128
Nadia Ahmad
Chapter 7
#6.00
Hrg. on Motion filed 11/22/19 for extension of time to file a complaint objecting to dischargeability of specific debts
Docket 28
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court intends to grant the motion and exten the deadline for filing exceptions to discharge and denial of discharge complaints to February 28, 2020.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Nadia Ahmad Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
8:15-13556
John Olaf Halvorson
Chapter 7
Adv#: 8:17-01120 Kosmala v. Hoosten et al
#1.00
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; 10-16-19
Docket 1
*** VACATED *** REASON: CONTINUED TO MAY 20, 2020 AT 9:00
A.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE ENTERED 1-15-20 - (DOCKET NO. [58])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
9:00 AM
CONT...
John Olaf Halvorson
Chapter 7
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
8:15-15311
Freedom Communications, Inc.
Chapter 11
Adv#: 8:17-01204 Official Committee Of Unsecured Creditors v. Press-One Customer Care,
#2.00
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; 12-11-19
Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION OF DISMISSAL WITH PREJUDICE ENTERED 1-15-20 - (DOCKET NO. [41])
Tentative Ruling:
- NONE LISTED -
Party Information
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
CONT...
Freedom Communications, Inc.
Andrew W Caine Jeffrey P Nolan
Chapter 11
9:00 AM
8:16-10849
Casey John Simon
Chapter 7
Adv#: 8:16-01187 Gordy v. Simon et al
#3.00
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; 12-11-19
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
This adversary proceeding is about three and one-half years old. Little progress has been made in 2018 and 2019. The Court will set a hearing on an order to show cause why this adversary proceeding should not be dismissed for lack of prosecution.
The hearing is set for March 25, 2020, at 9:00 a.m. Plaintiff's brief is due February 14, 2020. Defendants' brief is due March 6, 2020, with Plaintiff's reply due March 13, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Casey John Simon Represented By Kelly Zinser
Defendant(s):
Casey John Simon Represented By Kelly Zinser
9:00 AM
CONT...
Casey John Simon
Chapter 7
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
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01193 Basho Technologies Holdco C, LLC et al v. Chester
#4.00
Hearing RE: Plaintiff's Amended Motion For Summary Judgment (Motion filed 12/11/19)
(Amended Motion filed 12/11/19)
Docket 50
*** VACATED *** REASON: CONTINUED TO FEBRUARY 19, 2020 AT 9:00 A.M. PER ORDER GRANTING STIPULATION TO CONTINUE THE HEARING ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ENTERED 12-26-19 - (DOCKET NO. [61])
Tentative Ruling:
- NONE LISTED -
Party Information
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 Tanya Behnam
Basho Technologies Holdco E, LLC Represented By
Bradley Gardner Randye B Soref Tanya Behnam
9:00 AM
CONT...
Chester Davenport
Chapter 7
Hunoby Enterprises, LLC Represented By Bradley Gardner Randye B Soref Tanya Behnam
Earl P. Galleher III Represented By Bradley Gardner Randye B Soref Tanya Behnam
Basho Technologies Holdco B, LLC Represented By
Randye B Soref Bradley Gardner Tanya Behnam
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01208 Eastwest Partners Investment, LLC v. Davenport
#5.00
CONT'D 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; 10-16-19
Docket 1
*** VACATED *** REASON: OFF CALENDAR - DEFAULT JUDGMENT ENTERED 11-15-19 (DOCKET NO. [62])
Tentative Ruling:
- NONE LISTED -
Party Information
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
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01208 Eastwest Partners Investment, LLC v. Davenport
#6.00
Hearing RE: Defendant Chester C. Davenport's Motion To Set Aside Default Judgment Pursuant To Federal Rules Of Civil Procedure Rule 55(c) And 60(b) (Motion filed 12/18/19)
Docket 65
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will deny the motion to set aside the default judgment for the reasons stated by the Plaintiff in its opposition.
PLAINTIFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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 Thomas H Casey
9:00 AM
8:18-12541
Scott Lawrence Chappell
Chapter 7
Adv#: 8:19-01194 Casey v. Chappell et al
#7.00
STATUS CONFERENCE Hearing RE: Chapter 7 Trustee's First Amended Complaint For Avoidance Of Transfer And Preservation Of Avoided Lien For The Benefit Of The Estate
[11 U.S.C. Sections 547, 551]
(Complaint filed 9/26/19)
(First Amended Complaint filed 11/6/19)
Docket 1
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will issue the following scheduling order:
Mediation stipulation, if any, shall be filed, and an order lodged thereon, on or before February 21, 2020, and an order lodged therein.
All discovery shall close on May 31, 2020.
All discovery motions shall be heard before June 30, 2020.
All pretrial motions (except motions in limine) shall be heard before July 31, 2020. Pretrial conference is set for August 26, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Scott Lawrence Chappell
Chapter 7
Scott Lawrence Chappell Represented By Stephen E Olear
Defendant(s):
William Chappell Pro Se
Russell Chappell Pro Se
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
8:19-11987
Enalasys Corporation
Chapter 11
#8.00
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; 12-11-19
Docket 9
Tentative Ruling: APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with U.S. Trustee guidelines and requirements.
Next status conference: May 13, 2020, at 9:00 a.m. Updated status report is due April 30, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Enalasys Corporation Represented By Michael Jones
9:00 AM
8:19-12113
Heidi Crawford
Chapter 7
Adv#: 8:19-01182 Amerifactors Financial Group, LLC v. Crawford et al
#9.00
CONT'D 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) (Another Summons issued 10-23-19)
FR: 11-27-19
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to March 11, 2020, at 9:00 a.m. and require each of the plaintiffs and defendants to file an updated status report on or before February 2, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Heidi Crawford Pro Se
Michael Crawford Pro Se
9:00 AM
CONT...
Heidi Crawford
Chapter 7
Plaintiff(s):
Amerifactors Financial Group, LLC Represented By
Jon N Owens
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-13068
Antonio Espinoza Muro
Chapter 7
Adv#: 8:19-01208 Marshack v. Vasquez et al
#10.00
STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Fraudulent Transfer;
Avoidance Of Fraudulent Transfer; And
Recovery Of Avoided Transfers (Complaint filed 10/17/19)
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Based upon the stipulation and order therein relating to vacating Defendant's default, the Court continues this status conference to March 11, 2020, at 9:00 a.m. with an updated status report due February 21, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Antonio Espinoza Muro Pro Se
Defendant(s):
Maribel Carolyn Muro Vasquez Pro Se Maribel Carolyn Muro Vasquez, as Pro Se
Plaintiff(s):
Richard A Marshack Represented By Michael G Spector
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
CONT...
Antonio Espinoza Muro
Chapter 7
9:00 AM
8:19-13374
Martha S Adair
Chapter 11
#11.00
STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 Case (Petition filed 8/29/19)
Docket 0
*** VACATED *** REASON: CONTINUED TO FEBRUARY 26, 2020 AT 9:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE ENTERED 1-14-20 - (DOCKET NO. [49])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Martha S Adair Represented By Jeffrey I Golden Reem J Bello
9:00 AM
8:19-13571
Anthony Afshin Kashani
Chapter 11
Adv#: 8:19-01210 Kashani v. Lewis et al
#12.00
STATUS CONFERENCE RE: Debtor's Complaint For:
Avoidance Of Untitled Interest In Estate Property;
Quiet Title;
Breach Of The Covenant Of Good Faith And Fair Dealing;
Emergency and Injunctive Relief Requesed (Complaint filed 10/29/19)
Docket 1
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will set a deadline of February 29, 2020 for Plaintiff-Debtor to obtain the Clerk's entry of default with respect to Defendant, and a deadline of Arpil 30, 2020 for hearing a motion for entry of default judgement.
Next status conference: June 3, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Anthony Afshin Kashani Represented By Saied Kashani
Defendant(s):
Jeff Lewis Pro Se
Patty Lewis Pro Se
9:00 AM
CONT...
Anthony Afshin Kashani
Chapter 11
Plaintiff(s):
Anthony Afshin Kashani Represented By Mirsaied Kashani
9:00 AM
8:19-13904
Kathy D Gorski and Michael A Gorski
Chapter 11
#13.00
STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 Case (Petition filed 10/4/19)
Docket 1
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: May 13, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Kathy D Gorski Represented By Andy C Warshaw
Joint Debtor(s):
Michael A Gorski Represented By Andy C Warshaw
9:00 AM
8:19-14127
John Alan Stacey and Kathleen Lee Stacey
Chapter 11
#14.00
STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 Case (Petition filed 10/22/19)
Docket 1
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: June 3, 2020 at 9:00 a.m. An updated status report is due May 20, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
John Alan Stacey Represented By Richard A Marshack
Joint Debtor(s):
Kathleen Lee Stacey Represented By Richard A Marshack
9:00 AM
8:19-14489
Luis Daniel Ochoa
Chapter 11
#15.00
STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 Case (Petition filed 11/17/19)
Docket 19
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will inquire into compliance with United States Trustee guidelines and requirements.
The Court will set a deadline of December 31, 2020 for filing a chapter 11 plan and a deadline of March 31, 2021 for confirming a plan.
Next status conference: June 3, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Luis Daniel Ochoa Represented By Anerio V Altman
9:00 AM
8:19-14566
Maria Felix
Chapter 11
#16.00
STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 Case (Petition filed 11/21/19)
Docket 0
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: May 20, 2020 at 9 a.m. An updated status report is due May 6, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Maria Felix Represented By
Michael Jones
2:00 PM
8:19-13403
Sung Kuk Lee
Chapter 13
#1.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 11-6-19
Docket 28
Tentative Ruling: Trustee's Comments:
11/6/19: TRUSTEE OBJECTION FILED. 1) NEED AMENDED DECLARATION RE TAXES/DSO. DSO DECLARATION INCONSISTENT, SAYING BOTH HAS NONE AND IS CURRENT. 2) DEBTOR CLAIMS TO HAVE TRANSFERRED REAL PROPERTY TO EX- SPOUSE IN 2014 FOR NO CONSIDERATION. HOWEVER, DEBTOR RESIDES IN PROPERTY. NOT MEETING POTENTIAL LIQUIDATION IN CH 7. 3) NO PROVISION FOR CREDITORS ON DEBTOR'S PROPERTY IDENTIFIED IN PRIOR ISSUE. 4) NEED AMENDED PLAN. VEHICLE IS LOAN NOT A LEASE. 5) PLAN BOXES 1.1-1.4 NOT CHECKED. 6) PLAN SECTION RE MINIMUM DISTRIBUTION UNDER MEANS TEST IS BLANK.
Plan Terms:
Plan %:
Plan Duration:
Monthly Payment:
341(a) Meeting Held:
Plan Filed:
Service:
Objections:
Response to Objections:
Debtor(s):
Party Information
Sung Kuk Lee Represented By Bert Y Kawahara
2:00 PM
CONT...
Trustee(s):
Sung Kuk Lee
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-13965
Luis E Sanchez
Chapter 13
#2.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-16-19
Docket 29
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Luis E Sanchez Represented By David R Chase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14146
Christopher Thomas Gentry and Sandra Michele Gentry
Chapter 13
#3.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 23
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Christopher Thomas Gentry Represented By David L Gibbs
Joint Debtor(s):
Sandra Michele Gentry Represented By David L Gibbs
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14191
Siupaeta Moa
Chapter 13
#4.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 10
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Siupaeta Moa Represented By Joshua L Sternberg
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14218
Mark J. Patterson and Ashley L. Patterson
Chapter 13
#5.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
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
8:19-14252
Robert Max Rumph and Elizabeth Ellen Rumph
Chapter 13
#6.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Robert Max Rumph Represented By Eliza Ghanooni
Joint Debtor(s):
Elizabeth Ellen Rumph Represented By Eliza Ghanooni
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14292
Kimberly Elise Williams
Chapter 13
#7.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Kimberly Elise Williams Represented By
Richard L. Sturdevant
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14335
Claude L Nettles, Jr.
Chapter 13
#8.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Claude L Nettles Jr. Represented By Julie J Villalobos
Joseph C Delmotte
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14152
Pedro Navarro Martinez
Chapter 13
#9.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED 11-12-19 - (DOCKET NO. [8])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Pedro Navarro Martinez Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14236
Luong Ngoc Dang
Chapter 13
#10.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
*** VACATED *** REASON: OFF CALENDAR - DISMISSED WITH A TWO YEAR BAR TO RE-FILING PER HEARING HELD 12-16-19 - (DOCKET NO. [10])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Luong Ngoc Dang Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14368
Allison Sue Gomberg
Chapter 13
#11.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED 11-25-19 - (DOCKET NO. [12])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Allison Sue Gomberg Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:16-13608
Artemio Uriostegui Sagal and Elidia Garcia Sagal
Chapter 13
#1.00
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments [11 U.S.C. 1307(c)] (Motion filed 12/4/19)
(Set per Notice of Hearing and Opposition filed 12/30/19)
Docket 80
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 1-14-20 - (DOCKET NO. [84])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Artemio Uriostegui Sagal Represented By Jaime A Cuevas Jr.
Joint Debtor(s):
Elidia Garcia Sagal Represented By Jaime A Cuevas Jr.
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:16-13819
Joan Ellen Yates
Chapter 13
#2.00
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments [11 U.S.C. 1307(c)] (Motion filed 10/8/19)
(Opposition filed 10/17/19)
(Set per Notice of Hearing filed 10/17/19) FR: 12-16-19
Docket 76
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 1-14-20 - (DOCKET NO.: [92])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Joan Ellen Yates Represented By Allan S Williams
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:16-14836
Magdalena Ku
Chapter 13
#3.00
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments
[11 U.S.C. 1307(c)]
(Motion filed 12/4/19) (Opposition filed 12/11/19)
Docket 65
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 1-14-20 - (DOCKET NO. [68])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Magdalena Ku Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:18-14189
Robert Matthew Coburn and Sharon Ann Young
Chapter 13
#4.00
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; 12-16-19
Docket 37
Tentative Ruling:
APPEARANCES REQUIRED.
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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
8:18-14189
Robert Matthew Coburn and Sharon Ann Young
Chapter 13
#5.00
CONT'D 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) FR: 12-16-19
Docket 41
Tentative Ruling:
APPEARANCES REQUIRED.
The Court is leaning toward denying the motion without prejudice contingent upon the Debtors providing the Chapter 13 Trustee, on or before January 29, 2020, with declarations of current/post-petition income and expenses along with proof of current income. Debtors have sufficiently documented their unexpected expenses.
Party Information
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
8:19-10670
Edgar Sebastian Vazquez and Ligia Vazquez
Chapter 13
#6.00
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 11/8/19) (Opposition filed 12/12/19)
Docket 40
Tentative Ruling:
APPEARANCES REQUIRED.
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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
3:00 PM
8:19-11271
Nathan Christopher Harris
Chapter 13
#7.00
CONT'D Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding For Failure To Make Plan Payments [11 U.S.C. 1307(c)] (Motion filed 10/8/19)
(Opposition filed 10/30/19)
(Set per Notice of Motion filed 10/17/19) FR: 12-16-19
Docket 26
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING DEBTOR'S MOTION TO MODIFY PLAN OR SUSPEND P[LAN PAYMENTS ENTERED 1-15-20 - (DOCKET NO. [36])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Nathan Christopher Harris Represented By
D Justin Harelik
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
6:16-14576
USA Sales, Inc.
Chapter 11
Adv#: 6:19-01155 USA Sales, Inc. v. Office Of The United States Trustee
#1.00
STATUS CONFERENCE re: Complaint by USA Sales, Inc. against Office Of The United States Trustee Nature of Suit: (14 (Recovery of money/property - other)),(91 (Declaratory judgment))
Docket 1
*** VACATED *** REASON: Voluntary Dismissal of Adversary Proceeding Without Prejudice filed on 11/19/19 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
USA Sales, Inc. Represented By Daren M Schlecter
Rachel S Milman Esq
A. Lavar Taylor Lisa Nelson
Defendant(s):
Office Of The United States Trustee Pro Se
Plaintiff(s):
USA Sales, Inc. Represented By Daren M Schlecter
9:00 AM
6:17-17512
Douglas Craig Woodard
Chapter 7
#2.00
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 12/5/19)
Docket 130
*** VACATED *** REASON: Cont. to 3/19/20 @ 9:00 a.m. by order signed on 1/13/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Douglas Craig Woodard Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
6:18-12269
Christopher Allen Hageman
Chapter 7
Adv#: 6:18-01081 Escontrias v. Hageman et al
#3.00
Hrg. on Order to Show Cause on the Issue of Attorney's Fees
Docket 0
Tentative Ruling:
APPEARANCES REQUIRED.
Pursuant to FRCP 16(f)(2) and FRBP 7016, the Court will award sanctions of
$1,593.75 against the Law Office of T. Hall Brehme IV. See also Guru Denim, Inc. v. Hayes, 2010 WL 1854020 (C.D. Cal. 2010).
PLAINTIFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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
CONT...
Christopher Allen Hageman
Chapter 7
Plaintiff(s):
Pilar Escontrias Represented By
Ada R Cordero-Sack
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
6:19-12394
Michael Walter Maynard, II
Chapter 7
Adv#: 6:19-01095 Golden 1 Credit Union v. Maynard, II
#4.00
Hrg. on Motion to Dismiss First Amended Complaint for Failure to State Claim
Docket 22
Tentative Ruling:
APPEARANCES REQUIRED.
The amended complaint supplies abundant detail and meets applicable pleading requirements. Debtor's contention that various pleading statements are false is beside the point because the Court is required under FRCP 12 to accept well-pleaded allegations as true. The motion is denied for those reasons and the reasons stated in Plaintiff's opposition.
Party Information
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
9:00 AM
6:19-16545
DDI Distribution of California LLC
Chapter 7
Adv#: 6:19-01151 Diamond Peo LLC v. Larios et al
#5.00
STATUS CONFERENCE RE: Complaint to avoid and recover transfers pursuant to 11 U.S.C. §§523 and 550
Docket 1
Tentative Ruling:
APPEARANCES REQUIRED.
Generally speaking, a chapter 7 trustee is vested with the right to bring all section 548 fraudulent transfer actions on an exclusive basis. The rule is the same as to section 550 causes of action. The Court will require Plaintiff to serve a copy of the complaint on the Chapter 7 Trustee on or before February 15, 2020.
Next status conference: April 9, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
DDI Distribution of California LLC Represented By
Mark E Brenner
Defendant(s):
Peter Larios Pro Se
Jose Castellanos Pro Se
Automatiq Pro Se
9:00 AM
CONT...
DDI Distribution of California LLC
Chapter 7
Plaintiff(s):
Diamond Peo LLC Represented By Charles K Manock
Trustee(s):
Lynda T. Bui (TR) Pro Se
10:00 AM
6:19-17630
Beverly Jean Williams
Chapter 7
#1.00
Hrg. on approval of Reaffirmation Agreement filed 10/23/19 Between Debtor and Toyota Motor Credit Corporation, in the amount of $ 29,269.13
Re: 2015 Lexus GS350
Docket 9
Tentative Ruling:
APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Beverly Jean Williams Represented By Michael E Clark
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
6:19-17630
Beverly Jean Williams
Chapter 7
#2.00
Hrg. on approval of Reaffirmation Agreement filed 12/30/19 Between Debtor and Toyota Motor Credit Corporation, in the amount of $ 24,269.29
Re: 2019 Toyota Camry
Docket 12
Tentative Ruling:
APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Beverly Jean Williams Represented By Michael E Clark
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
6:19-17747
Laura Mae Bell
Chapter 7
#3.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and Gateway One Lending & Finance, LLC, in the amount of $3,911.09
Re: 2013 Volkswagen Jetta
Docket 18
Tentative Ruling:
APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Laura Mae Bell Represented By Dana Travis
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
6:19-17819
Myiriam Lopez
Chapter 7
#4.00
Hrg. on approval of Reaffirmation Agreement filed 11/21/2019 Between Debtor and Nissan Motor Acceptance Corp, in the amount of $ 10,728.92
Re: 2015 Nissan Versa; VIN: 3NICN7AP6FL817202
Docket 9
Tentative Ruling:
APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Myiriam Lopez Pro Se
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
6:19-20551
Vincent Anthony Vazquez
Chapter 7
#5.00
Hrg. on approval of Reaffirmation Agreement filed 1/9/19 Between Debtor and Toyota Motor Credit Corporation, in the amount of $27,797.05
Re: 2017 Toyota Sienna
Docket 9
Tentative Ruling:
APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Vincent Anthony Vazquez Represented By Daniel King
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
6:19-20551
Vincent Anthony Vazquez
Chapter 7
#6.00
Hrg. on approval of Reaffirmation Agreement filed 1/9/20 Between Debtor and Harley-Davidson Credit Corp., in the amount of $5,311.64
Re: 2016 Harley-Davidson motorcycle
Docket 8
Tentative Ruling:
APPEARANCES REQUIRED.
The reaffirmation agreement is approved provided that: (1) the motorcycle is insured,
(2) the monthly payments are current on the loan, and (3) the Debtor is comfortable with a re-affirmation and believes all remaining loan payments can be made in a timely fashion.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Vincent Anthony Vazquez Represented By Daniel King
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
6:17-17512
Douglas Craig Woodard
Chapter 7
Adv#: 6:19-01075 Anderson v. Woodard et al
#1.00
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 12/5/19)
Docket 17
*** VACATED *** REASON: Cont. by order signed on 1/13/20, to 3/19/20 @ 9:00 a.m. - jc
Tentative Ruling:
- NONE LISTED -
Party Information
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
2:00 PM
CONT...
Douglas Craig Woodard
Chapter 7
Plaintiff(s):
Karl T. Anderson Represented By Melissa Davis Lowe
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
6:17-17512
Douglas Craig Woodard
Chapter 7
Adv#: 6:19-01075 Anderson v. Woodard et al
#2.00
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 12/5/19)
Docket 1
*** VACATED *** REASON: Cont. by order signed on 1/13/20, to 3/19/20 @ 9:00 a.m. - jc
Tentative Ruling:
- NONE LISTED -
Party Information
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
2:00 PM
CONT...
Trustee(s):
Douglas Craig Woodard
Melissa Davis Lowe
Chapter 7
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#3.00
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; 12-4-19
Docket 257
*** VACATED *** REASON: CONTINUED TO FEBRUARY 24, 2020 AT 2:00 P.M. PER ORDER APPROVING REQUEST TO CONTINUE HEARINGS ENTERED 1-15-20 - (DOCKET NO. [320])
Tentative Ruling:
- NONE LISTED -
Party Information
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
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#4.00
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; 12/4/19
Docket 1
*** VACATED *** REASON: CONTINUED TO FEBRUARY 24, 2020 AT 2:00 P.M. PER ORDER APPROVING REQUEST TO CONTINUE HEARINGS ENTERED 1-15-20 - (DOCKET NO. [320])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Allan Eli Gindi Represented By Michael R Totaro
Joint Debtor(s):
Carol June Gindi Represented By Michael R Totaro
9:00 AM
8:18-12747
Fred Martinez and Dianne Martinez
Chapter 13
#1.00
Motion for relief from stay [Real Property]
Wells Fargo Bank, N.A. As Trustee For The First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-FF7 vs. DEBTORS
(Motion filed 12/30/19)
[RE: 5390 Los Monteros, Yorba Linda, CA 92887]
Docket 38
Tentative Ruling:
APPEARANCES REQUIRED.
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.
Party Information
Debtor(s):
Fred Martinez Represented By Andrew Moher
Joint Debtor(s):
Dianne Martinez Represented By Andrew Moher
9:00 AM
CONT...
Trustee(s):
Fred Martinez and Dianne Martinez
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:18-13724
David Shomaker
Chapter 13
#2.00
Motion for relief from stay [Real Property]
Select Portfolio Servicing Inc. As Servicing Agent For U.S. Bank NA, Successor Trustee To Bank Of America, NA, Successor In Interest To LaSalle Bank NA, As Trustee, On Behalf Of The Holders Of The WAMU Mortgage Pass-Through Certificates, Series 2007-OA3 vs. DEBTOR, And Amrane (SA) Cohen, MFR Trustee
(Motion filed 12/5/19)
[RE: 213 LA Esperanza, San Clemente, California 92673]
Docket 50
Tentative Ruling:
APPEARANCES REQUIRED.
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.
Party Information
Debtor(s):
David Shomaker Represented By Ashishkumar Patel
9:00 AM
CONT...
Trustee(s):
David Shomaker
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-11435
Ernesto Rafael Montalvo
Chapter 13
#3.00
CONT'D 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]
FR: 11-25-19
Docket 81
Tentative Ruling: APPEARANCES REQUIRED.
The Court will inquire whether the parties have been able to consensually resolve the dispute concerning what payments have been made (or not made) by the Debtor.
Party Information
Debtor(s):
Ernesto Rafael Montalvo Represented By Claudia C Osuna
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-14331
Almeza, Inc.
Chapter 7
#4.00
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Jesse Milk vs. DEBTOR (Motion filed 12/23/19)
[RE: Case Name: Milk v. Almeza, Inc., et al.] [Docket Number: 30-2016-00884933-CU-PL-NJC]
[Pending In: Superior Court of the State of California - County of Orange]
Docket 12
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed in the non-bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. Movant shall not enforce its final judgment against the debtor or property of the estate, except by filing a proof of claim in this bankruptcy case pursuant to 11 U.S.C.
§ 501 and/or a complaint to determine the nondischargeability of the debt.
Cause exists for relief under 11 U.S.C. § 362(d)(1) because the claims at issue arise under non-bankruptcy law and can be most expeditiously resolved in the non- bankruptcy forum.
The 14-day stay provided by Rule 4001(a)(3) is waived.
The order is binding and effective despite conversion of this bankruptcy case to a case under any other chapter of Title 11 of the U.S. Code.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
9:00 AM
CONT...
Debtor(s):
Almeza, Inc.
Chapter 7
Almeza, Inc. Represented By
Don Emil Brand
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
8:19-14699
Serap Atli
Chapter 13
#5.00
Motion for relief from stay [Unlawful Detainer]
Afshin Dehghan And Shahla Pisheh vs. DEBTOR (Motion filed 12/30/19)
[RE: 5 Altimira,Trabuco Canyon (aka Coto de Caza), CA 92679]
Docket 18
Tentative Ruling:
APPEARANCES REQUIRED.
The Court intends to grant the motion in part, and deny the motion in part.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2). This motion has been filed to proceed with an unlawful detainer action. This action must go forward because the debtor's right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed.
The 14-day stay provided by Rule 4001(a)(3) is waived.
The motion is denied as to the extraordinary relief requested under numbered paragraphs 7 and 9 of the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Serap Atli Represented By
Timothy L McCandless
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT...
Serap Atli
Chapter 13
9:00 AM
8:19-14723
James Alvin Grove
Chapter 7
#6.00
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Azad Sabounjian, Susan Sabounjian, Sarine Nigolian And Grant Nigolian vs. DEBTOR
(Motion filed 1/6/20)
[RE: Case Name: A. Sabounjian, et al. v. James Allen Grove, et al.] [Docket No.: AAA Case No. 011900039758]
[Pendung In: American Arbitration Association]
Docket 18
*** VACATED *** REASON: CONTINUED TO FEBRUARY 10, 2020 AT 9:00 A.M. PER SUA SPONTE ORDER CONTINUING HEARING ENTERED 1-17-20 - (DOCKET NO. [32])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
James Alvin Grove Represented By Michael N Nicastro
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-14865
Ice Energy Holdings, Inc.
Chapter 7
#7.00
Motion for relief from stay [Unlawful Detainer] RREEF CPIF 1575 Sunflower, LLC vs. DEBTOR
(Motion filed 1/2/20)
[RE: 1575 Sunflower Avenue, Costa Mesa, CA 92926]
Docket 12
*** VACATED *** REASON: CONTINUED TO FEBRUARY 10, 2020 AT 9:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ENTERED ON 1-14-20 - (DOCKET NO. [15])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#1.00
Hearing RE: First And Final Application For Approval Of Chapter 11 Fees And Reimbursement Of Expenses For The Period From January 7, 2013 Through September 24, 2014
(Motion filed 1/7/29)
[RE: SHULMAN BASTIAN LLP - Counsel For The Chapter 11 Debtors] [Fees: $180,257.00; Expenses: $9,248.24]
Docket 306
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will grant the application. The compensation is approved as to Schulman Bastian LLP, with fees in the amount of $180,257.00 and expenses in the amount of $9,248.24. The Court will approve a payment (subject to the availability of funds and the subordination of chapter 11 fees and expenses to chapter 7 fees and expenses) of $117,805.24.
SHULMAN BASTIAN LLP TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen
2:00 PM
CONT...
JoJo's Pizza Kitchen Inc
Melissa Davis Lowe
Chapter 7
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#2.00
Hearing RE: Trustee's Amended Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 12/12/19) (Amended Final Report filed 12/20/19)
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $21,096.11; Expenses: $0.00]
[RE: WEILAND GOLDEN GOODRICH, LLP - Attorney For Chapter 7 Trustee]
[Fees: $0.00; Expenses: $0.00]
[RE: SHULMAN BASTIAN, LLP - Special Counsel For Chapter 7 Trustee] [Fees: $0.00; Expenses: $0.00]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $0.00; Expenses: $0.00]
Prior Chapter Fees And Administrative Expenses: [RE: THE DILLINGER LAW FIRM PC]
[Prior Chapter Administrative Expenses - Claim No. 19 - $52,576.61]
[RE: SHULMAN HODGES & BASTIAN LLP - Attorney For Debtor-In- Possession]
[Fees: $0.00; Expenses: $0.00]
Docket 299
Tentative Ruling:
APPEARANCES NOT REQUIRED.
2:00 PM
CONT...
JoJo's Pizza Kitchen Inc
Chapter 7
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
$21,096.11 and expenses in the amount of $0.
The compensation is approved as to IMS, with fees in the amount of
$12,433.04 and expenses in the amount of $0.
The compensation is approved as to United States Trustee, with fees in the amount of $659.08.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen Melissa Davis Lowe
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#3.00
Hearing RE: Trustee's Amended Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 12/12/19) (Amended Final Report filed 12/20/19)
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $20,847.49; Expenses: $10.00]
[RE: WEILAND GOLDEN GOODRICH, LLP - Attorney For Chapter 7 Trustee]
[Fees: $78,860.00; Expenses: $1,901.26]
[RE: SHULMAN BASTIAN, LLP - Special Counsel For Chapter 7 Trustee] [Fees: $60,339.24; Expenses: $1,408.67]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $30,198.00; Expenses: $1,266.50]
Prior Chapter Fees And Administrative Expenses: [RE: THE DILLINGER LAW FIRM PC]
[Prior Chapter Administrative Expenses - Claim No. 23 - $26,288.38]
[RE: SHULMAN HODGES & BASTIAN LLP - Attorney For Debtor-In- Possession]
[Fees: $177,973.00; Expenses: $10,020.18]
Docket 301
Tentative Ruling:
APPEARANCES NOT REQUIRED.
2:00 PM
CONT...
JoJo's Pizza Kitchen Inc
Chapter 7
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
$20,847.49 and expenses in the amount of $10.00.
The compensation is approved as to Weiland Golden Goodrich LLP, with fees in the amount of $78,860.00 and expenses in the amount of $1,901.26.
The compensation is approved as to Shulman Bastian LLP, with fees in the amount of $60,339.22 and expenses in the amount of $1,908.67.
The compensation is approved as to Hahn Fife & Company LLP, with fees in the amount of $30,198.00 and expenses in the amount of $1,266.50.
The compensation is approved as to United States Trustee, with fees in the amount of $1,632.08.
The compensation is approved as to FTB, with fees in the amount of
$3,690.56.
Proposed payments are all approved.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
CONT...
Trustee(s):
JoJo's Pizza Kitchen Inc
Chapter 7
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen Melissa Davis Lowe
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#4.00
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 12/12/19)
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $21,096.11; Expenses: $0.00]
[RE: IMS - Field Representative/Adjuster For Chapter 7 Trustee] [Fees: $12,433.04; Expenses: $0.00]
[RE: WEILAND GOLDEN GOODRICH, LLP - Attorney For Chapter 7 Trustee]
[Fees: $0.00; Expenses: $0.00]
[RE: SHULMAN BASTIAN, LLP - Special Counsel For Chapter 7 Trustee] [Fees: $0.00; Expenses: $0.00]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $0.00; Expenses: $0.00]
Docket 294
*** VACATED *** REASON: OFF CALENDAR - WITHDRAWAL OF TRUSTEE'S FINAL REPORT AND NOTICE OF TRUSTEE'S FINAL REPORT FILED 12-19-19- (DOCKET NO. [297])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
CONT...
Trustee(s):
JoJo's Pizza Kitchen Inc
Chapter 7
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen Melissa Davis Lowe
2:00 PM
8:11-21301
Joseph Group, Inc
Chapter 7
#5.00
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 12/12/19)
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $20,847.49; Expenses: $10.00]
[RE: WEILAND GOLDEN GOODRICH, LLP - Attorney For Chapter 7 Trustee]
[Fees: $78,860.00; Expenses: $1,901.26]
[RE: SHULMAN BASTIAN, LLP - Special Counsel For Chapter 7 Trustee] [Fees: $60,339.24; Expenses: $1,408.67]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $30,198.00; Expenses: $1,266.50]
Prior Chapter Fees And Administrative Expenses: [RE: THE DILLINGER LAW FIRM PC]
[Prior Chapter Administrative Expenses - Claim No. 23 - $26,288.38]
[RE: SHULMAN HODGES & BASTIAN LLP - Attorney For Debtor-In- Possession]
[Fees: $177,973.00; Expenses: $10,020.18]
Docket 45
*** VACATED *** REASON: OFF CALENDAR - WITHDRAWAL OF TRUSTEE'S FINAL REPORT AND NOTICE OF TRUSTEE'S FINAL REPORT FILED 12-19-19- (DOCKET NO. [48])
Tentative Ruling:
- NONE LISTED -
Party Information
2:00 PM
CONT...
Debtor(s):
Joseph Group, Inc
Chapter 7
Joseph Group, Inc Represented By Melissa Davis Lowe Leonard M Shulman
Trustee(s):
Jeffrey I Golden (TR) Represented By Melissa Davis Lowe
2:00 PM
8:16-15208
Michael Younessi
Chapter 11
#6.00
Hearing RE: Motion To Dismiss Or Convert Reorganized Debtor's Case Under 11 U.S.C. Section 1112(b) For Failure To Pay Post-Confirmation Quarterly Fees And Submit U.S. Trustee Post-Confirmation Reports
(Motion filed 11/20/19)
Docket 287
*** VACATED *** REASON: OFF CALENDAR - VOLUNTARY DISMISSAL OF U.S. TRUSTEE'S MOTION FILED 12-16-19 - (DOCKET NO. [293])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
2:00 PM
8:18-10013
Fred Asafu-Adjaye and Esther Asafu-Adjaye
Chapter 11
#7.00
Hearing RE: Application For Payment Of Final Fees And/Or Expenses For The Period From September 17, 2019 Through January 6, 2020
(Motion filed 1/6/20)
[RE: LAW OFFICES OF LIONEL E. GIRON, APC - Attorneys For Debtors]
[Fees: $8,675.00; Expenses: $72.75]
Docket 169
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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 on a final basis, with fees in the amount of
$8,675.00 and expenses in the amount of $72.75. Additionally, fees allowed on an interim basis are now allowed on a final basis.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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
2:00 PM
CONT...
Fred Asafu-Adjaye and Esther Asafu-Adjaye
Crystle Jane Lindsey Joanne P Sanchez
Chapter 11
2:00 PM
8:18-11997
QDOS, Inc
Chapter 11
#8.00
Hearing RE: Motion For Reconsideration Of Scheduling Order After Remand (Motion filed 12/18/19)
Docket 132
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The United States Bankruptcy Appellate Panel of the Ninth Circuit (the "BAP") filed its opinion reversing and remanding this Court’s order dismissing an involuntary chapter 11 petition against alleged debtor QDOS, Inc. ("QDOS") on November 7, 2019. The BAP issued the mandate to this Court on December 3, 2019. The next day, December 4, 2019, this Court filed and entered a Scheduling Order After Remand, Docket No. 130 (the "Scheduling Order"). Two days later, on December 6, 2019, QDOS filed a notice of appeal of the BAP’s decision, seeking review of that decision by the United States Court of Appeals for the Ninth Circuit (the "Ninth Circuit").
Now before the Court is petitioning creditors’ Motion for Reconsideration of Scheduling Order After Remand, Docket No. 132, filed December 18, 2019 (the "Motion"). The Motion asks the Court to "immediately vacate the Remand Scheduling Order and schedule and conduct a status conference on both discovery and trial scheduling before entering an order fixing discovery and/or trial schedules." Motion at page 10 of 11, lines 17-20. Petitioning creditors contend that this Court lacks jurisdiction with respect to the involuntary petition creditor now that a notice of appeal to the Ninth Circuit has been filed. QDOS agrees with petitioning creditors that the notice of appeal divested this Court of jurisdiction.
2:00 PM
CONT...
QDOS, Inc
Chapter 11
It would appear that, following the issuance of the mandate on December 3, 2019 – which restored this Court’s jurisdiction over the involuntary proceeding – the Court again lost jurisdiction on December 6, 2019 when QDOS filed a notice of appeal to the Ninth Circuit. Marino v. Classic Auto Refinishing, Inc. (In re Marino), 234 B.R.
767, 770 (B.A.P. 9th Cir. 1999). For this reason, and in addition for reasons of judicial economy, the Court grants the Motion in part and vacates the Scheduling Order. Based upon this disposition, it is unnecessary for the Court to address other arguments raised in the Motion relating to the contents of the Scheduling Order.
Party Information
Debtor(s):
QDOS, Inc Represented By
Damian D Capozzola
2:00 PM
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#9.00
Hearing RE: First Interim Application For Compensation And Reimbursement Of Expenses For The Period From June 13, 2019 Through December 31, 2019 (Motion filed 1/6/20)
[RE: LAW OFFICES OF MICHAEL G. SPECTOR - Attorneys For Debtor]
[Fees: $86,040.11; Expenses: $2,720.20]
Docket 311
Tentative Ruling:
APPEARANCES REQUIRED.
Because this is an interim as opposed to a final fee application, the Court will overrule Totaro & Shanahan's limited opposition without prejudice to Totaro & Shanahan's right to make arguments regarding fee payment priorities in connection with the final fee application hearing.
The Court finds that the The Law Offices of Michael G. Spector's requested compensation represents reasonable compensation for the services rendered in the applicable time period of the application. The compensation is approved on an interim basis, with fees in the amount of $56,983.61 and expenses in the amount of $2,720.20.
LAW OFFICES OF MICHAEL G. SPECTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum
2:00 PM
CONT...
Allan Eli Gindi and Carol June Gindi
Chapter 11
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum
Candice Candice Bryner
2:00 PM
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#10.00
Hearing RE: Application For Payment Of Interim Fees And/Or Expenses For The Period From June 11, 2019 Through December 31, 2019
(Motion filed 1/6/20)
[RE: M. CANDICE BRYNER OF BRYNER CROSBY, APC - Attorneys for
Debtors - Litigation Counsel]
[Fees: $8,440.00; Expenses: $192.64]
Docket 314
Tentative Ruling:
APPEARANCES REQUIRED.
Because this is an interim as opposed to a final fee application, the Court will overrule Totaro & Shanahan's limited opposition without prejudice to Totaro & Shanahan's right to make arguments regarding fee payment priorities in connection with the final fee application hearing.
The Court finds that the Bryner Crosby APC's requested compensation represents reasonable compensation for the services rendered in the applicable time period of the application. The compensation is approved on an interim basis, with fees in the amount of $8,440.00 and expenses in the amount of $192.64.
LAW OFFICES OF MICHAEL G. SPECTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum
2:00 PM
CONT...
Allan Eli Gindi and Carol June Gindi
Chapter 11
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum
Candice Candice Bryner
2:00 PM
8:19-12127
Richard J. Kelly and Mary J. Kelly
Chapter 7
#11.00
Hearing RE: Objection To Debtors' Claims Of Exemption (Motion filed 12/13/19)
Docket 33
Tentative Ruling:
APPEARANCES REQUIRED.
No tentative ruling.
Debtor(s):
Party Information
Richard J. Kelly Represented By
J Scott Williams
Joint Debtor(s):
Mary J. Kelly Represented By
J Scott Williams
Trustee(s):
Jeffrey I Golden (TR) Represented By Faye C Rasch
9:00 AM
6:18-14098
Monica Del Cano
Chapter 7
#1.00
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
Tentative Ruling:
APPEARANCES REQUIRED.
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.
Party Information
Debtor(s):
Monica Del Cano Represented By William Radcliffe
Trustee(s):
Karl T Anderson (TR) Represented By Lovee D Sarenas
9:00 AM
6:19-10872
Gregory Michael Harmeling
Chapter 7
#2.00
Alderson Law Firm - movant attorney Motion for Relief from Stay
Jillian Kathleen Stafford vs. DEBTOR (Motion filed 1/7/20)
Re: ACTION IN NON-BANKRUPTCY FORUM RE:
Docket 20
*** VACATED *** REASON: Case Closed on 5/14/09 - jc Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Gregory Michael Harmeling Represented By Mona V Patel Todd L Turoci
Trustee(s):
John P Pringle (TR) Pro Se
9:00 AM
6:19-19743
Douglas Harold Reitz
Chapter 7
#3.00
Vanlochem & Associates LLP - movant attorney Motion for Relief from Stay
Truwest Credit Union vs. DEBTOR (Motion filed 12/20/19)
Re: 2018 RAM 1500, VIN # 3C6JR6ATXJG238528
Docket 7
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Douglas Harold Reitz Represented By Robert W Ripley
9:00 AM
CONT...
Trustee(s):
Douglas Harold Reitz
Chapter 7
Robert Whitmore (TR) Pro Se
9:00 AM
6:19-20873
Nicholas Matthew Maloney
Chapter 7
#4.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
TD Auto Finance LLC vs. DEBTOR, Charles W. Daff, trustee (Motion filed 1/2/20)
Re: 2019 Jeep Cherokee, VIN: 1C4PJMLX1KD124284
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Nicholas Matthew Maloney Represented By Todd L Turoci
9:00 AM
CONT...
Trustee(s):
Nicholas Matthew Maloney
Chapter 7
Charles W Daff (TR) Pro Se
2:00 PM
6:09-14254
Fleetwood Enterprises, Inc. and PACO STEEL &
Chapter 11
#1.00
Hrg. on American Express Travel Related Services Company Inc.Motion for Rehearing on liquidating trustee's forty-third omnibus objection seeking disallowance of claims and American Express Travel Related Services Company, Inc.'s response thereto; or for reconsideration or to amend findings
Docket 4866
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court finds excusable neglect on the part of Mr. Winters and will permit this matter to be re-argued and re-submitted. The Court continues the hearing to March 10, 2020 at 2:00 p.m. at which point it will hear oral argument on the motion de novo. No additional pleadings (except requests or stipulations to continue and the like) shall be filed.
COURT TO PREPARE ORDER.
Party Information
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
6:16-12444
David Eugene Poplin
Chapter 7
#2.00
Hrg. on approval of trustee's final report and applications for compensation
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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
$606.20 and expenses in the amount of $0.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
David Eugene Poplin Represented By Marc A Duxbury
Trustee(s):
Howard B Grobstein (TR) Pro Se
2:00 PM
6:18-14953
Frederick Segoviano Aguado
Chapter 7
#3.00
Hrg. on Application filed 1/2/20 for Compensation for The Turoci Firm, Trustee's Attorney, Period: 8/15/2018 to 12/23/2019, Fee: $2,572.50, Expenses: $94.66
Docket 36
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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 fees in the amount of $2,572.50 and expenses in the amount of $94.66. Payment is authorized when funds become available.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Frederick Segoviano Aguado Represented By Brian J Horan
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
6:18-18731
Scott Shih Lee
Chapter 7
#4.00
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: 10/15/19)
Docket 109
*** VACATED *** REASON: Order continuing hearing to 7/14/20 signed on 11/25/19 -jc
Tentative Ruling:
Party Information
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
6:19-18655
Corwin Matthew Rouse and Ami Corwin Rouse
Chapter 7
#5.00
Hrg. on chapter 7 trustee's Motion filed 1/7/20 to Reject Lease or Executory Contract Motion for Order Extending Time to Assume or Reject Unexpired Lease of Nonresidential Real Property
Docket 24
Tentative Ruling:
APPEARANCES REQUIRED.
The Court intends to grant the motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Corwin Matthew Rouse Represented By Sanaz S Bereliani
Joint Debtor(s):
Ami Corwin Rouse Represented By Sanaz S Bereliani
Trustee(s):
Robert Whitmore (TR) Represented By Caroline Djang
2:00 PM
6:19-18655
Corwin Matthew Rouse and Ami Corwin Rouse
Chapter 7
#6.00
Hrg. on chapter 7 trustee's motion filed 1/7/20 for Authorization for Trustee to Operate Debtors' Business on an Interim Basis
Docket 26
Tentative Ruling:
APPEARANCES REQUIRED.
The Court intends to grant the motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Corwin Matthew Rouse Represented By Sanaz S Bereliani
Joint Debtor(s):
Ami Corwin Rouse Represented By Sanaz S Bereliani
Trustee(s):
Robert Whitmore (TR) Represented By Caroline Djang
2:00 PM
6:19-18655
Corwin Matthew Rouse and Ami Corwin Rouse
Chapter 7
#6.10
Hrg. on Motion filed 1/7/20 for order authorizing sale of estate property free and clear of liens, subject to overbid
(OST signed on 1/14/20)
Docket 22
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will inquire whether there are any overbidders. Grant motion and approve sale.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Corwin Matthew Rouse Represented By Sanaz S Bereliani
Joint Debtor(s):
Ami Corwin Rouse Represented By Sanaz S Bereliani
Trustee(s):
Robert Whitmore (TR) Represented By Caroline Djang
2:00 PM
6:16-19764
Wayne Earl Parker and Kristine Marie Parker
Chapter 7
#7.00
Hrg. on Order to Show Cause why Mr. McCandless should not be required to reimburse the U.S. Trustee and amount of $750 in addition to the reimbursement payment, or a total of $1,250, for the fees and costs incurred in connection with the Application and the enforcement of the Order
Docket 0
Tentative Ruling:
APPEARANCES REQUIRED.
Mr. Timothy McCandless is requested to personally appear at this hearing as per the Court's Order filed and entered January 13, 2020 [Docket No. 56].
Grant OSC and order Mr. McCandless to pay a total of $1,250.00 in satisfaction of all sanctions on or before February 28, 2020, and file a declaration to that effect on or before February 28, 2020.
(Note: This tentative ruling applies to 2pm matters 7 & 8. The sanctions are not cumulative. The total imposed will be $1,250.00 only.)
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Wayne Earl Parker Represented By
Timothy L McCandless
Joint Debtor(s):
Kristine Marie Parker Represented By
Timothy L McCandless
2:00 PM
CONT...
Trustee(s):
Wayne Earl Parker and Kristine Marie Parker
Chapter 7
Karl T Anderson (TR) Pro Se
2:00 PM
6:16-19764
Wayne Earl Parker and Kristine Marie Parker
Chapter 7
#8.00
Hrg. on Order to Show Cause why Mr. McCandless should not be held in contempt for failure to comply with the Court's order filed an entered 7/5/19 Order [docket No. 51] requiring him to make the reimbursement payment (as definded in the Order) and file the compliance declaration (as defined in the Order) with the time parameters set forth in the Order.
Docket 0
Tentative Ruling:
APPEARANCES REQUIRED.
Mr. Timothy McCandless is requested to personally appear at this hearing as per the Court's Order filed and entered January 13, 2020 [Docket No. 56].
Grant OSC and order Mr. McCandless to pay a total of $1,250.00 in satisfaction of all sanctions on or before February 28, 2020, and file a declaration to that effect on or before February 28, 2020.
(Note: This tentative ruling applies to 2pm matters 7 & 8. The sanctions are not cumulative. The total imposed will be $1,250.00 only.)
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Wayne Earl Parker Represented By
Timothy L McCandless
Joint Debtor(s):
Kristine Marie Parker Represented By
Timothy L McCandless
2:00 PM
CONT...
Trustee(s):
Wayne Earl Parker and Kristine Marie Parker
Chapter 7
Karl T Anderson (TR) Pro Se
2:00 PM
6:17-15972
Enriquez Q Amezcua
Chapter 7
#9.00
Hrg. on trustee's motion for orders: (1) Approving sale of real property, subject to overbid; (2) Authorizing sale free and clear of liens and interests; (3) Authorizing release of funds from escrow; (4) Approving payment of real estate commissions; (5) Authorizing 100% of sale proceeds to be paid to the Bankruptcy Estate; (6) Authorizing trustee to reimburse Roquemore, Pringle & Moore, Inc. for funds advanced to US Marshal service for eviction; (7) Authorizing trustee to reimburse real estate broker, Jan Neiman, for funds advanced for locksmith, security and cameras, removal of debris and payment of utilities; (8) Approving payment of property insurance to trustee resource group; (9) Approving stipulation between trustee and secured creditor AP-
Commerce to reduce secured claim against real property to facilitate sale (OST signed on 1/17/20)
Docket 122
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will inquire whether there are any overbidders.
Grant motion in its entirety, except that overbids will be in $2,000.00 increments. CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Enriquez Q Amezcua Pro Se
Trustee(s):
John P Pringle (TR) Represented By
Michelle A Marchisotto
2:00 PM
CONT...
Enriquez Q Amezcua
Chapter 7
9:00 AM
8:17-14396
Styles For Less, Inc., a California corporation
Chapter 7
Adv#: 8:19-01212 Kosmala v. DeAngelo, SR et al
#1.00
STATUS CONFERENCE Hearing RE: Complaint:
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(b), 548(a)(1)(A), 550, And Calalifornia Civil Code Sections 3439.04(a)(1), 3439.07 And 3439.09;
To Avoid Transfer And Recover Fraudulent Transfers Pursuant To 11
U.S.C. Sections 544(b), 548(a)(1)(B), 550, And California Civil Code Sections 3439.04(a)(2), 3439.07 And 3439.09;
To Avoid And Recover Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550;
To Preserve Transfers For The Benefit Of The Estate Pursuant To 11
U.S.C. Section 551;
To Disallow Claim Pursuant To 11 U.S.C. Section 502(d); And
For Breach Of Fiduciary Duties Of Loyalty And Care (Complaint filed 11/6/19)
Docket 1
*** VACATED *** REASON: CONTINUED TO MARCH 25, 2020 AT 9:00 A.M. PER ORDER APPROVING SECOND STIPULATION ENTERED 1-14-20 - (DOCKET NO. [12])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
Defendant(s):
Douglas Periera Pro Se
9:00 AM
CONT...
Styles For Less, Inc., a California corporation
Chapter 7
Gina Womack Pro Se
Jason DeAngelo Pro Se
August DeAngelo II Pro Se
Michael DeAngelo JR Pro Se
Michael DeAngelo SR Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Jeffrey I Golden
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello
9:00 AM
8:18-10203
Phillip Barry Greer
Chapter 7
Adv#: 8:18-01075 Street v. Greer et al
#2.00
Hearing RE: Defendants' Motion To Dismiss Plaintiff's Second Amended Complaint (FRCP 12(b)(6)
(Motion filed 12/2/19)
Docket 107
Tentative Ruling:
APPEARANCES REQUIRED.
This matter comes before the Court on debtor-defendant Phillip B. Greer ("Mr. Greer")’s third motion to dismiss a complaint against him by plaintiff-creditor Chriss
W. Street ("Mr. Street"). The Court granted two previous motions to dismiss by Mr. Greer with leave to Mr. Street to amend his complaint. Upon the granting of the second motion to dismiss, the Court warned Mr. Street against the broad use of incorporation by reference, specifically with respect to incorporation of a state court complaint. The Court believes Mr. Street made efforts to heed this admonition, but the fact remains that he nevertheless chose to incorporate by reference the entire state court complaint. A state court jury rendered a verdict finding fraud by Mr. Greer, and Mr. Street apparently would like to move this adversary proceeding forward through the use of the doctrine of issue preclusion based upon the state court jury’s fraud finding and the state court’s entry of judgment thereon. However, it is not as simple and straightforward as that.
11 U.S.C. § 523(a)(2)(A) does not automatically make each and every state court judgment for fraud a debt excepted from discharge under federal bankruptcy law. The transactions taken as a whole must still fit within the terms and language of the statute. Section 523(a)(2)(A) provides in relevant part that " A discharge under
9:00 AM
CONT...
Phillip Barry Greer
Chapter 7
section 727 . . . does not discharge an individual debtor from any debt – (2) for money, property, services or an extension, renewal or refinancing of credit, to the extent obtained by – (A) false pretenses, a false representation, or actual fraud . . ." (boldface type added by this Court). Now, the statute does not in so many words require that a debtor actually obtain "money, property, services or an extension, renewal or refinancing of credit" – only that someone (who may be the debtor but who is not necessarily the debtor) obtain money, property, services etc. by false pretenses, a false representation or actual fraud, and that as a result of that, the debtor incurs a debt. This is essentially what occurred in the Supreme Court case of Husky International Electronics, Inc. v. Ritz, 136 S. Ct. 1581 (2016). In that case, the debtor was a corporate insider who transferred assets of one corporation to other entities in which he had an interest. These transfers were determined to be fraudulent conveyances. As a shareholder, the debtor was liable to the corporation’s creditors for the debt arising from the transferor corporation’s fraudulent intercompany transfers of property. Thus, the statute’s requirements were met even though the debtor did not actually obtain any money, property, services, etc. (it being the transferees who actually obtained the property transferred fraudulently).
As a matter of statutory interpretation, the statute’s use of the words "to the extent obtained by" (shown in boldface type above) is a reference to "money, property, services" etc., not a reference to the word "debt" in the opening clause of section 523(a)(2). The Supreme Court’s Husky International opinion makes this clear: "It is of course true that the transferor does not "obtai[n]" debts in a fraudulent transfer. But the recipient of the transfer – who, with the requisite intent, also commits fraud – can "obtai[n]" assets "by" his or her participation in the fraud." 136 S. Ct. at 1589 (underscoring added by this Court). Note in this regard that while money, property, services etc. are assets, a debt is not an asset, it is a liability.
All of this is of critical importance here, because, with one minor exception, Mr.
9:00 AM
CONT...
Phillip Barry Greer
Chapter 7
Greer’s Second Amended Complaint fails to show how Mr. Greer or anyone obtained any money, property, services etc. – any assets, in other words -- by false pretenses, a false representation or actual fraud. The second count of the state court complaint (alleging fraud) incorporated by reference into Mr. Street’s Second Amended Complaint alleges an entire host of lies, misrepresentations and false assurances made by Mr. Greer to Mr. Street, and huge damages incurred by Mr.
Street by reason thereof, but does not refer to any iota of money, property, services, etc. obtained by Mr. Greer with one notable exception: expert witness Dennis Sinclair refunded $5,000 to Mr. Greer, and Mr. Greer "failed to refund the
$5,000 to [Mr. Street]." Thus, except for the $5,000, the state court fraud judgment of $2,416,410.30 is not a "debt for money, property, services or an extension,
renewal or refinancing of credit, to the extent obtained by – (A) false pretenses, a false representation, or actual fraud " See Glunk v. Glunk (In re Glunk), 343 B.R.
754, 758 (Bankr. E.D. Pa. 2006). For these reasons, the Court will cap the amount of the state court fraud judgment that is excepted from discharge to an amount equal to $5,000 plus any other portion of the judgment that can be shown by Mr. Street by a preponderance of the evidence to be tied to the failure to refund the $5,000. Therefore, the first claim for relief is not dismissed, but recovery by Mr. Street is capped as aforesaid.
The essence of a section 523(a)(6) cause of action for exception from discharge based upon "willful and malicious injury" is not merely an intentional act by the defendant causing injury to the plaintiff but rather an intentional act by the defendant that the defendant intended to cause injury. In other words, in order to except debt from discharge on a "willful and malicious" theory, a creditor must show both (1) that the debtor intended his or her action, and (2) that the debtor intended his or her action to cause injury. Farm Credit Mid-America v. Tingle (In re Tingle), 594 B.R. 396, 402 (Bankr. E.D. Ky. 2018). If a debtor knew that his action was substantially certain to cause injury, this would support a good section 523(a)(6)
9:00 AM
CONT...
Phillip Barry Greer
Chapter 7
cause of action. Reed v. Reed (In re Reed), 587 B.R. 202, 209 (D. Me. 2017).
The state court complaint alleges that Mr. Greer misled Mr. Street, lied to him and failed to inform him of important developments in the bankruptcy case in which Mr. Greer was providing representation. However, the state court complaint fails to allege that Mr. Greer intended to hurt Mr. Street by these actions or that he knew his actions were substantially certain to injure Mr. Street. Thus, the state court complaint, standing alone, even though incorporated by reference, fails to provide a route to a good section 523(a)(6) cause of action.
The Second Amended Complaint supplements the allegations contained within the state court complaint with its own (non-incorporated by reference) allegations, but such allegations also fail to state a claim for relief under section 523(a)(6). For example, numbered paragraphs 22, 23 and 24 allege that the acts and omissions referenced in the state court complaint "were done intentionally," "necessarily caused injury to Plaintiff," and "were done without just cause or excuse." All of that may be true – and all is considered to be true for purposes of the Court ruling on this third motion to dismiss the complaint – but that still falls short of an allegation that Mr. Greer intended to cause injury to Mr. Street when he did those bad acts (lying, failing to disclose, etc.). Mr. Greer knew his actions were substantially certain to cause injury to Mr. Street. The Second Amended Complaint perhaps comes closest to the required allegation when it alleges that Mr. Greer’s actions "necessarily" caused injury, but it does not logically follow from the fact that something necessarily causes injury that a particular person knows injury is substantially certain to occur. The Second Amended Complaint’s failure to allege that Mr. Greer either intended to injure Mr. Street by his actions or that he knew his actions were substantially certain to cause injury are fatal to the section 523(a)(6) cause of action for willful and malicious injury. The Court therefore grants the motion as to the Second Amended Complaint’s Second Claim for Relief relating to section 523(a)(6). Because this is Mr. Greer’s third motion to dismiss, and because
9:00 AM
CONT...
Phillip Barry Greer
Chapter 7
Mr. Street has had ample opportunity to cure pleading defects and has failed as to the Second Claim for Relief, the Second Claim for Relief is dismissed without leave to amend.
The Second Amended Complaint’s Third Claim for Relief is a request for a declaratory judgment that the judgment lien held by Mr. Street affects and is an encumbrance on certain real property located at 19 Bridgeport Road, Newport Beach, California 92657 (the "Property") whose title is in the name of Mr. Greer’s spouse, Arlene C. Biden. Mr. Street contends that, notwithstanding how title is held, the Property is actually community property. The chapter 7 trustee in this case, Richard Marshack, has an adversary proceeding pending in this Court in which he contends that the Property was intentionally fraudulently transferred by Mr. Greer to Ms. Biden. If Mr. Marshack is successful and the Property is deemed to be property of the bankruptcy estate, then Mr. Street would hold a security interest in the Property by reason of the judgment lien he holds. In that event, presumably, Mr. Street would have little interest in pursuing the Third Claim for Relief for a declaratory judgment. For that reason, it would seem the interests of judicial economy dictate that the Third Claim for Relief be stayed pending resolution of the adversary proceeding commenced by Mr. Marshack as described above. Unless Mr. Street has compelling reasons showing that these concerns relating to judicial economy should be overridden, the Court will stay the Third Claim for Relief.
MR. GREER TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Phillip Barry Greer Represented By Phillip Greer
Defendant(s):
Phillip Barry Greer Represented By Phillip Greer Ryan D O'Dea
9:00 AM
CONT...
Phillip Barry Greer
Timothy C Aires
Chapter 7
Richard A. Marshack Represented By Ryan D O'Dea Phillip Greer Timothy C Aires
Plaintiff(s):
Chriss W. Street Represented By Timothy C Aires Phillip Greer Ryan D O'Dea
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D O'Dea
9:00 AM
8:19-11212
Marc Solomon Tenner
Chapter 7
Adv#: 8:19-01094 DeLuca et al v. Tenner
#3.00
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; 8-7-19
Docket 1
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will issue the following scheduling order:
All discovery shall close on July 31, 2020.
All discovery motions shall be heard before August 31, 2020.
All pretrial motions (except motions in limine) shall be heard before September 30, 2020.
Pretrial conference is set for October 21, 2020 at 9:00 a.m. COURT TO PREPARE ORDER
Party Information
Debtor(s):
Marc Solomon Tenner Represented By Marc Weitz
9:00 AM
CONT...
Marc Solomon Tenner
Chapter 7
Defendant(s):
Marc Solomon Tenner Pro Se
Plaintiff(s):
Lenore DeLuca Represented By Timothy F Umbreit
John DeLuca Represented By
Timothy F Umbreit
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:19-01158 South Coast Behavioral Health, Inc. v. Reliable Fast Cash, LLC et al
#4.00
Hearing RE: Motion To Amend Counterclaim (Motion filed 11/26/19)
Docket 19
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION FOR LEAVE TO FILE FIRST AMENDED COUNTERCLAIM ENTERED 1-14-20 - (DOCKET NO. [31])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Defendant(s):
Mendl Chanin Represented By Steven R Fox
Reliable Fast Cash, LLC Represented By Steven R Fox
Plaintiff(s):
South Coast Behavioral Health, Inc. Represented By
Sean A OKeefe
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:19-01158 South Coast Behavioral Health, Inc. v. Reliable Fast Cash, LLC et al
#5.00
Hearing RE: Motion To Compel Rule 26 Disclosure Of Documents And For A Monetary Sanction
(Motion filed 12/20/19)
Docket 27
Tentative Ruling:
APPEARANCES REQUIRED.
Reliable Fast Cash, LLC and Mendl Chanin ("Movants") bring this motion (the "Motion") for an order compelling South Coast Behavioral Health, Inc. ("South Coast") to supplement its initial disclosures under Federal Rule of Civil Procedure 26(a)(1)(A)(ii) and to impose sanctions. South Coast, contending that the disclosures it has already made satisfy the requirements of this Rule, opposes the Motion.
The issues are relatively straightforward and clear-cut. Federal Rule of Civil Procedure 26(a)(1)(A)(ii), incorporated by Federal Rule of Bankruptcy Procedure 7026, requires a party, without awaiting a discovery request, to provide to the other parties "a copy – or a description by category and location – of all documents [and other materials] that the disclosing party has in its possession, custody or control and may use to support its claims and defenses . . ."
South Coast elected to perform under this Rule by providing Movants with a description by category and location of the relevant documents and other materials it intends to use in its case (as opposed to providing actual copies of such documents and other materials). Movants contend that South Coast’s responses have been inadequate and fail to comply with the Rule because the specifications of categories of documents are too general in nature to be informative to the degree
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
required by the Rule. According to Movants, South Coast’s category descriptions are meaningless tropes, such as "books and records." For example, South Coast’s disclosures dated December 4, 2019 refer to "[t]he books and records of the Plaintiff that refer or relate to the loans made by RFC to the Plaintiff."
The purposes of Rule 26(a)(1) appear to be to accelerate the exchange of basic information about the case, eliminate the paper work involved in requesting such information and – importantly – to be clear enough about the documents being relied upon by the disclosing party so as to guide the opponent of the disclosing party to formulate an intelligent response, such as a tailored request for the production of documents. City of Chicago v. Purdue Pharma L.P., No. 14 CV 4361, 2017 WL 2819948 (N.D. Ill., March 3, 2017). It would seem to the Court that Rule 26(a)(1), when considered in conjunction with Rule 34 (production of documents), is essentially self-policing, because if a disclosing party asserts in its initial disclosures that it may use documents X in presenting its case, then the party to whom such disclosures are made would be entirely justified in requesting the production of all X documents. Such a request almost by definition would not be overbroad, because the disclosing party has asserted it may use such documents, and if it may use them, then it must produce them.
The Court views as adequate the disclosures challenged by Movants because they provide a clear guide to Movants response: Movant can make a request for production of documents that covers the categories most recently set forth in South Coast’s Rule 26(a) disclosures to Movants.
With these principles in mind, the Court denies the Motion and declines to impose sanctions on anyone.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Michael N Nicastro Sean A OKeefe
Chapter 11
Defendant(s):
Reliable Fast Cash, LLC Represented By Steven R Fox
Mendl Chanin Represented By Steven R Fox
Plaintiff(s):
South Coast Behavioral Health, Inc. Represented By
Sean A OKeefe
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:19-01167 Complete Business Solutions Group, Inc. v. South Coast Behavioral Health,
#6.00
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)
(Another Summons issued 11/13/19) FR: 11-6-19; 11-27-19
Docket 1
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will issue the following scheduling order:
Plaintiff shall obtain entry of default by the Clerk against the non-answering Defendants on or before February 29, 2020, and shall set a motion for entry of default judgment to be heard before March 31, 2020.
All discovery shall close on July 31, 2020.
All discovery motions shall be heard before August 31, 2020. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
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 South Coast Behavioral Health, Inc. Pro Se
Plaintiff(s):
Complete Business Solutions Group, Represented By
Karel G Rocha
10:00 AM
8:19-13577
Maria de Lourdes Lara-Capetillo
Chapter 7
#1.00
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And American Honda Finance Corporation
(Motion filed 11/14/19)
[RE: 2016 Honda CRV - Amount: $22,256.57] [VIN No.: 2HKRM3H56GH560728]
Docket 11
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION DISMISSING CASE WITH 180 DAY REFILING BAR - (DOCKET NO. [17])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Maria de Lourdes Lara-Capetillo Represented By
Marlin Branstetter
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
8:19-14164
Ulysess Ortiz
Chapter 7
#2.00
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Orange County's Credit Union
(Motion filed 11/12/19)
[RE: 2014 Nissan Versa - Amount: $3,319.34]
Docket 9
Tentative Ruling: APPEARANCES REQUIRED.
The reaffirmation agreement is approved provided that the loan is current, the vehicle is insured, and Mr. Ortiz is comfortable with a re-affirmation and believes he can make all the remaining payments on time.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Ulysess Ortiz Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
8:19-14587
Christina Lee Bugg
Chapter 7
#3.00
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And American Honda Finance Corporation
(Motion filed 12/30/19)
[RE: 2017 Honda Civic - Amount: $17,014.49] [VIN No.: 2HGFC2F54HH522624]
Docket 13
Tentative Ruling: APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Christina Lee Bugg Represented By Michael Jones
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
8:19-10058
Joy Omoderi Amagboruju Miles
Chapter 11
#1.00
CONT'D Hearing RE: Motion For Order Approving Individual Debtor's First Amended Disclosure Statement In Support Of Debtor's Plan Of Reorganization (Motion filed 9/30/19)
(D.S. filed 9/30/19)
(First Amended D.S. filed 12/20/19) FR: 11-13-19
Docket 64
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will approve the disclosure statement and will require the plan, disclosure statement, and ballots to be filed and served on or before February 7, 2020.
Ballots and objections to plan confirmation are due March 6, 2020.
Reply to objections and the plan confirmation memorandum are due March 13, 2020. The plan confirmation hearing shall be held on April 15, 2020 at 2:00 p.m.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
2:00 PM
8:19-11375
SoCal REO Acquisitions Group LLC
Chapter 11
#2.00
CONT'D Hearing RE: Debtor's First Amended Disclosure Statement Describing Debtor's First Amended Plan Of Reorganization
(D.S. filed 11/7/19)
(Amended D.S. filed 12/11/19) FR: 11-13-19
Docket 70
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will inquire into how Debtor proposes to address the United States Trustee's concerns regarding the Coronado property and the adequacy of cash on the plan effective date.
Party Information
Debtor(s):
SoCal REO Acquisitions Group LLC Represented By
Nima S Vokshori Henry D Paloci
2:00 PM
8:19-11375
SoCal REO Acquisitions Group LLC
Chapter 11
#3.00
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.; 11-13-19
Docket 1
Tentative Ruling:
APPEARANCES REQUIRED.
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.
Party Information
Debtor(s):
SoCal REO Acquisitions Group LLC Represented By
Nima S Vokshori
2:00 PM
8:19-14865
Ice Energy Holdings, Inc.
Chapter 7
#4.00
Hearing RE: Emergency Motion Of Chapter 7 Trustee For Order Approving Trust Agreement
(Motion filed 12720)
Docket 22
Tentative Ruling: APPEARANCES REQUIRED.
The Court will inquire into the estimated cost of removing the 95 HVAC units as opposed to the cost of renewing the lease for an additional month.
Party Information
Debtor(s):
Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden
9:00 AM
6:19-17108
Brian Garoutte
Chapter 7
Adv#: 6:19-01161 Alaska USA Federal Credit Union v. Garoutte et al
#1.00
STATUS CONFERENCE re: Complaint by Alaska USA Federal Credit Union against Brian Garoutte. (a)(6); §§727(a)(2), (a)(4) and (a)(5) (Attachments: # 1 Adversary Coversheet # 2 Summons and Notice of Status # 3 Exhibit A & B) Nature of Suit: (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury))
Docket 1
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will issue the following scheduling order:
All discovery shall close on August 31, 2020.
All discovery motions shall be heard before September 30, 2020.
All pretrial motions (except motions in limine) shall be heard before October 31, 2020.
Pretrial conference is set for November 12, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Brian Garoutte Represented By Kevin Tang
Defendant(s):
Brian Garoutte Pro Se
9:00 AM
CONT...
Brian Garoutte
Chapter 7
Mollie Garoutte Pro Se
Joint Debtor(s):
Mollie Garoutte Represented By Kevin Tang
Plaintiff(s):
Alaska USA Federal Credit Union Represented By
Bonni S Mantovani
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
8:19-14865
Ice Energy Holdings, Inc.
Chapter 7
#1.00
Hearing RE: Motion Of Chapter 7 Trustee For Order (1) Approving Chapter 7 Trustee For Order: (1) Approving Overbid Procedures; (2) Approving Break-
Up Fee; And (3) Approving Buyer's Expense Reimbursement (Set Per Order Entered 1-28-20)
Docket 34
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will grant the Motion with the following modifications:
Overbids begin at $3,650,000. Minimum increments thereafter will be $50,000.
The sum of the Break-up Fee and all expense reimbursements shall not exceed
$105,000. (in other words, expense reimbursements are included in the $105,000 cap and are not in addition to it except to the extent that the stalking horse bidder actually advanced money to the Debtor or paid Debtor's expenses).
The Bid Deadline shall be March 3, 2020 at noon.
The Sale Motion shall be heard on March 9, 2020 at 2:00 p.m.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden
9:00 AM
8:20-10051
Timothy Lee Hirou
Chapter 7
#1.00
Motion for relief from stay [Unlawful Detainer]
Juliette Worthe vs. DEBTOR (Motion filed 1/16/20)
[RE: 1401 Sea Ridge Avenue, Newport Beach, CA 92660]
Docket 9
Tentative Ruling:
APPEARANCES REQUIRED.
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.
Party Information
Debtor(s):
Timothy Lee Hirou Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
8:15-14213
John Edward Kikuchi
Chapter 13
#2.00
Motion for relief from stay [Real Property]
Wells Fargo Bank, N.A. vs. DEBTOR (Motion filed 1/10/20)
[RE: 12 Scripps Aisle, No. 175, Irvine, CA 92612]
Docket 50
*** VACATED *** REASON: OFF CALENDAR - VOLUNATARY DISMISSAL OF MOVANT'S MOTION FILED 1-28-20 - (DOCKET NO. [52])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
John Edward Kikuchi Represented By William R Cumming
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:18-11131
Danny Garza and Roxanne Garza
Chapter 13
#3.00
Motion for relief from stay [Real Property]
Nationstar Mortgage LLC, d/b/a Mr. Cooper
[RE: 1522 West Washington Avenue, Santa Ana, CA 92706]
Docket 39
Tentative Ruling:
APPEARANCES REQUIRED.
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 movant may contact the debtor to comply with California Civil Code § 2923.5. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Danny Garza Represented By
Anerio V Altman
Joint Debtor(s):
Roxanne Garza Represented By
9:00 AM
CONT...
Trustee(s):
Danny Garza and Roxanne Garza
Anerio V Altman
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-10046
James A. Grove Inc.
Chapter 7
#4.00
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Azad Sabounjian, Susan Sabounjian, Sarine Nigolian And Grant Nigolian vs. DEBTOR
(Motion filed 1/16/20)
[RE: Case Name: A. Sabounjian, et al. v. James A. Grove, et al.]
[Docket No.: AAA Case No. 011900039758 (Initiated November 8, 2019)] [Pending In: American Arbitration Association]
Docket 11
Tentative Ruling:
APPEARANCES REQUIRED.
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed in the non-bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. Movant shall not enforce its final judgment against the debtor or property of the estate, except by filing a proof of claim in this bankruptcy case pursuant to 11 U.S.C.
§ 501 and/or a complaint to determine the nondischargeability of the debt.
Cause exists for relief under 11 U.S.C. § 362(d)(1) because the claims at issue arise under non-bankruptcy law and can be most expeditiously resolved in the non- bankruptcy forum.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
9:00 AM
CONT...
Debtor(s):
James A. Grove Inc.
Chapter 7
James A. Grove Inc. Represented By James C Bastian Jr
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
#5.00
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Reliable Fast Cash, LLC vs. DEBTOR (Motion filed 1/17/20)
[RE: Case Name: Reliable Fast Cash, LLC v. South Coast Behavioral Health, d/b/a South Coast Behavioral Health, et al.]
[Docket Number: 51803/2019]
[Pending In: Supreme Court of the State of New York, County of Kings]
Docket 377
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will rule on Reliable Fast Cash LLC’s ("RFC") evidentiary objections.
The Curtis factors are applicable when a party in interest seeks relief from the automatic stay to pursue litigation in a non-bankruptcy forum.
The first factor is whether granting relief from stay will facilitate a partial or complete resolution of the issues. The Court agrees with debtor South Coast Behavioral Health, Inc. ("South Coast") that granting relief from stay will result in litigation in multiple forums with the risk of potentially conflicting court rulings.
The second factor is interference with the bankruptcy case. The Court agrees with South Coast that allowing a state court to resolve claims against the bankruptcy estate would interfere with this chapter 11 case, in part because this Court has no control over how long it would take state courts to accomplish this and, much more importantly, because one of this Court’s important (and core) functions is to resolve
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
objections to claims against the bankruptcy estate. Additionally, the McPhail Declaration indicates that Mr. McPhail – who is running South Coast at the present time – would lack the time to adequately defend himself should the state court proceedings against him continue. Thus, granting relief from stay would divert his energies from running South Coast, thereby interfering with this chapter 11 case. All in all, this factor greatly favors South Coast.
The Court agrees with RFC that the third factor favors RFC because the state court proceedings would not involve South Coast as a fiduciary.
Although the parties have not specifically addressed the fourth factor, apparently believing it to irrelevant, the Court finds that the fourth factor is in South Coast’s favor because the state court is not a specialized tribunal nor would it seem to be better suited –although it might be as good – to resolving the disputes at issue here.
Litigation in another forum would prejudice the interests of other creditors in the case because (1) it would divert Mr. McPhail’s efforts from efficiently managing South Coast and (2) , as argued by South Coast, threaten South Coast’s licenses and operations. RFC has made contentions to the contrary, but the Court concludes South Coast’s evidence on this point is more credible than RFC’s evidence (to the extent any such evidence exists). This factor greatly favors South Coast.
The Court agrees with RFC that this Court has not yet made any determinations with respect to equitable subordination. Nor has the Court made any determination that equitable subordination does not apply. This factor is neutral.
The Court agrees with South Coast that factors 10-12 all favor South Coast for the reasons argued by South Coast.
For these reasons, the Court determines that South Coast has met its burden under 11 U.S.C. § 362(g)(2) to show that "cause" does not exist to grant relief from stay and therefore denies RFC’s motion for relief from stay. Because chapter 11 cases
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
can sometimes take unusual turns, however, the Court denies the motion without prejudice as opposed to with prejudice. However, no renewed motion may be filed prior to July 31, 2020 without a Court order permitting the same.
Based upon this determination, it is unnecessary for the Court to rule upon other arguments advanced by South Coast in its opposition to RFC’s motion.
SOUTH COAST TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
9:00 AM
8:19-13802
Timothy NMN Barnett
Chapter 7
#6.00
Motion for relief from stay [Real Property]
NPI Debt Fund I, LP vs. DEBTOR (Motion filed 1/16/20)
[RE: 643 East 109th Place, Los Angeles, CA 90059]
Docket 27
Tentative Ruling:
APPEARANCES REQUIRED.
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.
Furthermore, the Court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and/or the filing of multiple bankruptcy cases relating to the subject property. 11 U.S.C. § 362(d)(4).
Also, grant the following relief:
- Box 9. Relief from stay is granted under 11 U.S.C. § 362(d)(4), if the order granting this motion is recorded in compliance with state laws governing notices of interest or liens in real property, the order is binding in any other case under this title purporting
9:00 AM
CONT...
Timothy NMN Barnett
Chapter 7
to affect the Property filed not later than two years after the date of entry of such order, except that a debtor in a subsequent case under this title may move for relief from the order based upon changed circumstances or for good cause shown, after notice and a hearing.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Timothy NMN Barnett Represented By Michael D Franco
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-13802
Timothy NMN Barnett
Chapter 7
#7.00
Motion for relief from stay [Real Property]
NPI Debt Fund I, LP vs. DEBTOR (Motion filed 1/17/29)
[RE: 5321 South Deane Avenue, Los Angeles, CA 90043]
Docket 29
Tentative Ruling:
APPEARANCES REQUIRED.
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.
Furthermore, the Court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and/or the filing of multiple bankruptcy cases relating to the subject property. 11 U.S.C. § 362(d)(4).
Also, grant the following relief:
- Box 9. Relief from stay is granted under 11 U.S.C. § 362(d)(4), if the order granting this motion is recorded in compliance with state laws governing notices of interest or liens in real property, the order is binding in any other case under this title purporting
9:00 AM
CONT...
Timothy NMN Barnett
Chapter 7
to affect the Property filed not later than two years after the date of entry of such order, except that a debtor in a subsequent case under this title may move for relief from the order based upon changed circumstances or for good cause shown, after notice and a hearing.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Timothy NMN Barnett Represented By Michael D Franco
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-14673
Nipaporn Wuttisawat
Chapter 7
#8.00
Motion for relief from stay [Personal Property]
Ford Motor Credit Company LLC vs. DEBTOR (Motion filed 1/6/20)
[RE: 2018 Ford Mustang - VIN No.: 1FA6P8CF6J5107990]
Docket 9
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 2-3-2020 - (DOCKET NO. [14])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Nipaporn Wuttisawat Represented By Kevin Tang
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-14723
James Alvin Grove
Chapter 7
#9.00
CONT'D Motion for relief from stay [Action In Non-Bankruptcy Forum]
Azad Sabounjian, Susan Sabounjian, Sarine Nigolian And Grant Nigolian vs. DEBTOR
(Motion filed 1/6/20)
[RE: Case Name: A. Sabounjian, et al. v. James Allen Grove, et al.] [Docket No.: AAA Case No. 011900039758 (Initiated November 8, 2019)]] [Pendung In: American Arbitration Association]
FR: 1-27-20
Docket 18
Tentative Ruling:
APPEARANCES REQUIRED.
The Court intends to deny the Motion without prejudice. Movants can file a proof of claim and if such claim is not objected to by any party, they can obtain all the benefits from the arbitration without the expenses. If an objection to Movant's proof of claim is filed, the Court will permit movants to again seek the relief of a lifting of the automatic stay.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
James Alvin Grove Represented By Michael N Nicastro
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
CONT...
James Alvin Grove
Chapter 7
9:00 AM
8:19-14842
James Smeal and Anna M Smeal
Chapter 13
#10.00
Motion for relief from stay [Personal Property]
Partners Federal Credit Union vs. DEBTORS (Motion filed 1/17/20)
[RE: 2014 Hyundai Santa Fe - VIN KM8SR4HF7EU066605]
Docket 14
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
James Smeal Represented By
Andy C Warshaw
Joint Debtor(s):
Anna M Smeal Represented By
9:00 AM
CONT...
Trustee(s):
James Smeal and Anna M Smeal
Andy C Warshaw
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-14865
Ice Energy Holdings, Inc.
Chapter 7
#11.00
CONT'D Motion for relief from stay [Unlawful Detainer] RREEF CPIF 1575 Sunflower, LLC vs. DEBTOR
(Motion filed 1/2/20)
[RE: 1575 Sunflower Avenue, Costa Mesa, CA 92926]
FR: 1-27-20
Docket 12
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will deny the Motion without prejudice for the reasons argued by the Chapter 7 Trustee. No renewed motion for relief from stay may be filed until April 30, 2020.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
8:19-10212
Hill Concrete Structures
Chapter 11
Adv#: 8:19-01144 Hill Concrete Structures et al v. Capital One Bank (USA), N.A.
#12.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Injunction Relief And Declaratory Relief
(Complaint filed 7/11/19) FR: 10-9-19
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to April 22, 2020 at 9:00 a.m. An updated status report is due April 8, 2020.
COURT TO PREPARE ORDER.
Party Information
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
8:14-14604
Felix Martinez
Chapter 13
#13.00
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; 8-21-19
Docket 79
*** VACATED *** REASON: CONTINUED TO FEBRUARY 26, 2020 AT 3:00 P.M. PER ORDER AMENDING HEARING DATE ENTERED 9-18-19- (DOCKET NO. [109])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Felix Martinez Represented By Joseph A Weber Fritz J Firman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:15-15311
Freedom Communications, Inc.
Chapter 11
#1.00
Hearing RE: Official Committee Of Unsecured Creditors' Motion For Order Approving Settlement Between The Committee, Pension Benefit Guaranty Corporation, Traci M. Christian And Etaros Actuarial Services
(Motion filed 1/15/20)
Docket 1610
Tentative Ruling:
APPEARANCES NOT REQUIRED.
On its own motion, the Court will continue this hearing to March 9, 2020 at 2:00 p.m. COURT TO PREPARE ORDER.
Party Information
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
8:18-11826
Celso Ponce Ortiz
Chapter 7
#2.00
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; 11-25-19
Docket 27
Tentative Ruling: APPEARANCES REQUIRED.
The Court will hold a hearing on whether sufficient evidence exists so as to warrant the referral of Mr. Patel to a three-judge disciplinary panel. The Court will not be making ultimate fact-finding as to whether the facts are as stated in Mr. Patel’s declaration or as stated in Mr. Ortiz’s declaration and will leave such fact-finding to the three-judge panel. Instead, the Court will confine itself to the more limited issue of whether the Office of the United States Trustee (the "UST") has presented enough evidence to this Court to warrant the referral of Mr. Patel that the UST is seeking. The Court believes this approach will protect Mr. Patel’s due process rights more completely than if this Court were to engage in ultimate fact-finding. Counsel should be prepared to argue these points.
Party Information
Debtor(s):
Celso Ponce Ortiz Represented By Ashishkumar Patel
2:00 PM
CONT...
Trustee(s):
Celso Ponce Ortiz
Chapter 7
Thomas H Casey (TR) Pro Se
2:00 PM
8:19-11047
Eric Wayne Mydland
Chapter 7
#3.00
Hearing RE: Motion For Trustee's Abandonment Of Property (Notice of Motion filed 1/14/20)
Docket 59
Tentative Ruling:
APPEARANCES REQUIRED.
The Court intends to grant the Motion and permit the abandonment of excepted funds. CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Eric Wayne Mydland Represented By
Bryant C MacDonald
Trustee(s):
Richard A Marshack (TR) Represented By Anerio V Altman
2:00 PM
8:19-11375
SoCal REO Acquisitions Group LLC
Chapter 11
#4.00
Hearing RE: Application For Payment Of Interim Fees And/Or Expenses For The Period From April 15, 2019 Through December 31, 2019
(Application filed 1/10/20)
[RE: VOKSHORI LAW GROUP, APLC, Attorney For Debtor] [Fees: $19,250.00; Expenses: $134.40]
Docket 85
Tentative Ruling:
APPEARANCES REQUIRED.
The compensation is approved on an interim basis as to the Vokshori Law Group, with fees in the amount of $19,250.00 and expenses in the amount of $134.40.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
SoCal REO Acquisitions Group LLC Represented By
Nima S Vokshori Henry D Paloci
2:00 PM
8:19-11987
Enalasys Corporation
Chapter 11
#5.00
Hearing RE: Motion To Authorize "Super Priority" Debtor-In-Possession Credit Pursuant To 11 U.S.C. Section 364(c)
(Motion filed 1/9/20)
Docket 69
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the hearing to February 24, 2020 at 2:00 p.m. to permit Debtor to file a copy of the proposed finance agreement as required by F.R.B.P. 4001(c) (and a copy of the proposed form or order). Such additional documents shall be filed on or before February 17, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Enalasys Corporation Represented By Michael Jones Sara Tidd
2:00 PM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
#6.00
Hearing RE: Debtor's Motion For A Second Extension Of Exclusive Periods Within Which The Debtor May File A Plan Of Reorganization And Solicit Acceptances
(Motion filed 1/17/20)
Docket 379
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
2:00 PM
8:19-14865
Ice Energy Holdings, Inc.
Chapter 7
#7.00
Hearing RE: Motion Of Chapter 7 Trustee For Order: (1) Approving Overbid Procedures; (2) Approving Break-Up Fee, And (3) Approving Buyer's Expense Reimbursement
(Motion filed 1/27/20)
Docket 28
*** VACATED *** REASON: OFF CALENDAR - ADVANCED TO FEBRUARY 3, 2020 AT 2:00 P.M. PER ORDER ENTERED 1-28-2020 - [DOCKET NO. [34])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden
9:00 AM
6:19-19752
Darryl D. Moore and Judith A. Moore
Chapter 7
#1.00
Patten, Peterman, Bekkedahl & Green, PLLC - movant attorney Motion for Relief from Stay
Beartooth Bank, creditor vs. DEBTORS (Motion filed 1/10/20)
Re: ACTION IN NON-BANKRUPTCY FORUM RE: Lots in Dot Calm Ranches Subdivision
Docket 18
Tentative Ruling:
APPEARANCES REQUIRED.
The Court intends to deny the Motion without prejudice. This Motion is in substance a motion for relief from stay with respect to real property. The Court has forms to use for such a motion, and their use is mandatory. Local Bankrutpcy Rule 4001-1(b)(1).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Darryl D. Moore Represented By Lazaro E Fernandez Gustavo Munguia
Joint Debtor(s):
Judith A. Moore Represented By Lazaro E Fernandez
9:00 AM
CONT...
Trustee(s):
Darryl D. Moore and Judith A. Moore
Chapter 7
Karl T Anderson (TR) Pro Se
9:00 AM
6:19-20421
Juan Carbajal
Chapter 7
#2.00
Sheppard, Mullin, Richter & Hampton LLP - movant attorney Motion for Relief from Stay
San Diego County Credit Union vs. DEBTOR (Motion filed 1/17/20)
Re: 2016 Kia Optima with Exhibits A-C
Docket 8
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
The order is binding and effective despite conversion of this bankruptcy case to a case under any other chapter of Title 11 of the U.S. Code.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Juan Carbajal Represented By Natalie A Alvarado
9:00 AM
CONT...
Trustee(s):
Juan Carbajal
Chapter 7
Karl T Anderson (TR) Pro Se
9:00 AM
6:19-20880
Christian Miguel Fernandez and Elka Elizabeth Fernandez
Chapter 7
#3.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Infiniti Financial Services vs. DEBTORS, Lynda T. Bui, trustee (Motion filed 1/9/20)
Re: 2015 Infiniti QX60, VIN: 5N1AL0MM3FC547436
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Christian Miguel Fernandez Represented By Aaron Lloyd
9:00 AM
CONT...
Christian Miguel Fernandez and Elka Elizabeth Fernandez
Chapter 7
Joint Debtor(s):
Elka Elizabeth Fernandez Represented By Aaron Lloyd
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
6:19-21126
Miguel Angel Guerrero and Sonia Vega Guerrero
Chapter 7
#4.00
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
American Honda Finance Corporation vs. DEBTOR, Arturo Cisneros, chapter 7 trustee
(Motion filed 1/10/20)
Re: 2017 HONDA CIVIC, VIN: 2HGF C1F3 5HH6 42604
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Miguel Angel Guerrero Represented By Robert W Ripley
9:00 AM
CONT...
Miguel Angel Guerrero and Sonia Vega Guerrero
Chapter 7
Joint Debtor(s):
Sonia Vega Guerrero Represented By Robert W Ripley
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
6:19-21220
Justin Matthew Specht and Kristine Daphne Specht
Chapter 7
#5.00
Cooksey, Toolen Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTOR, Robert Whitmore, trustee (Motion filed 1/7/20)
Re: 2018 Ford Fusion, VIN: 3FA6P0PU9JR232554
Docket 7
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Justin Matthew Specht Pro Se
9:00 AM
CONT...
Justin Matthew Specht and Kristine Daphne Specht
Chapter 7
Joint Debtor(s):
Kristine Daphne Specht Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
6:11-40045
Douglas Aaron Abell and Stella Renee Abell
Chapter 7
#1.00
Hrg. on trustee's final report; application for compensation
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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
$1,1271.77 and expenses in the amount of $44.80.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Douglas Aaron Abell Represented By Gregory J Doan
Joint Debtor(s):
Stella Renee Abell Represented By
2:00 PM
CONT...
Trustee(s):
Douglas Aaron Abell and Stella Renee Abell
Gregory J Doan
Chapter 7
John P Pringle (TR) Pro Se
2:00 PM
6:17-18961
Joseph Edward Putney and Julie Anna Putney
Chapter 7
#2.00
Hrg. on Order to Show Cause Re: Ming Cong Dang
(Cont. from 12/12/19)
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the hearing to April 21, 2020 at 2:00 p.m. COURT TO PREPARE ORDER.
Party Information
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
CONT...
Trustee(s):
Joseph Edward Putney and Julie Anna Putney
Chapter 7
Todd A. Frealy (TR) Pro Se
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
#3.00
Hrg. on Debtor's Motion filed 1/6/20 omnibus objection to claims 7, 8, 9 & 10
Docket 432
Tentative Ruling:
APPEARANCES NOT REQUIRED.
For reasons of judicial economy, the Court will defer any hearing on these claim objections until HLI's appeal of the Plan Confirmation Order is finally resolved. The Court therefore continues the hearing to July 20, 2020 at 2:00 p.m.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
6:19-20231
Desert Springs Financial LLC
Chapter 7
#4.00
Hrg. on Motion of Debtor Desert Springs Financial, LLC, and of DSF's 100% Equity holder--Shin--Moving for Order Dismissing DSF's Chapter 7 Bankruptcy, as Unnecessary, and Because Dismissal is More Favorable for Creditors than Proceeding with Chapter 7
Docket 21
*** VACATED *** REASON: Cont. to 2/25/20 @ 2:00 p.m. by order signed on 2/10/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Desert Springs Financial LLC Represented By Kathleen P March
Trustee(s):
Robert Whitmore (TR) Represented By Richard A Marshack Chad V Haes
2:00 PM
6:19-20231
Desert Springs Financial LLC
Chapter 7
#5.00
Hrg. on chapter 7 trustee's Motion filed 1/17/20 for Order: Authorizing Sale of Real Property Consisting of Approximately 7.06 Acres of Vacant Land Located in Cathedral City, California (a) Outside the Ordinary Course of Business; (b) Free and Clear of Liens, Claims, and Encumbrances; (c) Subject to Overbid; and (d) for Determination of Good Faith Purchaser Under 11 U.S.C. §363(M)
Docket 26
*** VACATED *** REASON: Cont. to 2/25/20 @ 2:00 p.m. by order signed on 2/10/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Desert Springs Financial LLC Represented By Kathleen P March
Trustee(s):
Robert Whitmore (TR) Represented By Richard A Marshack Chad V Haes
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
#1.00
CONT'D Hearing RE: CBSG Are Ordered To Appear And Show Cause RE Contempt Relating To Violation Of Automatic Stay And Cash Collateral Order - For The Court To Consider Whether Sanctions Should Be Increased As A Result Of Actual Damages To The Debtor Resulting From CBSG's Stay Violations - (The "Business Damage Claim").
(Set per Order Entered 8/9/19) (Amended Order Entered 8/13/19)
[Lisa McElhone and Joseph Laforte are no longer required to appear in this Court on August 14, 2019 per Amended Order Entered 8/13/19]
FR: 8-14-19
Docket 178
Debtor(s):
*** VACATED *** REASON: CONTINUED TO FEBRUARY 19, 2020 AT 9:00 A.M. PER ORDER RESETTING HEARING ON ORDER TO SHOW CAUSE ENTERED 1-24-20 - (DOCKET NO. [386])
Party Information
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
9:00 AM
8:18-12427
James Russell Balsamo
Chapter 7
Adv#: 8:18-01189 Labor Commissioner, State of California v. Balsamo
#2.00
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; 10-16-19
Docket 1
Debtor(s):
*** VACATED *** REASON: OFF CALENDAR - TO BE RE-SET AT A LATER DATE PER ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL ENTERED 8-28-19 - (DOCKET NO. [58])
Party Information
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
8:15-15311
Freedom Communications, Inc.
Chapter 11
Adv#: 8:17-01012 Official Committee of Unsecured Creditors of Freed v. Kushner et al
#3.00
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;
9-4-19
Docket 1
Debtor(s):
*** VACATED *** REASON: CONTINUED TO JUNE 17, 2020 AT 9:00
A.M. PER ORDER APPROVING JOINT STIPULATION TO STAY DISCOVERY AND EXTEND PRE-TRIAL SCHEDULE ENTERED 10-11- 19 - (DOCKET NO. [169])
Party Information
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
CONT...
Freedom Communications, Inc.
Chapter 11
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
6:17-20442
Timothy David Murphy
Chapter 7
Adv#: 6:18-01218 Wells Fargo Bank, N.A. v. Murphy et al
#1.00
PRE-TRIAL CONFERENCE re: Complaint in Interpleader (Con't from 10/3/19)
Docket 1
*** VACATED *** REASON: Cont. to 2/20/20 @ 9:00 a.m. by order signed on 1/24/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
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
9:00 AM
CONT...
Trustee(s):
Timothy David Murphy
Chapter 7
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
9:00 AM
6:19-16597
Olga Marina Calderon de Gonzalez
Chapter 7
#1.00
The Law Office of Van Nghiem - movant attorney Motion for Relief from Stay
The Law Offices of Van Nghiem; Van Nghiem vs. DEBTOR (Motion filed 1/22/20)
Re: Action in Non-Bankruptcy Forum
Docket 66
Tentative Ruling:
APPEARANCES REQUIRED.
Absent any opposition by the Chapter 7 Trustee or the Debtor, the Court will grant the motion under 11 U.S.C. § 362(d)(1); provided, however, that no state court judgment obtained by Movant may be enforced against bankruptcy estate property without the prior written consent of the Chapter 7 Trustee.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Olga Marina Calderon de Gonzalez Represented By
Neelamjeet K Kahlon-Pfister
Trustee(s):
Lynda T. Bui (TR) Represented By Rika Kido
Leonard M Shulman
9:00 AM
6:19-20996
Debra Richards
Chapter 7
#2.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
TD Auto Finance LLC vs. DEBTOR (Motion filed 1/24/20)
Re: 2019 Ram Ram 1500, VIN: 1C6RREBG2KN684082
Docket 11
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Debra Richards Represented By Alexander Pham
9:00 AM
CONT...
Trustee(s):
Debra Richards
Chapter 7
Robert Whitmore (TR) Pro Se
2:00 PM
6:17-17018
Melanie Christine Eberwein
Chapter 7
#1.00
Hrg. on Application filed 1/3/20 for Compensation for The Turoci Firm, Trustee's Attorney, Period: 4/16/2019 to 12/24/2019, Fees: $4,270.00, Expenses: $224.56
Docket 40
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court intends to grant the motion.
The compensation is approved on a final basis as to the Turoci Firm, with fees in the amount of $4,270.00 and expenses in the amount of $224.56.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Melanie Christine Eberwein Represented By Michael D Franco
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
6:18-15105
Lainie Lee Rideout
Chapter 7
#2.00
Hrg. on trustee's final report; applications for compensation
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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 $1,500.00 and expenses in the amount of $0.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Lainie Lee Rideout Represented By Todd L Turoci
2:00 PM
CONT...
Trustee(s):
Lainie Lee Rideout
Chapter 7
Howard B Grobstein (TR) Represented By David Wood
2:00 PM
6:19-17552
RVT Inc
Chapter 11
#3.00
Hrg. on Application filed 10/18/19 to Employ Julie J Villalobos as General Bankruptcy Counsel
(Cont. from 12/3/19)
Docket 57
*** VACATED *** REASON: Cont. to 3/24/20 @ 2:00 p.m. - jc Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
RVT Inc Represented By
Julie J Villalobos
9:00 AM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
Adv#: 6:18-01046 Havasu Lakeshore Investments v. Fleming, Sr
#2.00
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
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to June 4, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
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
9:00 AM
CONT...
Terry Lee Fleming, Sr
Grant G. Teeple
Chapter 11
9:00 AM
8:17-14478
Dennis Edward Lake
Chapter 7
Adv#: 8:18-01035 Federal Trade Commission v. Lake
#1.00
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; 10-16-19
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will terminate the stay of this adversary proceeding and issue a new scheduling order that will provide as follows:
All discovery closes June 30, 2020.
All discovery motions shall be heard before July 31, 2020.
All pretrial motions shall be heard before September 15, 2020.
Pretrial conference is set for October 21, 2020 at 9:00 a.m.
Any discovery conducted by Plaintiff shall be consistent with the terms of home confinement of Defendant and take into account the particular effects of such home confinement.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Dennis Edward Lake Represented By
D Justin Harelik
9:00 AM
CONT...
Dennis Edward Lake
Chapter 7
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
8:18-10324
Alexander Mark Christian Isaly
Chapter 7
Adv#: 8:18-01083 B3 FIT, INC et al v. Isaly
#3.00
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; 12-4-19
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the Pretrial Conference to April 22, 2020 at 9:00 a.m. to give the Parties additional opportunity to finalize settlement documentation.
COURT TO PREPARE ORDER.
Party Information
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
CONT...
Alexander Mark Christian Isaly
Chapter 7
Plaintiff(s):
B3 FIT, INC Represented By
Ian Landsberg
Terence Shorter Represented By Ian Landsberg
Tina Shorter Represented By
Ian Landsberg
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01193 Basho Technologies Holdco C, LLC et al v. Chester
#4.00
CONT'D Hearing RE: Plaintiff's Amended Motion For Summary Judgment (Motion filed 12/11/19)
(Amended Motion filed 12/11/19) FR: 1-22-20
Docket 50
Tentative Ruling:
APPEARANCES REQUIRED.
Plaintiffs Basho Technologies Holdco B, LLC et al. ("Plaintiffs") move for summary judgment (the "Motion") against debtor-defendant Chester Davenport ("Mr.
Davenport") on their three causes of action: (1) a cause of action under 11 U.S.C. § 523(a)(4) for fraud or defalcation while acting in a fiduciary capacity; (2) a cause of action under 11 U.S.C. § 727(a)(2) for a disposition of property, such as transfer or concealment, coupled with a subjective intent to hinder, delay or defraud a creditor through the act of disposing of the property; and (3) a cause of action under 11
U.S.C. § 727(a)(3) for a concealment or destruction of documents or a failure to keep adequate records. Mr. Davenport opposes the Motion.
The Section 523(a)(4) Cause of Action
Section 523(a)(4) excepts from discharge a debt for fraud or defalcation while acting in a fiduciary capacity. The United States Court of Appeals for the Ninth Circuit (the "Ninth Circuit") has adopted a narrow definition of the term "fiduciary" for this purpose: the fiduciary relationship must be one rising from an express or technical
9:00 AM
CONT...
Chester Davenport
Chapter 7
trust that was imposed before the wrongdoing and without reference to the wrongdoing that caused the debt. Cal-Micro, Inc. v. Cantrell (In re Cantrell), 329 F.3d 1119, 1125 (9th Cir. 2003). See also Plyam v. Precision Development, LLC (In re Plyam), 530 B.R. 456, 471 (B.A.P. 9th Cir. 2015).
In determining whether the requisite trust relationship exists, a bankruptcy court is required to look to state law. Mele v. Mele (In re Mele), 501 B.R. 357, 363 (B.A.P.
9th Cir. 2013) ("We consult state law to determine whether the requisite trust relationship exists.") Plaintiffs allege that Mr. Davenport was a director of Basho Technologies, Inc., a Delaware corporation ("Basho") and that he breached fiduciary duties while serving as a Basho director by engaging in self-dealing and by committing other bad acts. Plaintiffs obtained a judgment against Mr. Davenport in Delaware Chancery Court. Given all these facts, the relevant state law for determining whether the requisite trust relationship exists would seem to be Delaware law (a proposition that the parties do not appear to dispute).
Delaware law clearly imposes fiduciary duties on corporate directors. Guth v. Loft, Inc., 23 Del. Ch. 255, 5 A.2d 503, 510 (Del. 1939). However, as discussed above, the presence of fiduciary duties, although a necessary condition for finding a debt is excepted from discharge under 11 U.S.C. § 523(a)(4), is not a sufficient condition – such fiduciary duties must arise from an express or technical trust. Under Delaware law, it would appear that an express or technical trust is not created until wrongdoing by corporate officers or directors occurs: "The language of the Court is to be interpreted in light of the situations presented. Clearly, it was not meant that directors of a corporation are trustees, in a strict or technical sense, in all their relations with the corporation, its stockholders and creditors; but, as clearly, it was implied that they should be treated as such when they have unlawfully profited through breach of duty, and at the expense of the corporation." Bovay v. H.M. Byllesby & Co., 27 Del. Ch. 381, 393 (1944) (underscoring added by this Court). Thus, it would appear under Delaware law that corporate directors are not trustees in the
9:00 AM
CONT...
Chester Davenport
Chapter 7
absence of wrongdoing and only become trustees once wrongdoing begins to occur. There would appear to be no express or technical trust in existence prior to the wrongdoing, thereby taking debts relating to Delaware directors’ breaches of fiduciary duty outside the scope of 11 U.S.C. § 523(a)(4) under the rule announced by the Ninth Circuit in Cantrell.
An unpublished decision cited by Plaintiffs, ATR-KIM Eng Financial Corp. v. Bonilla, No. C 08-01062 WHA, 2008 WL 4414153 (N.D. Cal., Sept. 25, 2008), although
quoting in the opinion the very same language from Bovay that this Court quoted above, reaches the conclusion that debts of Delaware corporate directors arising from breach of their fiduciary duties are excepted from discharge under 11 U.S.C. § 523(a)(4) (affirming the bankruptcy court that so found). The opinion reads: "A Delaware corporate director has fiduciary duties with respect to the corporation and its shareholders at all times. These duties exist regardless of any wrongdoing by the director . . . Bonilla was a fiduciary before DHC was looted and remained one
after . . . As such, his debt is nondischargeable under Section 523(a)(4)."
This Court disagrees with the result in Bonilla and will not (at this time) follow it. What must exist before the wrongdoing are not merely fiduciary duties, but instead both fiduciary duties and an express or technical trust. The Delaware cases cited and discussed in Bonilla seem to this Court to hold that an express or technical trust does not come into existence until after the wrongdoing occurs. To hold that only fiduciary duties need exist before the wrongdoing occurs in order to trigger section 523(a)(4) appears to fly directly in the face of, and contrary to, the Ninth Circuit’s holding in Cantrell.
For these reasons, the Court denies without prejudice that portion of the Motion seeking summary judgment under section 523(a)(4), Plaintiffs not having made a sufficient showing in the pleadings they filed that they are entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a).
9:00 AM
CONT...
Chester Davenport
Chapter 7
However, the Court is not ruling out the possibility that with additional research, analysis and briefing with respect to Delaware law either Plaintiffs or Mr. Davenport might be able to persuade the Court that summary judgment is warranted on this issue. Thus, the denial is without prejudice.
The Section 727(a)(2) Cause of Action
Genuine issues of material fact exist as to Mr. Davenport’s intent with respect to delays in scheduling assets and filing the statement of financial affairs. The same is true with respect to inaccuracies in the schedules. Plaintiffs have failed to make a sufficient showing that a wrongful intent was present as opposed to mere negligence or inattention. The Motion is denied with prejudice as to the section 727(a)(2) cause of action.
The Section 727(a)(3) Cause of Action
Section 727(a)(3) provides that a chapter 7 debtor will be denied a discharge if "the debtor has concealed, destroyed, mutilated, falsified or failed to keep or preserve any recorded information . . . from which the debtor’s financial condition or business transactions might be ascertained, unless such act or failure to act was justified under all the circumstances of the case . . ." Plaintiffs point to the delays encountered in getting Mr. Davenport to turn over recrods to the trustee and ask the Court to determine on the basis of such delays (which have been extensive) that Mr. Davenport has engaged in the type of conduct that section 727(a)(3) penalizes with a denial of discharge. There is a logical disconnect here. A delay in furnishing documents is not proof such documents were never prepared or were destroyed, mutilated, etc. Plaintiffs have not proven that any particular or specific document was destroyed, mutilated, etc. The Motion is denied with prejudice as to the section
9:00 AM
CONT...
Chester Davenport
Chapter 7
727(a)(3) cause of action.
The Court will Grant Plaintiffs' Request for Judicial Notice in Support of Plaintiffs' Motion for Summary Judgment [Docket No. 71].
MR. DAVENPORT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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 Tanya Behnam
Basho Technologies Holdco E, LLC Represented By
Bradley Gardner Randye B Soref Tanya Behnam
Hunoby Enterprises, LLC Represented By Bradley Gardner Randye B Soref Tanya Behnam
Earl P. Galleher III Represented By Bradley Gardner Randye B Soref Tanya Behnam
9:00 AM
CONT...
Chester Davenport
Chapter 7
Basho Technologies Holdco B, LLC Represented By
Randye B Soref Bradley Gardner Tanya Behnam
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:19-10058
Joy Omoderi Amagboruju Miles
Chapter 11
#5.00
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; 10-30-19
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the Status Conference to April 15, 2020 at 2:00 p.m. (the date and time of the Plan Confirmation Hearing).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
9:00 AM
8:19-12113
Heidi Crawford
Chapter 7
Adv#: 8:19-01178 New Deco Arts & Crafts Co Ltd v. Crawford
#6.00
Hearing RE: Plaintiff's Motion To Strike Defendant's Amended Answer To Adversary Proceeding
(Motion filed 1/23/20)
Docket 28
Tentative Ruling:
APPEARANCES REQUIRED.
Grant in part and deny in part.
Plaintiff New Deco Arts & Crafts Co., Ltd. ("Plaintiff") moves the Court to strike the amended answer filed by debtor-defendant Heidi Crawford ("Defendant") on the grounds that the amended answer improperly pleads a general denial and the affirmative defenses lack sufficient factual detail under Iqbal and Twombly or are not affirmative defenses at all.
The Affirmative Defenses
The United States District Court for the Central District of California has held that the heightened pleading standards mandated by Iqbal and Twombly do not apply to affirmative defenses set forth in answers. Instead, the sufficiency of an affirmative defense is determined under the "fair notice" pleading rules. Rosen v. Masterpiece Marketing Group, LLC, 222 F. Supp. 3d 793 (C.D. Cal. 2016) (Otero, J.) This does not mean that no factual details need be supplied. An affirmative defense that is a bare recitation of a legal doctrine devoid of any factual allegations fails even the "fair
9:00 AM
CONT...
Heidi Crawford
Chapter 7
notice" standard. Id. at 804-805.
Applying this standard, the Court determines that affirmative defenses 2, 4, 5, 6, 8,
9, 10, 13, 14, and 15 pass muster under the relaxed fair notice standard because sufficient factual detail is provided. Affirmative defense 3 is stricken because no explanation is provided as to why the fact that Style House, Inc. and Plaintiff conducted an on-going business relationship from 2011-2017 creates an affirmative defense based upon consent. Affirmative defense 7 is stricken because no explanation is provided as to how or why prevention or frustration is a defense or is tied to an abrupt change in the working process of doing business. Affirmative defense 17 is stricken because no factual detail or explanation is provided as to why a cause of action fails to state a claim.
Additionally, the Court agrees with Plaintiff that certain affirmative defenses either make no sense or do not qualify as such and therefore should be stricken without leave to amend. Privilege in affirmative defense 1 relates to a rule of evidence and does not constitute an affirmative defense. Affirmative defense 11 is stricken because the insolvency of Style House, Inc., even if true, does not provide any kind of a defense. Affirmative defense 12 is stricken because it is not an affirmative defense. Defendant is certainly free to argue that Plaintiff is presenting no evidence in support of its claims, but this is not an affirmative defense. Affirmative defense 16 is stricken because misjoinder does not play a role in this case: Defendant has not been joined to this action, she is the original defendant.
General Denials
In separately numbered paragraphs, Defendant has addressed each allegation of the complaint. The pleading requirements of Fed. R. Civ. P. 8(b) are satisfied; a denial need not be explained. Rule 8(b)(2) (a denial must fairly respond to the substance of the allegation) is intended to foreclose mealy-mouthed responses in an answer
9:00 AM
CONT...
Heidi Crawford
Chapter 7
that do not squarely admit or deny an allegation but instead demand proof of an allegation or contend that an allegation is immaterial. 5 FEDERAL PRACTICE AND PROCEDURE (Wright and Miller) § 1264.
PLAINTIFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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
8:19-12113
Heidi Crawford
Chapter 7
Adv#: 8:19-01178 New Deco Arts & Crafts Co Ltd v. Crawford
#7.00
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; 12-4-19
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to June 3, 2020 at 9:00 a.m. with a status report due May 20, 2020.
Pursuant to Plaintiff's request, the Court will order this Adversary Proceeding into mediation. The mediation stipulation is to be filed and an order lodged thereon prior to March 19, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Heidi Crawford Pro Se
9:00 AM
CONT...
Heidi Crawford
Chapter 7
Plaintiff(s):
New Deco Arts & Crafts Co Ltd Represented By
Zheng Liu
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-12113
Heidi Crawford
Chapter 7
Adv#: 8:19-01179 DX Home Designs Inc. v. Crawford et al
#8.00
Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 Against Heidi Crawford
(Motion filed 1/10/20)
Docket 50
Tentative Ruling:
APPEARANCES REQUIRED.
In its order filed and entered December 5, 2019, the Court granted a motion by plaintiff DX Home Designs, Inc. ("DX") to strike the answer and affirmative defenses of debtor-defendant Heidi Crawford ("Ms. Crawford") with leave to amend on or before 21 days after entry of such order. Thus, the deadline to answer was December 26, 2019. Ms. Crawford failed to answer by December 26, 2019. The Clerk of the Court entered Ms. Crawford’s default on December 30, 2019. Ms.
Crawford then filed an answer one week late on January 2, 2020. On January 10, 2020, DX filed a motion for entry of default judgment (the "Motion").
The Motion is now before the Court. The Court will hear argument on whether the Court should determine that Ms. Crawford’s late filing of her answer is a result of excusable neglect and, if it should be determined that excusable neglect is present, whether the Court should vacate her default and permit this adversary proceeding to go forward on the merits.
Party Information
Debtor(s):
Heidi Crawford Represented By
9:00 AM
CONT...
Heidi Crawford
Richard G Heston
Chapter 7
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
8:19-12113
Heidi Crawford
Chapter 7
Adv#: 8:19-01179 DX Home Designs Inc. v. Crawford et al
#9.00
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; 12-4-19
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the Status Conference to June 3, 2020 at 9:00 a.m. with an updated status report due May 20, 2020.
Pursuant to Plaintiff's request, the Court will order this Adversary Proceeding into mediation. The mediation stipulation is to be filed and an order lodged thereon on or before March 19, 2020.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Heidi Crawford
Chapter 7
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
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
#10.00
CONT'D Hearing RE: CBSG Are Ordered To Appear And Show Cause RE Contempt Relating To Violation Of Automatic Stay And Cash Collateral Order - For The Court To Consider Whether Sanctions Should Be Increased As A Result Of Actual Damages To The Debtor Resulting From CBSG's Stay Violations - (The "Business Damage Claim").
(Set per Order Entered 8/9/19) (Amended Order Entered 8/13/19)
[Lisa McElhone and Joseph Laforte are no longer required to appear in this Court on August 14, 2019 per Amended Order Entered 8/13/19]
FR: 8-14-19; 2-12-20
Docket 178
Tentative Ruling:
APPEARANCES REQUIRED.
South Coast Behavioral Health, Inc., a California corporation ("South Coast") filed a voluntary chapter 11 petition on June 20, 2019. South Coast has alleged that it was driven into bankruptcy by a group of what South Coast describes as "predatory lenders." South Group contends that this group of companies (largely or entirely based in the State of New York) crippled its operations with extremely high interest rates and lending agreement terms that enabled the companies to take control of South Coast’s bank accounts and extract money therefrom automatically through so-called ACH transfers. The companies generally deny these allegations and contend that they are the purchasers of South Coast’s receivables rather than lenders.
This Court previously determined that one of these companies, namely, Complete Business Solutions Group dba Par Funding ("CBSG") violated the automatic stay by
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
sending communications postpetition to parties who owed money to South Coast and directing such parties to pay CBSG instead of South Coast. The Court determined that such actions by CBSG were knowing and intentional and that they not only jeopardized the very existence of South Coast but, even worse, potentially threatened grave health consequences to South Coast’s patients. (South Coast operates centers providing addiction treatment care and counseling).
By order entered August 27, 2019, the Court found that CBSG had violated the automatic stay and ordered CBSG to pay a total of approximately $50,000 to South Coast’s bankruptcy counsel and creditors’ committee counsel. The Court set a continued hearing for a determination of whether sanctions "should be increased as a result of actual damages to the Debtor resulting from CBSG’s Stay Violations . . ." South Coast was required by the order to file an opening brief on or before November 15, 2019. CBSG’s opposition was due December 15, 2019.
This matter is now properly before the Court, with the Court having the benefit of reading and reviewing South Coast’s opening brief and CBSG’s opposition. CBSG’s opposition is essentially a memorandum of points and authorities of law unsupported by any evidence in the form of one or more declarations. Certainly, there was nothing preventing CBSG from providing the Court with evidence in the form of declarations. (In contrast, South Coast’s opening brief is supported by four separate declarations). CBSG asks the Court to hold an evidentiary hearing with respect to this matter. The Court’s practice is to hold an evidentiary hearing in situations where the existing evidence in the form of declarations filed by the opposing parties is insufficient to permit the Court to rule on the motion before it. If CBSG wanted to present evidence to the Court, it should have done so by filing declarations. CBSG had all of September, October and November and half of
December 2019 to prepare and file such declarations. Having failed to do so, CBSG’s request for an evidentiary hearing is overruled and denied.
The evidence before the Court shows that South Coast’s monthly revenues during
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
the six months prior to filing bankruptcy averaged $969,384 per month. Substantially contemporaneously with the issuance of "pay CBSG instead of South Coast" letters, South Coast’s revenues for August 2019 dropped catastrophically to
$562,635 (a decline of about 42 percent). By October 2019 – two months after CBSG’s predatory and automatic stay-violating actions had been curbed by this Court – South Coast’s monthly revenues bounced back to $952,857. This creates a strong inference that the sharp decline in revenues in August 2019 was not the result of South Coast filing bankruptcy – South Coast was in bankruptcy in July 2019, in August 2019 and in October 2019) – but instead is attributable to CBSG’s stay- violating activities.
South Coast argues that it lost $387,500 per month in gross revenues for three months (for a total of $1,162,500) as a result of CBSG’s wrongful actions and that such gross revenues would have translated into $290,625 of increased EBITDA (25 percent of $1,162,500). In layman’s terms, $1.00 in added gross revenue translates into 25 cents of profit, with the remaining 75 cents being used to pay expenses incurred in generating such profit.
The Court accepts South Coast’s assertion that its EBITDA is 25 percent of its gross revenues and that lost revenues entail reduced EBITDA. However, the Court rejects as implausible South Coast’s contention that it lost an average of $387,500 per month in gross revenues for a period of three months as a result of CBSG’s misdeeds. By October 2019, South Coast’s monthly gross revenues had bounced back to $952,857, an amount that closely approximates South Coast’s average monthly gross revenues of $969,384 during the six months preceding bankruptcy.
Regarding the decline in gross monthly revenues, the Court determines that South Coast lost $406,747 in gross revenues as a result of CBSG’s stay violations. Using the 25 percent number for translating gross revenues into profit (or lost profit, as the case may be), the Court finds that South Coast was damaged in the amount of
$101,687 by CBSG’s stay violations.
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
South Coast also argues that CBSG’s stay violations resulted in a delay of the sale of South Coast’s business because prospective purchasers riveted their attention on the 42 percent decline in revenues in August 2019, made such purchasers skeptical of South Coast’s viability and directly impacted value perceptions (because such perceptions are tied to a company’s EBITDA). All of this may have been true – for a time. Now that more than five months have passed since August 2019, it becomes less and less plausible that a buyer would be greatly troubled by a one-time, one- month downward blip in revenues, especially where there is a coherent and obvious explanation for that blip. Moreover, there is no evidence before the Court that South Coast has a buyer in hand who is merely waiting for more time to pass and more of South Coast business history to be reported before committing to a purchase of South Coast’s assets. With no buyer who is ready to close presenting itself, and for the foregoing reasons, the Court rejects South Coast’s delay-of-sale argument for additional damages.
Accordingly, the Court finds that South Coast was damaged in the additional amount of $101,687 (i.e., additional to the approximately $50,000 in sanctions previously imposed) by CBSG’s stay violations, sanctions CBSG in that amount, and orders CBSG to pay $101,687 to South Coast on or before March 19, 2020.
SOUTH COAST TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
9:00 AM
8:19-14865
Ice Energy Holdings, Inc.
Chapter 7
#11.00
Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Approving Asset Purchase Agreement And Authorizing Sale Of Debtor's Assets Free And Clear Of Liens, Claims And Interests Pursuant To 11 U.S.C. Section 363(b) And (f);
(2) Approving Compromise Of Secured Creditor's Claim Pursuant To Federal Rules Of Bankruptcy Procedure 9019; (3) Rejecting Or Assuming And Assigning Certain Executory Contracts And Unexpired Leases; (4) Approving Buyer, Successful Bidder And Any Back-Up Bidders, As Good Faith Purchasers Pursuant To 11 U.S.C. Section 363(m); (5) Authorizing Payment Of Undisputed Liens And Other Ordinary Costs Of Sale, Except As To Purported Junior Secured Creditors
(Motion filed 1/24/20)
Docket 19
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will inquire if there are overbidders.
Party Information
Debtor(s):
Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden
10:00 AM
8:19-13829
Mary Zanki
Chapter 7
#1.00
Hearing RE: Pro se Reaffirmation Agreement Between Debtor and Nissan-
Infiniti LT
(Motion filed 1/13/20)
[RE: Leased 2019 Infiniti QX60 - Amount: $20,774.00]
[Plus All Amounts Due Under The Lease At The Termination Of The Lease]
Docket 23
Tentative Ruling:
APPEARANCES REQUIRED.
The reaffirmation agreement is approved provided that the vehicle is insured, the monthly payments are current, and the debtor can afford future payments.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Mary Zanki Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
10:00 AM
8:19-14371
Justin A Miranda
Chapter 7
#2.00
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union (aka OCTFCU)
(Motion filed 1/27/20)
[RE: 2015 Volkswagen Golf GTI - Amount: $20,452.15]
Docket 8
Tentative Ruling:
APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Justin A Miranda Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
8:16-15208
Michael Younessi
Chapter 11
#1.00
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; 9-25-19
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court has been informed by mediator Thomas H. Casey that disputes concerning this case and the related pending adversary proceedings have settled. Debtor Younessi’s Post Confirmation Status Report, Docket No. 296, filed February 3, 2020 also reports that the parties have reached a settlement.
Under these circumstances, the Court favors continuing the status conference and all pending motions so as to provide the parties with adequate time to complete the settlement documentation and, if appropriate and required, bring a motion for Court approval of the settlement. Accordingly, the Court continues the hearing on this matter to May 13, 2020 at 9:00 a.m. If any party in interest believes that the Court should hold a hearing on this matter at an earlier date, such party may file a motion at any time requesting the same.
Party Information
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
2:00 PM
CONT...
Michael Younessi
Chapter 11
2:00 PM
8:16-15208
Michael Younessi
Chapter 11
#2.00
CONT'D STATUS CONFERENCE 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; 9-25-19; 9-25-19
Docket 226
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court has been informed by mediator Thomas H. Casey that disputes concerning this case and the related pending adversary proceedings have settled. Debtor Younessi’s Post Confirmation Status Report, Docket No. 296, filed February 3, 2020 also reports that the parties have reached a settlement.
Under these circumstances, the Court favors continuing the status conference and all pending motions so as to provide the parties with adequate time to complete the settlement documentation and, if appropriate and required, bring a motion for Court approval of the settlement. Accordingly, the Court continues the hearing on this matter to May 13, 2020 at 9:00 a.m. If any party in interest believes that the Court should hold a hearing on this matter at an earlier date, such party may file a motion at any time requesting the same.
Party Information
Debtor(s):
Michael Younessi Represented By Michael Jones
2:00 PM
CONT...
Michael Younessi
Sara Tidd
Chapter 11
2:00 PM
8:16-15208
Michael Younessi
Chapter 11
Adv#: 8:17-01051 Diamond Enterprises, LTD., LP v. Younessi
#3.00
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; 9-25-19
Docket 78
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court has been informed by mediator Thomas H. Casey that disputes concerning this case and the related pending adversary proceedings have settled. Debtor Younessi’s Post Confirmation Status Report, Docket No. 296, filed February 3, 2020 also reports that the parties have reached a settlement.
Under these circumstances, the Court favors continuing the status conference and all pending motions so as to provide the parties with adequate time to complete the settlement documentation and, if appropriate and required, bring a motion for Court approval of the settlement. Accordingly, the Court continues the hearing on this matter to May 13, 2020 at 9:00 a.m. If any party in interest believes that the Court should hold a hearing on this matter at an earlier date, such party may file a motion at any time requesting the same.
Party Information
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
2:00 PM
CONT...
Michael Younessi
Chapter 11
Defendant(s):
Michael Younessi Represented By
Roger Frederickson
Plaintiff(s):
Diamond Enterprises, LTD., LP Represented By
M Douglas Flahaut
2:00 PM
8:16-15208
Michael Younessi
Chapter 11
Adv#: 8:17-01051 Diamond Enterprises, LTD., LP v. Younessi
#4.00
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; 9-25-19
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court has been informed by mediator Thomas H. Casey that disputes concerning this case and the related pending adversary proceedings have settled. Debtor Younessi’s Post Confirmation Status Report, Docket No. 296, filed February 3, 2020 also reports that the parties have reached a settlement.
Under these circumstances, the Court favors continuing the status conference and all pending motions so as to provide the parties with adequate time to complete the settlement documentation and, if appropriate and required, bring a motion for Court approval of the settlement. Accordingly, the Court continues the hearing on this matter to May 13, 2020 at 9:00 a.m. If any party in interest believes that the Court should hold a hearing on this matter at an earlier date, such party may file a motion at any time requesting the same.
Party Information
2:00 PM
CONT...
Debtor(s):
Michael Younessi
Chapter 11
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
8:16-15208
Michael Younessi
Chapter 11
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
#5.00
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; 9-25-19
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court has been informed by mediator Thomas H. Casey that disputes concerning this case and the related pending adversary proceedings have settled. Debtor Younessi’s Post Confirmation Status Report, Docket No. 296, filed February 3, 2020 also reports that the parties have reached a settlement.
Under these circumstances, the Court favors continuing the status conference and all pending motions so as to provide the parties with adequate time to complete the settlement documentation and, if appropriate and required, bring a motion for Court approval of the settlement. Accordingly, the Court continues the hearing on this matter to May 13, 2020 at 9:00 a.m. If any party in interest believes that the Court should hold a hearing on this matter at an earlier date, such party may file a motion at any time requesting the same.
Party Information
2:00 PM
CONT...
Debtor(s):
Michael Younessi
Chapter 11
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
2:00 PM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
#6.00
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; 11-13-19
Docket 168
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the Hearing to May 6, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
2:00 PM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
#7.00
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;
11-13-19
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the Status Conference to May 6, 2020 at 9:00 a.m. with an updated status report due April 22, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
2:00 PM
8:19-11375
SoCal REO Acquisitions Group LLC
Chapter 11
#8.00
CONT'D Hearing RE: Debtor's Second Amended Disclosure Statement Describing Debtor's Second Amended Plan Of Reorganization
(D.S. filed 11/7/19)
(Amended D.S. filed 12/11/19) FR: 11-13-19; 1-29-20
Docket 111
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will inquire of the UST whether the Second Amended Disclosure Statement adequately addresses the UST's concerns about the sale of the Coronado Property and the adequacy of effective date cash balances to make all payments required to be paid on the Plan's effective date.
Party Information
Debtor(s):
SoCal REO Acquisitions Group LLC Represented By
Nima S Vokshori Henry D Paloci
9:00 AM
6:16-13150
Paul Gregory Katona
Chapter 7
Adv#: 6:17-01216 Napoli v. Katona et al
#1.00
Pre-Trial Conference RE: Complaint by Royce Napoli against Paul Gregory Katona, Gail Marie Katona. (d),(e))),(72 (Injunctive relief - other))
(Cont. from 10/10/19)
Docket 1
*** VACATED *** REASON: Cont. to 5/7/20 @ 9:00 a.m. - jc Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Paul Gregory Katona Represented By Douglas A Plazak
Defendant(s):
Paul Gregory Katona Represented By Douglas A Plazak
Gail Marie Katona Represented By Douglas A Plazak
Joint Debtor(s):
Gail Marie Katona Represented By Douglas A Plazak
Plaintiff(s):
Royce Napoli Represented By Noah K McCall
Trustee(s):
John P Pringle (TR) Represented By Lynda T Bui
9:00 AM
CONT...
Paul Gregory Katona
Rika Kido Brianna L Frazier
Chapter 7
9:00 AM
6:17-20442
Timothy David Murphy
Chapter 7
Adv#: 6:18-01218 Wells Fargo Bank, N.A. v. Murphy et al
#2.00
PRE-TRIAL CONFERENCE re: Complaint in Interpleader (Con't from 2/13/20)
Docket 1
*** VACATED *** REASON: Order on Motion for Summary Judgment entered on 12/12/19 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
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
9:00 AM
CONT...
Trustee(s):
Timothy David Murphy
Chapter 7
Lynda T. Bui (TR) Represented By
Michelle A Marchisotto
9:00 AM
6:17-20521
Val James Simon
Chapter 7
Adv#: 6:19-01170 Whitmore v. Taylor
#3.00
Hrg. on Plaintiff's Motion for Default Judgment against Jamie Taylor
Docket 10
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will grant the Motion and enter default judgment.
MOVANT TO LODGE (1) ORDER GRANTING MOTION, AND (2) FORM OF DEFAULT JUDGMENT (EACH APPROVED AS TO FORM BY DEFENDANT'S COUNSEL) VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Val James Simon Represented By Todd L Turoci
Defendant(s):
Jamie Taylor Pro Se
Joint Debtor(s):
Katherine Lois Simon Represented By Todd L Turoci
Plaintiff(s):
Robert Whitmore Represented By Donald W Reid
9:00 AM
CONT...
Trustee(s):
Val James Simon
Chapter 7
Robert Whitmore (TR) Represented By Donald W Reid
9:00 AM
6:19-10781
Yongming Sui
Chapter 11
Adv#: 6:19-01062 Yang et al v. Sui
#4.00
PRE-TRIAL 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
Tentative Ruling:
APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
Yongming Sui Represented By Javier H Castillo
Defendant(s):
Yongming Sui Pro Se
Plaintiff(s):
Pao Sheng Yang Represented By Brendan Loper
GRG Manufacturing Represented By Brendan Loper
9:00 AM
6:19-15266
Michael A. Madrid
Chapter 11
#5.00
Hrg. on Chapter 11 Status Conference (Cont. from 11/14/19)
Docket 0
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will inquire into Debtor's compliance with U.S. Trustee's guidelines and requirements. The Court will extend deadlines as follows:
Deadline for filing a plan and disclosure statement is extended from February 29, 2020 to May 31, 2020.
The deadline for confirming a plan is extended from April 30 ,2020 to July 31, 2020. This will be the last extension.
The next status conference is set for June 4, 2020 at 9:00 a.m with an updated status report due May 20, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Michael A. Madrid Represented By
Benjamin A Yrungaray
9:00 AM
6:19-17552
RVT Inc
Chapter 11
#6.00
Hrg. on Chapter 11 Status Conference (Cont. from 11/7/19)
Docket 0
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will inquire into Debtor's compliance with United States Trustee guidelines and requirements.
The next status conference is scheduled for July 2, 2020 at 9:00 a.m with an updated status report due June 18, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
RVT Inc Represented By
Julie J Villalobos
9:00 AM
6:16-19764
Wayne Earl Parker and Kristine Marie Parker
Chapter 7
#7.00
Hrg. on Order to Show Cause why Mr. McCandless should not be held in contempt for failure to comply with the Court's order filed an entered 7/5/19 Order [docket No. 51] requiring him to make the reimbursement payment (as definded in the Order) and file the compliance declaration (as defined in the Order) with the time parameters set forth in the Order.
Docket 0
Tentative Ruling:
APPEARANCES REQUIRED.
Mr. Timothy McCandless is requested to personally appear at this hearing as per the Court's Order filed and entered January 13, 2020 [Docket No. 56].
Grant OSC and order Mr. McCandless to pay a total of $1,250.00 in satisfaction of all sanctions on or before February 28, 2020, and file a declaration to that effect on or before February 28, 2020.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Wayne Earl Parker Represented By
Timothy L McCandless
Joint Debtor(s):
Kristine Marie Parker Represented By
Timothy L McCandless
9:00 AM
CONT...
Trustee(s):
Wayne Earl Parker and Kristine Marie Parker
Chapter 7
Karl T Anderson (TR) Pro Se
9:00 AM
8:19-11454
Laura Jean Holloway
Chapter 13
#1.00
Motion for relief from stay [Personal Property]
Bridgecrest Credit Company, LLC vs. DEBTOR (Motion filed 1/30/20)
[RE: 2014 BMW 3 Series - VIN No.: WBA3A5G55ENP27294]
Docket 31
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION FOR RELIEF FROM THE AUTOMATIC STAY ENTERED 2-21- 2020 - SETTLED BY STIPULATION - (DOCKET NO. [42])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Laura Jean Holloway Represented By Anthony B Vigil
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-14566
Maria Felix
Chapter 11
#2.00
Motion for relief from stay [Real Property]
U.S. Bank National Association, As Trustee, On Behalf Of The Holders Of The Adjustable Rate Mortgage Trust 2007-1, Adjustable Rate Mortgage-Backed Pass-Through Certificates, Series 2007-1, Its Assignees And/Or Successors vs. DEBTOR
(Motion filed 1/30/20)
[RE: 7712 Jackson Way, A,B,C,D, Buena Park, CA 90620]
Docket 31
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will continue the hearing to March 16, 2020 at 9:00 a.m. to give the parties an opportunity to work out an adequate protection agreement.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Maria Felix Represented By
Michael Jones
9:00 AM
8:19-14709
Ramon R Gregorio
Chapter 7
#3.00
Motion for relief from stay [Personal Property]
American Honda Finance Corporation vs. DEBTOR; And Weneta M. Kosmala,
Chapter 7 Trustee (Motion filed 1/30/20)
[RE: 2015 Honda Civic - VIN: No.: 2HGF B2F5 3FH5 47868]
Docket 8
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Ramon R Gregorio Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
8:20-10142
Philip Strom
Chapter 7
#4.00
Motion for relief from stay [Personal Property]
Daimler Trust vs. DEBTOR (Motion filed 1/31/20)
[RE: 2019 Mercedes-Benz C300W - VIN No.: 55SWF8DB7KU320809]
Docket 10
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Philip Strom Represented By
Christopher J Langley
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
8:16-10045
C & W Murphy and Associates, Inc.
Chapter 7
#1.00
Hearing RE: Motion Fpr Approval Of Settlement Agreement (Motion filed 1/29/20)
Docket 298
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will grant the Motion and approve the Settlement Agreement. CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#2.00
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; 12-4-19; 1-23-20
Docket 257
Tentative Ruling:
APPEARANCES REQUIRED.
The Court is inclined to defer hearing the motion for approval of the disclosure statement until after a motion to approve the settlement is heard and determined.
The Court will inquire when such a motion is likely to be filed and what the projected hearing date is.
Party Information
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
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#3.00
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; 12-4-19; 1-23-20
Docket 1
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will inquire into Debtor's compliance with U.S. Trustee guidelines and requirements.
Next status conference: TBD. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Allan Eli Gindi Represented By Michael R Totaro
Joint Debtor(s):
Carol June Gindi Represented By Michael R Totaro
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#4.00
CONT'D Hearing RE: Trustee's Amended Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 12/12/19) (Amended Final Report filed 12/20/19)
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $21,096.11; Expenses: $0.00]
[RE: WEILAND GOLDEN GOODRICH, LLP - Attorney For Chapter 7 Trustee]
[Fees: $0.00; Expenses: $0.00]
[RE: SHULMAN BASTIAN, LLP - Special Counsel For Chapter 7 Trustee] [Fees: $0.00; Expenses: $0.00]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $0.00; Expenses: $0.00]
Prior Chapter Fees And Administrative Expenses: [RE: THE DILLINGER LAW FIRM PC]
[Prior Chapter Administrative Expenses - Claim No. 19 - $52,576.61]
[RE: SHULMAN HODGES & BASTIAN LLP - Attorney For Debtor-In- Possession]
[Fees: $0.00; Expenses: $0.00]
FR: 1-27-20
Docket 299
Tentative Ruling:
2:00 PM
CONT...
JoJo's Pizza Kitchen Inc
Chapter 7
APPEARANCES REQUIRED.
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
$21,096.11 and expenses in the amount of $0.
The compensation is approved as to IMS, with fees in the amount of $12,433.04 and expenses in the amount of $0.
The compensation is approved as to United States Trustee, with fees in the amount of
$659.08.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen
2:00 PM
CONT...
JoJo's Pizza Kitchen Inc
Melissa Davis Lowe
Chapter 7
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#5.00
CONT'D Hearing RE: Trustee's Amended Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 12/12/19) (Amended Final Report filed 12/20/19)
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $20,847.49; Expenses: $10.00]
[RE: WEILAND GOLDEN GOODRICH, LLP - Attorney For Chapter 7 Trustee]
[Fees: $78,860.00; Expenses: $1,901.26]
[RE: SHULMAN BASTIAN, LLP - Special Counsel For Chapter 7 Trustee] [Fees: $60,339.24; Expenses: $1,408.67]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $30,198.00; Expenses: $1,266.50]
Prior Chapter Fees And Administrative Expenses: [RE: THE DILLINGER LAW FIRM PC]
[Prior Chapter Administrative Expenses - Claim No. 23 - $26,288.38]
[RE: SHULMAN HODGES & BASTIAN LLP - Attorney For Debtor-In- Possession]
[Fees: $177,973.00; Expenses: $10,020.18]
FR: 1-27-20
Docket 301
Tentative Ruling:
2:00 PM
CONT...
JoJo's Pizza Kitchen Inc
Chapter 7
APPEARANCES REQUIRED.
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
$20,847.49 and expenses in the amount of $10.00.
The compensation is approved as to Weiland Golden Goodrich LLP, with fees in the amount of $78,860.00 and expenses in the amount of $1,901.26.
The compensation is approved as to Shulman Bastian LLP, with fees in the amount of
$180,257.00 and expenses in the amount of $9,248.24.
The compensation is approved as to Hahn Fife & Company LLP, with fees in the amount of $30,198.00 and expenses in the amount of $1,266.50.
The compensation is approved as to United States Trustee, with fees in the amount of
$1,632.08.
The compensation is approved as to FTB, with fees in the amount of $3,690.56. Proposed payments are all approved.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
JoJo's Pizza Kitchen Inc
Chapter 7
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen Melissa Davis Lowe
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#6.00
CONT'D Hearing RE: First And Final Application For Approval Of Chapter 11 Fees And Reimbursement Of Expenses For The Period From January 7, 2013 Through September 24, 2014
(Motion filed 1/7/29)
[RE: SHULMAN BASTIAN LLP - Counsel For The Chapter 11 Debtors] [Fees: $180,257.00; Expenses: $9,248.24]
FR: 1-27-20
Docket 306
Tentative Ruling:
SEE TENTATIVE RULING FOR MATTER #5.
Party Information
Debtor(s):
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen Melissa Davis Lowe
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#7.00
CONT'D Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 12/12/19)
[Previously Withdrawn on 12-19-19 - [Docket No. [297]
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $21,096.11; Expenses: $0.00]
[RE: IMS - Field Representative/Adjuster For Chapter 7 Trustee] [Fees: $12,433.04; Expenses: $0.00]
[RE: WEILAND GOLDEN GOODRICH, LLP - Attorney For Chapter 7 Trustee]
[Fees: $0.00; Expenses: $0.00]
[RE: SHULMAN BASTIAN, LLP - Special Counsel For Chapter 7 Trustee] [Fees: $0.00; Expenses: $0.00]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $0.00; Expenses: $0.00]
FR: 1-27-20
Docket 294
*** VACATED *** REASON: OFF CALENDAR - WITHDRAWAL OF TRUSTEE'S FINAL REPORT FILED 12-29-2019 - (DOCKET NO. [297])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
CONT...
Trustee(s):
JoJo's Pizza Kitchen Inc
Chapter 7
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen Melissa Davis Lowe
2:00 PM
8:11-21301
Joseph Group, Inc
Chapter 7
#8.00
CONT'D Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 12/12/19)
[Previously Withdrawn on 12-19-19 - [Docket No. [48]
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $20,847.49; Expenses: $10.00]
[RE: WEILAND GOLDEN GOODRICH, LLP - Attorney For Chapter 7 Trustee]
[Fees: $78,860.00; Expenses: $1,901.26]
[RE: SHULMAN BASTIAN, LLP - Special Counsel For Chapter 7 Trustee] [Fees: $60,339.24; Expenses: $1,408.67]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $30,198.00; Expenses: $1,266.50]
Prior Chapter Fees And Administrative Expenses: [RE: THE DILLINGER LAW FIRM PC]
[Prior Chapter Administrative Expenses - Claim No. 23 - $26,288.38]
[RE: SHULMAN HODGES & BASTIAN LLP - Attorney For Debtor-In- Possession]
[Fees: $177,973.00; Expenses: $10,020.18]
FR: 1-27-20
Docket 45
*** VACATED *** REASON: OFF CALENDAR - WITHDRAWAL OF TRUSTEE'S FINAL REPORT FILED 12-19-19 - (DOCKET NO. [48])
Tentative Ruling:
- NONE LISTED -
2:00 PM
CONT...
Debtor(s):
Joseph Group, Inc
Party Information
Chapter 7
Joseph Group, Inc Represented By Melissa Davis Lowe Leonard M Shulman
Trustee(s):
Jeffrey I Golden (TR) Represented By Melissa Davis Lowe
2:00 PM
8:19-11987
Enalasys Corporation
Chapter 11
#9.00
CONT'D Hearing RE: Motion To Authorize "Super Priority" Debtor-In- Possession Credit Pursuant To 11 U.S.C. Section 364(c)
(Motion filed 1/9/20) FR: 2-10-20
Docket 69
Tentative Ruling:
APPEARANCES REQUIRED.
The Court intends to grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Enalasys Corporation Represented By Michael Jones Sara Tidd
9:00 AM
6:19-16573
Vincent Machado
Chapter 7
#1.00 Reid & Manee LLP - movant attorney Motion for Relief from Stay
Frances Machado vs. DEBTOR (Motion filed 9/24/19)
(Cont. from 10/15/19)
Re: ACTION IN NON-BANKRUPTCY FORUM RE: marital dissolution claims (Cont. from 11/12/19)
Docket 12
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will deny the Motion without prejudice for failure to make a sufficient showing that the family law court divided the community property pre-petition.
No renewed motion may be filed until August 31, 2020. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Vincent Machado Represented By
C Scott Rudibaugh
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
6:19-20837
John Flores and Melissa Hurst
Chapter 7
#2.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA, Inc. vs. DEBTORS; KARL ANDERSON, TRUSTEE (Motion filed 1/27/2020)
RE: 2017 Nissan Sentra, VIN: 3N1AB7AP0HY233626
Docket 13
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
John Flores Represented By
Andrew Nguyen
9:00 AM
CONT...
John Flores and Melissa Hurst
Chapter 7
Joint Debtor(s):
Melissa Hurst Represented By Andrew Nguyen
Movant(s):
Santander Consumer USA Inc. Represented By Sheryl K Ith
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
6:18-11512
Linda Susan Mazzola
Chapter 7
#1.00
Hrg. on approval of trustee's final report and applications for compensation
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of $2,550.00 and expenses in the amount of $144.85.
The compensation is approved as to Donald Fife, with fees in the amount of $1,000.00 and expenses in the amount of $0.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Linda Susan Mazzola Represented By
2:00 PM
CONT...
Trustee(s):
Linda Susan Mazzola
Anthony B Vigil
Chapter 7
Robert Whitmore (TR) Pro Se
2:00 PM
6:18-18731
Scott Shih Lee
Chapter 7
#2.00
Hrg. on Chapter 7 Trustee's Motion filed 1/29/20 to Assume LLC Operating Agreement with 3XM, LLC pursuant to 11 USC Section 365
Docket 160
*** VACATED *** REASON: Motion Withdrawn on 1/31/20 - jc Tentative Ruling:
- NONE LISTED -
Party Information
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
2:00 PM
6:18-18731
Scott Shih Lee
Chapter 7
#3.00
Hrg. on chapter 7 trustee's Motion filed 2/4/20 for order authorizing sale of real property located at 28522 Avenida Placida, San Juan Capistrano, California; (a) Outside the ordinary course of business; (b) Free and clear of liens, claims, and interests; (c) Subject to overbids; and (d) For determination of good faith purchaser under §363(m)
Docket 168
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will continue the sale hearing to April 14, 2020 at 2:00 p.m. to give the Trustee an opportunity to identify the Federal and California tax consequences of the sale.
COURT TO PREPARE ORDER.
Party Information
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
2:00 PM
6:18-18731
Scott Shih Lee
Chapter 7
#4.00
Hrg. on chapter 7 trustee's Motion filed 1/31/20 to Assume LLC Operating Agreement with 3XM, LLC pursuant to 11 U.S.C. §365
Docket 165
Tentative Ruling:
APPEARANCES REQUIRED.
The Court intends to grant the motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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
2:00 PM
6:19-20231
Desert Springs Financial LLC
Chapter 7
#5.00
Hrg. on chapter 7 trustee's Motion filed 1/17/20 for Order: Authorizing Sale of Real Property Consisting of Approximately 7.06 Acres of Vacant Land Located in Cathedral City, California (a) Outside the Ordinary Course of Business; (b) Free and Clear of Liens, Claims, and Encumbrances; (c) Subject to Overbid; and (d) for Determination of Good Faith Purchaser Under 11 U.S.C. §363(M)
(Cont. from 2/11/20)
Docket 26
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will inquire of the Chapter 7 Trustee if the sale of the Property is going forward.
Party Information
Debtor(s):
Desert Springs Financial LLC Represented By Kathleen P March
Trustee(s):
Robert Whitmore (TR) Represented By Richard A Marshack Chad V Haes
2:00 PM
6:19-20231
Desert Springs Financial LLC
Chapter 7
#6.00
Hrg. on Motion of Debtor Desert Springs Financial, LLC, and of DSF's 100% Equity holder--Shin--Moving for Order Dismissing DSF's Chapter 7 Bankruptcy, as Unnecessary, and Because Dismissal is More Favorable for Creditors than Proceeding with Chapter 7
(Cont. from 2/11/20)
Docket 21
Tentative Ruling:
APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
Desert Springs Financial LLC Represented By Kathleen P March
Trustee(s):
Robert Whitmore (TR) Represented By Richard A Marshack Chad V Haes
9:00 AM
8:19-13374
Martha S Adair
Chapter 11
#1.00
CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 8/29/19)
FR: 1-22-20
Docket 40
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will inquire into compliance with United States Trustee guidelines and requirements.
The Court will set the bar date at May 4, 2020. The notice of the bar date shall be filed and served on or before March 3, 2020.
The Court will set a deadline of August 31, 2020 for filing a plan and disclosure statement, and a deadline of November 30, 2020 for confirming a plan.
Next status conference: June 3, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Martha S Adair Represented By Jeffrey I Golden Reem J Bello
9:00 AM
8:19-10616
Robert Michael Elliott
Chapter 7
Adv#: 8:19-01079 Cochrane v. Elliot
#2.00
CONT'D STATUS CONFERENCE Hearing RE: Second 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 - Dismissed With Leave To Amend - Order Entered 12-6-19 - docket no. [34])
(Second Amended Complaint filed 12/26/19)
FR: 8-7-19; 10-30-19
Docket 38
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will order this Adversary Proceeding into mediation. The Parties shall file a mediation stipulation and lodge an order therein on or before April 15, 2020.
Next status conference: July 9, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Robert Michael Elliott Represented By Renee Nasiri
Defendant(s):
Robert Michael Elliot Pro Se
9:00 AM
CONT...
Robert Michael Elliott
Chapter 7
Plaintiff(s):
Kevin Cochrane Represented By Jason P. Saccuzzo John W Cutchin
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
8:15-15311
Freedom Communications, Inc.
Chapter 11
Adv#: 8:17-01176 Official Committee Of Unsecured Creditors v. Southern Lithoplate, Inc.
#3.00
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; 9-18-19
Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION OF DISMISSAL WITH PREJUDICE ENTERED 9-20-19 - (DOCKET NO. [35])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Freedom Communications, Inc. Represented By William N Lobel Beth Gaschen Alan J Friedman
Christopher J Green Caroline Djang Scott D Fink
Reed M Mercado
Defendant(s):
Southern Lithoplate, Inc. Pro Se
9:00 AM
CONT...
Freedom Communications, Inc.
Chapter 11
Plaintiff(s):
Official Committee Of Unsecured Represented By
Andrew W Caine
9:00 AM
8:19-10212
Hill Concrete Structures
Chapter 11
#4.00
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; 12-4-19, advanced from 2-26-2020 at 2:00 p.m.
Docket 81
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will give the Debtor one last opportunity to collect the retention funds and will continue the hearing on the UST's motion to dismiss or convert to June 29, 2020 at 2:00 p.m.
If the February monthly operating report or any subsequent monthly operating report is filed late, the Court will promptly convert this case to chapter 7.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
9:00 AM
8:19-10212
Hill Concrete Structures
Chapter 11
#5.00
CONT'D 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; 12-4-19; advanced from 2-26-2020 at 2:00 p.m.
Docket 117
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will continue the disclosure statement hearing to June 29, 2020 at 2:00 p.m. The deadline for filing an amended plan and disclosure statement is May 31, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
9:00 AM
8:19-10212
Hill Concrete Structures
Chapter 11
#6.00
Hearing RE: Motion To Extend Deadline To File Chapter 11 Plan And Disclosure Statement
(OST Entered 2-19-2020)
Docket 142
Tentative Ruling:
APPEARANCES REQUIRED.
The Court intends to grant the motion. This will be the last such extension granted absent extraordinary circumstances.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
2:00 PM
8:19-13553
Narciso Lim
Chapter 13
#1.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 11-6-19
Docket 22
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Narciso Lim Represented By
Kevin Tang
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-13635
David E. Marcos
Chapter 13
#2.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan
FR: renoticed from 12/11/19]; renoticed from 12/16/19 at 2:00; 12-16-19
Docket 14
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
David E. Marcos Represented By
James D. Hornbuckle
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14191
Siupaeta Moa
Chapter 13
#3.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 1-22-20
Docket 10
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Siupaeta Moa Represented By Joshua L Sternberg
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14491
Emma E. Falconer
Chapter 13
#4.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 17
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Emma E. Falconer Represented By Christine A Kingston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14514
Russell M Higuchi
Chapter 13
#5.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 13
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Russell M Higuchi Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14740
Ranilo Alberto Blasco
Chapter 13
#6.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 16
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Ranilo Alberto Blasco Represented By Erika Luna
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14746
Lorraine J. Ortiz
Chapter 13
#7.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 11
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Lorraine J. Ortiz Represented By Bert Briones
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14766
Daniel Steven Tetter
Chapter 13
#8.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 20
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Daniel Steven Tetter Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14772
Lilia Margarita Lopez de Aguilera
Chapter 13
#9.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 17
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Lilia Margarita Lopez de Aguilera Represented By
Anthony P Cara
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14842
James Smeal and Anna M Smeal
Chapter 13
#10.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
James Smeal Represented By
Andy C Warshaw
Joint Debtor(s):
Anna M Smeal Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14910
Armando Paniagua
Chapter 13
#11.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Armando Paniagua Represented By Kevin Tang
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-13866
Garen George Ekmekjian
Chapter 13
#12.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: renoticed from 12-13-19; 12-16-19
Docket 13
*** VACATED *** REASON: OFF CALENDAR - CASE CONVERTED TO CHAPTER 7 PER DEBTOR'S NOTICE OF CONVERSION FILED 12- 31-19 (DOCKET NO. [24])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Garen George Ekmekjian Represented By Aris Artounians
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-13965
Luis E Sanchez
Chapter 13
#13.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 12-16-19
Docket 29
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL ARISING FROM CHAPTER 13 CONFIRMATION HEARING ENTERED 1-28-2020 - (DOCKET NO. [34])
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Luis E Sanchez Represented By David R Chase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14540
Bianca Alexa Ortiz
Chapter 13
#14.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 18
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO COMPLY WITH INSTALLMENT SCHEDULE ENTERED 1-13-2020 - (DOCKET NO. [26])
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Bianca Alexa Ortiz Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14643
Marsha Loraine Lewis
Chapter 13
#15.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED 12-16-19 - (DOCKET NO. [8])
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Marsha Loraine Lewis Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14657
Michael Buesching
Chapter 13
#16.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED 12-16-19 - (DOCKET NO. [10])
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Michael Buesching Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14699
Serap Atli
Chapter 13
#17.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL ARISING FROM DEBTOR'S REQUEST FOR VOLUNTARY DISMISSAL ENTERED 1-28-2020 - (DOCKET NO. [22])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Serap Atli Represented By
Timothy L McCandless
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14825
Jeffrey Michael Giannelli
Chapter 13
#18.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED 1-21-2020 - (DOCKET NO. [13])
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Jeffrey Michael Giannelli Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14839
Gary Scott and Denise Johnson-Scott
Chapter 13
#19.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED 1-3-2020 - (DOCKET NO. [9])
Tentative Ruling:
Hearing RE: Confirmation Of Chapter 13 Plan
Party Information
Debtor(s):
Gary Scott Pro Se
Joint Debtor(s):
Denise Johnson-Scott Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14859
Yasmil Contreras
Chapter 13
#20.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED 1-6-2020 - (DOCKET NO. [9])
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Yasmil Contreras Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-10212
Hill Concrete Structures
Chapter 11
#21.00
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; 12-4-19
Docket 81
*** VACATED *** REASON: ADVANCED TO FEBRUARY 26, 2020 AT 9:00 A.M. PER ORDER ADVANCING HEARING ON MOTION ENTERED
2-5-2020 - (DOCKET NO. [133])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
2:00 PM
8:19-10212
Hill Concrete Structures
Chapter 11
#22.00
CONT'D 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; 12-4-19
Docket 117
*** VACATED *** REASON: ADVANCED TO FEBRUARY 26, 2020 AT 9:00 A.M. PER ORDER ADVANCING HEARING ON MOTION ENTERED
2-5-2020 - (DOCKET NO. [134])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
3:00 PM
8:19-13436
Scott William Gardner
Chapter 13
#1.00
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 1/6/20)
(Set per Notice of Hearing and Opposition filed 1/20/20)
Docket 30
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF TRUSTEE'S MOTION FILED 2-19-2020 - (DOCKET NO. [35])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Scott William Gardner Represented By Richard G Heston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:14-14604
Felix Martinez
Chapter 13
#2.00
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; 8-21-19; 2-10-20
Docket 79
*** VACATED *** REASON: NOTICE OF VOLUNTARY DISMISSAL OF MOTION FILED 9-19-19 - (DOCKET NO. [110])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Felix Martinez Represented By Joseph A Weber Fritz J Firman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-14540
Bianca Alexa Ortiz
Chapter 13
#3.00
Hearing RE: Order To Show Cause RE: Dismissal For Failure To Comply With Rule 1006(b)
[RE: $90.00 Second Installment Fee Was Due On 1/3/2020]
Docket 23
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO COMPLY WITH INSTALLMENT SCHEDULE ENTERED 1-13-20 - (DOCKET NO. [26])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Bianca Alexa Ortiz Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
6:14-18824
Maria Elena Rodriguez
Chapter 7
Adv#: 6:19-01047 Ford Walker Haggerty & Behar, LLP et al v. Simons
#1.00
Hrg. on Defendant's Motion filed 2/6/20 to Reopen Discovery, to Require Compliance with Rule 26 of the Federal Rules of Civil Procedure, and to Continue Pre-Trial Conference
Docket 54
Tentative Ruling:
APPEARANCES REQUIRED.
Chapter 7 trustee Larry D. Simons (the "Trustee") moves to reopen discovery and continue the pretrial conference in this adversary proceeding (the "Motion").
Plaintiff Ford Walker Haggerty & Behar, LLP ("Plaintiff") opposes the Motion.
This adversary proceeding commenced on March 6, 2019, slightly less than one year ago. The record in the case shows that the parties were in no great hurry to rush the case to trial. On May 13, 2019, the parties stipulated to continue the initial status conference. On July 19, 2019, they stipulated to continue discovery and discovery motion cutoff dates. On September 10, 2019, they stipulated to continue dates and deadlines set at a status conference.
Following denial of cross-motions for summary judgment on December 16, 2019, the Trustee filed the Motion on February 6, 2020. The Motion asks the Court to reopen discovery for a period of 60 to 90 days, require the parties to comply with the mandatory disclosure provisions of Federal Rule of Civil Procedure 26 and continue the pretrial conference (it is currently set for hearing on March 19, 2020). Part of the ground for the Motion is that in denying the cross-motions for summary judgment, the Court raised issues of fact (viewed as critically important by the Court) on which neither the Plaintiff nor the Trustee had presented evidence. The
9:00 AM
CONT...
Maria Elena Rodriguez
Chapter 7
Trustee would like discovery reopened so that the Trustee will have an opportunity to assemble evidence on factual matters viewed by the Court as important.
Plaintiff argues the Motion should be denied under Federal Rule of Civil Procedure 16(b)(4) because the Trustee has not shown "good cause" to modify the existing scheduling order (pursuant to which discovery closed on December 31, 2019).
Plaintiff contends that (1) a trial is imminent, (2) the Plaintiff will be prejudiced if discovery is reopened because this will force Plaintiff to incur additional costs and delay trial, (3) the Trustee has not been diligent in exercising his rights to take discovery, (4) the Trustee’s need to take the discovery the Trustee seeks in the Motion was foreseeable, and (5) although discovery may lead to relevant evidence, this is outweighed in importance by factors (1) – (4) above.
The following factors are relevant in determining whether "cause" exists under Rule 16(b)(4) to modify a scheduling order: (1) whether trial is imminent; (2) whether the request for a scheduling order modification is opposed; (3) whether the non-moving party would be prejudiced; (4) whether the moving party was diligent in obtaining discovery within the guidelines established by the court; (5) the foreseeability of the need for additional discovery in light of the time allowed for discovery; and (6) the likelihood that the discovery sought will lead to relevant evidence. City of Pomona v. SQM N. Am. Corp., 866 F.3d 1512, 1526 (9th Cir. 1995).
The Court’s practice generally is to set trial for approximately two months after the pretrial conference is held. With the pretrial conference in this adversary proceeding set for March 19, 2020, the Court most likely would have set the trial for the deep set trial week of May 26, 2020. The Motion was filed February 6, 2020.
The Court does not find that a trial was "imminent" as of the date the Motion was filed or as of the date the Motion is heard. This factor is in the Trustee’s favor.
9:00 AM
CONT...
Maria Elena Rodriguez
Chapter 7
The Motion is opposed. This factor is in Plaintiff’s favor.
The discovery sought by the Trustee is limited in nature, focused as it is on factual issues highlighted by the Court in its memorandum decision denying the cross- motions for summary judgment. Although Plaintiff will incur additional costs in complying with targeted discovery requests, the Court does not regard such costs as rising to the level where it can fairly be said that Plaintiff is prejudiced. Nor will any accompanying delay be so lengthy as to be prejudicial. This factor is in the Trustee’s favor.
The Trustee’s need for additional discovery was prompted by the Court’s mid- December 2019 order denying the cross-motions for summary judgment. The Court does not believe either the Trustee or Plaintiff could reasonably have been expected to identify in advance the unresolved factual issues described by the Court in its December 16, 2019 decision denying the cross motions for summary judgment. By filing a motion to re-open discovery on February 6, 2020 – and taking into account late December and early January holidays – the Court determines that the Trustee has been diligent in obtaining discovery within the Court’s guidelines. This factor is in the Trustee’s favor.
For the reasons stated in the preceding paragraph, the need for discovery on the issues identified by the Court in its December 16, 2019 memorandum decision and order could not have been foreseen. This factor is in the Trustee’s favor.
The factual issues identified by the Court in the December 16, 2019 memorandum decision and order are not only relevant, they are of critical importance for the determination of this adversary proceeding. It is likely that the reopening of discovery will give the parties an opportunity to develop and later present to the Court this very important evidence. This factor is in the Trustee’s favor.
For the reasons stated above, the Court grants the Motion. Discovery is hereby re- opened effective February 28, 2020 and will close again on June 30, 2020. Discovery
9:00 AM
CONT...
Maria Elena Rodriguez
Chapter 7
motions shall be heard before July 31, 2020. Pretrial motions (other than motions in limine) shall be heard before September 15, 2020. The pretrial conference is re-set for October 21, 2020 at 9:00 a.m.
Without determining whether any party violated Federal Rule of Civil Procedure 26, the Court orders the parties to hold a Rule 26(f) conference on or before March 15, 2020, to make the initial disclosures required by Rule 26(a)(1) on or before March 31, 2020, to make the expert testimony disclosures under Rule 26(a)(2) on or before April 30, 2020 and to otherwise comply with Rule 26 disclosure requirements, including but not limited to Rule 26(e). All other requirements of Rule 26 shall apply except to the extent plainly inconsistent with the foregoing sentence.
Upon a showing of good cause, the Court will extend the deadlines stated above.
Party Information
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):
Timothy McDonald Represented By Howard Steinberg
Ford Walker Haggerty & Behar, LLP Represented By
Howard Steinberg
Trustee(s):
Larry D Simons (TR) Represented By
C John M Melissinos
9:00 AM
CONT...
Maria Elena Rodriguez
Daniel A Lev
Chapter 7
9:00 AM
6:18-20687
Jack E. Commeford
Chapter 7
Adv#: 6:19-01101 Anderson, Chapter 7 Trustee v. Trujillo
#2.00
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))
(Cont. from 10/17/19)
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the Status Conference to May 21, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
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
9:00 AM
CONT...
Trustee(s):
Jack E. Commeford
Chapter 7
Karl T Anderson (TR) Pro Se
9:00 AM
6:19-13021
Jesus J Gonzalez
Chapter 7
Adv#: 6:19-01081 Medrano v. GONZALEZ
#3.00
PRE-TRIAL 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
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will inquire into the status of this case and will require an explanation as to why no preposed pretrial order or proposed pretrial stipulation was filed.
Party Information
Debtor(s):
Jesus J Gonzalez Represented By Lazaro E Fernandez
Defendant(s):
JESUS GONZALEZ Pro Se
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
CONT...
Jesus J Gonzalez
Chapter 7
9:00 AM
6:19-16352
Silver Lakes Resort Lodge Interval Owners Associat
Chapter 11
#4.00
Hrg. on Chapter 11 Status Conference (Cont. from 11/7/19)
Docket 0
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will inquire into Debtor's compliance with U.S. Trustee's guidelines and requirements.
The next status conference is scheduled for July 2, 2020 at 9:00 a.m. with an updated status report due June 18, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Silver Lakes Resort Lodge Interval Represented By
Teresa A. Blasberg
10:00 AM
6:19-19240
Victor Hugo Cruz
Chapter 7
#1.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and Ford Motor Credit Company LLC, in the amount of $17,388.13
Re: 2016 Ford Mustang
Docket 18
Tentative Ruling:
APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Victor Hugo Cruz Represented By George P Hobson Jr
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
6:19-19666
James Edward Tucker and Heather Marie Tucker
Chapter 7
#2.00
Hrg. on Approval of Reaffirmation Agreement filed 1/6/20 Between Debtor and Citizens Bank, in the amount of $3,708.94
Re: 2012 Nissan Altima
Docket 11
Tentative Ruling: APPEARANCES REQUIRED.
The reaffirmation agreement is approved provided that: (1) the monthly payments are current, (2) the vehicle is insured, and (3) the Debtor is comfortable that he can make future payments in a timely fashion.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
James Edward Tucker Represented By Stephen H Darrow
Joint Debtor(s):
Heather Marie Tucker Represented By Stephen H Darrow
Trustee(s):
Howard B Grobstein (TR) Pro Se
10:00 AM
6:19-20205
Jorge Andres Pizarro Nigoevic
Chapter 7
#3.00
Hrg. on Approval of Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc., in the amount of $22,932.84
Re: 2016 Chevrolet Impala
Docket 9
Tentative Ruling:
APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Jorge Andres Pizarro Nigoevic Represented By Marlin Branstetter
Trustee(s):
Robert Whitmore (TR) Pro Se
Thursday, February 27, 2020 Hearing Room 6C
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
#5.00
Hearing RE: Emergency Motion Of The Official Committee Of Unsecured Creditors Confirming Appointment Of Chief Restructuring Officer And Allowing Chief Restructuring Officer To Terminate Management
(Motion filed 2/26/20)
Docket 411
Tentative Ruling:
APPEARANCES REQUIRED.
No Tentative Ruling.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
9:00 AM
8:18-11997
QDOS, Inc
Chapter 11
#1.00
TRIAL RE: Chapter 11 Involuntary Petition (Petition filed 5/31/18)
(Trial set per Scheduling Order Entered 12/4/19) FR: 6-25-18; 8-1-18; 9-19-18; 10-24-18; 7-8-19
Docket 1
Debtor(s):
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING IN PART MOTION FOR RECONSIDERATION OF SCHEDULING ORDER AFTER REMAND ENTERED 1-29-2020 - (DOCKET NO. [136])
Party Information
QDOS, Inc Pro Se
9:00 AM
8:19-10670
Edgar Sebastian Vazquez and Ligia Vazquez
Chapter 13
#1.00
Motion for relief from stay [Real Property]
The Bank of New York Mellon Trust Company, N.A. As Successor-In-Interest To All Permitted Successors And Assigns Of JPMorgan Chase Bank, National Association, As Trustee For Specially Underwriting And Residential Finance Trust Mortgage Loan Asset-Backed Certificates, Series 2005-BC3 vs.
DEBTORS
(Motion filed 2/10/2020)
[RE: 1396 Shannon Lane, Costa Mesa, CA 92626]
Docket 47
Tentative Ruling:
APPEARANCES REQUIRED.
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.
Party Information
Debtor(s):
Edgar Sebastian Vazquez Represented By Christopher J Langley
9:00 AM
CONT...
Edgar Sebastian Vazquez and Ligia Vazquez
Chapter 13
Joint Debtor(s):
Ligia Vazquez Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-14514
Russell M Higuchi
Chapter 13
#2.00
Motion for relief from stay [Real Property]
Pensco Trust Company LLC, Custodian FBO Alan Brooks IRA vs. DEBTOR (Motion filed 2/14/20)
[RE: 19 Tiara, Irvine, California 92614 [First Trust Deed]
Docket 23
*** VACATED *** REASON: CONTINUED TO APRIL 20, 2020 AT 9:00
A.M. PER ORDER GRANTING STIPULATION TO CONTINUE HEARINGS ENTERED 2-24-2020 - (DOCKET NO. [28])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Russell M Higuchi Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-14514
Russell M Higuchi
Chapter 13
#3.00
Motion for relief from stay [Personal Property]
Daroll Laverne Frewing And Dolores Fern Frewing, Trustees Or The Survivor Of Them Of The Frewing Family Trust Dated August 12, 1998; And Equity Trust Company FBO Patrick J Harkin, Solo 401(k), 200344869, Patrick J Harkin Ttee vs. DEBTOR 2/14/20)
[RE: 19 Tiara, Irvine, California 92614 [Second Trust Deed]
Docket 22
*** VACATED *** REASON: CONTINUED TO APRIL 20, 2020 AT 9:00
A.M. PER ORDER GRANTING STIPULATION TO CONTINUE HEARINGS ENTERED 2-24-2020 - (DOCKET NO. [28])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Russell M Higuchi Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-10011
Leslie Emard
Chapter 7
#4.00
Motion for relief from stay [Personal Property]
Santander Consumer USA Inc. dba Chrysler Capital vs. DEBTOR (Motion filed 2/5/2020)
[RE: 2010 Kia Soul - VIN No.: KNDJT2A21A7162252]
Docket 11
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Leslie Emard Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
8:20-10051
Timothy Lee Hirou
Chapter 7
#5.00
Motion for relief from stay [Unlawful Detainer]
Juliette Worthe vs. DEBTOR (Motion filed 2/27/20)
(Set per OST Entered 2-28-20)
[RE: 1431 Sea Ridge Drive, Newport Beach, CA 92660-8206]
Docket 19
Tentative Ruling:
APPEARANCES REQUIRED.
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.
The order is binding and effective despite conversion of this bankruptcy case to a case under any other chapter of Title 11 of the U.S. Code.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Timothy Lee Hirou Pro Se
9:00 AM
CONT...
Trustee(s):
Timothy Lee Hirou
Chapter 7
Richard A Marshack (TR) Pro Se
2:00 PM
8:15-15311
Freedom Communications, Inc.
Chapter 11
#1.00
CONT'D Hearing RE: Official Committee Of Unsecured Creditors' Motion For Order Approving Settlement Between The Committee, Pension Benefit Guaranty Corporation, Traci M. Christian And Etaros Actuarial Services
(Motion filed 1/15/20) FR: 2-10-20
Docket 1610
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will grant the motion and approve the settlement, conditioned on District Court approval. Approval by the District Court is a requirement of this Court which may not be waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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
8:19-14865
Ice Energy Holdings, Inc.
Chapter 7
#2.00
Hearing RE: Chapter 7 Trustee's Motion For Order Extending Time To Assume Or Reject All Executory Contracts And All Personal Property Leases Pursuant To 11 U.S.C. Section 365(d)(1)
(Motion filed 2/14/20)
Docket 54
Tentative Ruling:
APPEARANCES REQUIRED.
The Court intends to grant the motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden
9:00 AM
6:18-13334
Bruce David Cooke, Sr and Yvette Marie Cooke
Chapter 7
#1.00
ZBS Law, LLP - movant attorney Motion for Relief from Stay
CIT Bank, NA vs. DEBTORS
(Motion filed 2/13/20)
RE: Re real property: 995 Mecham Dr, Crest Park, CA 92326
Docket 44
Tentative Ruling:
APPEARANCES REQUIRED.
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.
Party Information
Debtor(s):
Bruce David Cooke Sr Pro Se
Joint Debtor(s):
Yvette Marie Cooke Pro Se
9:00 AM
CONT...
Trustee(s):
Bruce David Cooke, Sr and Yvette Marie Cooke
Chapter 7
Robert Whitmore (TR) Pro Se
9:00 AM
6:19-20156
Phillipa Helen Grant
Chapter 7
#2.00
McCalla Raymer Leibert Pierce LLP - movant attorney Motion for Relief from Stay
Freedom Mortgage Corporation vs. DEBTOR (Motion filed 2/12/20)
Re: 15345 Chive Lane, Fontana CA 92336
Docket 14
Tentative Ruling:
APPEARANCES REQUIRED.
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.
Party Information
Debtor(s):
Phillipa Helen Grant Represented By Neil R Hedtke
9:00 AM
CONT...
Trustee(s):
Phillipa Helen Grant
Chapter 7
Robert Whitmore (TR) Pro Se
9:00 AM
6:19-20759
Cory Lee Mallonee and Autumn Noel Mallonee
Chapter 7
#3.00
Thompson & Colegate LLP - movant attorney Motion for Relief from Stay
Marine Federal Credit Union vs. DEBTORS (Motion filed 2/11/20)
Re: 2018 SUBARU IMPREZA WRX SEDAN 4D LIMITED
Docket 11
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
However, the Court will deny the extraordinary relief requested under numbered paragraphs 7 and 8 of the Motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Cory Lee Mallonee Represented By
9:00 AM
CONT...
Cory Lee Mallonee and Autumn Noel Mallonee
Todd L Turoci
Chapter 7
Joint Debtor(s):
Autumn Noel Mallonee Represented By Todd L Turoci
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
6:19-20798
Robbin A. Coleman
Chapter 7
#4.00
Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 1/31/20)
Re: 2017 TOYOTA CAMRY with Proof of Service
Docket 13
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Robbin A. Coleman Represented By Terrence Fantauzzi
9:00 AM
CONT...
Trustee(s):
Robbin A. Coleman
Chapter 7
Steven M Speier (TR) Pro Se
9:00 AM
6:19-21126
Miguel Angel Guerrero and Sonia Vega Guerrero
Chapter 7
#5.00
Tiffany & Bosco - movant attorney Motion for Relief from Stay
AmeriHome Mortgage Company, LLC vs. DEBTORS (Motion filed 2/11/20)
Re: 22837 Itasca Road, Apple Valley, CA 92308
Docket 13
Tentative Ruling:
APPEARANCES REQUIRED.
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.
In addition, the Court will grant the Movant's request for extraordinary relief to proceed in state court in regards to reformation of the deed of trust.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Miguel Angel Guerrero Represented By Robert W Ripley
9:00 AM
CONT...
Miguel Angel Guerrero and Sonia Vega Guerrero
Chapter 7
Joint Debtor(s):
Sonia Vega Guerrero Represented By Robert W Ripley
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
6:20-10103
William E Calhoun, Jr and Rudy V Calhoun
Chapter 7
#6.00
Law Office of Cheryl A. Skigin - movant attorney Motion for Relief from Stay
BMW Bank of North America vs. DEBTOR (Motion filed 2/6/20)
RE: 2018 BMW X5 sDrive35i Sport Utility 4D
Docket 15
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
William E Calhoun Jr Represented By Jason E Turner
9:00 AM
CONT...
William E Calhoun, Jr and Rudy V Calhoun
Chapter 7
Joint Debtor(s):
Rudy V Calhoun Represented By Jason E Turner
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
6:20-10212
Dennis Brian Schroeter and Doreen Kay Schroeter
Chapter 7
#7.00
Barrett Daffin Frappier Treder & Weiss, LLP - movant attorney Motion for Relief from Stay
The Bank of New York Mellon Trust Company vs. DEBTORS (Motion filed 2/14/20)
Re: 43520 Oregon Circle, Palm Desert, CA 92211
Docket 10
Tentative Ruling:
APPEARANCES REQUIRED.
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 the 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 real property has a value that is less than the value of the perfected deed of trust or mortgage in favor of the movant. The court finds there is no equity and there is no evidence that the trustee can administer the subject real property for the benefit of creditors.
The movant may contact the debtor to comply with California Civil Code § 2923.5. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Dennis Brian Schroeter Represented By Summer M Shaw
9:00 AM
CONT...
Dennis Brian Schroeter and Doreen Kay Schroeter
Chapter 7
Joint Debtor(s):
Doreen Kay Schroeter Represented By Summer M Shaw
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
6:20-10312
Christopher Vega
Chapter 7
#8.00
Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay
VW Credit, Inc. vs. DEBTOR (Motion filed 2/14/20)
Re: 2018 DUCATI MONSTER 797+
Docket 8
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Christopher Vega Represented By Natalie A Alvarado
9:00 AM
CONT...
Trustee(s):
Christopher Vega
Chapter 7
Lynda T. Bui (TR) Pro Se
9:00 AM
6:20-10820
Shantell Yvette Stovall
Chapter 7
#9.00
Vincent F. Frounjian, Esq. - movant attorney Motion for Relief from Stay
Mechanics Bank vs. DEBTOR, Steven M. Speier, chapter 7 trustee (Motion filed 2/10/20)
Re: 2011 Honda Accord, VIN: 1HGC S1B3 8BA0 11590 .
Docket 7
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Shantell Yvette Stovall Represented By
Rabin J Pournazarian
9:00 AM
CONT...
Trustee(s):
Shantell Yvette Stovall
Chapter 7
Steven M Speier (TR) Pro Se
9:00 AM
6:20-10862
Stacy A Furtado
Chapter 7
#10.00
Cooksey Toolen Gage Duffy & Woog - movant attorney Motion for Relief from Stay
TD Auto Finance, LLC vs. DEBTOR, Robert Whitmore, Chapter 7 Trustee (Motion filed 2/12/20)
Re: 2013 Ford Focus VIN 1FADP3F27DL376731
Docket 11
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Stacy A Furtado Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
CONT...
Stacy A Furtado
Chapter 7
2:00 PM
6:09-14254
Fleetwood Enterprises, Inc. and PACO STEEL &
Chapter 11
#1.00
Hrg. on American Express Travel Related Services Company Inc.Motion for Rehearing on liquidating trustee's forty-third omnibus objection seeking disallowance of claims and American Express Travel Related Services Company, Inc.'s response thereto; or for reconsideration or to amend findings
(Cont. from 1/28/20)
Docket 4866
Tentative Ruling:
APPEARANCES REQUIRED.
American Express Travel Related Services Co., Inc. ("Amex Travel") filed a proof of claim for $7,912.46 (the "Amex Travel POC"). Attached to the Amex Travel POC is a statement indicating that this is a credit card debt, that the credit card was opened in September 1986, the last transaction date was December 2004, the last payment date April 2005 and the charge off date was August 2006. The Amex Travel POC in no way identifies the details of any transaction or transactions giving rise to this alleged credit card debt, such as the date of the transactions, the amount charged, the identity of the merchant or vendor who accepted the credit card for payment of goods or services provided, or the nature and identity of such goods or services.
Although debtor Fleetwood Enterprises, Inc. ("Debtor") did not file a bankruptcy petition until 2009, there is no indication that Amex Travel engaged in activities to collect this alleged debt, such as commencing an action in California Superior Court.
Debtor objected to the Amex Travel POC as part of its 43rd omnibus claim objection. The basis for the objection is that Debtor’s books and records show that this debt is not owed to Amex Travel.
2:00 PM
CONT...
Fleetwood Enterprises, Inc. and PACO STEEL &
Chapter 11
A proof of claim is deemed allowed unless a party in interest objects. 11 U.S.C. § 502(a). A proof of claim constitutes prima facie evidence of the validity and amount of the claim. Fed. R. Bankr. P. 3007. To defeat the claim, an objecting party must come forward with sufficient evidence and show facts tending to defeat the claim by probative force equal to or greater than the probative force of the allegations of the proof of claim itself. Lundell v. Anchor Construction Specialists, Inc. (In re Lundell), 223 F.3d 1035, 1039 (9th Cir. 2000). If the objecting party meets this burden, the burden of proof shifts to the claimant to prove up its claim by a preponderance of the evidence. Id.
Because the Amex Travel POC supplies absolutely no details about the purchases that gave rise to this alleged debt of $7,912.46, it is no more than an assertion that Amex Travel’s books and records show that Debtor owes Amex Travel $7,912.46. In its declaration indicating that Debtor’s books and records do not show any indebtedness to Amex Travel, Debtor has come forward with evidence precisely equal in probative force to the probative force of the evidence in the Amex Travel POC: one party states that its books and records show that the other party owes money, and the other party states that based on its books and records no such money is owed. Thus, under Lundell, the burden of proof by a preponderance of the evidence shifted to Amex Travel.
The Court determines that Amex Travel has failed to meet such burden and thus has failed to make a sufficient showing that its claim should not be denied. There is still no evidence as to what, if anything, was purchased by Debtor so as to generate this alleged debt. Moreover, the absence of evidence of any collection action taken by Amex Travel in 2006-2008 leads the Court to conclude that this alleged debt is wholly fictitious in nature.
The Debtor’s objection to the Amex Travel POC is sustained, and the Amex Travel POC is disallowed in its entirety.
2:00 PM
CONT...
Fleetwood Enterprises, Inc. and PACO STEEL &
Chapter 11
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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
6:16-19643
Professional Door Systems, Inc.
Chapter 7
#2.00
Hrg. on trustee's final report; applications for compensation
Docket 51
Tentative Ruling:
APPEARANCES REQUIRED.
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 $5,456.45 and expenses in the amount of $0.
The compensation is approved as to Grobstein Teeple LLP, with fees in the amount of
$12,475.66 and expenses in the amount of $620.59.
The compensation is approved as to Weiland Golden Goodrich, with fees in the amount of $11,256.67 and expenses in the amount of $388.62.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
Professional Door Systems, Inc.
Chapter 7
Professional Door Systems, Inc. Represented By Lazaro E Fernandez
Trustee(s):
Howard B Grobstein (TR) Represented By Reem J Bello
2:00 PM
6:19-18737
Luis A Perez and Cassandra Perez
Chapter 7
#3.00
Hrg. on Debtors' Motion to Redeem Personal Property of the Estate Under 11
U.S.C. §722
Docket 16
Tentative Ruling:
APPEARANCES REQUIRED.
In this motion to redeem estate property (the "Motion"), Luis and Cassandra Perez ("Debtors") contend that the retail value of the bankruptcy estate’s 2014 Toyota Corolla (the "Vehicle") is $4,436.38. They arrive at this number by submitting as evidence a CarMax offer to purchase the Vehicle for $7,500.00 and then reduce this amount by an estimate of $3,036.38 for body repairs.
Creditor Toyota Motor Credit Corp. ("Toyota Credit") argues that Kelly Blue Book shows the Vehicle to be worth $11,014.00. Toyota Credit indicates that this value is based upon the assumption that the Vehicle is in good condition.
The evidence proffered by both parties suffers from various deficiencies. Toyota Credit’s assumption that the Vehicle is in good condition is contradicted by Debtors’ declaration stating that the Vehicle needs substantial body work and that they received a repair cost estimate of $3,036.38. On the other hand, CarMax’s purchase offer of $7,500 states the price a wholesaler – CarMax – would pay for the vehicle, not the price CarMax would sell the vehicle at retail to a purchaser. (The Court takes judicial notice that CarMax is a buyer and seller of cars and trucks). There is some indication that the CarMax offer of $7,500 takes into account the body damage to the Vehicle: the "Appraisal Offer" notes on its face that the "Driver
2:00 PM
CONT...
Luis A Perez and Cassandra Perez
Chapter 7
Fender" needs repair.
No party has introduced evidence as to the amount CarMax would mark up a purchased vehicle for retail sale to the public. It is a certainly that such a mark-up exists, because CarMax could not remain in business for very long if it sold vehicles at retail to the public for the very same price it purchased such vehicles from other members of the public.
Based upon all the evidence, the Court concludes that the price a retail merchant would charge for the Vehicle pursuant to 11 U.S.C. § 506 is $9,475.00. This translates into a mark-up of $1,975.00. The redemption value is $9,475.00.
Accordingly, the Court denies the Motion.
TOYOTA CREDIT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Luis A Perez Represented By
Claudia C Osuna
Joint Debtor(s):
Cassandra Perez Represented By Claudia C Osuna
Trustee(s):
Robert Whitmore (TR) Pro Se
Riverside
Judge Mark Wallace, Presiding Courtroom 301 Calendar
Tuesday, March 10, 2020
Hearing Room
301
2:00 PM
6:19-20152
Murray Altman
Chapter 7
#4.00
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
(Cont. from 12/9/19)
Docket 16
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will deny the motion to dismiss. The mere fact that a case appears to be a no-asset case, as argued by the Trustee, is not a basis for dismissing a chapter 7 case. The fact that an individual debtor filed a chapter 11 case, failed to confirm a plan, and then filed under chapter 7 does not prove up bad faith. Additionally, the Court agrees with the arguments made in Mr. Altman's opposition to the motion.
MR. ALTMAN TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
8:14-11729
Richard Clark Farrell
Chapter 7
Adv#: 8:16-01123 Naylor v. Farrell
#1.00
CONT'D STATUS CONFERENCE 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)
(S/C set per Memorandum Decision And Order Entered 11-15-19)
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
Tentative Ruling:
APPEARANCES NOT REQUIRED.
In view of the pending appeal before the District Court of this Court's Memorandum Decision and Order filed and entered November 15, 2019, the Court continues this status conference to May 13, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
9:00 AM
CONT...
Richard Clark Farrell
Chapter 7
Defendant(s):
Betty Farrell Represented By
D Edward Hays
Plaintiff(s):
Karen Sue Naylor Represented By Robert P Goe
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
Adv#: 8:20-01009 Medley Capital Corporation v. Modern VideoFilm, Inc.
#2.00
Hearing RE: Medley Capital Corporation's Motion For Summary Judgment (Motion filed 1/29/20)
Docket 5
*** VACATED *** REASON: CONTINUED TO AUGUST 12, 2020 AT 9:00 A.M. PER ORDER CONTINUING HEARING ON MOTION ENTERED 3-2-20 - (DOCKET NO. [21])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
Defendant(s):
Modern VideoFilm, Inc. Pro Se
Plaintiff(s):
Medley Capital Corporation Represented By Michael Leary Justin E Rawlins
9:00 AM
8:18-12541
Scott Lawrence Chappell
Chapter 7
Adv#: 8:18-01174 Chappell et al v. Chappell et al
#3.00
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; 9-18-19
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to July 8, 2020 at 9:00 a.m. An updated status report shall be filed on or before June 23, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Scott Lawrence Chappell Represented By Stephen E Olear
Defendant(s):
Scott Lawrence Chappell Pro Se
Alicia Woolsey Pro Se
Joint Debtor(s):
Alicia Woolsey Represented By Stephen E Olear
9:00 AM
CONT...
Scott Lawrence Chappell
Chapter 7
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
8:19-12113
Heidi Crawford
Chapter 7
Adv#: 8:19-01182 Amerifactors Financial Group, LLC v. Crawford et al
#4.00
CONT'D 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) (Another Summons issued 10-23-19)
FR: 11-27-19; 1-22-20
Docket 1
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will vacate the default entered against Michael Crawford in view of his belated answer to the complaint and will permit this action to go forward on the merits.
The Court will continue the status conference to May 13, 2020 at 9:00 a.m. An updated status report is due April 29, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Heidi Crawford Pro Se
9:00 AM
CONT...
Heidi Crawford
Chapter 7
Michael 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
8:19-13068
Antonio Espinoza Muro
Chapter 7
Adv#: 8:19-01208 Marshack v. Vasquez et al
#5.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Fraudulent Transfer;
Avoidance Of Fraudulent Transfer; And
Recovery Of Avoided Transfers (Complaint filed 10/17/19)
FR: 1-22-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to May 20, 2020 at 9:00 a.m. An updated Status report is due May 6, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Antonio Espinoza Muro Pro Se
Defendant(s):
Maribel Carolyn Muro Vasquez Pro Se Maribel Carolyn Muro Vasquez, as Pro Se
Plaintiff(s):
Richard A Marshack Represented By Michael G Spector
9:00 AM
CONT...
Trustee(s):
Antonio Espinoza Muro
Chapter 7
Richard A Marshack (TR) Pro Se
9:00 AM
8:18-11997
QDOS, Inc
Chapter 11
#6.00
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; 10-16-19
Docket 1
*** VACATED *** REASON: CONTINUED TO JULY 15, 2020 AT 9:00 A.M.
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
QDOS, Inc Pro Se
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:19-01167 Complete Business Solutions Group, Inc. v. South Coast Behavioral Health,
#7.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Ownership In Accounts Receivable And The Proceeds
(Complaint Filed 8/8/19)
[S/C Continued as to West Coast Business Capital, LLC - (ONLY) per Order Entered 10/7/19)]
FR: 11-6-19; 11-27-19
Docket 1
*** VACATED *** REASON: CONTINUED TO APRIL 15, 2020 AT 9:00
A.M. PER ORDER APPROVING STIPULATION ENTERED 2-3-2020 - (DOCKET NO. [30])
Tentative Ruling:
- NONE LISTED -
Party Information
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
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
Plaintiff(s):
Complete Business Solutions Group, Represented By
Karel G Rocha
9:00 AM
6:16-20446
BioData Medical Laboratories, Inc.
Chapter 7
Adv#: 6:16-01299 BioData Medical Laboratories, Inc. et al v. Merchant Cash & Capital, LLC.
#1.00
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 12/5/19)
[Tele. appr., Kurt E. Ramlo, repr., Todd A. Frealy]
Docket 1
*** VACATED *** REASON: Order closing adversary case entered on 2/18/20 .
Tentative Ruling:
- NONE LISTED -
Party Information
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
Plaintiff(s):
BioData Medical Laboratories, Inc. Represented By
Robert M Yaspan
Todd A Frealy Represented By Kurt Ramlo
9:00 AM
CONT...
Trustee(s):
BioData Medical Laboratories, Inc.
Chapter 7
Todd A. Frealy (TR) Represented By Eve H Karasik Jeffrey S Kwong Juliet Y Oh Carmela Pagay Kurt Ramlo
9:00 AM
6:17-17312
Flem Earl McMillan and Lydia Ventura McMillan
Chapter 11
#2.00
Hrg. on Chapter 11 Status Conference (Cont. from 8/8/19)
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will inquire into the Debtors' compliance with the terms of the confirmed plan and whether this case can be closed on a final basis.
Next status conference: November 12, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
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
6:17-20521
Val James Simon
Chapter 7
Adv#: 6:19-01170 Whitmore v. Taylor
#3.00
STATUS CONFERENCE re: Complaint by Robert Whitmore against Jamie Taylor. (Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(21 (Validity, priority or extent of lien or other interest in property))
Docket 1
*** VACATED *** REASON: Default Judgment entered on 2/28/20 - jc Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Val James Simon Represented By Todd L Turoci
Defendant(s):
Jamie Taylor Pro Se
Joint Debtor(s):
Katherine Lois Simon Represented By Todd L Turoci
Plaintiff(s):
Robert Whitmore Represented By Donald W Reid
Trustee(s):
Robert Whitmore (TR) Represented By Donald W Reid
9:00 AM
6:19-12394
Michael Walter Maynard, II
Chapter 7
Adv#: 6:19-01095 Golden 1 Credit Union v. Maynard, II
#4.00
Hrg. on Motion to extend time close of discovery by 120 days and related relief
Docket 34
Tentative Ruling:
APPEARANCES REQUIRED.
The Court intends to grant the motion and will issue the following scheduling order: All discovery shall close on July 31, 2020.
All discovery motions shall be heard before August 31, 2020.
All pretrial motions (except motions in limine) shall be heard before October 15, 2020.
Pretrial conference is set for November 5, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Michael Walter Maynard II Represented By Melissa A Raskey
Defendant(s):
Michael Walter Maynard II Represented By Melissa A Raskey
9:00 AM
CONT...
Michael Walter Maynard, II
Chapter 7
Plaintiff(s):
Golden 1 Credit Union Represented By Mirco J Haag
Valerie Bantner Peo
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
6:19-18319
Caleb D Bryant
Chapter 7
Adv#: 6:19-01171 Discover Bank v. Bryant
#5.00
STATUS CONFERENCE re: Complaint by Discover Bank against Caleb D. Bryant, to determine dischargeability of debt [11 U.S.C. §523(a)(2)(C)(i)(I) and (II)
Docket 1
*** VACATED *** REASON: Order approving stipulation for non- dischargeable Judgment entered on 2/18/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Caleb D Bryant Represented By Solomon A Cheifer
Defendant(s):
Caleb D Bryant Pro Se
Plaintiff(s):
Discover Bank Represented By Holly J Nolan
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
8:18-11131
Danny Garza and Roxanne Garza
Chapter 13
#1.00
CONT'D Motion for relief from stay [Real Property]
Nationstar Mortgage LLC, d/b/a Mr. Cooper
[RE: 1522 West Washington Avenue, Santa Ana, CA 92706]
FR: 2-10-2020
Docket 39
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will inquire into the status of negotiations regarding an adequate protection order.
Party Information
Debtor(s):
Danny Garza Represented By
Anerio V Altman
Joint Debtor(s):
Roxanne Garza Represented By Anerio V Altman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:18-12287
Lorenzo R Manrique and Carmen Manrique
Chapter 13
#2.00
Motion for relief from stay [Real Property]
The Bank Of New York Mellon FKA The Bank Of New York As Trustee For The Benefit Of The Certificateholders Of The CWABS, Inc., Asset-Backed Certificates, Series 2007-9 vs. DEBTORS
(Motion filed 2/19/20)
[RE: 319 North Janss Street, Anaheim, California 92805-2526]
Docket 42
Tentative Ruling:
APPEARANCES REQUIRED.
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 movant may contact the debtor to comply with California Civil Code § 2923.5. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Lorenzo R Manrique Represented By Scott Kosner
9:00 AM
CONT...
Lorenzo R Manrique and Carmen Manrique
Chapter 13
Joint Debtor(s):
Carmen Manrique Represented By Scott Kosner
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-13802
Timothy NMN Barnett
Chapter 7
#3.00
CONT'D Motion for relief from stay [Real Property]
NPI Debt Fund I, LP vs. DEBTOR (Motion filed 1/17/29)
[RE: 5321 South Deane Avenue, Los Angeles, CA 90043]
FR: 2-10-20
Docket 29
Tentative Ruling:
APPEARANCES REQUIRED.
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.
Furthermore, the Court finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval and/or the filing of multiple bankruptcy cases relating to the subject property. 11 U.S.C. § 362(d)(4).
Also, grant the following relief:
- Box 9. Relief from stay is granted under 11 U.S.C. § 362(d)(4), if the order granting
9:00 AM
CONT...
Timothy NMN Barnett
Chapter 7
this motion is recorded in compliance with state laws governing notices of interest or liens in real property, the order is binding in any other case under this title purporting to affect the Property filed not later than two years after the date of entry of such order, except that a debtor in a subsequent case under this title may move for relief from the order based upon changed circumstances or for good cause shown, after notice and a hearing.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Timothy NMN Barnett Represented By Michael D Franco
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-14566
Maria Felix
Chapter 11
#4.00
CONT'D Motion for relief from stay [Real Property]
U.S. Bank National Association, As Trustee, On Behalf Of The Holders Of The Adjustable Rate Mortgage Trust 2007-1, Adjustable Rate Mortgage-Backed Pass-Through Certificates, Series 2007-1, Its Assignees And/Or Successors vs. DEBTOR
(Motion filed 1/30/20)
[RE: 7712 Jackson Way, A,B,C,D, Buena Park, CA 90620]
FR: 2-24-20
Docket 31
*** VACATED *** REASON: OFF CALENDAR - STIPULATION AND ORDER RESOLVING MOTION FOR RELIEF FROM AUTOMATIC STAY AND ADEQUATE PROTECTION ENTERED 3-3-2020 - (DOCKET NO. [44])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Maria Felix Represented By
Michael Jones
2:00 PM
8:16-11073
Karen Lee Davis
Chapter 7
#1.00
Hearing RE: Motion For Approval Of Settlement Of Product Liability Claim (Motion filed 2/11/20)
Docket 42
Tentative Ruling:
APPEARANCES REQUIRED.
The Court intends to grant the motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Karen Lee Davis Represented By Joseph M Tosti
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
2:00 PM
8:19-10181
Michael Leelin
Chapter 7
#2.00
Hearing RE: Motion For Order: (1) Approving Sale Of Real Property Free And Clear Of Liens; (2) Approving Overbid Procedures; And (3) Authorizing Disbursement Of Proceeds
(Motion filed 2/6/20)
Docket 63
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will approve the sale procedures, except that the initial overbid must be
$10,000 over the offer and subsequent bidding increments will be $5,000.
Party Information
Debtor(s):
Michael Leelin Represented By Julie J Villalobos
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
2:00 PM
8:14-11729
Richard Clark Farrell
Chapter 7
#3.00
Hearing RE: Final Application For Approval Of Fees And Reimbursement Of Expenses For The Period From December 30, 2014 Through May 5, 2016 (Application filed 2/21/2020)
[RE: KAREN SUE NAYLOR - As Former Chapter 11 Trustee] [Fees: $169,361.70; Expenses: $683.10]
Docket 922
Tentative Ruling:
APPEARANCES REQUIRED.
The compensation is approved on a final basis as to the Chapter 11 Trustee, with fees in the amount of $169,361.70 and expenses in the amount of $683.10.
Payment is not authorized at this time.
TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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...
Richard Clark Farrell
Rafael R Garcia-Salgado
Chapter 7
2:00 PM
8:14-11729
Richard Clark Farrell
Chapter 7
#4.00
Hearing RE: First Interim Application For Compensation And Reimbursement Of Expenses For The Period From May 23, 2016 Through February 14, 2020 (Application filed 2/14/2020)
[RE: GOE & FORSYTHE & HODGES LLP (Formerly GOE & FORSYTHE) -
Special Litigation Counsel For Chapter 7 Trustee) [Fees: $207,667.00; Expenses: $3,666.71]
Docket 917
Tentative Ruling:
APPEARANCES REQUIRED.
The compensation is approved on an interim basis as to Goe & Forsythe, LLP, with fees in the amount of $207,667.00 and expenses in the amount of $3,666.71.
The Court does not believe any reduction in fees is warranted or would be fair. The Court's major concern relates to the pendency of the appeal and whether the Court has jurisdiction to approve for entry any kind of a final judgment until the appeal is resolved. The Court will approve payment of interim fees at this time.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
2:00 PM
CONT...
Trustee(s):
Richard Clark Farrell
Chapter 7
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
Rafael R Garcia-Salgado
2:00 PM
8:14-11729
Richard Clark Farrell
Chapter 7
#5.00
Hearing RE: Second And Final Application For Compensation And Reimbursement Of Expenses For The Period From October 9, 2015 Through May 6, 2016
(Application filed 2/7/2020)
[RE: GOE & FORSYTHE, LLP - Attorney For Official Committee Of Unsecured Creditors]
[Fees: $50,459.00; Expenses: $1,114.01]
Docket 915
Tentative Ruling:
APPEARANCES REQUIRED.
The chapter 11 compensation is approved on a final basis as to Goe & Forsyth, LLP, with fees in the amount of $130,251.05 and expenses in the amount of $1,114.01.
Fees and costs previsously awarded on an interim basis are now confirmed on a final basis.
Chapter 7 fees and expenses are ongoing. Payment is not authorized at this time.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
2:00 PM
CONT...
Trustee(s):
Richard Clark Farrell
Chapter 7
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
Rafael R Garcia-Salgado
2:00 PM
8:14-11729
Richard Clark Farrell
Chapter 7
#6.00
Hearing RE: First Interim Fee Application For Allowance Of Fees And Reimbursement Of Expenses For The For The Following Periods: (Application filed 2/21/2020)
[RE: DESMOND, MARCELLO & AMSTER, LLC - Accountants For Chapter 7 Trustee]
Chapter 11 Fees:
[For The Period From November 15, 2015 Through May 5, 2016] [Fees: $39,547.50; Expenses: $92.00]
Chapter 7 Fees:
For The Period From May 6, 2016 Through February 11, 2020] Fees: $21,020.00; Costs: $0.00]
[TOTAL Fees: $60,567.50; Expenses: $92.00]
Docket 925
Tentative Ruling:
APPEARANCES REQUIRED.
The compensation is approved on an interim basis as to Desmond Marcello & Amster LLC, with fees in the amount of $60,567.50 and expenses in the amount of $92.00.
Payment is not authorized at this time.
TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Richard Clark Farrell Represented By
2:00 PM
CONT...
Trustee(s):
Richard Clark Farrell
Michael G Spector William M. Hulsy Michael R Adele
Chapter 7
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
Rafael R Garcia-Salgado
2:00 PM
8:14-11729
Richard Clark Farrell
Chapter 7
#7.00
Hearing RE: Second And Final Application For Compensation And Reimbursement Of Expenses For The Period From October 9, 2015 Through February 17, 2020
Application filed 2/17/20)
[RE: LAW OFFICE OF CHRISTOPHER P. WALKER, P.C. - Counsel for
Debtor And Debtor In Possession] [Fees: $1,050.00; Expenses: $0.00]
Docket 918
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The compensation is approved on a final basis as to Law Office of Christopher P. Walker, PC, with fees in the amount of $24,360.00 and expenses in the amount of
$789.96.
Payment is not authorized at this time.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Trustee(s):
Karen S Naylor (TR) Represented By
2:00 PM
CONT...
Richard Clark Farrell
Nanette D Sanders Brian R Nelson Robert P Goe
Rafael R Garcia-Salgado
Chapter 7
2:00 PM
8:14-11729
Richard Clark Farrell
Chapter 7
#8.00
Hearing RE: Application For Payment Of Interim Chapter 7 Fees And/Or Expenses For The Period From May 6, 2016 Through November 30, 2019 (Application filed 2/21/20)
[RE: RINGSTAD & SANDERS LLP - Attorneys For Chapter 7 Trustee] [Fees: $577,138.50; Expenses: $5,278.81]
Docket 924
Tentative Ruling:
APPEARANCES REQUIRED.
The compensation is approved on an interim basis as to Ringstad & Sanders, LLP, with fees in the amount of $577,138.50 and expenses in the amount of $5,278.81.
Payment is not authorized at this time.
TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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...
Richard Clark Farrell
Rafael R Garcia-Salgado
Chapter 7
2:00 PM
8:14-11729
Richard Clark Farrell
Chapter 7
#9.00
Hearing RE: Application For Final Chapter 11 Fees And/Or Expenses For The Following Periods:
Application filed 2/21/2020
[RE: RINGSTAD & SANDERS - Attorneys For Chapter 11 Trustee]
[Period From December 14, 2014 Through December 29, 2014] [Fees: $9,750.00; Expenses: $0.00]
[Period From October 1, 2015 Through May 5, 2016] [Fees: $95,480.00; Expenses: $205.51]
Docket 923
Tentative Ruling:
APPEARANCES REQUIRED.
The compensation is approved on a final basis as to Ringstad & Sanders LLP, with fees in the amount of $324,622.50 and expenses in the amount of $2,773.41.
Payment is not authorized at this time.
TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
2:00 PM
CONT...
Trustee(s):
Richard Clark Farrell
Chapter 7
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
Rafael R Garcia-Salgado
2:00 PM
8:14-11729
Richard Clark Farrell
Chapter 7
#10.00
Hearing RE: First Interim Fee Application For Allowance Of Fees And Reimbursement Of Expenses For The Following Periods:
(Application filed 2/20/2020)
[RE: HAHN FIFE & COMPANY - Accountants For Former Chapter 11 Trustee And Current Chapter 7 Trustee]
For Chapter 11:
The Period From March 30, 2015 Through May 5, 2016 [Fees: $8,827.00; Costs: $82.20]
For Chapter 7:
The Period From May 24, 2016 Through February 15, 2020 [Fees: $15,083.00; Costs: $22.90]
TOTAL FEES: $23,910 - TOTAL COSTS: $105.10
Docket 921
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The compensation is approved on an interim basis as to Hahn Fife & Company, with fees in the amount of $23,910.00 and expenses in the amount of $105.10.
Payment is not authorized at this time.
TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Richard Clark Farrell Represented By
2:00 PM
CONT...
Trustee(s):
Richard Clark Farrell
Michael G Spector William M. Hulsy Michael R Adele
Chapter 7
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
Rafael R Garcia-Salgado
9:00 AM
6:19-20657
Rick Vance White and Debra Robin White
Chapter 7
#1.00
Tiffany & Bosco - movant attorney Motion for Relief from Stay
Bank of America vs. DEBTORS (Motion filed 2/24/20)
Re: N 2013 PRIME TIME TRACER 3150BHD; 5ZT2TRXB2DB503226
Docket 12
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Rick Vance White Represented By Dana Travis
9:00 AM
CONT...
Rick Vance White and Debra Robin White
Chapter 7
Joint Debtor(s):
Debra Robin White Represented By Dana Travis
Movant(s):
Bank of America, N.A. Represented By Robert P Zahradka
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
6:19-21077
Michael Drenk and Michelle Drenk
Chapter 7
#2.00
Tiffany & Bosco - movant attorney Motion for Relief from Stay
Bank of America vs. DEBTORS (Motion filed 2/20/20)
Re: N 2012 ROAD WARRI HEARTLAND; VIN NO. 5SFCG4030CE243371
Docket 18
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
Debtor(s):
Michael Drenk Represented By Todd L Turoci
9:00 AM
CONT...
Michael Drenk and Michelle Drenk
Chapter 7
Joint Debtor(s):
Michelle Drenk Represented By Todd L Turoci
Movant(s):
Bank of America, N.A. Represented By Robert P Zahradka
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
6:15-14464
AVT, Inc.
Chapter 7
#1.00
Hrg. on Trustee's Final Report and Applications for Compensation
Docket 673
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will direct the Chapter 7 Trustee to pay the following parties in full: the
U.S. Bankruptcy Court ($700.00); the UST ($6,825.00); International Sureties, Inc. ($21.07); and the Franchise Tax Board ($3,808.98). Then $10,000.00 shall be paid pro rata to the general unsecured creditors. Finally, the remaining fees shall be paid pro rata to the Chapter 7 Trustee, Brown Rudnick, and Hahn Fife Company. Chapter 7 Trustee to revise Trustee's Final Report and Application and re-submit.
The Court will overrule the objections of John F. Keane.
Party Information
Debtor(s):
AVT, Inc. Pro Se
Trustee(s):
Charles W Daff (TR) Represented By Cathrine M Castaldi Samuel A Moniz
2:00 PM
6:16-10693
Russell John Molina
Chapter 7
#2.00
Hrg. on Trustee's Final Report and Applications for Compensation
Docket 107
Tentative Ruling:
APPEARANCES NOT REQUIRED.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of
$12,750.00 and expenses in the amount of $380.35.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Russell John Molina Represented By Summer M Shaw
Trustee(s):
Charles W Daff (TR) Represented By
2:00 PM
CONT...
Russell John Molina
Lynda T Bui Elyza P Eshaghi
Brandon J Iskander
Chapter 7
2:00 PM
6:16-17030
Ty Edward Lockerby and Sheri Starkey Lockerby
Chapter 7
#3.00
Hrg. on Trustee's Final Report and Applications for Compensation
Docket 27
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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 $1,588.07 and expenses in the amount of $165.08.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Ty Edward Lockerby Represented By John F Brady
2:00 PM
CONT...
Ty Edward Lockerby and Sheri Starkey Lockerby
Chapter 7
Joint Debtor(s):
Sheri Starkey Lockerby Represented By John F Brady
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
6:17-18471
Daniel L Horkey and Carmela Horkey
Chapter 7
#4.00
Hrg. on Trustee's Final Report and Applications for Compensation
Docket 102
Tentative Ruling:
APPEARANCES NOT REQUIRED.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of $6,750.00 and expenses in the amount of $128.72.
The compensation is approved as to Attorney Caroline Djang, with fees in the amount of $20,000.00 and expenses in the amount of $898.34.
The compensation is approved as to Accountant Donal Fife, with fees in the amount of $1,000.00 and expenses in the amount of $0.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
Daniel L Horkey and Carmela Horkey
Chapter 7
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
8:18-12427
James Russell Balsamo
Chapter 7
Adv#: 8:18-01189 Labor Commissioner, State of California v. Balsamo
#1.00
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) (PTC set at S/C held 4/10/19)
(S/C set per Order Entered 1/31/20) FR: 1-9-19; 10-16-19; 2-12-20
Docket 1
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will set a deadline of May 31, 2020 for hearing a motion for entry of default judgment.
COURT TO PREPARE ORDER.
Party Information
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
9:00 AM
CONT...
Trustee(s):
James Russell Balsamo
Chapter 7
Richard A Marshack (TR) Pro Se
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
#2.00
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; 11-25-19
Docket 59
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will ask the newly-appointed Chapter 11 Trustee for his views on how he sees this case proceeding; including his intentions regarding the retention of professionals.
The Trustee writes in his status report filed March 4, 2020 (Docket No. 436) at page 6 of 21, lines 18-20: "Evidence suggests that interference in the administration of Debtor's case continued after the Court ordered a Chapter 11 Trustee to be appointed."
The Court wishes to make clear it stands ready to take whatever measures are necessary (including invoking its sanction and contempt powers) to completely eliminate any unlawful interference in the Chapter 11 Trustee's administration of Debtor's bankruptcy case.
The Court's scheduling order setting deadlines for filing and confirming a chapter 11 plan was filed and entered before it became necessary to appoint a chapter 11 trustee. There has been a change in circumstances by reason of the Chapter 11 Trustee's appointment, and the Court is open to extending such deadlines to the extent permitted by law should the need arise.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
South Coast Behavioral Health, Inc.
Chapter 11
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
9:00 AM
8:18-10905
Michael William Devine
Chapter 7
Adv#: 8:19-01095 The United States Trustee For Region 16 v. Devine
#3.00
PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debtor Pursuant to 11 U.S.C. Section 72711 U.S.C. § 727
(Complaint filed 5/28/19) (PTC set at S/C held 8-14-19)
FR: 8-14-19
Docket 1
*** VACATED *** REASON: CONTINUED TO JUNE 24, 2020 AT 9:00
A.M. PER ORDER APPROVING STIPULATION TO AMEND SCHEDULING ORDER ENTERED 11-26-19 - (DOCKET NO. [14])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Michael William Devine Represented By Christopher J Langley
Defendant(s):
Michael William Devine Pro Se
Plaintiff(s):
The United States Trustee For Represented By Frank Cadigan
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
6:14-18824
Maria Elena Rodriguez
Chapter 7
Adv#: 6:19-01047 Ford Walker Haggerty & Behar, LLP et al v. Simons
#1.00
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))
(Cont. from 12/5/19)
Docket 1
*** VACATED *** REASON: Order entered 3/10/20, Granting Motion to reopen Discovery, to require compliance with Rule 26.
Tentative Ruling:
- NONE LISTED -
Party Information
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
CONT...
Maria Elena Rodriguez
Daniel A Lev
Chapter 7
9:00 AM
6:17-17512
Douglas Craig Woodard
Chapter 7
Adv#: 6:19-01075 Anderson v. Woodard et al
#2.00
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 1/23/20)
Docket 17
*** VACATED *** REASON: Cont. to 4/16/20 @ 9:00 a.m. - jc Tentative Ruling:
- NONE LISTED -
Party Information
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
CONT...
Douglas Craig Woodard
Chapter 7
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
6:17-17512
Douglas Craig Woodard
Chapter 7
#3.00
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 1/23/20)
Docket 130
*** VACATED *** REASON: Cont. to 4/16/20 @ 9:00 a.m. - jc Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Douglas Craig Woodard Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
6:17-17512
Douglas Craig Woodard
Chapter 7
Adv#: 6:19-01075 Anderson v. Woodard et al
#4.00
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 1/23/20)
Docket 1
*** VACATED *** REASON: Cont. to 4/16/20 @ 9:00 a.m. - jc Tentative Ruling:
- NONE LISTED -
Party Information
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
CONT...
Trustee(s):
Douglas Craig Woodard
Chapter 7
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
6:19-15266
Michael A. Madrid
Chapter 11
#5.00
Hrg. on Chapter 11 Status Conference (Cont. from 2/20/20)
Docket 0
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will inquire whether the Debtor is in full compliance with U.S. Trustee's guidelines and requirements.
Next status conference: TBD. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Michael A. Madrid Represented By
Benjamin A Yrungaray
9:00 AM
8:19-14723
James Alvin Grove
Chapter 7
#1.00
Motion for relief from stay [Personal Property]
Ford Motor Credit Company LLC vs. DEBTOR (Motion filed 2/21/20)
[RE: 2016 Lincoln MKZ - VIN No.: 3LN6L2PU1GR633215]
Docket 62
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
James Alvin Grove
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
James Alvin Grove Represented By Michael N Nicastro Michael G Spector
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-14865
Ice Energy Holdings, Inc.
Chapter 7
#2.00
CONT'D Motion for relief from stay [Unlawful Detainer] RREEF CPIF 1575 Sunflower, LLC vs. DEBTOR
(Motion filed 1/2/20)
[RE: 1575 Sunflower Avenue, Costa Mesa, CA 92926]
FR: 1-27-20; 2-10-20
Docket 12
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire whether this lease has been assumed and assigned as of the hearing date.
Party Information
Debtor(s):
Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo
9:00 AM
CONT...
Trustee(s):
Ice Energy Holdings, Inc.
Chapter 7
Thomas H Casey (TR) Pro Se
9:00 AM
8:19-14709
Ramon R Gregorio
Chapter 7
#3.00
CONT'D Motion for relief from stay [Personal Property]
American Honda Finance Corporation vs. DEBTOR; And Weneta M. Kosmala,
Chapter 7 Trustee (Motion filed 1/30/20)
[RE: 2015 Honda Civic - VIN: No.: 2HGF B2F5 3FH5 47868]
FR: 2-24-20
Docket 8
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the status of the Parties' agreement regarding an adequate protection order.
Party Information
Debtor(s):
Ramon R Gregorio Pro Se
9:00 AM
CONT...
Trustee(s):
Ramon R Gregorio
Chapter 7
Weneta M Kosmala (TR) Pro Se
9:00 AM
8:20-10683
Darlene Hernandez DeHaro
Chapter 13
#4.00
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Steven White vs. DEBTOR (Motion filed 3/13/2020) (OST Entered 3-16-2020)
[Case Name: In Re Estate of Agapito Hernandez] [Docket Nmber: A-175415]
[Pending In: Orange County Superior Court]
Docket 13
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue this hearing to June 15, 2020 at 9:00 a.m. The June 15 hearing will be an evidentiary hearing. The Court finds good cause for a continuance pursuant to 11 U.S.C. § 362(e) in view of the Coronavirus pandemic.
Any party may file an optional additional brief on or before May 15, 2020. The automatic stay remains in place.
9:00 AM
CONT...
Darlene Hernandez DeHaro
Chapter 13
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Darlene Hernandez DeHaro Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#1.00
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 3/2/20)
[RE: 4262 Sandburg, Irvine, California]
Docket 363
Tentative Ruling:
APPEARANCES NOT REQUIRED.
In view of the Coronavirus pandemic and the closing of the Courthouse, this hearing is continued to May 4, 2020 at 2:00 p.m.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum
2:00 PM
CONT...
Allan Eli Gindi and Carol June Gindi
Chapter 11
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum
Candice Candice Bryner
9:00 AM
6:19-15266
Michael A. Madrid
Chapter 11
#1.00
Hrg. on Order to Show Cause, if any, why the Court should not dismiss this case for Debtor's noncompliance with an order requiring the filing of a plan and disclosure statement on or before February 29, 2020
[Tele. appr., Benjamin Yrungaray, repr., Michael Madrid] [Tele. appr., Todd S. Garan, repr., JPMorgan Chase Bank] [Tele. appr., Everett Green, repr., U.S. Trustee]
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the OSC and dismiss the case. COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Michael A. Madrid
Chapter 11
Michael A. Madrid Represented By
Benjamin A Yrungaray
9:00 AM
6:19-15266
Michael A. Madrid
Chapter 11
#1.10
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
JPMorgan Chase Bank, NA VS. DEBTOR (Motion filed 2/27/20)
RE: 23180 Gray Fox Dr, Canyon Lake, California 92587-7532 EH
[Tele. appr., Benjamin Yrungaray, repr., Michael Madrid] [Tele. appr., Todd S. Garan, repr., JPMorgan Chase Bank] [Tele. appr., Everett Green, repr., U.S. Trustee]
Docket 64
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
9:00 AM
CONT...
Michael A. Madrid
Chapter 11
If the case is not dismissed, the Court will set an evidentiary hearing for July 20, 2020 at 9:00 a.m. The Court continues the automatic stay pursuant to 11 U.S.C. § 362(e), finding good cause to do so based upon the coronavirus pandemic.
Debtor's brief is due May 29, 2020. Movant's brief is due June 26, 2020. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Michael A. Madrid Represented By
Benjamin A Yrungaray
9:00 AM
6:19-15266
Michael A. Madrid
Chapter 11
#1.20
Hrg. on Chapter 11 Status Conference (Cont. from 3/19/20)
[Tele. appr., Benjamin Yrungaray, repr., Michael Madrid] [Tele. appr., Todd S. Garan, repr., JPMorgan Chase Bank] [Tele. appr., Everett Green, repr., U.S. Trustee]
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire whether the Debtor was in full complaince with UST guidlines and requirements as of March 15, 2020 and is in full compliance as of the date of this hearing.
Next status conference: TBD.
9:00 AM
CONT...
Michael A. Madrid
Chapter 11
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Michael A. Madrid Represented By
Benjamin A Yrungaray
9:00 AM
6:19-16573
Vincent Machado
Chapter 7
#2.00 Reid & Manee LLP - movant attorney Motion for Relief from Stay
Frances Machado vs. DEBTOR (Motion filed 9/24/19)
(Cont. from 10/15/19)
Re: ACTION IN NON-BANKRUPTCY FORUM RE: marital dissolution claims (Cont. from 11/12/19)
[Tele. appr., Lynda T. Bui, repr., Trustee, Lynda Bui]
[Tele. appr., C. Scott Rudibaugh, repr., Debtor Vincent Machado]
Docket 12
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will deny the Motion without prejudice for failure to make a sufficient showing that the family law court divided the community property pre-petition.
9:00 AM
CONT...
Vincent Machado
Chapter 7
No renewed motion may be filed prior to June 30, 2020. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Vincent Machado Represented By
C Scott Rudibaugh
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
6:20-10331
Henry John Citarella
Chapter 7
#3.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTOR, Steven M. Speier, Trustee (Motion filed 2/21/20)
Re: 2016 Ford F150, VIN: 1FTEW1CP0GKD65702
Docket 10
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Henry John Citarella
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Henry John Citarella Represented By Christopher P Walker
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
6:20-10312
Christopher Vega
Chapter 7
#4.00
Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay
Fifth Third Bank vs. DEBTOR (Motion filed 3/2/20)
Re: 2016 YAMAHA FZ-07
[Tele. appr., Austin P. Nagel, repr., Fifth Third Bank]
Docket 11
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Christopher Vega
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Christopher Vega Represented By Natalie A Alvarado
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
6:20-11416
Joseph Alexander Meza and Amber Lynn Meza
Chapter 7
#5.00
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
Mechanics Bank, a California Banking Corporation vs. DEBTORS, Larry D.
Simons, chapter 7 trustee (Motion filed 3/2/20)
Re: 2015 Honda Civic, VIN: 2HGF G3A8 4FH5 01006
Docket 11
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Joseph Alexander Meza and Amber Lynn Meza
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Joseph Alexander Meza Pro Se
Joint Debtor(s):
Amber Lynn Meza Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
6:16-11051
Wilbert Mauricio Henriquez
Chapter 7
Adv#: 6:16-01072 VOKSHORI LAW GROUP, APLC v. Henriquez
#1.00
Hrg. on Order for Appearance and Examination
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the judgment debtor examination to May 19, 2020 at 2:00 p.m.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Wilbert Mauricio Henriquez Represented By Brad Weil
Defendant(s):
Wilbert Mauricio Henriquez Represented By Brad Weil
2:00 PM
CONT...
Wilbert Mauricio Henriquez
Chapter 7
Plaintiff(s):
VOKSHORI LAW GROUP, APLC Represented By
Nima S Vokshori Brad Weil
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
6:19-16367
Rachel L Degraw
Chapter 7
#3.00
Hrg. on trustee's final report; applications for compensation
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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 $0.
2:00 PM
CONT...
Rachel L Degraw
Chapter 7
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Rachel L Degraw Pro Se
Trustee(s):
Howard B Grobstein (TR) Pro Se
2:00 PM
6:18-19083
Marine Armenta
Chapter 7
#2.00
Hrg. on trustee's final report; applications for compensation
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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 $1,387.61 and expenses in the amount of $0.
2:00 PM
CONT...
Marine Armenta
Chapter 7
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Marine Armenta Represented By Marlin Branstetter
Trustee(s):
Howard B Grobstein (TR) Represented By Reem J Bello
2:00 PM
6:19-17552
RVT Inc
Chapter 11
#4.00
Hrg. on Application filed 10/18/19 to Employ Julie J Villalobos as General Bankruptcy Counsel
(Cont. from 2/18/20)
[Tele. appr., Julie J. Villalobos, repr., Debtor, RVT]
Docket 57
*** VACATED *** REASON: ORDER ENTERED 3/24/2020 - slh
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Application.
DEBTOR'S COUNSEL TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
RVT Inc Represented By
Julie J Villalobos
2:00 PM
6:20-10492
Patricia Nicole Jones
Chapter 7
#5.00
Hrg. on Debtor's Motion filed 2/28/20 to Redeem Property of the Estate 2009 Chevy Cobalt Sedan 4D LT Financed through Bridgecrest Acceptance Corporation
[Tele. appr., Jennifer Tanios, repr., Debtor, Patricia Nicole Jones]
Docket 8
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Patricia Nicole Jones Represented By Steven A Alpert
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
6:17-17512
Douglas Craig Woodard
Chapter 7
#6.00
Hrg. on chapter 7 trustee's Motion filed 3/3/20 to approve settlement and compromise of disputes by and among chapter 7 trustee, Debtor, Blithe Partners, LLC, Douglas Woodard Jr. and Janet Woodard
[Tele. appr., Melissa R. Davis Lowe, repr., Trustee, Karl Anderson]
Docket 161
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Douglas Craig Woodard Represented By Michael G Spector
2:00 PM
CONT...
Trustee(s):
Douglas Craig Woodard
Chapter 7
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
6:19-18963
Nolan L Jackson
Chapter 7
#7.00
Hrg. on Debtor's Motion filed 3/3/20 to vacate dismissal
Docket 26
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Nolan L Jackson Represented By Paul Y Lee
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
8:16-10849
Casey John Simon
Chapter 7
Adv#: 8:16-01187 Gordy v. Simon et al
#1.00
Hearing RE: Order To Show Cause As To Why The Adversary Proceeding Should Not Be Dismissed For Lack Of Prosecution
(Set per Order Entered 2-7-20)
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will dismiss this adversary proceeding for failure to prosecute. DEFENDANTS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Casey John Simon Represented By Kelly H. Zinser
Defendant(s):
Casey John Simon Represented By Kelly H. Zinser
9:00 AM
CONT...
Casey John Simon
Chapter 7
Korrine Ellen Simon Represented By Kelly H. Zinser
Joint Debtor(s):
Korrine Ellen Simon Represented By Kelly H. Zinser
Plaintiff(s):
Paul Thomas Gordy Pro Se
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
8:17-14396
Styles For Less, Inc., a California corporation
Chapter 7
Adv#: 8:19-01212 Kosmala v. DeAngelo, SR et al
#2.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(b), 548(a)(1)(A), 550, And Calalifornia Civil Code Sections 3439.04(a)(1), 3439.07 And 3439.09;
To Avoid Transfer And Recover Fraudulent Transfers Pursuant To 11
U.S.C. Sections 544(b), 548(a)(1)(B), 550, And California Civil Code Sections 3439.04(a)(2), 3439.07 And 3439.09;
To Avoid And Recover Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550;
To Preserve Transfers For The Benefit Of The Estate Pursuant To 11
U.S.C. Section 551;
To Disallow Claim Pursuant To 11 U.S.C. Section 502(d); And
For Breach Of Fiduciary Duties Of Loyalty And Care (Complaint filed 11/6/19)
FR: 1-29-20
Docket 1
*** VACATED *** REASON: CONTINUED TO JUNE 29, 2020 AT 2:00
P.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE ENTERED 3-12-2020 - (DOCKET NO. [16])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
9:00 AM
CONT...
Styles For Less, Inc., a California corporation
Chapter 7
Defendant(s):
Michael DeAngelo SR Pro Se
Michael DeAngelo JR Pro Se
August DeAngelo II Pro Se
Jason DeAngelo Pro Se
Gina Womack Pro Se
Douglas Periera Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Jeffrey I Golden
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello
9:00 AM
8:18-10013
Fred Asafu-Adjaye and Esther Asafu-Adjaye
Chapter 11
#3.00
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; 12-4-19
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will set a hearing on the motion for entry of a decree closing the case on an interim basis. The motion will be heard on May 4, 2020 at 2:00 p.m.
The status conference will be continued to May 4, 2020 at 2:00 p.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Fred Asafu-Adjaye Represented By Kevin Tang
9:00 AM
CONT...
Fred Asafu-Adjaye and Esther Asafu-Adjaye
Chapter 11
Joint Debtor(s):
Esther Asafu-Adjaye Represented By Kevin Tang
9:00 AM
8:18-10203
Phillip Barry Greer
Chapter 7
Adv#: 8:18-01075 Street v. Greer et al
#4.00
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; 12-4-19
Docket 8
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Based upon the Parties' request, the Court will order this adversary proceeding into mediation. The Parties shall file a mediation stipulation and lodge an order thereon on
9:00 AM
CONT...
Phillip Barry Greer
Chapter 7
or before April 30, 2020.
The Court continues the status conference to August 12, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
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
8:19-10212
Hill Concrete Structures
Chapter 11
#5.00
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; 11-13-19
Docket 0
*** VACATED *** REASON: CONTINUED TO JUNE 29, 2020 AT 2:00
P.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 3- 20-2020 - (DOCKET NO. [163])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Hill Concrete Structures Represented By Michael Jones
9:00 AM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01155 Naylor v. Sun et al
#6.00
Hearing RE: Defendants, Bianca Sun and Yan Yu Sun's Motion For Protective Order Against Plaintiff's Subpoena To Charles C.H. Wu, Esq.
(Motion filed 2/14/20)
(Set per Notice of Motion filed 2/26/20)
Docket 89
*** VACATED *** REASON: CONTINUED TO APRIL 15, 2020 AT 9:00
A.M. PER ORDER CONTINUING HEARING ENTERED 3-17-2020 - (DOCKET NO. [93])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Bianca Sun Represented By
Victor S Korechoff
Yan Yu Sun Represented By
Victor S Korechoff
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:19-12113
Heidi Crawford
Chapter 7
Adv#: 8:19-01178 New Deco Arts & Crafts Co Ltd v. Crawford et al
#7.00
Hearing RE: Motion For Reconsideration Of Default Judgment (Motion filed 3/2/2020)
Docket 41
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF MOTION TO WITHDRAW MOTION FILED 3-16-2020 - (DOCKET NO. [57])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Heidi Crawford Pro Se
Michael 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
8:19-12113
Heidi Crawford
Chapter 7
Adv#: 8:19-01178 New Deco Arts & Crafts Co Ltd v. Crawford et al
#7.10
Hearing RE: Plaintiff's Motion For Sanctions Regarding Defendant's Submission Of False And Frivolous Pleadings
(Motion filed 3/4/2020)
Docket 46
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court declines to award monetary sanctions. The Motion is denied. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Heidi Crawford Pro Se
Michael Crawford Pro Se
9:00 AM
CONT...
Heidi Crawford
Chapter 7
Plaintiff(s):
New Deco Arts & Crafts Co Ltd Represented By
Zheng Liu
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-12113
Heidi Crawford
Chapter 7
Adv#: 8:19-01179 DX Home Designs Inc. v. Crawford et al
#8.00
Hearing RE: Motion For Reconsideration Of Default Judgment (Motion filed 3/2/2020)
Docket 63
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue this hearing to May 20, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Heidi Crawford Pro Se
Michael Dean Crawford Pro Se
9:00 AM
CONT...
Heidi Crawford
Chapter 7
Style House Inc. Pro Se
Michael Crawford Pro Se
Plaintiff(s):
DX Home Designs Inc. Represented By Michael Jay Berger
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
8:19-14146
Christopher Thomas Gentry and Sandra Michele Gentry
Chapter 13
#1.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 1-22-20
Docket 23
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL ARISING FROM DEBTOR'S REQUEST FOR VOLUNTARY DISMISSAL ENTERED 3-20-2020 - (DOCKET NO. [34])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Christopher Thomas Gentry Represented By David L Gibbs
Joint Debtor(s):
Sandra Michele Gentry Represented By David L Gibbs
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14772
Lilia Margarita Lopez de Aguilera
Chapter 13
#2.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 2-26-20
Docket 27
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Lilia Margarita Lopez de Aguilera Represented By
Anthony P Cara
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14910
Armando Paniagua
Chapter 13
#3.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 2-26-20
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Armando Paniagua Represented By Kevin Tang
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10003
Martin Folch
Chapter 13
#4.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 16
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Martin Folch Represented By
Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10078
Ryan Gino
Chapter 13
#5.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Ryan Gino Represented By
Amanda G Billyard
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10197
Phillip Brown
Chapter 13
#6.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Phillip Brown Represented By Amanda G Billyard
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10244
Yolanda Valdivia
Chapter 13
#7.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 15
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Yolanda Valdivia Represented By Stephen L Burton
Movant(s):
Deutsche Bank National Trust Represented By Sean C Ferry
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10326
Erika Jeanette Baker and Dustin Alan Baker
Chapter 13
#8.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Erika Jeanette Baker Represented By Andy C Warshaw
Joint Debtor(s):
Dustin Alan Baker Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10134
Pedro Zamora
Chapter 13
#9.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED 2-3-2020 - (DOCKET NO. [9])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Pedro Zamora Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10204
Ali Barkhordar
Chapter 13
#10.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED 2-10-2020 - (DOCKET NO. [8])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Ali Barkhordar Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:14-16083
Jann Kempton
Chapter 13
#1.00
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; 12-16-19
Docket 159
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire whether the Debtor is now current with plan payments.
Party Information
Debtor(s):
Jann Kempton Represented By David R Chase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:15-13736
Jamshid Parvin
Chapter 13
#2.00
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding [11 U.S.C. 1307(c)(6)]
(Motion filed 1/29/20)
(Notice of Motion filed 1/29/20)
Docket 46
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire of the Chapter 13 Trustee whether the plan is now current in view of Debtor's alleged payment of $4,614.82.
Party Information
Debtor(s):
Jamshid Parvin Represented By
James D. Hornbuckle
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:17-13058
Monica Lin Mathers
Chapter 13
#3.00
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 1/6/20)
(Opposition filed 1/16/20) (Notice of Hearing filed 1/16/20)
Docket 56
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the hearing to April 22, 2020 at 3:00 p.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Monica Lin Mathers Represented By Justin D Irish
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:18-11797
Teresa Ruiz
Chapter 13
#4.00
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 1/6/20)
(Opposition filed 1/21/20)
Docket 42
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Teresa Ruiz Represented By
Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-10670
Edgar Sebastian Vazquez and Ligia Vazquez
Chapter 13
#5.00
Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 2/3/2020)
Docket 45
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion and dismiss the case with a 180 day bar to re- filing.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Edgar Sebastian Vazquez Represented By Christopher J Langley
Joint Debtor(s):
Ligia Vazquez Represented By Christopher J Langley
3:00 PM
CONT...
Trustee(s):
Edgar Sebastian Vazquez and Ligia Vazquez
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-13965
Luis E Sanchez
Chapter 13
#6.00
Hearing RE: Application For Allowance Of Fees And Expenses Following Dismissal Or Conversion Of Chapter 13 Case Subject To A Rights And Responsibilities Agreement (RARA) For The Period From October 10, 2019 Through February 7, 2020
(Application filed 2/10/2020)
[RE: DAVID CHASE - Attorney For Debtor] Fee: $1,000.00; Expenses: $0.00]
Docket 38
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING APPLICATION ENTERED 2-28-2020 - (DOCKET NO. [43])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Luis E Sanchez Represented By David R Chase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-14772
Lilia Margarita Lopez de Aguilera
Chapter 13
#7.00
Hearing RE: Debtor's Motion To Avoid Junior Lien On Principal Residence With RoundPoint Mortgage
(Motion filed 2/26/20)
[RE: 521 N. College Street, La Habra, CA 90631]
Docket 22
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Debtor's appraisal indicates the subject property has a fair market value of $493,000. The proof of claim filed by the first trust deed holder asserts a secured claim of
$295,076.99. This leaves $197,923.01 of value junior to the first trust deed.
Roundpoint, the second trust deed holder, asserts a secured claim of $78,338.01. This would appear to be a fully secured claim.
The Motion is denied because Roundpoint's claim is fully in the money as a secured claim.
ROUNDPOINT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
3:00 PM
CONT...
Debtor(s):
Lilia Margarita Lopez de Aguilera
Party Information
Chapter 13
Lilia Margarita Lopez de Aguilera Represented By
Anthony P Cara
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:18-13760
Juana Pierda Mondragon
Chapter 13
#8.00
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 2/7/20) (Opposition filed 2/20/20)
(Set per Notice of Hearing filed 2/20)
Docket 104
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will grant the Motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Juana Pierda Mondragon Represented By Bryn C Deb
3:00 PM
CONT...
Trustee(s):
Juana Pierda Mondragon
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
10:00 AM
6:19-21047
Arthur Cohen and Julie F Cohen
Chapter 7
#1.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and Bank of the West, in the amount of $16,515.09
Re: 2017 Hyundai Elantra
Docket 16
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the hearing to May 14, 2020 at 10:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Arthur Cohen Represented By Matthew D. Resnik
Joint Debtor(s):
Julie F Cohen Represented By
Matthew D. Resnik
10:00 AM
CONT...
Trustee(s):
Arthur Cohen and Julie F Cohen
Chapter 7
Lynda T. Bui (TR) Pro Se
10:00 AM
6:19-20722
George Bogdon
Chapter 7
#2.00
Hrg. on approval of Reaffirmation Agreement filed 2/21/20 Between Debtor and SchoolsFirst Federal Credit Union, in the amount of $9,614.84
Re: 2016 Nissan Sentra
Docket 9
*** VACATED *** REASON: Amended Reaffirmation Agreement filed 3/18/2020
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
George Bogdon Represented By Priscilla C Solario
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
Adv#: 6:17-01273 Havasu Lakeshore Investments v. Fleming, Jr et al
#1.00
STATUS CONFERENCE Hearing RE: lawsuit pending in State Court to Bankruptcy Court
(Notice of Removal filed 12/13/17)
[RE: Superior Court Of The State Of California For The County Of Orange, Case No 30-2015-00805846-CU-FRCJC ]
[Case: Havasu Lakeshore Investments, LLC v. Terry L. Fleming, Sr. et al., ]
Docket 0
*** VACATED *** REASON: Cont. to 5/21/20 @ 9:00 a.m. by order signed on 4/3/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
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
9:00 AM
CONT...
Terry Lee Fleming, Sr
James E Till Michael B Reynolds
Chapter 11
Plaintiff(s):
Havasu Lakeshore Investments Represented By Martin A Eliopulos
9:00 AM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
Adv#: 6:17-01272 Fleming, Sr et al v. Doucette et al
#2.00
STATUS CONFERENCE Re: 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; 1/16/20
Docket 0
*** VACATED *** REASON: Cont. to 5/21/20 @ 9:00 a.m. by order signed on 4/3/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
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
Plaintiff(s):
Terry Lee Fleming Sr Represented By
9:00 AM
CONT...
Terry Lee Fleming, Sr
James E Till James E Till James E Till
Chapter 11
Havasu Lakeshore Investments Represented By Martin A Eliopulos
9:00 AM
6:19-13021
Jesus J Gonzalez
Chapter 7
Adv#: 6:19-01081 Medrano v. GONZALEZ
#3.00
Hrg. on Order to Show Cause why this adversary proceeding should not be dismissed for failure to comply with court orders
Docket 0
*** VACATED *** REASON: Order Dismissing adversary case entered on 4/8/20 -jc
Tentative Ruling:
Party Information
Debtor(s):
Jesus J Gonzalez Represented By Lazaro E Fernandez
Defendant(s):
JESUS GONZALEZ Pro Se
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
6:19-14502
Caribou Energy Corporation
Chapter 7
#4.00
STATUS CONFERENCE re: 7 Involuntary Petition Against a Non-Individual
Docket 1
*** VACATED *** REASON: PER STATUS REPORT FILED 3/26/20 -
slh Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Caribou Energy Corporation Pro Se
9:00 AM
6:19-16416
Carmencita Pacia
Chapter 7
Adv#: 6:20-01008 Anderson v. Pacia
#5.00
STATUS CONFERENCE re: Complaint by Karl T Anderson against Maria Victoria Pacia. (Charge To Estate). ($350.00) (Attachments: # 1 Adversary Cover Sheet # 2 Summons) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer))
Docket 1
*** VACATED *** REASON: Cont. to 5/7/20 @ 9:00 a.m. by order signed on 4/1/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Carmencita Pacia Represented By Natalie A Alvarado
Defendant(s):
Maria Victoria Pacia Pro Se
Joint Debtor(s):
Rolando Pacia Represented By Natalie A Alvarado
Plaintiff(s):
Karl T Anderson Represented By Robert P Goe Ryan S Riddles
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
6:19-16545
DDI Distribution of California LLC
Chapter 7
Adv#: 6:19-01151 Diamond Peo LLC v. Larios et al
#6.00
STATUS CONFERENCE RE: Complaint to avoid and recover transfers pursuant to 11 U.S.C. §§523 and 550
(Cont. from 1/23/20)
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Generally speaking, a chapter 7 trustee is vested with the right to bring all section 548 fraudulent transfer actions on an exclusive basis. The rule is the same as to section 550 causes of action. The Court will require Plaintiff to serve a copy of the complaint on the Chapter 7 Trustee on or before April 30, 2020.
Next status conference: May 14, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
DDI Distribution of California LLC
Chapter 7
DDI Distribution of California LLC Represented By
Mark E Brenner
Defendant(s):
Peter Larios Pro Se
Jose Castellanos Pro Se
Automatiq Pro Se
Plaintiff(s):
Diamond Peo LLC Represented By Charles K Manock
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
6:19-18367
Affordable Auto Repair, Inc.
Chapter 11
#7.00
Hrg. on Chapter 11 Status Conference (Cont. from 12/5/19)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with United States Trustee guidelines and requirements, and the United States Trustee's intentions with respect to the pending motion to dismiss.
Next status conference: TBD. COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Affordable Auto Repair, Inc.
Chapter 11
Affordable Auto Repair, Inc. Represented By Michael Jones
9:00 AM
8:18-13724
David Shomaker
Chapter 13
#1.00
Hearing RE: Motion To Vacate Order Denying Motion For Relief From The Automatic Stay Under 11 U.S.C. 362 With Prejudice, Or In The Alternative, Modify Order Denying Relief From The Automatic Stay With Prejudice (Motion filed 2/13/2020)
Docket 56
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion. The Court's order denying the motion with prejudice is amended to deny the motion without prejudice. The motion for relief from stay may now be re-filed.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
David Shomaker Represented By Ashishkumar Patel
9:00 AM
CONT...
Trustee(s):
David Shomaker
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-10670
Edgar Sebastian Vazquez and Ligia Vazquez
Chapter 13
#2.00
CONT'D Motion for relief from stay [Real Property]
The Bank of New York Mellon Trust Company, N.A. As Successor-In-Interest To All Permitted Successors And Assigns Of JPMorgan Chase Bank, National Association, As Trustee For Specially Underwriting And Residential Finance Trust Mortgage Loan Asset-Backed Certificates, Series 2005-BC3 vs.
DEBTORS
(Motion filed 2/10/2020)
[RE: 1396 Shannon Lane, Costa Mesa, CA 92626]
FR: 3-9-20
Docket 47
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the status of an APO.
Party Information
9:00 AM
CONT...
Debtor(s):
Edgar Sebastian Vazquez and Ligia Vazquez
Chapter 13
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
8:19-11987
Enalasys Corporation
Chapter 11
#3.00
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Imperial Irrigation District vs. DEBTOR (Motion filed 3/6/2020)
[RE: Case Name: Imperial Irrigation District v. Enalasys Corporation, et al.]
[Docket Number: ECU000930]
[Pending In: Superior Court For The State Of California, County Of Imperial]
Docket 96
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to deny the Motion for the reasons stated in the Opposition; this Bankrutpcy Court has jurisdiction over bankruptcy estate property and there is no reason to allow a state court to exercise jurisdiction over this type of property. The Curtis factors favor the Debtor.
9:00 AM
CONT...
Enalasys Corporation
Chapter 11
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Enalasys Corporation Represented By Michael Jones Sara Tidd
9:00 AM
8:19-12299
Manuel Figueroa
Chapter 13
#4.00
Motion for relief from stay [Real Property]
Lakeview Loan Servicing, LLC, And Its Successors And/Or Assignees vs. DEBTOR
(Motion filed 3/9/2020)
[RE: 11791 Kathy Lane, Garden Grove, CA 92840]
Docket 54
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION RE: SETTLED BY STIPULATION - ADEQUATE PROTECTION AGREEMENT - ENTERED 4-9-2020 - (DOCKET NO. [61])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Manuel Figueroa Represented By Andrew Moher
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
#5.00
Motion for relief from stay [Personal Property]
Daimler Trust vs. DEBTOR (Motion filed 3/5/2020)
[RE: 2018 Mercedes-Benz GLC300W4 - VIN No.: WDC0G4KB1JV034111]
Docket 437
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
#6.00
Motion for relief from stay [Personal Property]
Daimler Trust vs. DEBTOR (Motion filed 3/5/2020)
RE: 2018 Mercedes-Benz GLS450W - VIN No.: 4JGDF6EE0JB172697]
Docket 438
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
8:19-13904
Kathy D Gorski and Michael A Gorski
Chapter 11
#7.00
Motion for relief from stay [Personal Property]
Americredit Financial Services, Inc., dba GM Financial vs. DEBTORS (Motion filed 3/6/2020)
[RE: 2016 Cadillac Escalade - VIN No.: 1GYS4KKJ3GR458775]
Docket 80
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Debtors have established that the fair market value of the Cadillac is in the range of
$51,000, which translates into an equity cushion of about $9,000.
This is adequate protection for the Movant, and the Court intends to deny the Motion without prejudice.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
9:00 AM
CONT...
Debtor(s):
Kathy D Gorski and Michael A Gorski
Chapter 11
Kathy D Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
Joint Debtor(s):
Michael A Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
9:00 AM
8:19-14566
Maria Felix
Chapter 11
#8.00
Motion for relief from stay [Real Property]
U.S. Bank National Association As Trustee, Relating To Home Equity Mortgage Trust Series 2007-2, Home Equity Mortgage Pass-Through Certificates, Series 2007-2 vs. DEBTOR
(Motion filed 3/18/2020)
[RE: 7712 Jackson Way A, B, C, D, Buena Park, California 90620]
Docket 48
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
Maria Felix Represented By
Michael Jones
9:00 AM
CONT...
Maria Felix
Sara Tidd
Chapter 11
9:00 AM
8:19-14865
Ice Energy Holdings, Inc.
Chapter 7
#9.00
Motion for relief from stay [Personal Property]
Ally Financial, Inc. vs. DEBTOR (Motion filed 3/16/2020)
[RE: 2018 Dodge RAM 2500 - VINNo.: 3C6UR4HJ7JG356106]
Docket 73
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Ice Energy Holdings, Inc.
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Michael J. Weiland
9:00 AM
8:19-14865
Ice Energy Holdings, Inc.
Chapter 7
#10.00
Motion for relief from stay [Personal Property]
Ally Financial, Inc. vs.. DEBTOR (Motion filed 3/16/2020)
[RE: 2019 Dodge Ram - VIN No.: 1C6RR6ST0KS598516]
Docket 74
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
Ice Energy Holdings, Inc.
Party Information
Chapter 7
Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Michael J. Weiland
9:00 AM
8:19-14865
Ice Energy Holdings, Inc.
Chapter 7
#11.00
Motion for relief from stay [Personal Property]
Ally Financial, Inc. vs. DEBTOR (Motion filed 3/16/2020)
[RE: 2019 Dodge RAM 1500 - VIN No.: 1C6RRENT7KN579627]
Docket 75
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
Ice Energy Holdings, Inc.
Party Information
Chapter 7
Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Michael J. Weiland
9:00 AM
8:19-14865
Ice Energy Holdings, Inc.
Chapter 7
#12.00
Motion for relief from stay [Personal Property]
Ally Financial, Inc. vs. DEBTOR (Motion filed 3/16/2020)
[RE: 2019 Dodge RAM 1500 - VIN No.: 1C6RREGT8KN596305]
Docket 76
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
Ice Energy Holdings, Inc.
Party Information
Chapter 7
Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Michael J. Weiland
9:00 AM
8:19-14865
Ice Energy Holdings, Inc.
Chapter 7
#13.00
Motion for relief from stay [Personal Property]
Ally Financial, Inc. vs. DEBTOR (Motion filed 3/16/2020)
[RE: 2018 Dodge Ram Promaster - VIN No.: ZFBERFAB0J6L40037]
Docket 77
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
Ice Energy Holdings, Inc.
Party Information
Chapter 7
Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Michael J. Weiland
9:00 AM
8:19-14865
Ice Energy Holdings, Inc.
Chapter 7
#14.00
Motion for relief from stay [Personal Property]
Ally Financial, Inc. vs. DEBTOR (Motion filed 3/16/2020)
[RE: 2018 Dodge Ram Promaster - VIN No.: ZFBERFAB2J6L41707]
Docket 78
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
Ice Energy Holdings, Inc.
Party Information
Chapter 7
Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Michael J. Weiland
9:00 AM
8:19-14865
Ice Energy Holdings, Inc.
Chapter 7
#15.00
CONT'D Motion for relief from stay [Unlawful Detainer] RREEF CPIF 1575 Sunflower, LLC vs. DEBTOR
(Motion filed 1/2/20)
[RE: 1575 Sunflower Avenue, Costa Mesa, CA 92926]
FR: 1-27-20; 2-10-20; 3-23-20
Docket 12
*** VACATED *** REASON: OFF CALENDAR - WITHDRAWAL OF MOTION FOR RELIEF FROM STAY FILED 3-31-2020 - (DOCKET NO. [112])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
8:20-10821
Sherine Louise Tate
Chapter 7
#16.00
Motion for relief from stay [Personal Property]
Cab West vs. DEBTOR (Motion filed 3/19/2020)
[RE: 2018 Lincoln MKZ - VIN: 3LN6L5MU4JR615837]
Docket 10
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
Sherine Louise Tate
Party Information
Chapter 7
Sherine Louise Tate Represented By Joseph M Tosti
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
8:20-10598
Jose Pedro Bautista and Silvia Ruth Bautista
Chapter 7
#17.00
Motion for relief from stay [Personal Property]
Santander Consumer USA Inc. vs. DEBTORS (Motion filed 3/17/2020)
[RE: 2018 Nissan Sentra - VIN No.: 3N1AB7AP6JY345529]
Docket 8
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
Jose Pedro Bautista and Silvia Ruth Bautista
Party Information
Chapter 7
Jose Pedro Bautista Represented By Charles W Daff
Joint Debtor(s):
Silvia Ruth Bautista Represented By Charles W Daff
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
8:19-14709
Ramon R Gregorio
Chapter 7
#18.00
CONT'D Motion for relief from stay [Personal Property]
American Honda Finance Corporation vs. DEBTOR; And Weneta M. Kosmala,
Chapter 7 Trustee (Motion filed 1/30/20)
[RE: 2015 Honda Civic - VIN: No.: 2HGF B2F5 3FH5 47868]
FR: 2-24-20; 3-23-20
Docket 8
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Ramon R Gregorio
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Ramon R Gregorio Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#1.00
CONT'D Hearing RE: Trustee's Amended Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 12/12/19) (Amended Final Report filed 12/20/19)
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $21,096.11; Expenses: $0.00]
[RE: WEILAND GOLDEN GOODRICH, LLP - Attorney For Chapter 7 Trustee]
[Fees: $0.00; Expenses: $0.00]
[RE: SHULMAN BASTIAN, LLP - Special Counsel For Chapter 7 Trustee] [Fees: $0.00; Expenses: $0.00]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $0.00; Expenses: $0.00]
Prior Chapter Fees And Administrative Expenses: [RE: THE DILLINGER LAW FIRM PC]
[Prior Chapter Administrative Expenses - Claim No. 19 - $52,576.61]
[RE: SHULMAN HODGES & BASTIAN LLP - Attorney For Debtor-In- Possession]
[Fees: $0.00; Expenses: $0.00]
FR: 1-27-20; 2-24-20
Docket 298
*** VACATED *** REASON: CONTINUED TO MAY 18, 2020 AT 2:00
P.M. PER ORDER CONTINUING HEARING ON TRUSTEE'S AMENDED FINAL REPORT AND APPLICATIONS ENTERED 4-8-2020 - (DOCKET NO. [333] )
Tentative Ruling:
2:00 PM
CONT...
JoJo's Pizza Kitchen Inc
Chapter 7
- NONE LISTED -
Debtor(s):
Party Information
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen Melissa Davis Lowe
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#2.00
CONT'D Hearing RE: First And Final Application For Approval Of Chapter 11 Fees And Reimbursement Of Expenses For The Period From January 7, 2013 Through September 24, 2014
(Motion filed 1/7/29)
[RE: SHULMAN BASTIAN LLP - Counsel For The Chapter 11 Debtors] [Fees: $180,257.00; Expenses: $9,248.24]
FR: 1-27-20; 2-24-20
Docket 306
*** VACATED *** REASON: CONTINUED TO MAY 18, 2020 AT 2:00
P.M. PER ORDER CONTINUING HEARING ON FIRST AND FINAL APPLICATION AND EXPENSES ENTERED 4-8-2020 - (DOCKET NO. [332])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen Melissa Davis Lowe
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#3.00
CONT'D Hearing RE: Trustee's Amended Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 12/12/19) (Amended Final Report filed 12/20/19)
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $20,847.49; Expenses: $10.00]
[RE: WEILAND GOLDEN GOODRICH, LLP - Attorney For Chapter 7 Trustee]
[Fees: $78,860.00; Expenses: $1,901.26]
[RE: SHULMAN BASTIAN, LLP - Special Counsel For Chapter 7 Trustee] [Fees: $60,339.24; Expenses: $1,408.67]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $30,198.00; Expenses: $1,266.50]
Prior Chapter Fees And Administrative Expenses: [RE: THE DILLINGER LAW FIRM PC]
[Prior Chapter Administrative Expenses - Claim No. 23 - $26,288.38]
[RE: SHULMAN HODGES & BASTIAN LLP - Attorney For Debtor-In- Possession]
[Fees: $177,973.00; Expenses: $10,020.18]
FR: 1-27-20; 2-24-20
Docket 301
*** VACATED *** REASON: CONTINUED TO MAY 18, 2020 AT 2:00
P.M. PER ORDER CONTIUING HEARING ON TRUSTEE'S AMENDED FINAL REPORT AND APPLICATIONS ENTERED 4-8-2020 - (DOCKET NO. [331])
Tentative Ruling:
2:00 PM
CONT...
JoJo's Pizza Kitchen Inc
Chapter 7
- NONE LISTED -
Debtor(s):
Party Information
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen Melissa Davis Lowe
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#4.00
Hearing RE: Objection To Claim:
(Motion filed 2/24/20)
Claim No.: 9 Private Money Solutions, Inc. $40,108.16
Docket 314
*** VACATED *** REASON: OFF CALENDAR - WITHDRAWAL OF CLAIM FILED 3-10-2020 - (DOCKET NO. [330])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen Melissa Davis Lowe
2:00 PM
8:11-21301
Joseph Group, Inc
Chapter 7
#5.00
Hearing RE: Objection To Claim:
(Motion filed 2/24/20)
Claim No.: 12 Chino Commercial Bank $116,464.09
Docket 51
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to sustain the Objection and disallow Claim No. 12 in its entirety.
On a separate topic, the Court will inquire whether the Trustee intends to object to other claims in these cases.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Joseph Group, Inc Represented By Melissa Davis Lowe Leonard M Shulman
2:00 PM
CONT...
Trustee(s):
Joseph Group, Inc
Chapter 7
Jeffrey I Golden (TR) Represented By Melissa Davis Lowe Beth Gaschen
2:00 PM
8:18-10607
Nicole Clarisa Sadler
Chapter 7
#6.00
Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 3/6/2020)
[RE: THOMAS H. CASEY, Chapter 7 Trustee] [Fees: $21,741.90; Expenses: $331.74]
[RE: THOMAS H. CASEY, ESQ. - Attorney For Trustee] [Fees: $52,918.50; Expenses: $3,185.76]
[RE: HAHN FIFE & COMPANY - Accountant For Trustee] [Fees: $2,656.00; Expenses: $390.18]
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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
2:00 PM
CONT...
Nicole Clarisa Sadler
Chapter 7
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
$21,741.90 and expenses in the amount of $331.74.
The compensation is approved as to Thomas Casey, with fees in the amount of
$51,250.00 and expenses in the amount of $3,185.76.
The compensation is approved as to Hahn Fife & Company, with fees in the amount of $2,656.00 and expenses in the amount of $390.18.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Nicole Clarisa Sadler Pro Se
Trustee(s):
Thomas H Casey (TR) Represented By Thomas H Casey
2:00 PM
8:19-11218
US Direct LLC
Chapter 7
#7.00
Hearing RE: Chapter 7 Trustee's Motion For Order Compelling Examination Of And Production Of Documents By Derek Doherty Pursuant To Federal Rule Of Bankruptcy Procedure 2004
(Motion filed 3/13/20)
Docket 186
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Chapter 7 Trustee Jeffrey I. Golden (the "Trustee") moves for an order compelling Mr. Derek Doherty ("Mr. Doherty"), allegedly a former officer of debtor US Direct, LLC, to testify at a Bankruptcy Rule 2004 examination and to produce documents. Mr. Doherty opposes the motion on the ground that the testimony he likely would be required to give at such an examination and the documents he likely will be required to produce have the potential to incriminate him and therefore would violate his Fifth Amendment privilege against self-incrimination. Mr. Doherty asks this Court to grant him use immunity with respect to such matters.
In his reply to Mr. Doherty’s opposition, the Trustee makes the point that neither the Trustee nor this Court can properly evaluate Mr. Doherty’s invocation of Fifth
2:00 PM
CONT...
US Direct LLC
Chapter 7
Amendment privilege and therefore the Court "should require Doherty to explain the basis for his invocation of the Fifth Amendment and his request for immunity."
Bankruptcy Code section 344 provides that "[i]mmunity for persons required to submit to examination, to testify, or to provide information in a case under this title may be granted under part V of title 18." The application of part V of title 18 is discussed at length in Turner v. Wlodarski (In re Minton Group, Inc.), 43 B.R. 705 (Bankr. S.D.N.Y. 1984). The bankruptcy court in that case indicated the there are four basic steps to be satisfied before a witness may be granted immunity in a bankruptcy case. First, the witness must refuse to testify or provide information.
Unless Mr. Doherty changes his mind about testifying, this has already occurred. Second, a party in interest, such as the bankruptcy trustee – here, the Trustee – must get the United States Attorney for the Central District of California to seek the approval of the Attorney General of the United States or a designated Assistant Attorney General, to apply for an immunity order. Third, before the United States Attorney applies for such approval, the United States Attorney must be satisfied that the testimony or other information from the witness is necessary to the public interest and that the witness has refused, or is likely to refuse, to testify or provide information on the basis of a claimed privilege. Fourth, if the Attorney General or a designated Assistant Attorney General approves the immunity approach, the United States Attorney may then apply for an immunity order from the United States District Court for the Central District of California – not the bankruptcy court.
As the Court sees it, the next step in the process is for this Court to hold an in camera evidentiary hearing at which Mr. Doherty would testify to the facts he alleges support his contention that his testimony at a Section 2004 examination (and documents he is likely to be required to produce) would be incriminating. The only persons present at the hearing would be the Court, the DECRO, Mr. Doherty and Mr. Doherty’s counsel. The record of the proceeding will be sealed. If the Court determines after such hearing that Mr. Doherty’s assertion of Fifth Amendment is
2:00 PM
CONT...
US Direct LLC
Chapter 7
not well founded, the Court would reject the privilege claim and order Mr. Doherty to testify and/or produce documents. If the Court determines that the assertion of Fifth Amendment privilege is well-founded, the Court would sustain the claim of privilege and enter an order to that effect (of course, without specifying the reasons for the Court’s decision, which would appear only in a sealed memorandum decision). The full text of the order, but not the memorandum decision, would appear on the docket and would be publicly-available. The Trustee then would have the option of contacting the United States Attorney for the Central District of California and requesting a grant of use immunity. However, there is no guarantee that the United States Attorney would agree to such a request, or that the Attorney General or an Assistant Attorney General would agree or that the United States District Court for the Central District of California would grant use immunity. What is clear to the Court, however, is that this process would have the effect of bringing Mr. Doherty and US Direct, LLC and this entire matter to the direct and specific attention of the United States Attorney and/or his assistants.
The Court sets an in camera evidentiary hearing for June 29, 2020 at 3:00 p.m. Mr. Doherty is ordered to personally appear at such hearing and to testify to his ground for assertion of Fifth Amendment privilege. The record of the hearing will be sealed. The only persons permitted to appear at such hearing other than the Court and the DECRO will be Mr. Doherty and Mr. Doherty’s counsel.
The hearing on Mr. Golden’s motion to compel Mr. Doherty’s testimony and production of documents in connection with a Rule 2004 examination is continued to August 10, 2020 at 2:00 p.m.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
US Direct LLC Pro Se
2:00 PM
CONT...
Trustee(s):
US Direct LLC
Chapter 7
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
2:00 PM
8:19-13904
Kathy D Gorski and Michael A Gorski
Chapter 11
#8.00
Hearing RE: Motion For Order: (1) Approving Sale Of Real Property Free And Clear Of Liens; (2) Authorizing Disbursement Of Sale Proceeds
(Motion filed 3/17/2020)
Docket 84
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court is concerned that the coronavirus pandemic will chill bidding on the subject property and chill appearances by potential overbidders. Consequently, the Court continues the hearing on the sale motion to May 18, 2020 at 2:00 p.m.
The Court has reviewed the Conditional Non-Opposition of CitiMortgage, Inc. ("Citi") and agrees that the terms required by Citi should be incorporated into the sale order when it is eventually entered.
The Court has also reviewed the Limited Opposition filed by the United States of America on behalf of the Internal Revenue Service ("IRS"). The Court agrees with the IRS that the debtors in possession must disclose in a filed pleading the anticipated federal and California income tax consequences of the proposed sale and must discuss in such pleading how any income taxes resulting from the sale will
2:00 PM
CONT...
Kathy D Gorski and Michael A Gorski
Chapter 11
be paid. Such pleading shall be filed on or before April 30, 2020.
The Court agrees with the IRS that the debtors in possession must fully comply with the requirements of Local Bankruptcy Rule 6004-1(f) as concerns the notice of sale. The notice must provide that the sale is subject to overbid and indicate that any objection to the sale shall be filed on or before May 1, 2020 with any reply to an objection due on or before May 8, 2020.
The Court rejects the IRS’s argument that the $25,000 minimum bidding increment is excessive.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Kathy D Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
Joint Debtor(s):
Michael A Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
2:00 PM
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#9.00
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 3/16/2020)
Docket 376
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF MOTION FILED 3-19-2020 - (DOCKET NO. [381])
Tentative Ruling:
- NONE LISTED -
Party Information
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
8:19-11987
Enalasys Corporation
Chapter 11
#10.00
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 2/26/20)
Docket 85
*** VACATED *** REASON: OFF CALENDAR - VOLUNTARY DISMISSAL OF U.S. TRUSTEE'S MOTION FILED 3-6-2020 - (DOCKET NO. [94])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Enalasys Corporation Represented By Michael Jones Sara Tidd
2:00 PM
8:19-14489
Luis Daniel Ochoa
Chapter 11
#11.00
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 2/26/20)
Docket 42
*** VACATED *** REASON: OFF CALENDAR - VOLUNTARY DISMISSAL OF U.S. TRUSTEE'S MOTION FILED 3-3-2020 - (DOCKET NO. [46])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Luis Daniel Ochoa Represented By Anerio V Altman
9:00 AM
6:19-18737
Luis A Perez and Cassandra Perez
Chapter 7
#1.00
Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay
Toyota Motor Credit Company vs. DEBTORS (Motion filed 3/18/20)
Re: 2017 TOYOTA RAV4
Docket 27
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Luis A Perez and Cassandra Perez
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Luis A Perez Represented By
Claudia C Osuna
Joint Debtor(s):
Cassandra Perez Represented By Claudia C Osuna
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
6:19-20152
Murray Altman
Chapter 7
#2.00
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
Select Portfolio Servicing Inc. vs. DEBTOR (Motion filed 3/10/20)
Re: 54885, Inverness Way, La Quinta, California 92253
Docket 80
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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 the 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 real property has a value that is less than the value of the perfected deed of trust or mortgage in favor of the movant. The court finds there is no equity and there is no evidence that the trustee can administer the subject real property for the benefit of creditors.
9:00 AM
CONT...
Murray Altman
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Trustee(s):
Arturo Cisneros (TR) Represented By Thomas H Casey
9:00 AM
6:19-20880
Christian Miguel Fernandez and Elka Elizabeth Fernandez
Chapter 7
#3.00
ZBS Law, LLP - movant attorney Motion for Relief from Stay
Lakeview Loan Servicing, LLC vs. DEBTORS (Motion filed 3/17/20)
Re: 4191 BLACKWOOD ST, NEWBURY PARK, CA 91320
Docket 24
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and 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.
9:00 AM
CONT...
Christian Miguel Fernandez and Elka Elizabeth Fernandez
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Christian Miguel Fernandez Represented By Aaron Lloyd
Joint Debtor(s):
Elka Elizabeth Fernandez Represented By Aaron Lloyd
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
6:20-10043
Andrew Vargas
Chapter 7
#4.00
Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay
Nissan Motor Acceptance Corporation vs. DEBTOR (Motion filed 3/6/20)
Re: 2017 Nissan Rogue
Docket 16
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Andrew Vargas
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Andrew Vargas Represented By
M. Wayne Tucker
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
6:20-10145
Lance E Lillie and Sandra L Lillie
Chapter 7
#5.00
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
Nationstar Mortgage LLC vs. DEBTORS (Motion filed 3/16/20)
Re: 29599 Chaparral Way, Canyon Lake, California 92587
Docket 14
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to deny the Motion. The Movant is adequately protected by a
$238,200 equity cushion. Overall equity in the property (taking all liens into account) is about $180,000.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Lance E Lillie Represented By
9:00 AM
CONT...
Lance E Lillie and Sandra L Lillie
Jeffrey B Smith
Chapter 7
Joint Debtor(s):
Sandra L Lillie Represented By Jeffrey B Smith
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
6:20-10455
Sandra Scritsmier
Chapter 7
#6.00
McCarthy & Holthus, LLP - movant Motion for Relief from Stay
Wells Fargo Bank vs. DEBTOR (Motion filed 3/18/20)
Re: 9350 Scenic Lane, Moreno Valley, CA 92557
Docket 16
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Sandra Scritsmier
Chapter 7
The movant may contact the debtor to comply with California Civil Code § 2923.5. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Sandra Scritsmier Represented By Clay E Presley
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
6:20-10946
MAGDA GONZALEZ GUZMAN
Chapter 7
#7.00
Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 3/18/20)
Re: 2018 Toyota Corolla with Proof of Service
Docket 12
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
MAGDA GONZALEZ GUZMAN
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
MAGDA GONZALEZ GUZMAN Represented By
David A Akintimoye
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
6:20-10998
Deyanira V Brandon
Chapter 7
#8.00
Law Office of Cheryl A. Skigin - movant attorney Motion for Relief from Stay
BMW Financial Services NA, LLC vs. DEBTOR (Motion filed 2/27/20)
Re: 2013 MINI Countryman Cooper Hatchback 4D
Docket 10
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Deyanira V Brandon
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Deyanira V Brandon Represented By Daniel King
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
6:20-11026
Sheilah Ann T Bates
Chapter 7
#9.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Santander Consumer USA Inc. vs. DEBTOR, Steven M. Speier, trustee (Motion filed 3/10/20)
Re: 2016 Toyota Prius, VIN: JTDKARFU1G3506983
Docket 13
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Sheilah Ann T Bates
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Sheilah Ann T Bates Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
6:14-14532
Reth Neang
Chapter 7
#1.00
Hrg. on approval of trustee's final report and applications for compensation
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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 $1,267.64 and expenses in the amount of $20.25.
2:00 PM
CONT...
Reth Neang
Chapter 7
Bond payments are approved in the amount of $2.88.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Reth Neang Represented By
Yolanda Flores-Burt
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
6:15-14464
AVT, Inc.
Chapter 7
#2.00
Hrg. on Trustee's Final Report and Applications for Compensation (Cont. from 3/17/20)
Docket 673
*** VACATED *** REASON: Cont. to 6/30/20 @ 2:00 p.m. by order signed on 4/9/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
AVT, Inc. Pro Se
Trustee(s):
Charles W Daff (TR) Represented By Cathrine M Castaldi Samuel A Moniz
2:00 PM
6:16-20446
BioData Medical Laboratories, Inc.
Chapter 7
#3.00
Hrg. on chapter 7 trustee's Motion filed 3/2/20 for Entry Of Order: (A) Disallowing Chapter 7 Administrative Expense Priority Claim Asserted By Abbott Laboratories Inc. [Doc. No. 538], In Part; (B) Disallowing Chapter 7 Administrative Expense Priority Claim Asserted By Siemens Healthcare Diagnostics Inc. [Doc. No. 539]; And (C) Allowing All Other Chapter 7 Administrative Expense Priority Claims
Docket 650
*** VACATED *** REASON: Cont. to 5/5/20 @ 2:00 p.m. by order signed and entered on 4/7/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
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 Kurt Ramlo
2:00 PM
6:19-15128
Nadia Ahmad
Chapter 7
#4.00
Hrg. on creditor, County of Los Angeles' Motion filed 2/24/20 for Third extension of time to file a complaint objecting to discharge or dischargeability of Specific Debts Pursuant to 11 U.S.C. §§ 727 and 523
Docket 33
*** VACATED *** REASON: Order entered 3/13/20 granting motion - jc Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Nadia Ahmad Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
8:15-13556
John Olaf Halvorson
Chapter 7
#1.00
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; 10-16-19
Docket 282
*** VACATED *** REASON: CONTINUED TO OCTOBER 21, 2020 AT 9:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE RE: MOTION FOR ORDER TO SHOW CAUSE ENTERED 4-3-2020 - (DOCKET NO. [403])
Tentative Ruling:
- NONE LISTED -
Party Information
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
8:15-13556
John Olaf Halvorson
Chapter 7
#2.00
CONT'D STATUS CONFERENCE Hearing RE: Status Of Chapter 7 Case (Set per Order Entered 7/31/19)
FR: 10-16-19
Docket 0
*** VACATED *** REASON: CONTINUED TO OCTOBER 21, 2020 AT 9:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 12-16-19 - (DOCKET NO. [400] - nlb
Tentative Ruling:
- NONE LISTED -
Party Information
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
8:15-13556
John Olaf Halvorson
Chapter 7
Adv#: 8:15-01382 Baek 124th, LLC et al v. Halvorson et al
#3.00
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; 10-16-19
Docket 1
*** VACATED *** REASON: CONTINUED TO OCTOBER 21, 2020 AT 9:00 A.M. PER ORDER EXTENDING STAY OF ADVERSARY PROCEEDING AND CONTINUING STATUS CONFERENCE ENTERED 4-1-2020 - (DOCKET NO. [124])
Tentative Ruling:
- NONE LISTED -
Party Information
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
Plaintiff(s):
Baek 124th, LLC Represented By Christopher N Coyle
9:00 AM
CONT...
John Olaf Halvorson
Misty A Perry Isaacson Corey B. Tolliver
Chapter 7
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 Corey B. Tolliver
RGJ Baek, LLC Represented By Christopher N Coyle
9:00 AM
CONT...
John Olaf Halvorson
Misty A Perry Isaacson Corey B. Tolliver
Chapter 7
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
8:15-13556
John Olaf Halvorson
Chapter 7
Adv#: 8:15-01454 Baek v. Halvorson et al
#4.00
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;
10-16-19
Docket 1
*** VACATED *** REASON: CONTINUED TO OCTOBER 21, 2020 AT 9:00 A.M. PER ORDER STAYING ADVERSARY PROCEEDING AND SETTING FURTHER STATUS CONFERENCE ENTERED 12-16-19 - (DOCKET NO. [500])
Tentative Ruling:
- NONE LISTED -
Party Information
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
CONT...
Trustee(s):
John Olaf Halvorson
Misty A Perry Isaacson Corey B Tolliver
Ali Matin
Steven J. Katzman Kyle Kveton
Chapter 7
Weneta M Kosmala (TR) Represented By Reem J Bello
9:00 AM
8:15-13556
John Olaf Halvorson
Chapter 7
Adv#: 8:17-01119 Kosmala v. Pacific Commercial Group, LLC et al
#5.00
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;
10-16-19
9:00 AM
CONT...
John Olaf Halvorson
Docket 1
Chapter 7
*** VACATED *** REASON: CONTINUED TO OCTOBER 21 AT 9:00
A.M. PER HEARING HELD IN ADVERSARY 8:18-AP-01119-MW ON 12-2
-19
Tentative Ruling:
NONE LISTED -
Party Information
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
CONT...
John Olaf Halvorson
Chapter 7
9:00 AM
8:15-13556
John Olaf Halvorson
Chapter 7
Adv#: 8:19-01191 Baek et al v. Halvorson et al
#6.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint (Fraudulent Transfer; Constructive/Resulting Trust)
(Complaint filed 3/26/19) FR: 10-16-19
Docket 1
*** VACATED *** REASON: CONTINUED TO OCTOBER 21, 2020 AT 9:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE AND EXTENDING STAY OF ADVERSARY PROCEEDING ENTERED 4-1-2020
- (DOCKET NO. [13])
Tentative Ruling:
NONE LISTED -
Party Information
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 Guillermo Cabrera
9:00 AM
CONT...
John Olaf Halvorson
Peter W Bowie
Chapter 7
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
Trustee(s):
Weneta M Kosmala (TR) Represented By
9:00 AM
CONT...
John Olaf Halvorson
Reem J Bello Faye C Rasch Jeffrey I Golden
Chapter 7
9:00 AM
8:15-15311
Freedom Communications, Inc.
Chapter 11
#7.00
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; 11-13-19
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into: (1) the Debtor's compliance with UST guidelines and requirements, (2) the status of the proposed Christian/Etaros Settlement in District Court, and (3) the potential magnitude of the ten refunds.
Next status conference: Septermber 9, 2020 at 9:00 a.m. with an updated status report due August 26, 2020.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Freedom Communications, Inc.
Chapter 11
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
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01155 Naylor v. Sun et al
#8.00
CONT'D Hearing RE: Defendants, Bianca Sun and Yan Yu Sun's Motion For Protective Order Against Plaintiff's Subpoena To Charles C.H. Wu, Esq. (Motion filed 2/14/20)
(Set per Notice of Motion filed 2/26/20) FR: 3-25-2020
Docket 89
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Defendants expressly and on the record waived attorney-client privilege as to Charles Wu at the deposition of Bianca Sun on December 20, 2019. The motion for a protective order is denied.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
9:00 AM
CONT...
Chester Davenport
Chapter 7
Defendant(s):
Bianca Sun Represented By
Victor S Korechoff
Yan Yu Sun Represented By
Victor S Korechoff
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:18-11759
Chester C Davenport
Chapter 7
Adv#: 8:18-01155 Naylor v. Sun et al
#9.00
PRE-TRIAL 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) (PTC set at S/C held 7/17/19)
9:00 AM
CONT...
Chester C Davenport
Chapter 7
FR: 10-24-18; 3-27-19; 6-19-19; 7-17-19
Docket 1
*** VACATED *** REASON: CONTINUED TO JULY 15, 2020 AT 9:00
A.M. PER ORDER APPROVING STIPULATION - (DOCKET NO. [86]) Tentative Ruling:
Party Information
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
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
Adv#: 8:20-01009 Medley Capital Corporation v. Modern VideoFilm, Inc.
#10.00
STATUS CONFERENCE Hearing RE: Complaint For Declaratory Relief (Complaint filed 1/29/20)
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue this Status Conference to July 22, 2020 at 9:00 a.m. An updated status report is due July 8, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
9:00 AM
CONT...
Modern VideoFilm, Inc.
Chapter 11
Defendant(s):
Modern VideoFilm, Inc. Pro Se
Plaintiff(s):
Medley Capital Corporation Represented By Michael Leary Justin E Rawlins
9:00 AM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
Adv#: 8:20-01009 Medley Capital Corporation v. Modern VideoFilm, Inc.
#11.00
Hearing RE: Motion For Order Dismissing Adversary Action For Failure To State A Claim Upon Which Relief Can be Granted
(Motion filed 2/28/2020)
Docket 18
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Debtor-defendant Modern VideoFilm, Inc. ("MVF") moves to dismiss the Complaint for Declaratory Relief (the "Complaint") filed by Medley Capital Corp. ("Medley"). MVF argues, inter alia, that this Court is divested of jurisdiction over the Complaint by reason of Medley’s appeal of a previous order of this Court denying Medley’s motion for relief from stay with respect to "Various assets of the Debtor pledged as collateral to the Movant, as agent, including Commercial Tort Claims" (the "RFS Order"). Such appeal is currently pending before the United States District Court for the Central District of California (the "District Court").
It is, of course, hornbook law that once an appeal is filed, the lower court loses jurisdiction with respect to the matters that are the subject of the appeal. In re FBI
9:00 AM
CONT...
Modern VideoFilm, Inc.
Chapter 11
Distribution Corp., 267 B.R. 655, 656 (1st Cir. BAP 2001). Thus, an issue before the Court is whether the Complaint seeks action by this Court with respect to matters that are the subject of Medley’s appeal to the District Court.
The RFS Order denied Medley’s motion for relief from stay on the ground that Medley’s description of the assets with respect to which it was requesting automatic stay relief was impermissibly vague. Medley has asserted and continues to assert that it possesses a security interest in MVF’s right, title and interest in and to any and all Commercial Tort Claims arising against non-debtors Moshe Barkat, Hugh Miller and/or Modern VideoFilm Holdings, LLC." Complaint, numbered paragraph
Numbered paragraph 15 of the Complaint defines Medley’s claims arising from such security interests as the "Pledged Commercial Tort Claims." Because Medley’s motion for relief from stay sought relief with respect to pledged "Commercial Tort Claims," and because the RFS Order denied such relief and because the RFS Order is now on appeal to the District Court, it is clear that this Court at the present time is divested of any jurisdiction over an adversary proceeding seeking a declaratory judgment with respect to pledged "Commercial Tort Claims" including the "Pledged Commercial Tort Claims."
Does the Complaint in fact seek such relief?
For an analysis of this issue, the Court turns to the Prayer for Relief set forth on page 9 of 9 of the Complaint, lines 10-19:
WHEREFORE, [Medley] requests entry of a judgment against MVF as follows:
A declaration that the automatic stay does not apply to direct claims, including counterclaims, [Medley], the Lenders, or any other defendant in the Consolidated Action have or may have against any non-debtor individuals or entities, including, without limitation, direct claims they have or may have against the non-debtor Barkat Parties.
9:00 AM
CONT...
Modern VideoFilm, Inc.
Chapter 11
What is especially curious and noteworthy about this Prayer for Relief is that after carefully defining the claims described in numbered paragraph 15 of the Complaint as the "Pledged Commercial Tort Claims," and after carefully defining terms such as "Pledged Claims," "Direct Action," and "[Medley’s] Direct Claims against Non- Debtor’s" in a quintessential lawyer-like manner, all such carefully-defined terms mysteriously fail to appear in the Prayer for Relief and instead the Complaint uses vague and generic terms such as "direct claims," "counterclaims" and "any non- debtor individuals or entities." In this, the Complaint bears more than a passing resemblance to Medley’s motion for relief from stay where the vague generic term "[v]arious assets" was used to describe the type of property with respect to which Medley was requesting (and was ultimately denied) relief from the automatic stay.
This Court cannot at the present time rule out the possibility that "direct claims" and "counterclaims" within the meaning of the Prayer for Relief includes the "Pledged Commercial Tort Claims" so carefully defined in numbered paragraph 15 of the Complaint. Because this Court cannot exercise jurisdiction over matters involving the Pledged Commercial Tort Claims – such matter being on appeal to the District Court – the Court dismisses the Complaint with leave to amend to permit Medley to more carefully craft its prayer for relief so as to precisely delineate what claims are or are not the subject of its adversary proceeding against MVF.
In view of the coronavirus pandemic, the Court stays this adversary proceeding through and including August 31, 2020. The time for Medley to amend its Complaint shall not begin running until September 1, 2020.
MVF’s request for judicial notice is granted.
MVF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By
9:00 AM
CONT...
Modern VideoFilm, Inc.
Garrick A Hollander Andrew B Levin Peter W Lianides
Chapter 11
Defendant(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
Plaintiff(s):
Medley Capital Corporation Represented By Michael Leary Justin E Rawlins
9:00 AM
8:18-13741
James Walter Seidel, Jr.
Chapter 7
Adv#: 8:19-01012 E.D.C. Technologies, Inc. v. Seidel, Jr. et al
#12.00
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint To Determine Dischargeability OF Debt
(Complaint filed 1/14/19)
(Adversary reassigned from Judge Clarkson) (PTC set at S/C held 4/17/19)
FR: 4-3-19; 4-17-19
Docket 1
*** VACATED *** REASON: OFF CALENDAR - FINAL JUDGMENT AND PERMANENT INJUNCTION AGAINST JAMES WALTER SIEDEL, JR. ENTERED 9-19-2019 - (DOCKET NO. [19])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
James Walter Seidel Jr. Represented By Andrew S Bisom
Defendant(s):
James Walter Seidel Jr. Represented By Andrew S Bisom
Andrew S Bisom Pro Se
Molly Marie Seidel Pro Se
Joint Debtor(s):
Molly Marie Seidel Represented By Andrew S Bisom
9:00 AM
CONT...
James Walter Seidel, Jr.
Chapter 7
Plaintiff(s):
E.D.C. Technologies, Inc. Represented By Kathryn E Barrett
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:19-01158 South Coast Behavioral Health, Inc. v. Reliable Fast Cash, LLC et al
#13.00
Hearing RE: Defendants' Motion To Dismiss First Amended Complaint (Motion filed 3/18/2020)
Docket 48
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The First Amended Complaint in its entirety states claims upon which relief can be granted. Defendants obviously disagree with Plaintiff’s contention that California law governs the transactions at issue here. Choice of law rules require an inquiry into matters such as the existence of a substantial relationship between the parties’ transactions and a particular jurisdiction. Plaintiff has adequately pled facts that, if accepted as true, would compel the conclusion that California law applies. Such facts in part appear on page 15 of 104 of the First Amended Complaint.
Defendants argue that the transactions in question are sales of receivables, not loans. This, too, is a fact-intensive issue that in part depends upon the intentions and representations of the parties. Alleged facts pleaded by Plaintiff in the First Amended Complaint, if accepted as true, would make out a case that the
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
transactions at issue here were in fact loans.
Defendants’ argument that Plaintiff received reasonably equivalent value with respect to certain transfers may be included in Defendants’ answer but is not a basis for dismissing relevant causes of action stated in the First Amended Complaint.
Defendants’ remaining arguments are without merit. Defendants’ request for judicial notice is granted.
The motion is denied for the reasons stated above and for the reasons stated in Plaintiff’s opposition to the motion to dismiss.
PLAINTIFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Defendant(s):
Reliable Fast Cash, LLC Represented By Steven R Fox
Mendl Chanin Represented By Steven R Fox
Plaintiff(s):
South Coast Behavioral Health, Inc. Represented By
Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:19-01158 South Coast Behavioral Health, Inc. v. Reliable Fast Cash, LLC et al
#14.00
Hearing RE: Defendants' Motion To Strike Portions Of First Amended Complaint And Request For Judicial Notice
(Motion filed 3/18/2020)
Docket 49
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant the Motion in part:
Numbered items 1, 3, 4, 6, 7, 14, 15, 16, 17, 18, 19, 20, and 21 are stricken.
Numbered items 2, 5, 8, 9, 10, 11, 12, and 13 are not stricken.
RELIABLE FAST CASH TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
Defendant(s):
Reliable Fast Cash, LLC Represented By Steven R Fox
Mendl Chanin Represented By Steven R Fox
Plaintiff(s):
South Coast Behavioral Health, Inc. Represented By
Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:19-01167 Complete Business Solutions Group, Inc. v. South Coast Behavioral Health,
#15.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Ownership In Accounts Receivable And The Proceeds
(Complaint Filed 8/8/19)
[S/C Continued as to West Coast Business Capital, LLC - (ONLY) per Order Entered 10/7/19)]
FR: 11-6-19; 11-27-19; 3-11-20
Docket 1
*** VACATED *** REASON: CONTINUED TO JUNE 3, 2020 AT 9:00
A.M. PER ORDER APPROVING STIPULATION ENTERED 3-2-2020 - (DOCKET NO. [36])
Tentative Ruling:
NONE LISTED -
Party Information
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
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
Plaintiff(s):
Complete Business Solutions Group, Represented By
Karel G Rocha
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:20-01006 South Coast Behavioral Health, Inc. v. 3151 Airway Avenue LLC et al
#16.00
STATUS CONFERENCE Hearing RE: Complaint For Declaratory Relief;
Turnover: Avoidance and Recovery of Avoidable Transfers (Complaint filed 1/24/20)
Docket 1
*** VACATED *** REASON: CONTINUED TO JUNE 3, 2020 PER ANOTHER SUMMONS ISSUED 3-11-2020 - (DOCKET NO. [9])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Defendant(s):
3151 Airway Avenue LLC Pro Se
Nicole Poliquin Pro Se
Charles McPhail Pro Se
Plaintiff(s):
South Coast Behavioral Health, Inc. Represented By
Sean A OKeefe
9:00 AM
8:19-14840
Humberto Benjamin Moya
Chapter 7
Adv#: 8:20-01005 OneMain Financial Group LLC v. Moya
#17.00
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt
[11 U.S.C. Section 523(a)(2)]
(Complaint filed 1/22/20)
Docket 1
*** VACATED *** REASON: CONTINUED TO JUNE 3, 2020 AT 9:00
A.M. PER ANOTHER SUMMONS ISSUED ON 3-11-2020 - (DOCKET NO. [9])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Humberto Benjamin Moya Pro Se
Defendant(s):
Humberto Benjamin Moya Pro Se
Joint Debtor(s):
Julie Robin Moya Pro Se
Plaintiff(s):
OneMain Financial Group LLC Represented By Donald T Dunning
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
8:20-10165
Elie Ghassan Naddour
Chapter 7
#1.00
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Santander Consumer USA Inc. dba Chrysler Capital As Servicer For CCAP Auto Lease Ltd. (Motion filed 2/21/2020)
[RE: 2019 Jeep Grand Cherok - Amount: $7,480.84]
[Plus All Amounts Due Under The Lease At The Termination Of The Lease] [VIN No.: 1C4RJEAG5KC835896]
Docket 10
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Elie Ghassan Naddour Represented By Bert Briones
10:00 AM
CONT...
Trustee(s):
Elie Ghassan Naddour
Chapter 7
Karen S Naylor (TR) Pro Se
10:00 AM
8:20-10345
Shelby Joanne Ritzo
Chapter 7
#2.00
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Ford Motor Credit Company LLC
(Motion filed 3/13/2020)
[RE: 2017 Ford Escape - Amount: $18,704.57] [VIN No.: 1FMCU0GD5HUE96617]
Docket 11
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Shelby Joanne Ritzo Pro Se
Trustee(s):
Jeffrey I Golden (TR) Pro Se
10:00 AM
CONT...
Shelby Joanne Ritzo
Chapter 7
10:00 AM
8:20-10672
Leonor Garcia Vazquez
Chapter 7
#3.00
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Mercedes-
Benz Financial Services USA LLC (Motion filed 3/19/2020)
[RE: 2014 Mercedes-Benz CLA250C - Amount: $1,000.00] [VIN No.: WDDSJ4EB6EN050330]
Docket 22
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Leonor Garcia Vazquez Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
10:00 AM
CONT...
Leonor Garcia Vazquez
Chapter 7
2:00 PM
8:19-10058
Joy Omoderi Amagboruju Miles
Chapter 11
#1.00
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; 10-30-19; 2-19-20
Docket 7
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
Next status conference: September 16, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
2:00 PM
CONT...
Joy Omoderi Amagboruju Miles
Chapter 11
2:00 PM
8:19-10058
Joy Omoderi Amagboruju Miles
Chapter 11
#2.00
Hearing RE: Debtor-In-Possession's Motion To Confirm Chapter 11 Plan Of Reorganization
(Motion filed 9/30/19) (D.S. filed 9/30/19)
(First Amended D.S. filed 12/20/19) (Set at D.S. held 1/29/20)
(Motion filed 3/13/2020) FR: 11-13-19; 1-29-20
Docket 76
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Although the Court's Local Bankrutpcy Rules are explicit that the Ballot Summary must be filed at least 14 days before the confirmation hearing, LBR 3018-1(a)(2), the "Plan Ballot Summary Form" indicates on its face that only 1 days' notice is required. To prevent undue surprise, the Court continues the plan confirmation hearing to May 7, 2020 at 2:00 p.m.
COURT TO PREPARE ORDER.
Party Information
2:00 PM
CONT...
Debtor(s):
Joy Omoderi Amagboruju Miles
Chapter 11
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
9:00 AM
6:17-17512
Douglas Craig Woodard
Chapter 7
#1.00
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 3/19/20)
Docket 130
*** VACATED *** REASON: Cont. to 5/14/20 @ 9:00 a.m. by order signed and entered on 4/14/20 - jc
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Douglas Craig Woodard Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
6:17-17512
Douglas Craig Woodard
Chapter 7
Adv#: 6:19-01075 Anderson v. Woodard et al
#2.00
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 3/19/20)
Docket 17
*** VACATED *** REASON: Cont. to 5/14/20 @ 9:00 a.m. by order signed and entered on 4/15/20 - jc
Tentative Ruling:
NONE LISTED -
Party Information
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
CONT...
Douglas Craig Woodard
Chapter 7
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
6:17-17512
Douglas Craig Woodard
Chapter 7
Adv#: 6:19-01075 Anderson v. Woodard et al
#3.00
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 3/19/20)
Docket 1
*** VACATED *** REASON: Cont. to 5/14/20 @ 9:00 a.m. by order signed and entered on 4/15/20 - jc
Tentative Ruling:
NONE LISTED -
Party Information
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
9:00 AM
CONT...
Trustee(s):
Douglas Craig Woodard
Melissa Davis Lowe
Chapter 7
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
8:18-12287
Lorenzo R Manrique and Carmen Manrique
Chapter 13
#1.00
CONT'D Motion for relief from stay [Real Property]
The Bank Of New York Mellon FKA The Bank Of New York As Trustee For The Benefit Of The Certificateholders Of The CWABS, Inc., Asset-Backed Certificates, Series 2007-9 vs. DEBTORS
(Motion filed 2/19/20)
[RE: 319 North Janss Street, Anaheim, California 92805-2526] FR: 3-16-20
Docket 42
*** VACATED *** REASON: OFF CALENDAR - SETTLED BY STIPULATION - ADEQUATE PROTECTION AGREEMENT - ORDER ON MOTION ENTERED 4-9-2020 - (DOCKET NO. [50])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Lorenzo R Manrique Represented By Scott Kosner
Joint Debtor(s):
Carmen Manrique Represented By Scott Kosner
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-11435
Ernesto Rafael Montalvo
Chapter 13
#2.00
Motion for relief from stay [Real Property]
The Money Source, Inc. vs. DEBTOR (Motion filed 3/24/2020)
[RE: N1652 Williams Plz, Lake Geneva, Wisconsin 53147] [Tele. appr., Kristen M. Martinez, repr., The Money Source, Inc.]
Docket 97
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire of Movant's Counsel whether it is true, as stated in the opposition to the motion, that Movant "has extended the opportunity to review the Debtor's loan modification request."
Party Information
Debtor(s):
Ernesto Rafael Montalvo Represented By Claudia C Osuna
9:00 AM
CONT...
Trustee(s):
Ernesto Rafael Montalvo
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-10690
Jay Mandel Fontenot
Chapter 13
#3.00 Motion for relief from stay [Real Property]
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, Not Individually But As Trustee For Pretium Mortgage Acquisition Trust vs. DEBTOR
(Moton filed 3/27/2020)
[RE: 15816 Candlelight Drive, Whittier Area, CA 90604]
[Tele. appr., Arnold L. Graff, repr., Wilmington Savings Fund Society]
Docket 17
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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 Court also finds that the filing of the petition was part of a scheme to hinder, delay and defraud creditors involving a transfer of all or part ownership of, or other interest in, the subject property without the consent of the movant or court approval
9:00 AM
CONT...
Jay Mandel Fontenot
Chapter 13
and/or the filing of multiple bankruptcy cases relating to the subject property. 11
U.S.C. § 362(d)(4).
The Court grants the extraordinary relief requested under numbered paragraphs 9 and 11 of the Motion.
The Court denies the extraordinary relief requested under paragraph 4 (which refers to no stay being in effect as to any creditor, not just the Movant).
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Jay Mandel Fontenot Represented By Krystina T Tran
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-14514
Russell M Higuchi
Chapter 13
#4.00
CONT'D Motion for relief from stay [Real Property]
Pensco Trust Company LLC, Custodian FBO Alan Brooks IRA vs. DEBTOR (Motion filed 2/14/20)
[RE: 19 Tiara, Irvine, California 92614 [First Trust Deed]
FR: 3-9-20
Docket 23
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL ARISING FROM DEBTOR'S REQUEST FOR VOLUNTARY DISMISSAL OF CHAPTER 13 WITH RESTRICTIONS ENTERED 3-25-2020 - [DOCKET NO. [42]
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Russell M Higuchi Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-14514
Russell M Higuchi
Chapter 13
#5.00
CONT'D Motion for relief from stay [Personal Property]
Daroll Laverne Frewing And Dolores Fern Frewing, Trustees Or The Survivor Of Them Of The Frewing Family Trust Dated August 12, 1998; And Equity Trust Company FBO Patrick J Harkin, Solo 401(k), 200344869, Patrick J Harkin Ttee vs. DEBTOR 2/14/20)
[RE: 19 Tiara, Irvine, California 92614 [Second Trust Deed]
FR: 3-9-20
Docket 22
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL ARISING FROM DEBTOR'S REQUEST FOR VOLUNTARY DISMISSAL OF CHAPTER 13 WITH RESTRICTIONS ENTERED 3-25-2020 - [DOCKET NO. [42]
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Russell M Higuchi Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-12127
Richard J. Kelly and Mary J. Kelly
Chapter 7
#1.00
CONT'D Hearing RE: Objection To Debtors' Claims Of Exemption (Motion filed 12/13/19)
FR: 1-27-20
Docket 33
*** VACATED *** REASON: CONTINUED TO JULY 20, 2020 AT 2:00
P.M. PER ORDER APPROVING STIPULATION TO FURTHER CONTINUE HEARING ENTERED 4-15-2020 - (DOCKET NO. [51])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Richard J. Kelly Represented By
J Scott Williams
Joint Debtor(s):
Mary J. Kelly Represented By
J Scott Williams
Trustee(s):
Jeffrey I Golden (TR) Represented By Faye C Rasch
2:00 PM
8:19-13904
Kathy D Gorski and Michael A Gorski
Chapter 11
#2.00
CONT'D Hearing RE: Motion For Order: (1) Approving Sale Of Real Property Free And Clear Of Liens; (2) Authorizing Disbursement Of Sale Proceeds (Motion filed 3/17/2020)
[RE: 17017 7th Street, Sunset Beach, CA 90742]
FR: 4-13-2020
[Tele. appr., John D. Ellis, repr., United States of America] [Tele. appr., Andy C. Warshaw, repr. Kathy Gorski]
Docket 84
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Based upon the Declaration of Scott P. Davis, Enrolled Agent, it seems likely that the sale of the subject property will generate an administrative tax claim of at least
$30,000 and possibly much higher. Because the estate will not net any money from the sale, it would appear to the Court that the subject property is burdensome to the estate and should be abandoned to the Debtors pursuant to 11 U.S.C. § 554.
Unless the Debtors bring a motion to abandon the subject property (whereafter it may
2:00 PM
CONT...
Kathy D Gorski and Michael A Gorski
Chapter 11
be sold by them on such terms and conditions as they may see fit), the Court will consider dismissing or converting this case.
The Sale Motion is denied on the ground that the proposed sale is detrimental to the estate.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Kathy D Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
Joint Debtor(s):
Michael A Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
9:00 AM
6:19-21077
Michael Drenk and Michelle Drenk
Chapter 7
#1.00
Cooksey Toolen Gage Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTORS (Motion filed 3/26/20)
RE: 2018 Ford F150; VIN# 1FTEW1CP8JKD09255
EH
Docket 25
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Michael Drenk and Michelle Drenk
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Michael Drenk Represented By Todd L Turoci
Joint Debtor(s):
Michelle Drenk Represented By Todd L Turoci
Movant(s):
Ford Motor Credit Company LLC Represented By
Sheryl K Ith John H Kim
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
6:19-21077
Michael Drenk and Michelle Drenk
Chapter 7
#2.00
Cooksey Toolen Gage Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTORS (Motion filed 3/26/20)
RE: 2018 Ford T250; VIN# 1FTYR2CMXJKA35024
EH
Docket 26
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Michael Drenk and Michelle Drenk
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Michael Drenk Represented By Todd L Turoci
Joint Debtor(s):
Michelle Drenk Represented By Todd L Turoci
Movant(s):
Ford Motor Credit Company LLC Represented By
Sheryl K Ith John H Kim
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
6:19-21077
Michael Drenk and Michelle Drenk
Chapter 7
#3.00
Cooksey Toolen Gage Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTORS (Motion filed 3/26/20)
RE: 2018 Ford T250; VIN# 1FTYR2CM7JKA05544
EH
Docket 27
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Michael Drenk and Michelle Drenk
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Michael Drenk Represented By Todd L Turoci
Joint Debtor(s):
Michelle Drenk Represented By Todd L Turoci
Movant(s):
Ford Motor Credit Company LLC Represented By
Sheryl K Ith John H Kim
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
6:19-21077
Michael Drenk and Michelle Drenk
Chapter 7
#4.00
Cooksey Toolen Gage Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTORS (Motion filed 3/26/20)
RE: 2019 Ford Transit Connect Van; VIN# NM0LS7E28K1390916 EH
Docket 28
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Michael Drenk and Michelle Drenk
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Michael Drenk Represented By Todd L Turoci
Joint Debtor(s):
Michelle Drenk Represented By Todd L Turoci
Movant(s):
Ford Motor Credit Company LLC Represented By
Sheryl K Ith John H Kim
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
6:20-12016
Mayra Elena Gonzalez Perez
Chapter 7
#5.00
Cooksey Toolen Gage Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company, LLC vs DEBTOR; ARTURO CISNEROS, TRUSTEE (Motion filed 3/23/2020)
RE: 2013 Ford Explorer, VIN: 1FM5K8B88DGC86397
Docket 8
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Mayra Elena Gonzalez Perez
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Mayra Elena Gonzalez Perez Represented By James G. Beirne
Movant(s):
Ford Motor Credit Company LLC Represented By
Sheryl K Ith
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
6:20-11110
Alona M Foley
Chapter 7
#6.00
Ghidotti Berger LLP - movant attorney Motion for Relief from Stay
Bridgecrest Credit Company vs. DEBTOR (Motion filed 3/31/20)
Re: 2012 Nissan Altima 4C
Docket 13
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Alona M Foley
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Alona M Foley Represented By Paul Y Lee
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
6:17-18961
Joseph Edward Putney and Julie Anna Putney
Chapter 7
#1.00
Hrg. on Order to Show Cause Re: Ming Cong Dang
(Cont. from 2/11/20)
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the hearing to July 21, 2020 at 2:00 p.m.
If the United States District Court for the Central District of California dismisses the appeal of Mr. Dang, the Putneys shall file a pleading in the Bankruptcy Court to notify the Bankruptcy Court of such action.
COURT TO PREPARE ORDER.
Party Information
2:00 PM
CONT...
Debtor(s):
Joseph Edward Putney and Julie Anna Putney
Chapter 7
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
6:19-10781
Yongming Sui
Chapter 7
#2.00
Hrg. on creditor Universal Sports, LLC Objection to Claim Number 1-2 by Claimant Universal Sports, LLC.
Docket 110
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Sports objects (the "Claim Objection") to an amended proof of claim (the "POC") filed by Mr. Yang. Sports argues that the POC is based upon a judgment and contends that Mr. Yang assigned all right, title and interest in and to the judgment to Sports in May 2019. Accordingly, Mr. Yang’s amended proof of claim based upon the judgment (Claim No. 1-2), filed January 8, 2020 should be disallowed in its entirety.
Mr. Yang opposes the claim objection. Mr. Yang contends that this matter is essentially a two-party dispute between him and his former attorney, Thomas Vogele and Associates (the "Law Firm"), and that this Court should abstain from hearing the matter and leave the dispute to be determined by a California state court.
Eileen Chang, Mr. Yang’s estranged spouse, has filed a Notice of Joinder of Interested Party Eileen Chang to Objection of Pao Sheng Yang to the Assignment of Claim of Pao Sheng Yang Filed As Docket #108, Docket No. 114, filed April 7, 2020 (the "Joinder").
2:00 PM
CONT...
Yongming Sui
Chapter 7
Technically speaking, the Joinder is not a joinder in Mr. Yang’s opposition to the Claim Objection. However, arguments set forth in the Joinder clearly have a bearing on the matter before the Court (i.e., the Claim Objection). Ms. Chang argues that she holds a community property interest in the judgment and that the alleged assignment of the judgment by Mr. Yang to Sports is void because it is in contravention of California family law.
Having reviewed and considered the matter, the Court agrees with Mr. Yang that it should abstain from hearing the Claim Objection at this time and therefore overrules the Claim Objection without prejudice. If Sports prevails in the California state court (or courts, given that family law may be involved), it may file a pleading renewing its claim objection.
Abstention is governed by In re Tucson Estates, Inc.912 F.2d 1162, 1167 (9th Cir. 1990)
Abstention is warranted here pursuant to 28 U.S.C. § 1334(c )(1) for the following reasons:
State law issues predominate over bankruptcy issues. This is essentially a two- party dispute between Sports and Mr. Yang over whether Mr. Yang’s assignment of the judgment to Sports was or was not procured by fraud. There may also be a two- or three- party dispute over whether the assignment was in violation of California family law.
A related proceeding, namely a petition to dissolve Sports arguably has been commenced by Mr. Yang in California state court – with delays attributable to the coronavirus pandemic in docketing a complaint and issuing a summons.
Severing state law claims from core bankruptcy issues would be of little use here because virtually the entire Claim Objection and opposition thereto revolve around state law issues.
The matter is likely to burden this Court’s docket at a time when bankruptcy
2:00 PM
CONT...
Yongming Sui
filings may be reasonably expected to rise sharply (in view of the pandemic).
The Court discerns no element of forum shopping by any of the parties.
Non-debtor parties are present in this Claim Objection proceeding, namely, Eileen Chang.
Chapter 7
The Claim Objection is overruled without prejudice.
MR. YANG TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Yongming Sui Represented By Michael A Cisneros
Trustee(s):
Karl T Anderson (TR) Represented By
Misty A Perry Isaacson
2:00 PM
6:19-18367
Affordable Auto Repair, Inc.
Chapter 11
#3.00
Hrg. on U.S. Trustee Motion filed 3/19/20 to dismiss or convert chapter 11 case
Docket 61
*** VACATED *** REASON: Cont. to 6/2/20 @ 2:00 p.m. by stipulation and order signed on 4/20/20 - jc
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Affordable Auto Repair, Inc. Represented By Michael Jones Sara Tidd
9:00 AM
8:18-10203
Phillip Barry Greer
Chapter 7
Adv#: 8:18-01069 Marshack et al v. Biden
#1.00
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; 11-6-19
Docket 27
*** VACATED *** REASON: CONTINUED TO AUGUST 12, 2020 AT 9:00 A.M. PER ORDER GRANTING STIPULATION TO CONTINUE STATUS CONFERENCE AND RELATTED DEADLINES ENTERED 4-21- 2020 - (DOCKET NUMBER [89])
Tentative Ruling:
- NONE LISTED -
Party Information
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
CONT...
Phillip Barry Greer
Chapter 7
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
8:18-10324
Alexander Mark Christian Isaly
Chapter 7
Adv#: 8:18-01083 B3 FIT, INC et al v. Isaly
#2.00
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; 12-4-19; 2-19-20
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will set an OSC hearing for May 13, 2020 as to why this adversary proceeding should not be dismissed for failure to prosecute. Any party may file a brief on or before April 30, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Alexander Mark Christian Isaly Represented By
9:00 AM
CONT...
Alexander Mark Christian Isaly
Anthony B Vigil
Chapter 7
Defendant(s):
Alexander Mark Christian Isaly Pro Se
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
9:00 AM
8:19-10212
Hill Concrete Structures
Chapter 11
Adv#: 8:19-01144 Hill Concrete Structures et al v. Capital One Bank (USA), N.A.
#3.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Injunction Relief And Declaratory Relief
(Complaint filed 7/11/19) FR: 10-9-19; 2-10-20
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire as to the status of the settlement and whether the Plaintiff intends to requests the Clerk to enter Defendant's default.
Next status conference: June 3, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Hill Concrete Structures Represented By Michael Jones
9:00 AM
CONT...
Hill Concrete Structures
Sara Tidd
Chapter 11
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
8:19-11375
SoCal REO Acquisitions Group LLC
Chapter 11
#4.00
Hearing RE: Confirmation Of Debtor's Second Amended Chapter 11 Plan (D.S. filed 11/7/19)
(Amended D.S. filed 12/11/19)
(Second Amended D.S. filed 2/10/2020) (Confirmation of Plan set at hrg. held 2/19/20)
FR: 11-13-19; 1-29-20; 2-19-20
Docket 110
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will order the Plan to be implemented to meet the limited objection of US Bank and will confirm the Plan.
Next status conference: August 12, 2020 at 2:00 p.m. with a status report due July 29, 2020.
DEBTOR TO LODGE (1) FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND (2) CONFIRMATION ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
SoCal REO Acquisitions Group LLC
Chapter 11
SoCal REO Acquisitions Group LLC Represented By
Nima S Vokshori Henry D Paloci
9:00 AM
8:19-12127
Richard J. Kelly
Chapter 7
Adv#: 8:19-01183 Brinks, MD et al v. Kelly
#5.00
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; 12-4-19
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Based upon the parties' request in the Joint Status Report, the Court continues the status conference to September 23, 2020 at 9:00 a.m. An updated status report is due by September 9, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Richard J. Kelly Represented By
J Scott Williams
9:00 AM
CONT...
Richard J. Kelly
Chapter 7
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 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
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
#6.00
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; 11-25-19; 3-18-20
Docket 59
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into compliance with UST guidelines and requirements.
The Court agrees with the Trustee that it makes sense to go forward with efforts to sell the Debtor's business as a going concern.
Next status conference: July 8, 2020 at 9:00 a.m. An updated status report is due June 24, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
9:00 AM
8:19-14162
Eric Daniel Merrell
Chapter 7
Adv#: 8:20-01012 Lohr v. Merrell et al
#7.00
STATUS CONFERENCE Hearing RE: Complaint For Determination Of Dischargeability Of Debt
(Complaint filed 2/3/2020)
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will issue the following scheduling order:
All discovery shall close on October 31, 2020.
All discovery motions shall be heard before November 30, 2020.
The Court sets a status conference in this Adversary Proceeding for December 2, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Eric Daniel Merrell
Chapter 7
Eric Daniel Merrell Represented By Heather J Canning
Defendant(s):
Eric Daniel Merrell Pro Se
Julie Mary Angeline Merrell Pro Se
Joint Debtor(s):
Julie Mary Angeline Merrell Represented By Heather J Canning
Plaintiff(s):
Kathy Lohr Represented By
Stephen W Berger
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
8:19-14865
Ice Energy Holdings, Inc.
Chapter 7
#8.00
Hearing RE: First Interim Application For Allowance And Payment Of Fees And Reimbursement Of Expenses For The Period From December 18, 2019 Through March 27, 2020
[RE: WEILAND GOLDEN GOODRICH, LLP - Attorneys For Chapter 7 Trustee]
[Fees: $189,600.00; Expenses: $21,274.95]
Docket 114
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The compensation is approved on an interim basis as to Jeffrey Golden, with fees in the amount of $189,600.00 and expenses in the amount of $21,274.95.
Regarding payment, the Court will inquire into the amount of cash currently held by the estate and anticipated future needs for cash.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
9:00 AM
CONT...
Debtor(s):
Ice Energy Holdings, Inc.
Chapter 7
Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Michael J. Weiland
2:00 PM
8:19-14772
Lilia Margarita Lopez de Aguilera
Chapter 13
#0.10
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 2-26-20; 3-25-20
Docket 27
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Lilia Margarita Lopez de Aguilera Represented By
Anthony P Cara
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10003
Martin Folch
Chapter 13
#0.20
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 3-25-20
Docket 16
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Martin Folch Represented By
Rebecca Tomilowitz
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10244
Yolanda Valdivia
Chapter 13
#0.30
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 3-25-20
Docket 15
Tentative Ruling:
NONE LISTED -
Debtor(s):
Party Information
Yolanda Valdivia Represented By Stephen L Burton
Movant(s):
Deutsche Bank National Trust Represented By Sean C Ferry
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-13068
Antonio Espinoza Muro
Chapter 13
#1.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
*** VACATED *** REASON: RENOTICED TO JUNE 3, 2020 AT 2:00
P.M. PER RE-NOTICE OF 341(A) MEETING AND CONFIRMATION HEARING - (DOCKET NO. [40])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Antonio Espinoza Muro Represented By
J.D. Cuzzolina
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-14514
Russell M Higuchi
Chapter 13
#2.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 2-26-20
Docket 13
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL ARISING FROM DEBTOR'S REQUEST FOR VOLUNTARY DISMISSAL OF CHAPTER 13 WITH RESTRICTIONS ENTERED 3-25-2020 - [DOCKET NO. [42]
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Russell M Higuchi Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10412
Cynthia Bray Dimel
Chapter 13
#3.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
*** VACATED *** REASON: RENOTICED TO JUNE 3, 2020 AT 2:00
P.M. PER RE-NOTICE OF 341(a) MEETING AND CONFIRMATION HEARING - (DOCKET NO. [17])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Cynthia Bray Dimel Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10449
Yunis Gloria Buesching
Chapter 13
#4.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED 2-25-2020 - (DOCKET NO. [10])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Yunis Gloria Buesching Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10573
Dean Nguyen
Chapter 13
#5.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED 3-9-2020 - (DOCKET NO. [8])
Tentative Ruling:
NONE LISTED -
Debtor(s):
Party Information
Dean Nguyen Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10481
Dale Ray Sossman and Joanne Karen Sossman
Chapter 13
#6.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
*** VACATED *** REASON: OFF CALENDAR - ORDER TRANSFERRING BANKRUPTCY CASE TO LOS ANGELES DIVISION ENTERED ON 2-20-2020 - (DOCKET NO. [21])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Dale Ray Sossman Represented By Stephen L Burton
Joint Debtor(s):
Joanne Karen Sossman Represented By Stephen L Burton
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10651
Gary Scott
Chapter 13
#7.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED 3-13-2020 - (DOCKET NO. [7])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Gary Scott Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10683
Darlene Hernandez DeHaro
Chapter 13
#8.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 11
*** VACATED *** REASON: RENOTICED TO JUNE 3, 2020 AT 2:00
P.M. PER RE-NOTICE OF 341(A) MEETING AND CONFIRMATION HEARING - (DOCKET NO. [26])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Darlene Hernandez DeHaro Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10690
Jay Mandel Fontenot
Chapter 13
#9.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
*** VACATED *** REASON: RENOTICED TO JUNE 3, 2020 AT 2:00
P.M. PER RE-NOTICE OF 341(A) MEETING AND CONFIRMATION HEARING - (DOCKET NO. [16])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Jay Mandel Fontenot Represented By Krystina T Tran
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10706
Samson E. Lakei and Sonya S. Lakei
Chapter 13
#10.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 17
*** VACATED *** REASON: RENOTICED TO JUNE 3, 2020 AT 2:00
P.M. PER RE-NOTICE OF 341(A) MEETING AND CONFIRMATION HEARING - (DOCKET NO. [22])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Samson E. Lakei Represented By
James D. Hornbuckle
Joint Debtor(s):
Sonya S. Lakei Represented By
James D. Hornbuckle
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10673
Yasmil Contreras
Chapter 13
#11.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 0
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL FOR FAILURE TO FILE SCHEDULES, STATEMENTS, AND/OR PLAN ENTERED 3-16-20 - (DOCKET NO. [9])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Yasmil Contreras Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:17-12513
Eric Joseph Bolstad and Norma Renee Bolstad
Chapter 13
#1.00
Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 2/4/2020)
Docket 62
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL FILED 4-20-2020 - (DOCKET NO. [70])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Eric Joseph Bolstad Represented By Douglas L Weeks
Joint Debtor(s):
Norma Renee Bolstad Represented By Douglas L Weeks
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:18-10560
Makali'i Paige Pawasarat
Chapter 13
#2.00
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 2/6/20) (Opposition filed 2/20/20)
Docket 67
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the motion and dismiss the case. CHAPTER 13 TRUSTEE TO LODGE ORDER.
Party Information
Debtor(s):
Makali'i Paige Pawasarat Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-13068
Antonio Espinoza Muro
Chapter 13
#3.00
Hearing RE: Motion To Reconvert Case To Chapter 7 (Motion filed 3/6/2020)
Docket 34
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the motion and re-convert case to chapter 7.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Antonio Espinoza Muro Represented By
J.D. Cuzzolina
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-14514
Russell M Higuchi
Chapter 13
#4.00
Hearing RE: Debtor's Motion For AuthorityTto Sell Real Property Under LBR 3015-1(p)
(Motion filed 2/26/2020)
(Set per Opposition filed 3/23/2020) (Notice of Hearing filed 3/23/2020)
[RE: 19 Tiara, Irvine, CA 92614]
Docket 30
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL ARISING FROM DEBTOR'S REQUEST FOR VOLUNTARY DISMISSAL OF CHAPTER 13 WITH RESTRICTIONS ENTERED 3-25-2020 - [DOCKET NO. [42]
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Russell M Higuchi Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:18-13760
Juana Pierda Mondragon
Chapter 13
#5.00
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 2/7/20) (Opposition filed 2/20/20)
(Set per Notice of Hearing filed 2/20/20) FR: 3-25-20
Docket 104
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL FILED 4-9-2020 - (DOCKET NO. [109])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Juana Pierda Mondragon Represented By Bryn C Deb
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:19-10670
Edgar Sebastian Vazquez and Ligia Vazquez
Chapter 13
#6.00
CONT'D Hearing RE: Trustee's Verified Motion To Dismiss Case Due To Material Default Of A Plan Provision
(Motion filed 2/3/2020) FR: 3-25-20
Docket 45
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL FILED 4-9-2020 - [52])
Tentative Ruling:
NONE LISTED -
Party Information
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
3:00 PM
8:18-11797
Teresa Ruiz
Chapter 13
#7.00
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 1/6/20)
(Opposition filed 1/21/20) FR: 3-25-20
Docket 42
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL FILED 4-9-2020 - (DOCKET NO. [46])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Teresa Ruiz Represented By
Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:14-16083
Jann Kempton
Chapter 13
#8.00
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; 12-16-19; 3-25-20
Docket 159
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL FILED 4-9-2020 - (DOCKET NO. [169])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Jann Kempton Represented By David R Chase
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
6:18-14202
Armando C Meras
Chapter 7
Adv#: 6:19-01068 Pringle v. Meras et al
#1.00
PRE-TRIAL CONFERENCE re: complaint for Denial of Discharge
Docket 1
*** VACATED *** REASON: Judgment Denying Discharge entered 10/30/19 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Armando C Meras Represented By Yoon O Ham
Defendant(s):
Armando C. Meras Pro Se
Veronica Y. Meras Pro Se
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
6:18-20687
Jack E. Commeford
Chapter 7
Adv#: 6:19-01101 Anderson, Chapter 7 Trustee v. Trujillo
#2.00
Hrg. on chapter 7 trustee's Motion filed 2/20/20 for Default Judgment against Ernest Trujillo
Docket 13
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion for entry of default judgment.
CHAPTER 7 TRUSTEE TO LODGE ORDER GRANTING MOTION AND RE- LODGE FORM OF DEFAULT JUDGEMENTS VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Jack E. Commeford Represented By Keith Q Nguyen
Defendant(s):
Ernest Trujillo Pro Se
9:00 AM
CONT...
Jack E. Commeford
Chapter 7
Plaintiff(s):
Karl T. Anderson, Chapter 7 Trustee Represented By
Thomas J Eastmond Robert P Goe
Rafael R Garcia-Salgado
Trustee(s):
Karl T Anderson (TR) Represented By Robert P Goe
10:00 AM
6:20-10038
Yolanda Jimenez
Chapter 7
#1.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and Wells Fargo Bank, N.A., in the amount of $3,929.16
Re: 2012 Ford Fusion-4CYL
Docket 9
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Yolanda Jimenez Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
10:00 AM
6:20-10865
Elizabeth Rivera and Ivan F Hirsch
Chapter 7
#2.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and LBS Financial Credit Union, in the amount of $10,168.86
Re: 2014 Honda Accord
Docket 10
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Elizabeth Rivera Pro Se
Joint Debtor(s):
Ivan F Hirsch Pro Se
10:00 AM
CONT...
Trustee(s):
Elizabeth Rivera and Ivan F Hirsch
Chapter 7
Charles W Daff (TR) Pro Se
10:00 AM
6:20-10865
Elizabeth Rivera and Ivan F Hirsch
Chapter 7
#3.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corporation., in the amount of $7,536.05
Re: 2013 Nissan Rogue
Docket 14
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Elizabeth Rivera Pro Se
Joint Debtor(s):
Ivan F Hirsch Pro Se
10:00 AM
CONT...
Trustee(s):
Elizabeth Rivera and Ivan F Hirsch
Chapter 7
Charles W Daff (TR) Pro Se
10:00 AM
6:20-10995
Loreto Calago Yu
Chapter 7
#4.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, $13,244.45
Re: 2017 Toyota Prius
Docket 9
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor, and on grounds of undue heardship unless the Debtor can demonstrate that expenses have been reduced below income.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Loreto Calago Yu Represented By Daniel King
Trustee(s):
Charles W Daff (TR) Pro Se
10:00 AM
CONT...
Loreto Calago Yu
Chapter 7
10:00 AM
6:20-11787
Sophia Clarice Iosbaker
Chapter 7
#5.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and San Diego County Credit Union, in the amount of $7,82079
Re: 2014 Hyundai Electra
Docket 8
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Sophia Clarice Iosbaker Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
8:19-13073
Eugene Howard Long
Chapter 13
#1.00
Motion for relief from stay [rReal Property]
Deutsche Bank National Trust Company, As Trustee For Morgan Stanley ABS Capital I Inc. Trust 2004 NC8, Mortgage Pass-Through Certificates, Series 2004-NC8, Its Assignees And/Or Successors vs. DEBTOR
(Motion filed 4/6/2020)
[RE: 1520 West Juliet Avenue, Tulare, CA 93274]
Docket 30
*** VACATED *** REASON: OFF CALENDAR - PER ORDER GRANTING MOTION FOR RELIEF FROM STAY - SETTLED BY STIPULATION - (DOCKET NO. [35])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Eugene Howard Long Represented By Erika Luna
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-10818
Brian Edward McDonald
Chapter 7
#2.00
Motion for relief from stay [Real Property]
Deutsche Bank National Trust Company, As Trustee For Harborview Mortgage Loan Trust 2004-8 Mortgage Loan Pass-Through Certificates, Series 2004-8 vs. DEBTOR
(Motion filed 4/3/2020)
[RE: 21492 Countryside Drive, Lake Forest, CA 92630]
Docket 9
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to deny the Motion without prejudice in view of the $122,000 equity cushion.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Brian Edward McDonald Represented By Halli B Heston
9:00 AM
CONT...
Trustee(s):
Brian Edward McDonald
Chapter 7
Jeffrey I Golden (TR) Pro Se
2:00 PM
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#1.00
Hearing RE: Motion For Order Authorizing Sale Of Real Property Located At 4266 Sandburg Way, Irvine, California, Free And Clear Of Liens Pursuant To 11
U.S.C. Section 363(b) And (f) (Motion filed 3/21/2020)
(Set Per Order Entered 3/24/2020 - Docket No. [395]
Docket 386
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum
Joint Debtor(s):
Carol June Gindi Represented By
2:00 PM
CONT...
Allan Eli Gindi and Carol June Gindi
Michael G Spector Vicki L Schennum Candice Candice Bryner
Chapter 11
2:00 PM
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#2.00
CONT'D 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 3/2/20)
[RE: 4262 Sandburg, Irvine, California]
FR: 3-23-20
Docket 363
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector
2:00 PM
CONT...
Allan Eli Gindi and Carol June Gindi
Vicki L Schennum
Chapter 11
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum
Candice Candice Bryner
9:00 AM
6:20-11555
Laurie Lynn Bilderback
Chapter 7
#1.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company vs. DEBTOR (Motion filed 4/7/20)
Re: 2019 Ford Fusion, VIN: 3FA6P0LU3KR200271
(Tele. appr. Sheryl Ith, rep. creditor, Ford Motor Credit Company, LLC)
Docket 10
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Laurie Lynn Bilderback
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Laurie Lynn Bilderback Represented By Thomas M Bundy
Trustee(s):
Todd A. Frealy (TR) Pro Se
2:00 PM
6:14-19238
Healthcare Industry Self Insurance Program of Cali
Chapter 7
#1.00
Hrg. on approval of settlement with Roxborough, Pomerance, Nye & Adreani,
LLP, and Nicholas P. Roxborough
(Tele. appr. Daniel Harris, rep. creditor, Ruxborough Pomerance, Nye & Adreani, LLP and Nicholas P. Roxborough)
(Tele. appr. John Tedford, rep. trustee, Howard Grobstein)
Docket 306
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Healthcare Industry Self Insurance Represented By
Hutchison B Meltzer
2:00 PM
CONT...
Trustee(s):
Healthcare Industry Self Insurance Program of Cali
Chapter 7
Howard B Grobstein (TR) Represented By Richard K Diamond Steven J Schwartz George E Schulman Jeffrey B Ellis
John N Tedford IV Justin P Karczag
2:00 PM
6:16-19700
Glenn H Spears
Chapter 7
#2.00
Hrg. on chapter 7 trustee's Motion filed 4/8/20 approving compromise of controversies
(Tele. appr. Michael Chekian, rep. Debtor, Glenn Spears)
(Tele. appr. Chelsea Dal Corso, rep. interested party, Smart & Final) LISTEN ONLY
(Tele. appr. Robbin Itkin, rep. interested party Smart & Final) (Tele. appr. Sara Poster, rep. interested party Glenn H. Spears) (Tele. appr. Hydee J. Riggs, rep. trustee, Robert Whitmore)
(Tele. appr. David M. Riley, rep. interested party, Smart & Final) LISTEN ONLY
(Tele: appr. Maria Roberts, rep. interested party Smart & Final) (Tele. appr. Glenn Spears, rep. Glenn Spears) LISTEN ONLY (Tele. appr. Kyle Todd, rep. Debtor, Glenn Spears)
(Tele. appr. Nichole Zajack, rep. interested party Smart & Final) LISTEN ONLY
Docket 36
Tentative Ruling:
2:00 PM
CONT...
Glenn H Spears
Chapter 7
TELEPHONIC APPEARANCES REQUIRED.
The Court grants the Debtor’s request for judicial notice and will rule upon the Debtor’s evidentiary objections. The Court grants the Trustee’s request for judicial notice.
Glenn H. Spears ("Debtor") filed a chapter 7 petition on October 31, 2016. Robert Whitmore was appointed chapter 7 trustee (the "Trustee"). The Debtor listed the following unsecured creditors on Schedule E/F: Franchise Tax Board ("FTB") (priority, $2,500.00); Internal Revenue Service ("IRS") (priority, $14,100.00); Ad Astra Rec (acct. 1569, $315.00); Ad Astra Rec (acct. 3546, $315.00); Bay Area Credit Service (acct. 3793, $1,627.00); Continental Central Credit (acct. 7139, $5,115.00); Enhanced Recovery Corp. (acct. 1305, $815.00); Financial Credit Network (acct.
5269, $1,454.00); High Desert Creditors (acct. 7579, $57.00); IC System (acct. 1001,
$960.00); Metro Rep Commercial Service Inc. (acct. 9495, $374.00); Metro Rep Commercial Service Inc. (acct. 3520, $268.00); and Pacific Credit Exchange ("PCE") (no acct. number listed, $14,864.22).
Under Federal Rule of Bankruptcy Procedure 2002(e ), if it appears from the schedules in a chapter 7 liquidation case that there are no assets from which a dividend can be paid, creditors may be given notice that it is unnecessary to file claims and that if sufficient assets become available for the payment of a dividend, further notice will be given for the filing of claims. Federal Rule of Bankruptcy Procedure 3002(5) provides that if notice of insufficient assets to pay a dividend was given to creditors under Rule 2002(e ), and subsequently the trustee notifies the
2:00 PM
CONT...
Glenn H Spears
Chapter 7
bankruptcy court that payment of a dividend appears possible, the clerk of the bankruptcy court shall give creditors at least 90 days’ notice by mail of that fact and of the deadline for filing a proof of claim.
Bankruptcy Rules 2002(e ) and 3002(5) became applicable in this case. The Trustee filed a Report of No Distribution on January 12, 2017, indicating that the bankruptcy estate had no administrable assets and that no property was available from which a distribution could be made to unsecured creditors. Nevertheless, three unsecured creditors filed a proof of claim: the FTB, IRS and PCE. The other creditors listed above (the "Remaining Creditors") did not file a proof of claim.
Debtor received a discharge on February 13, 2017, and the bankruptcy case was closed on February 14, 2017.
Bankruptcy law requires a debtor under oath and the pains and penalties of forgery to list on the schedules all his or her assets, including choses in action, so that a trustee can administer such assets for the benefit of the debtor’s creditors. It is essential for the integrity and proper functioning of the bankruptcy system for a debtor to be honest, forthright and diligent in ascertaining, identifying and listing all such assets. As a practical matter, it is not feasible for a bankruptcy trustee to conduct a forensic examination in each and every chapter 7 case to determine whether a debtor has been truthful in preparing the required schedules.
In this case, it is undisputed that Debtor failed in 2016-2017 to list on the schedules claims for alleged harassment and racial discrimination that he possessed (the "Claims") against his employer, Smart & Final Logistics LLC (together with its affiliates, "Smart and Final"). It can be inferred, and the Court does in fact infer and find, that Debtor was aware and well knew of these claims at the time he filed his bankruptcy petition. The Claims were not insignificant, immaterial or trifling in nature. On the contrary, they were large in relationship to Debtor’s scheduled assets. During the month of November 2016 –- in other words, within weeks of the
2:00 PM
CONT...
Glenn H Spears
Chapter 7
filing of his bankruptcy petition on October 31, 2016 --- Debtor was in a mediation with the Equal Employment Opportunity Commission in which he was requesting damages of either a total of $300,000 (as contended by the Trustee) or, as Debtor contends, $300,000 per year for each of the years he alleges he was subject to racial harassment (at least three years). Declaration of Debtor in Support of Debtor’s Opposition to Motion for Compromise of Controversies, Docket No. 52-6, filed April 21, 2020 at page 5 of 27, lines 3-25.
The Claims were eventually asserted in California state court litigation brought by Debtor against Smart and Final, encaptioned Glenn Spears v. Smart & Final Stores LLC et al., Los Angeles Superior Court Case No. BC651857, filed February 24, 2017 (the "Litigation"). It should be noted that February 24, 2017 is 10 days after the bankruptcy case was closed on February 14, 2017 and 11 days after Debtor received his discharge.
Debtor did not disclose the existence of the Claims or the Litigation in his bankruptcy case to the Trustee until 2019, and then only after Smart and Final notified the Los Angeles County Superior Court on or about May 17, 2019 of their intent to move for judgment on the pleadings in litigation involving the Claims.
Smart and Final’s argument for dismissal was based upon Debtor’s failure to disclose the Claims in his bankruptcy case. Declaration of Robert S. Whitmore, Docket No.
36, filed April 9, 2020 at page 20 of 46. On that same day, May 17, 2019, Debtor’s attorney filed and served a motion in this Court to reopen Debtor’s bankruptcy case. The case was reopened on June 10, 2019. Debtor amended his schedules to list the Claims and Litigation on June 30, 2019. Declaration of Michael Chekian in Support of Debtor’s Opposition to Motion for Compromise of Controversies ("Chekian Declaration"), Docket No. 52-5, filed April 21, 2020 at page 2 of 6.
Following the case’s reopening, the Trustee through his attorney had dealings, discussions and negotiations with Debtor’s attorney and Smart and Final’s attorneys concerning the Litigation. The Trustee eventually decided to enter into a settlement
2:00 PM
CONT...
Glenn H Spears
Chapter 7
agreement with Smart and Final resolving the Litigation, subject to this Court’s approval. On February 23, 2020, Debtor’s attorney received an email from the Trustee’s attorney advising her of this fact. Declaration of Sara B. Poster in Support of Opposition to Motion for Compromise of Controversies ("Poster Declaration"), Docket No. 52-1, filed April 21, 2020 at page 9 of 39, lines 3-6. A Settlement Agreement and Mutual Release (the "Settlement Agreement") was executed March 10-11, 2020 and is subject to this Court’s approval.
In an apparent attempt to scuttle the Settlement Agreement and force or induce abandonment of the Litigation by the Trustee to the Debtor, Debtor’s attorney spearheaded an effort to pay certain creditors who had filed claims in Debtor’s bankruptcy case. The Poster Declaration states at page 9 of 39: "In March and April 2020, I facilitated the delivery of Mr. Spears’ payments to each creditor – Pacific Credit Exchange, the Internal Revenue Service, and the Franchise Tax Board – for the total amount of its claim." Importantly, however, there is no evidence before the Court that Debtor or Ms. Poster paid any portion of the claims of the Remaining Creditors (i.e., those unsecured creditors who had not filed a proof of claim). Ms.
Poster then sent the Trustee’s attorney a letter on April 3, 2020 asking the Trustee to abandon the Litigation. Poster Declaration at page 9 of 39.
On April 9, 2020, the Trustee filed a Motion for Order Approving Compromise of Controversies, Docket No. 36 (the "Motion"). The Motion is brought pursuant to Federal Rule of Bankruptcy Procedure 9019 and asks the Court to approve the Settlement Agreement.
The Settlement Agreement provides that Smart and Final will pay $300,000 to the Trustee in full and final resolution of the Litigation and Claims (as such terms are defined in the Settlement Agreement), such moneys to be held in trust in a
2:00 PM
CONT...
Glenn H Spears
Chapter 7
segregated account pending this Court’s approval of the Settlement Agreement. Mutual general releases are granted, the Litigation is to be dismissed with prejudice and the provisions of California Civil Code section 1542 are waived with respect to the releases and Released Claims (as defined).
Debtor’s principal argument in opposition to the Motion is that the settlement amount is too low – that the Claims are worth far more than $300,000. Debtor also argues that because the Debtor paid all claims, the settlement between the Trustee and Smart and Final serves no legitimate bankruptcy purpose.
Settlements generally are favored over continued litigation. Port O’Call Investment Co. v. Blair (In re Blair), 538 F.2d 849, 851 (9th Cir. 1976). A compromise should be approved if it is "in the best interests of the estate and . . . is fair and equitable for the creditors." Burton v. Ulrich (In re Schmitt), 215 B.R. 417, 424 (B.A.P. 9th Cir.
1997). A bankruptcy court has wide discretion to determine whether a settlement should be approved. The United States Bankruptcy Appellate Panel for the Ninth Circuit has stated that approving a proposed compromise is an exercise of discretion that should not be overturned except in cases of abuse leading to a result that is neither in the best interests of the estate nor fair and equitable for the creditors.
Burton v. Ulrich (In re Schmitt), supra, 215 B.R. at 420; In re MGS Marketing, 111 B.R. 264, 266-67 (B.A.P. 9th Cir. 1990). A bankruptcy court’s responsibility and obligation is not to decide the numerous questions of law and fact raised by the parties but rather to canvass the issues in order to determine whether the settlement falls below the lowest point in the range of reasonableness. Cosoff v. Rodman (In re W.T. Grant Co.), 699 F.2d 599, 608 (2d Cir. 1983). However, a bankruptcy court may not act as a mere rubber stamp or rely solely on the trustee’s word that a settlement or compromise is reasonable. Reynolds v. Commissioner, 861 F.2d 469 (6th Cir. 1988).
2:00 PM
CONT...
Glenn H Spears
Chapter 7
In determining the fairness, reasonableness and adequacy of a proposed settlement agreement, a bankruptcy court must consider the following: (1) the probability of success in the litigation; (b) the difficulties, if any, to be encountered in the matter of collection, (3) the complexity of the litigation, and the expense, inconvenience and delay necessarily attending it; and (4) the paramount interest of creditors and a proper deference to their reasonable views in the premises. Silverman, Trustee v.
Birdsell, 795 Fed. Appx. 935, 938 (9th Cir. 2020); Martin v. Kane (In re A & C Properties), 784 F.2d 1377, 1381 (9th Cir. 1986); In re Rake, 363 B.R. 146, 152 (Bankr.
D. Idaho 2007). A trustee, as the proponent of a proposed settlement under Bankruptcy Rule 9019, has the burden of persuasion that the proposed settlement is fair and equitable and should be approved. In re Mickey Thompson Entertainment Group, Inc., 292 B.R. 415, 420 (B.A.P. 9th Cir. 2003) (Montali, J.)
The Trustee concedes that the "Debtor has a strong case for his claims. However, it also appears that the Smart & Final entities also have strong defenses as well." Motion at page 12 of 46. On the question of damages, the Trustee contends that the bankruptcy estate will be receiving under the Settlement Agreement the full amount of damages asserted by the Debtor in his proceeding before the EEOC --
$300,000. Debtor contends that the full amount of damages is $900,000 or more. Based upon the foregoing, the Court concludes that the probability of success in the litigation is high.
The Trustee concedes that the difficulties in collection are few but suggests that the cost of collecting would be high because of the expense of pursuing the Litigation to completion before the California Superior Court and then the costs associated with a likely appeal by the losing party. The Court determines that the difficulties of collection are few, and that the issue of cost is more properly considered in the analysis of the third factor in the four-factor test, not in connection with this second factor.
The complexity of the Litigation and the expense, inconvenience and delay
2:00 PM
CONT...
Glenn H Spears
Chapter 7
necessarily attending it are undoubtedly major and critical factors here. Indications are that the Litigation to date has been hard-fought and has been expensive. The Trustee’s financial resources to pursue the Litigation have not been shown to be adequate. The Court finds that this factor weighs heavily in the overall analysis and substantially outweighs the first two factors.
The final factor is the paramount interest of creditors and a proper deference to their reasonable views. Had the bankruptcy estate initially possessed sufficient assets for the Trustee to have paid all unsecured creditors in full, and if the Trustee had in fact paid all unsecured creditors in full pursuant to 11 U.S.C. § 726, this would have clinched Debtor’s argument that the proposed compromise does not pass muster under Bankruptcy Rule 9019 because the creditors, having been paid in full, would have had no interest in the Litigation or its settlement. But those are not the facts here. What the Court is presented with is a situation where the Debtor has attempted to put his thumb on the scales with respect to the A & C Properties four- factor test by acting as a volunteer and voluntarily paying three creditors FTB, IRS and PCE) – but did not pay the scheduled claims of the Remaining Creditors (who did not file a proof of claim).
If this Court approves the Settlement Agreement, and the bankruptcy estate is paid
$300,000, the Trustee can be expected to withdraw his Report of No Distribution. At that point, pursuant to Bankruptcy Rule 3002, each of the Remaining Creditors will be given notice of that fact and at least 90 days-notice of a deadline to file a proof of claim. In other words, if the Settlement Agreement is approved, the Remaining Creditors will have an opportunity to file a proof of claim and get all or a portion of their claim paid by the Trustee as a dividend from the estate. Under these circumstances, it is in the paramount interest of the Remaining Creditors to have the Court approve the Settlement Agreement, because this will give them an opportunity to be paid.
As an independent and alternative ground for its conclusion regarding the fourth
2:00 PM
CONT...
Glenn H Spears
Chapter 7
factor, the Court determines that it would be an abuse to permit manipulation of the A & C Properties test through the strategy employed by the Debtor here. This is not a case where the Debtor voluntarily repaid some of his creditors out of a sense of obligation and without intending to gain any advantage from such repayment.
Rather, the timing and the circumstances of the repayment are such that, but for the Litigation and the fourth leg of the A & C Properties test, it is reasonably likely the repayment never would have occurred. Such gamesmanship should be neither rewarded nor given any effect. The Court therefore will analyze the fourth factor as if the abuse had not occurred, in other words, as if the creditors had not been repaid. If they had not been repaid, they would want to be repaid – and they would be repaid in full from the settlement proceeds. Accordingly, the Court determines that the paramount interest of creditors factor strongly favors Court approval of the Settlement Agreement.
In the Court’s view, the third and fourth factors (in the case of the fourth factor, under each of the two alternative grounds of analysis) materially outweigh in importance the first and second factors.
For the foregoing reasons, the Court approves the Settlement Agreement and grants the Motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Glenn H Spears Represented By Brian C Fenn
Michael F Chekian
Trustee(s):
Robert Whitmore (TR) Represented By Hydee J Riggs
2:00 PM
6:16-19700
Glenn H Spears
Chapter 7
#2.10
Hrg. on Debtor's Motion for Permission To File Motion To Compel Abandonment
Docket 40
*** VACATED *** REASON: Motion Withdrawn on 4/15/20 - jc Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Glenn H Spears Represented By Brian C Fenn
Michael F Chekian
Trustee(s):
Robert Whitmore (TR) Represented By Hydee J Riggs
2:00 PM
6:16-20446
BioData Medical Laboratories, Inc.
Chapter 7
#3.00
Hrg. on chapter 7 trustee's Motion filed 3/2/20 for Entry Of Order: (A) Disallowing Chapter 7 Administrative Expense Priority Claim Asserted By Abbott Laboratories Inc. [Doc. No. 538], In Part; (B) Disallowing Chapter 7 Administrative Expense Priority Claim Asserted By Siemens Healthcare Diagnostics Inc. [Doc. No. 539]; And (C) Allowing All Other Chapter 7 Administrative Expense Priority Claims
(Cont. from 4/14/20)
Docket 650
*** VACATED *** REASON: Order Approving Stipulation entered on 4/17/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
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 Kurt Ramlo
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
#4.00
Hrg. on Appellees' Joint Objection to Bill of Cost filed by Havasu Lakeshore Investments, LLC
(Tele. appr. David Nealy, rep. Debtor, Terry Lee Fleming, Sr.)
(Tele. appr Michael Reynold, rep. Appellee Terry L. Fleming Jr. and Havasu Landing LLC)
(Tele. appr. James Till, rep. Debtor, Terry Lee Fleming Sr.)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
For the reasons stated in Appellees' joint objection to the bill of costs filed by HLI, the Court sustains the objection and declines to award any costs to HLI.
TERRY LEE FLEMING, JR. TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
Terry Lee Fleming, Sr
Chapter 11
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
6:19-20231
Desert Springs Financial LLC
Chapter 7
#5.00
Hrg. on Motion of Debtor Desert Springs Financial, LLC, and of DSF's 100% Equity holder--Shin--Moving for Order Dismissing DSF's Chapter 7 Bankruptcy, as Unnecessary, and Because Dismissal is More Favorable for Creditors than Proceeding with Chapter 7
(Cont. from 2/25/20)
(Tele. appr. Chad Haes, rep. trustee, Robert Whitmore)
(Tele. appr. Kathleen March, rep. Debtor, Desert Springs Financial LLC)
Docket 21
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Desert Springs Financial LLC Represented By
2:00 PM
CONT...
Trustee(s):
Desert Springs Financial LLC
Kathleen P March
Chapter 7
Robert Whitmore (TR) Represented By Richard A Marshack Chad V Haes
2:00 PM
6:20-10862
Stacy A Furtado
Chapter 7
#6.00
Hrg. on Order to Show Cause why Case should not be dismissed for failure to make petition installment payment
Docket 1
*** VACATED *** REASON: Full balance of $335.00 from the Debtor paid on 5/4/20 -jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Stacy A Furtado Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
6:20-11416
Joseph Alexander Meza and Amber Lynn Meza
Chapter 7
#7.00
Hrg. on Order to Show Cause why case should not be dismissed for failure to make petition installment payment
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to dismiss the case unless all installments due on or before May 5, 2020 have been paid in full.
Party Information
Debtor(s):
Joseph Alexander Meza Pro Se
Joint Debtor(s):
Amber Lynn Meza Pro Se
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
6:18-18731
Scott Shih Lee
Chapter 7
#8.00
Hrg. on Application filed 4/14/20 for Compensation First Interim Application for Allowance of Fees and Costs for Marshack Hays LLP, Trustee's Attorney,
Period: 10/26/2018 to 3/31/2020, Fee: $125,128, Expenses: $6,220.61
(Tele. appr. Chad Haes, rep. trustee, Robert Whitmore) (Tele. appr. Cameron Ridley, rep. United States Trustee)
Docket 192
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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 fees in the amount of $121,528.00 and expenses in the amount of $6,220.61.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Scott Shih Lee Represented By
2:00 PM
CONT...
Trustee(s):
Scott Shih Lee
Ronald D Halpern
Chapter 7
Robert Whitmore (TR) Represented By
D Edward Hays Tinho Mang Ronald D Halpern Chad V Haes
9:00 AM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
#1.00
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; 11-13-19; 2-19-20
Docket 168
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the disclosure statement hearing in view of the coronavirus pandemic and to permit settlement negotiations between the Debtor and Medley Capital to continue.
The hearing is continued to July 15, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
CONT...
Modern VideoFilm, Inc.
Andrew B Levin Peter W Lianides
Chapter 11
9:00 AM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
#2.00
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;
11-13-19; 2-19-20
Docket 6
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the Status Conference to November 18, 2020 at 9:00 a.m. with an updated status report due November 4, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
8:19-12113
Heidi Crawford
Chapter 7
Adv#: 8:19-01178 New Deco Arts & Crafts Co Ltd v. Crawford et al
#3.00
Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 (Motion filed 4/2/2020)
Docket 64
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion and enter default judgment against Debtor Heidi Crawford in the amount of $928,815.29.
Further, Debtor Heidi Crawford is denied a discharge pursuant to 11 U.S.C. § 727. Plaintiff shall lodge a form of judgment on or before May 20, 2020.
PLAINTIFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Heidi Crawford Represented By
9:00 AM
CONT...
Heidi Crawford
Richard G Heston
Chapter 7
Defendant(s):
Heidi Crawford Pro Se
Michael 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
8:19-14389
Tam Minh Truong
Chapter 7
Adv#: 8:20-01014 Tran v. Truong
#4.00
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability
(Complaint filed 2/7/20)
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will set a deadline of July 15, 2020 for Plaintiff to obtain entry of default by the Clerk.
Next status conference: September 9, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Tam Minh Truong Represented By Halli B Heston
9:00 AM
CONT...
Tam Minh Truong
Chapter 7
Defendant(s):
Tam Truong Pro Se
Plaintiff(s):
John Tran Represented By
Long Andre Lam
Trustee(s):
Richard A Marshack (TR) Pro Se
10:00 AM
8:19-14840
Humberto Benjamin Moya and Julie Robin Moya
Chapter 7
#1.00
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And OneMain (Motion filed 3/31/2020)
[RE: Loan - Amount: $6,851.96 ]
Docket 21
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Humberto Benjamin Moya Pro Se
Joint Debtor(s):
Julie Robin Moya Pro Se
10:00 AM
CONT...
Trustee(s):
Humberto Benjamin Moya and Julie Robin Moya
Chapter 7
Thomas H Casey (TR) Pro Se
10:00 AM
8:20-10672
Leonor Garcia Vazquez
Chapter 7
#2.00
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And Mercedes-
Benz Financial Services USA LLC (Motion filed 3/19/2020)
[RE: 2014 Mercedes-Benz CLA250C - Amount: $1,000.00] [VIN No.: WDDSJ4EB6EN050330]
Docket 22
*** VACATED *** REASON: OFF CALENDAR - REAFFIRMATION APPROVED AT HEARING HELD ON 4-15-2020 - (DOCKET NO. [29])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Leonor Garcia Vazquez Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#1.00
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; 12-4-19; 1-23-20; 2-24-20
Docket 257
*** VACATED *** REASON: CONTINUED TO JULY 8, 2020 AT 2:00
P.M. PER ORDER APPROVING REQUEST TO CONTINUE HEARINGS ENTERED 4-2-2020 - (DOCKET NO. [404])
Tentative Ruling:
NONE LISTED -
Party Information
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
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#2.00
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; 12-4-19; 1-23-20; 2-24-20
Docket 1
*** VACATED *** REASON: CONTINUED TO JULY 8, 2020 AT 2:00
P.M. PER ORDER APPROVING REQUEST TO CONTINUE HEARINGS ENTERED 4-2-2020 - (DOCKET NO. [404])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Allan Eli Gindi Represented By Michael R Totaro
Joint Debtor(s):
Carol June Gindi Represented By Michael R Totaro
2:00 PM
8:19-10058
Joy Omoderi Amagboruju Miles
Chapter 11
#3.00
CONT'D Hearing RE: Debtor-In-Possession's Motion To Confirm Chapter 11 Plan Of Reorganization
(Motion filed 9/30/19) (D.S. filed 9/30/19)
(First Amended D.S. filed 12/20/19) (Set at D.S. held 1/29/20)
(Motion filed 3/13/2020)
FR: 11-13-19; 1-29-20; 4-15-20
Docket 76
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the plan confirmation hearing to June 29, 2020 at 2:00 p.m. to give Debtor an opportunity to explain how the plan of reorganization satisfies the absolute priority rule as stated in 11 U.S.C. § 1129(b)(2)(B). Debtor shall file a brief on or before May 29, 2020 addressing this matter.
COURT TO PREPARE ORDER.
Party Information
2:00 PM
CONT...
Debtor(s):
Joy Omoderi Amagboruju Miles
Chapter 11
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
2:00 PM
8:19-10058
Joy Omoderi Amagboruju Miles
Chapter 11
#4.00
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; 10-30-19; 2-19-20; 4-15-20
Docket 7
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue this status conference to June 29, 2020 at 2:00 p.m. to be heard with the continued plan confirmation hearing.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
9:00 AM
6:16-13150
Paul Gregory Katona
Chapter 7
Adv#: 6:17-01216 Napoli v. Katona et al
#1.00
Pre-Trial Conference RE: Complaint by Royce Napoli against Paul Gregory Katona, Gail Marie Katona. (d),(e))),(72 (Injunctive relief - other))
(Cont. from 2/20/20)
Docket 1
*** VACATED *** REASON: Order Dismissing adversary entered on 4/22/20 - jc
Tentative Ruling:
NONE LISTED -
Party Information
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
CONT...
Paul Gregory Katona
Lynda T Bui Rika Kido Brianna L Frazier
Chapter 7
9:00 AM
6:19-12394
Michael Walter Maynard, II
Chapter 7
Adv#: 6:19-01095 Golden 1 Credit Union v. Maynard, II
#2.00
PRE-TRIAL 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
*** VACATED *** REASON: Cont. to 11/5/20 @ 9:00 a.m. - jc Tentative Ruling:
Party Information
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
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
6:19-14525
Randolph Collaso
Chapter 7
Adv#: 6:19-01118 SAEEDY v. Collaso
#3.00
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
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to October 8, 2020 at 9:00 a.m. and order the parties to file a mediation stipulation and lodge an order thereon on or before July 15, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Randolph Collaso Represented By Richard G Heston
9:00 AM
CONT...
Randolph Collaso
Chapter 7
Defendant(s):
Randolph Collaso Represented By Richard G Heston
Plaintiff(s):
LYDA SAEEDY Represented By Michael Jones
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
6:19-16416
Carmencita Pacia
Chapter 7
Adv#: 6:20-01008 Anderson v. Pacia
#4.00
STATUS CONFERENCE re: Complaint by Karl T Anderson against Maria Victoria Pacia. (Charge To Estate). ($350.00) (Attachments: # 1 Adversary Cover Sheet # 2 Summons) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer))
(Cont. from 4/9/20)
Docket 1
*** VACATED *** REASON: Cont. to 7/9/20 @ 9:00 a.m. by order signed on 5/4/20 - jc
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Carmencita Pacia Represented By Natalie A Alvarado
Defendant(s):
Maria Victoria Pacia Pro Se
Joint Debtor(s):
Rolando Pacia Represented By Natalie A Alvarado
Plaintiff(s):
Karl T Anderson Represented By Robert P Goe Ryan S Riddles
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
6:19-16545
DDI Distribution of California LLC
Chapter 7
Adv#: 6:19-01151 Diamond Peo LLC v. Larios et al
#5.00
STATUS CONFERENCE RE: Complaint to avoid and recover transfers pursuant to 11 U.S.C. §§523 and 550
(Cont. from 4/9/20)
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court continues the status conference to June 30, 2020 at 2:00 p.m. An updated status report is due June 16, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
DDI Distribution of California LLC Represented By
Mark E Brenner
9:00 AM
CONT...
DDI Distribution of California LLC
Chapter 7
Defendant(s):
Peter Larios Pro Se
Jose Castellanos Pro Se
Automatiq Pro Se
Plaintiff(s):
Diamond Peo LLC Represented By Charles K Manock
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
6:19-16545
DDI Distribution of California LLC
Chapter 7
Adv#: 6:19-01151 Diamond Peo LLC v. Larios et al
#6.00
Hrg. on Order to Show Cause why this adversary proceeding should not be dismissed for Plaintiff's failure to comply with the Court's orders
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will dismiss its order to show cause and the adversary proceeding will continue.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
DDI Distribution of California LLC Represented By
Mark E Brenner
Defendant(s):
Peter Larios Pro Se
Jose Castellanos Pro Se
9:00 AM
CONT...
DDI Distribution of California LLC
Chapter 7
Automatiq Pro Se
Plaintiff(s):
Diamond Peo LLC Represented By Charles K Manock
Trustee(s):
Lynda T. Bui (TR) Represented By Brandon J Iskander
9:00 AM
6:20-12274
Absolute Care Assisted Living & Memory Care, LLC
Chapter 11
#7.00
Hrg. on Chapter 11 Status Conference
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into Debtor's compliance with UST guidelines and requirements.
The Court will issue a scheduling order providing as follows:
The deadline for filing a proof of claim is July 15, 2020.
Debtor to file and serve the bar date notice on or before May 15, 2020.
The next status conference is August 13, 2020 at 9:00 a.m., with an updated status report due on or before July 31, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Absolute Care Assisted Living & Represented By
Robert S Altagen
9:00 AM
8:19-13904
Kathy D Gorski and Michael A Gorski
Chapter 11
#1.00
CONT'D Motion for relief from stay [Personal Property]
Americredit Financial Services, Inc., dba GM Financial vs. DEBTORS (Motion filed 3/6/2020)
[RE: 2016 Cadillac Escalade - VIN No.: 1GYS4KKJ3GR458775]
FR: 4-13-20
Docket 80
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION FOR RELIEF FROM STAY - SETTLED BY STIPULATION - ENTERED 5-5-2020 (DOCKET NO. [113])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Kathy D Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
Joint Debtor(s):
Michael A Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
2:00 PM
8:19-14865
Ice Energy Holdings, Inc.
Chapter 7
#1.00
Hearing RE: Chapter 7 Trustee's Motion For Order Extending Time To Assume Or Reject All Executory Contracts, Personal Property Leases And Insurance Policies Pursuant To 11 U.S.C Section 365(d)(1)
(Motion filed 4/15/2020)
Docket 120
*** VACATED *** REASON: CONTINUED TO MAY 18, 2020 AT 2:00
P.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ON CHAPTER 7 TRUSTEE'S MOTION ENTERED 5-6-2020 - (DOCKET NO. [153])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Michael J. Weiland
2:00 PM
8:15-10182
Ahmad Malkawi
Chapter 7
#2.00
Hearing RE: Chapter 7 Trustee's Motion For Order: (1) Authorizing Sale Of Personal Property Assets Free And Clear Of Liens And Interests Pursuant To 11
U.S.C. Sections 363(b) And (f); (2) Approving Overbid Procedures; And (3) Approving Proposed Buyer As Good-Faith Purchaser Pursuant To 11 U.S.C. Section 363(m)
(Motion filed 4/20/2020)
[Tele. appr., Michael B. Reynolds, repr., Ahmad Malkawi]
[Tele. appr., Jeffrey S. Shinbrot APLC, repr., Jeffrey S. Shinbrot]
Docket 48
Tentative Ruling:
APPEARANCES REQUIRED.
The motion to sell is denied without prejudice on the ground that the Trustee has failed to make a sufficient showing that the bankruptcy estate owns the assets proposed to be sold, namely, shares in Global Telecom Engineering, a corporation first formed years after the bankruptcy case closed. No new motion may be filed before December 31, 2020.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
2:00 PM
CONT...
Debtor(s):
Ahmad Malkawi
Party Information
Chapter 7
Ahmad Malkawi Represented By Zuhair Nubani
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello
2:00 PM
6:15-14464
AVT, Inc.
Chapter 7
#1.00
Hrg. on chapter 7 trustee's Objection filed 4/8/20 to Claim Number 70 by Claimant Bryan Ross
Docket 681
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain. Allow Claim 70 as a priority wage claim in the amount of $4,995.21 and as a general unsecured claim as to the balance.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
AVT, Inc. Pro Se
Trustee(s):
Charles W Daff (TR) Represented By Cathrine M Castaldi
2:00 PM
CONT...
AVT, Inc.
Samuel A Moniz
Chapter 7
2:00 PM
6:15-14464
AVT, Inc.
Chapter 7
#2.00
Hrg. on chapter 7 trustee's Objection filed 4/8/20 to Claim Number 71 by Claimant James N Winsor
Docket 683
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant/sustain. Claim No. 71 is allowed as a priority wage claim in the amount of
$6,065.28 and as a general unsecured claim as to the balance.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
AVT, Inc. Pro Se
Trustee(s):
Charles W Daff (TR) Represented By Cathrine M Castaldi Samuel A Moniz
2:00 PM
6:18-16573
Shelly Lynn Tholander-Turner and Suzanne Humphries
Chapter 7
#3.00
Hrg. on approval trustee's final report; applications for compensation EH
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
2:00 PM
CONT...
Shelly Lynn Tholander-Turner and Suzanne Humphries
Chapter 7
The compensation is approved as to the Trustee, with fees in the amount of $7,750.00 and expenses in the amount of $0.00.
The compensation is approved as to Levene, Neal, Bender, Yoo, & Brill, with fees in the amount of $32,973.50 and expenses in the amount of $973.07.
The compensation is approved as to Grobstein Teeple LLP, with fees in the amount of
$2,683.50 and expenses in the amount of $27.45. USBC fees are approved in the amount of $350.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Shelly Lynn Tholander-Turner Represented By Robert L Firth
Trustee(s):
Howard B Grobstein (TR) Represented By Anthony A Friedman
9:00 AM
8:14-11729
Richard Clark Farrell
Chapter 7
Adv#: 8:16-01123 Naylor v. Farrell
#1.00
CONT'D STATUS CONFERENCE 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)
(S/C set per Memorandum Decision And Order Entered 11-15-19)
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; 5-13-20
[Tele. appr., Robert P. Goe, repr., Karen Sue Naylor, Trustee]
Docket 19
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
9:00 AM
CONT...
Richard Clark Farrell
Chapter 7
The Court will clarify that Ms. Farrell's claim is subordinated to all allowed administrative fees for the Comittee's professionals.
The Court will approve for entry the form of judgment shown on the docket as Docket No. 152.
TRUSTEE TO LODGE FORM OF JUDMENT.
COURT TO ISSUE ORDER IMPLEMENTING THE CLARIFICATION DESCRIBED ABOVE.
Party Information
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Defendant(s):
Betty Farrell Represented By
D Edward Hays
Plaintiff(s):
Karen Sue Naylor Represented By Robert P Goe
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
9:00 AM
8:15-15715
William John Murphy
Chapter 7
Adv#: 8:16-01147 Vohne Liche Kennels, Inc. et al v. Murphy et al
#2.00
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; 11-13-19
Docket 1
*** VACATED *** REASON: CONTINUED TO JULY 15, 2020 AT 9:00
A.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 5- 8-2020 - (DOCKET NO. [76])
Tentative Ruling:
- NONE LISTED -
Party Information
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
CONT...
William John Murphy
Neal Salisian Ashleigh A Danker
Chapter 7
VLK Risk Consultants, Inc. Represented By Ashleigh A Danker Neal Salisian
Trustee(s):
Jeffrey I Golden (TR) Represented By Jason Balitzer
9:00 AM
8:16-10045
C & W Murphy and Associates, Inc.
Chapter 7
Adv#: 8:18-01002 Kosmala v. Savannah Corp. et al
#3.00
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; 11-13-19
Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING WITH PREJUDICE ADVERSARY PROCEEDING IN LIGHT OF SETTLEMENT ENTERED 5-12-2020 - (DOCKET NO. [42])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
C & W Murphy and Associates, Inc. Represented By
D Edward Hays
Defendant(s):
Savannah Corp. Pro Se
The Olivia Group Pro Se
Reagan Industries, Inc. Pro Se William J Murphy and Cheryl Lynn Pro Se Cristen Durham Pro Se
Jacquelyn Murphy Romero Pro Se
Brandon Durham Pro Se
Margaret Murphy Pro Se
9:00 AM
CONT...
C & W Murphy and Associates, Inc.
Chapter 7
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
8:16-10045
C & W Murphy and Associates, Inc.
Chapter 7
Adv#: 8:18-01004 Kosmala v. First Farmers Bank & Truste Co. et al
#4.00
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; 11-13-19
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to September 23, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
C & W Murphy and Associates, Inc.
Chapter 7
C & W Murphy and Associates, Inc. Represented By
D Edward Hays
Defendant(s):
First Farmers Bank & Truste Co. Pro Se
Vohne Liche Kennels, Inc. Pro Se
VLK Risk Consultants, Inc. Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Erin P Moriarty
Trustee(s):
Weneta M Kosmala (TR) Represented By Erin P Moriarty
9:00 AM
8:16-15208
Michael Younessi
Chapter 11
#5.00
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; 9-25-19; 2-19-20
Docket 11
*** VACATED *** REASON: CONTINUED TO NOVEMBER 4, 2020 AT 9:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 4-24-2020 - (DOCKET NO. [312])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
9:00 AM
8:16-15208
Michael Younessi
Chapter 11
#6.00
CONT'D STATUS CONFERENCE 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; 9-25-19; 9-25-19; 2-19-20
Docket 226
*** VACATED *** REASON: CONTINUED TO NOVEMBER 4, 2020 AT 9:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE ON MOTION ENTERED 4-24-2020 - (DOCKET NO. [311])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Michael Younessi Represented By Michael Jones Sara Tidd
9:00 AM
8:16-15208
Michael Younessi
Chapter 11
Adv#: 8:17-01051 Diamond Enterprises, LTD., LP v. Younessi
#7.00
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; 9-25-19
Docket 78
*** VACATED *** REASON: CONTINUED TO NOVEMBER 4, 2020 AT 9:00 A.M. PER ORDER CONTINUING HEARING ON MOTION FOR SUMMARY JUDGMENT ENTERED 4-24-2020 - (DOCKET NO. [156])
Tentative Ruling:
- NONE LISTED -
Party Information
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
8:16-15208
Michael Younessi
Chapter 11
Adv#: 8:17-01051 Diamond Enterprises, LTD., LP v. Younessi
#8.00
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; 9-25-19; 2-19-20
Docket 1
*** VACATED *** REASON: CONTINUED TO NOVEMBER 4, 2020 AT 9:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 4-24-2020 - (DOCKET NO. [155])
Tentative Ruling:
- NONE LISTED -
Party Information
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
8:16-15208
Michael Younessi
Chapter 11
Adv#: 8:18-01150 Diamond Enterprises, Ltd, LP v. Younessi
#9.00
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; 9-25-19; 2-19-20
Docket 1
*** VACATED *** REASON: CONTINUED TO NOVEMBER 4, 2020 AT 9:00 A.M. PER ORDER CONTINUING STATUS HEARING RE: ADVERSARY PROCEEDING ENTERED 4-24-2020 - (DOCKET NO. [124])
Tentative Ruling:
NONE LISTED -
Party Information
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
8:19-11987
Enalasys Corporation
Chapter 11
#10.00
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; 12-11-19; 1-22-20
Docket 9
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
The Court will inquire whether the DIP loan proceeds have yet been received by the Debtor-in-Possession.
Next status conference: September 10, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Enalasys Corporation
Chapter 11
Enalasys Corporation Represented By Michael Jones
9:00 AM
8:19-12113
Heidi Crawford
Chapter 7
Adv#: 8:19-01182 Amerifactors Financial Group, LLC v. Crawford et al
#11.00
CONT'D 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) (Another Summons issued 10-23-19)
FR: 11-27-19; 1-22-20; 3-11-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to August 19, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Heidi Crawford
Chapter 7
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Heidi Crawford Pro Se
Michael 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
8:19-13904
Kathy D Gorski and Michael A Gorski
Chapter 11
#12.00
CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/4/19)
FR: 1-22-20
Docket 15
*** VACATED *** REASON: CONTINUED TO MAY 18, 2020 AT 2:00
P.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 4- 24-2020 - (DOCKET NO. [102])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Kathy D Gorski Represented By Andy C Warshaw
Joint Debtor(s):
Michael A Gorski Represented By Andy C Warshaw
9:00 AM
8:19-14527
Anthony Afshin Kashani
Chapter 7
Adv#: 8:20-01025 Lewis v. Kashani
#13.00
Hearing RE: Motion To Dismiss For Failure To State A Claim (Rule 7012(b)(6)
(Motion filed 4/9/2020)
Docket 5
*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING ADVERSARY COMPLAINT ENTERED 5-1-2020 - (DOCKET NO. [10])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Anthony Afshin Kashani Represented By Mirsaied Kashani
Defendant(s):
Anthony Afshin Kashani Represented By Mirsaied Kashani
Plaintiff(s):
Jeff Lewis Represented By
Michael D Franco
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur
2:00 PM
8:20-10762
Monica Marie Aguilar
Chapter 13
#1.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
NONE LISTED -
Debtor(s):
Party Information
Monica Marie Aguilar Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10856
Robert Steven Glass
Chapter 13
#2.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
NONE LISTED -
Debtor(s):
Party Information
Robert Steven Glass Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10859
Crystal Yvonne Bessant
Chapter 13
#3.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
NONE LISTED -
Debtor(s):
Party Information
Crystal Yvonne Bessant Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10943
Ronald Villagomez
Chapter 13
#4.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
NONE LISTED -
Debtor(s):
Party Information
Ronald Villagomez Represented By Kevin Tang
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10893
Juan Soria
Chapter 13
#5.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF VOLUNTARY DISMISSAL ARISING FROM DEBTOR'S REQUEST FOR VOLUNTARY DISMISSAL ENTERED 4-20-2020 - (DOCKET NO. [13])
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Juan Soria Represented By
D Justin Harelik
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-11032
Elizabeth Leeann Brown
Chapter 13
#6.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 11
*** VACATED *** REASON: RENOTICED TO JUNE 3, 2020 AT 2:00
P.M. PER NOTICE FILED 4-21-2020 - (DOCKET NO. [14]) Tentative Ruling:
Party Information
Debtor(s):
Elizabeth Leeann Brown Represented By Bert Briones
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
6:17-17512
Douglas Craig Woodard
Chapter 7
#1.00
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 4/16/20)
Docket 130
*** VACATED *** REASON: Cont. to 7/16/20 @ 9:00 a.m. by order signed and entered on 5/13/20 - jc
Tentative Ruling:
NONE LISTED -
Party Information
Debtor(s):
Douglas Craig Woodard Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
6:17-17512
Douglas Craig Woodard
Chapter 7
Adv#: 6:19-01075 Anderson v. Woodard et al
#2.00
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 4/16/20)
Docket 1
*** VACATED *** REASON: Cont. to 7/16/20 @ 9:00 .a.m. by order signed and entered on 5/14/20 - jc
Tentative Ruling:
NONE LISTED -
Party Information
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
9:00 AM
CONT...
Trustee(s):
Douglas Craig Woodard
Melissa Davis Lowe
Chapter 7
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
6:17-17512
Douglas Craig Woodard
Chapter 7
Adv#: 6:19-01075 Anderson v. Woodard et al
#3.00
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 4/16/20)
Docket 17
*** VACATED *** REASON: Cont. to 7/16/20 @ 9:00 a.m. by order signed on 5/13/20 - jc
Tentative Ruling:
NONE LISTED -
Party Information
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
CONT...
Douglas Craig Woodard
Chapter 7
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
8:19-10670
Edgar Sebastian Vazquez and Ligia Vazquez
Chapter 13
#1.00
CONT'D Motion for relief from stay [Real Property]
The Bank of New York Mellon Trust Company, N.A. As Successor-In-Interest To All Permitted Successors And Assigns Of JPMorgan Chase Bank, National Association, As Trustee For Specially Underwriting And Residential Finance Trust Mortgage Loan Asset-Backed Certificates, Series 2005-BC3 vs.
DEBTORS
(Motion filed 2/10/2020)
[RE: 1396 Shannon Lane, Costa Mesa, CA 92626]
FR: 3-9-20; 4-13-20
Docket 47
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the status of this matter.
Party Information
9:00 AM
CONT...
Debtor(s):
Edgar Sebastian Vazquez and Ligia Vazquez
Chapter 13
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
8:19-14566
Maria Felix
Chapter 11
#2.00
CONT'D Motion for relief from stay [Real Property]
U.S. Bank National Association As Trustee, Relating To Home Equity Mortgage Trust Series 2007-2, Home Equity Mortgage Pass-Through Certificates, Series 2007-2 vs. DEBTOR
(Motion filed 3/18/2020)
[Continued As A Holding Date]
[RE: 7712 Jackson Way A, B, C, D, Buena Park, California 90620]
FR: 4-13-20
Docket 48
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire as to the status of a possible settlement.
Party Information
9:00 AM
CONT...
Debtor(s):
Maria Felix
Chapter 11
Maria Felix Represented By
Michael Jones Sara Tidd
9:00 AM
8:19-14723
James Alvin Grove
Chapter 7
Adv#: 8:20-01026 Nigolian et al v. Grove
#3.00
Hearing RE: Motion For Stay Pending Resolution Of Arbitration (Motion filed 4/22/20)
Docket 6
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Plaintiffs commenced an adversary proceeding against Debtor and now ask the Court to stay the very same adversary proceeding. Plaintiffs opened the door to the resolution of the underlying claim by commencing this adversary proceeding. Having elected to proceed in this Court, the Court will not permit Plaintiffs to back away from the very controversy that they initiated. The Motion is denied.
However, due to the pandemic, the Court will entertain arguments that any deadline imposed by the Court with respect to conclusion of discovery or the hearing of pretrial motions should be set out more distantly in the future than is customary.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
James Alvin Grove Represented By
9:00 AM
CONT...
James Alvin Grove
Michael N Nicastro Michael G Spector
Chapter 7
Defendant(s):
James Alvin Grove Represented By Michael G Spector
Plaintiff(s):
Sarine Nigolian Represented By Grant A Nigolian
Grant Nigolian Represented By Grant A Nigolian
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-14723
James Alvin Grove
Chapter 7
#4.00
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Grant Nigolian, Sarine Nigolian, Azad Sabounjian, And Susan Sabounjian vs. DEBTOR
(Motion filed 4/22/2020)
[RE: In re James Alvin Grove (U.S. Bankruptcy Court, Central District Of California. - Southern Division]
[Case Number: 8:19-bk-14723-MW - “JG Bk”)
And
[RE: In re James A. Grove Inc. ((U.S. Bankruptcy Court, Central District Of California. - Southern Division]
[Case Number: 8:20-bk-10046 - “Inc. Bk.”)
Docket 81
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the hearing to November 30, 2020 at 9:00 a.m. in view of the pandemic and the possible need for an evidentiary hearing.
COURT TO PREPARE ORDER.
9:00 AM
CONT...
Debtor(s):
James Alvin Grove
Party Information
Chapter 7
James Alvin Grove Represented By Michael N Nicastro Michael G Spector
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#1.00
CONT'D Hearing RE: Trustee's Amended Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 12/12/19) (Amended Final Report filed 12/20/19)
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $20,847.49; Expenses: $10.00]
[RE: WEILAND GOLDEN GOODRICH, LLP - Attorney For Chapter 7 Trustee]
[Fees: $78,860.00; Expenses: $1,901.26]
[RE: SHULMAN BASTIAN, LLP - Special Counsel For Chapter 7 Trustee] [Fees: $60,339.24; Expenses: $1,408.67]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $30,198.00; Expenses: $1,266.50]
Prior Chapter Fees And Administrative Expenses: [RE: THE DILLINGER LAW FIRM PC]
[Prior Chapter Administrative Expenses - Claim No. 23 - $26,288.38]
[RE: SHULMAN HODGES & BASTIAN LLP - Attorney For Debtor-In- Possession]
[Fees: $177,973.00; Expenses: $10,020.18]
FR: 1-27-20; 2-24-20; 4-13-20
Docket 301
Tentative Ruling:
2:00 PM
CONT...
JoJo's Pizza Kitchen Inc
Chapter 7
TELEPHONIC APPEARANCES REQUIRED.
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
$20,847.49 and expenses in the amount of $10.00.
The compensation is approved as to Weiland Golden Goodrich LLP, with fees in the amount of $78,860.00 and expenses in the amount of $1,901.26.
The compensation is approved as to Shulman Bastian LLP, with fees in the amount of
$180,257.00 and expenses in the amount of $9,248.24.
The compensation is approved as to Hahn Fife & Company LLP, with fees in the amount of $30,198.00 and expenses in the amount of $1,266.50.
The compensation is approved as to United States Trustee, with fees in the amount of
$1,632.08.
2:00 PM
CONT...
JoJo's Pizza Kitchen Inc
Chapter 7
The compensation is approved as to FTB, with fees in the amount of $3,690.56. Proposed payments are all approved.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen Melissa Davis Lowe
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#2.00
CONT'D Hearing RE: First And Final Application For Approval Of Chapter 11 Fees And Reimbursement Of Expenses For The Period From January 7, 2013 Through September 24, 2014
(Motion filed 1/7/29)
[RE: SHULMAN BASTIAN LLP - Counsel For The Chapter 11 Debtors] [Fees: $180,257.00; Expenses: $9,248.24]
FR: 1-27-20; 2-24-20; 4-13-20
Docket 306
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant the Application and will award on a final basis $180,257.00 in fees and $9,248.24 in expenses and will approve a payment (subject to the availability of funds and the subordination of chapter 11 fees and expenses to chapter 7 fees and expenses) of $117,805.24.
SHULMAN BASTION LLP TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
JoJo's Pizza Kitchen Inc
Chapter 7
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen Melissa Davis Lowe
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#3.00
CONT'D Hearing RE: Trustee's Amended Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 12/12/19) (Amended Final Report filed 12/20/19)
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $21,096.11; Expenses: $0.00]
[RE: WEILAND GOLDEN GOODRICH, LLP - Attorney For Chapter 7 Trustee]
[Fees: $0.00; Expenses: $0.00]
[RE: SHULMAN BASTIAN, LLP - Special Counsel For Chapter 7 Trustee] [Fees: $0.00; Expenses: $0.00]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $0.00; Expenses: $0.00]
Prior Chapter Fees And Administrative Expenses: [RE: THE DILLINGER LAW FIRM PC]
[Prior Chapter Administrative Expenses - Claim No. 19 - $52,576.61]
[RE: SHULMAN HODGES & BASTIAN LLP - Attorney For Debtor-In- Possession]
[Fees: $0.00; Expenses: $0.00]
FR: 1-27-20; 2-24-20; 4-13-20
Docket 298
Tentative Ruling:
2:00 PM
CONT...
JoJo's Pizza Kitchen Inc
Chapter 7
TELEPHONIC APPEARANCES REQUIRED.
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
$21,096.11 and expenses in the amount of $0.
The compensation is approved as to IMS, with fees in the amount of $12,433.04 and expenses in the amount of $0.
The compensation is approved as to United States Trustee, with fees in the amount of
$659.08.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
JoJo's Pizza Kitchen Inc
Chapter 7
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen Melissa Davis Lowe
2:00 PM
8:19-13904
Kathy D Gorski and Michael A Gorski
Chapter 11
#4.00
CONT'D Hearing RE: Motion For Order: (1) Approving Sale Of Real Property Free And Clear Of Liens; (2) Authorizing Disbursement Of Sale Proceeds (Motion filed 3/17/2020)
[RE: 17017 7th Street, Sunset Beach, CA 90742]
FR: 4-13-20; 4-20-20
Docket 84
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court, whose tentative ruling is to grant the motion to abandon this property, will deny this sale motion as moot.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Kathy D Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
2:00 PM
CONT...
Kathy D Gorski and Michael A Gorski
Chapter 11
Joint Debtor(s):
Michael A Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
2:00 PM
8:19-13904
Kathy D Gorski and Michael A Gorski
Chapter 11
#4.10
Hearing RE: Debtor's Motion To Abandon Property Of The Estate (Motion filed 4/23/20)
Docket 98
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Kathy D Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
Joint Debtor(s):
Michael A Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
2:00 PM
8:19-13904
Kathy D Gorski and Michael A Gorski
Chapter 11
#4.20
CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/4/19)
FR: 1-22-20; 5-13-20
Docket 15
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with United States Trustee guidelines and requirements.
Next status conference: September 16, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Kathy D Gorski Represented By Andy C Warshaw
2:00 PM
CONT...
Kathy D Gorski and Michael A Gorski
Chapter 11
Joint Debtor(s):
Michael A Gorski Represented By Andy C Warshaw
2:00 PM
8:16-15208
Michael Younessi
Chapter 11
#5.00
Hearing RE: Final Fee Application For Allowance Of Professional Fees And Costs For The Period From December 27, 2016 Through December 21, 2017 (Application filed 4/20/2020)
[RE: M. JONES AND ASSOCIATES - Attorney For Debtor] [Fees: $60,295.00; Expenses: $2,387.27]
[Post-Confirmation Fees: $60,910.80; Expenses: $0.00] TOTAL: Fees: $121,205.80; Expenses: $2,387.27]
Docket 308
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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 on a final basis, with fees in the amount of
$123,593.07 and expenses in the amount of $2,387.27.
Applicant is authorized to withdraw such fees and expenses from Applicant's IOLTA. APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
2:00 PM
CONT...
Debtor(s):
Michael Younessi
Party Information
Chapter 11
Michael Younessi Represented By Michael Jones Sara Tidd
2:00 PM
8:19-11375
SoCal REO Acquisitions Group LLC
Chapter 11
#6.00
Hearing RE: Application For Payment Of Final Fees And/Or Expenses For The Period From April 15, 2019 Through April 22, 2020
(Application filed 4/23/20)
[RE: VOKSHORI LAW GROUP - Attorney For Debtor] [Fees: $29,750.00: Expenses: $408.75]
Docket 142
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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 on a final basis, with fees in the amount of
$29,750.00 and expenses in the amount of $408.75. Payment of $9,301.40 is authorized at this time.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
SoCal REO Acquisitions Group LLC
Chapter 11
SoCal REO Acquisitions Group LLC Represented By
Nima S Vokshori Henry D Paloci
2:00 PM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
#7.00
Hearing RE: Motion By Chapter 11 Trustee For A Third Extension Of Exclusive Periods Within Which The Debtor May File A Plan Of Reorganization And Solicit Acceptances
(Motion filed 4/24/2020)
Docket 543
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe
2:00 PM
CONT...
South Coast Behavioral Health, Inc.
Nanette D Sanders
Chapter 11
2:00 PM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
#8.00
Hearing RE: Motion By Chapter 11 Trustee For Order Authorizing Assumption Of Real Property Leases
(Motion filed 4/24/2020)
Docket 542
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
CHAPTER 11 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe
2:00 PM
CONT...
South Coast Behavioral Health, Inc.
Nanette D Sanders
Chapter 11
2:00 PM
8:15-10182
Ahmad Malkawi
Chapter 7
#9.00
Hearing RE: Motion By Debtor To Reconsider Or Vacate Order Reopening Case Or, In The Alternative, To Close Case
(Motion filed 4/27/2020)
Docket 53
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Just as the Trustee has failed to make a sufficient showing that the bankruptcy estate has at least some minimal interest in the Global Telecom shares, so has the Debtor failed to make a sufficient showing establishing that no such interest is owned by the bankruptcy estate.
The motion is denied without prejudice. No renewed motion may be filed prior to October 31, 2020.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
Ahmad Malkawi
Chapter 7
Ahmad Malkawi Represented By Zuhair Nubani
Michael B Reynolds
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello
2:00 PM
8:19-14865
Ice Energy Holdings, Inc.
Chapter 7
#10.00
CONT'D Hearing RE: Chapter 7 Trustee's Motion For Order Extending Time To Assume Or Reject All Executory Contracts, Personal Property Leases And Insurance Policies Pursuant To 11 U.S.C Section 365(d)(1)
(Motion filed 4/15/2020)
[Notice of Withdrawal filed 5/14/2020 as to Oracle American, Inc. as successor in interest to NewSuite ONLY]
FR: 5-11-2020
Docket 120
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Based upon the Ninth Circuit's recent decision in Harkey v. Grobstein (In re Point Center Financial, Inc.), No. 18-56398 (9th Cir. April 29, 2020), the Court determines that it possesses the authority to grant this Motion and in fact grants the motion except as to Oracle America, Inc.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
Ice Energy Holdings, Inc.
Chapter 7
Ice Energy Holdings, Inc. Represented By Hamid R Rafatjoo
Trustee(s):
Thomas H Casey (TR) Represented By Jeffrey I Golden Michael J. Weiland
9:00 AM
6:20-10670
Nichole Victoria Sutliff
Chapter 7
#1.00
Paul V. Reza - movant attorney Motion for Relief from Stay
SchoolFirst Federal Credit Union vs. DEBTOR (Motion filed 4/20/20)
RE: 2019 Mitsubishi Outlander VIN JA4JZ4AX2KZ010356
Docket 10
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Nichole Victoria Sutliff
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Nichole Victoria Sutliff Represented By Steven A Alpert
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
6:20-11866
Adrian Hernandez Camacho
Chapter 7
#2.00
Law Office of Vincent Frounjian, Esq. - movant attorney Motion for Relief from Stay
American Honda Finance Corporation vs. DEBTOR, Karl Anderson, trustee (Motion filed 4/28/20)
Re: 2013 Honda Accord, VIN: 1HGC R2F8 5DA0 50065
Docket 12
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Adrian Hernandez Camacho
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Adrian Hernandez Camacho Represented By Melissa A Raskey
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
6:20-12126
Cecilia Perez Garcia
Chapter 7
#3.00
Buchalter, P.C. - movant attorney Motion for Relief from Stay
Golden 1 Credit Union vs. DEBTOR (Motion filed 4/22/20)
Re: 2016 Dodge Challenger .
Docket 13
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Cecilia Perez Garcia
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Cecilia Perez Garcia Represented By
George C Panagiotou
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
6:20-12542
Monique Amanda Garcia
Chapter 7
#4.00
Buchalter, P.C. - movant attorney Motion for Relief from Stay
Golden 1 Credit Union vs. DEBTOR (Motion filed 4/22/20)
Re: 2018 Nissan Maxima .
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Monique Amanda Garcia
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Monique Amanda Garcia Represented By Robert W Ripley
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
6:20-12864
Jorge Luis Navarro, Jr.
Chapter 7
#5.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
TD Auto Finance LLC vs. DEBTOR (Motion filed 4/27/20)
Re: 2018 CHEVROLET SILVERADO VIN 3GCUKSEJ5JG516716
Docket 7
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Jorge Luis Navarro, Jr.
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Jorge Luis Navarro Jr. Represented By Joseph Collier
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
6:09-14254
Fleetwood Enterprises, Inc. and PACO STEEL &
Chapter 11
#1.00
Hrg. on Trustee's Motion filed 4/22/20 for Entry of an Order Further Extending Term of the Fleetwood Liquidating Trust Through and Including June 30, 2021
Docket 4885
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
LIQUIDATING TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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
6:16-11051
Wilbert Mauricio Henriquez
Chapter 7
Adv#: 6:16-01072 VOKSHORI LAW GROUP, APLC v. Henriquez
#2.00
Hrg. on Order for Appearance and Examination (Cont. from 3/24/20)
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the judgment debtor examination to July 6, 2020 at 2:00 p.m. in view of the pandemic and closure of the Courthouse to the public.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Wilbert Mauricio Henriquez Represented By Brad Weil
2:00 PM
CONT...
Wilbert Mauricio Henriquez
Chapter 7
Defendant(s):
Wilbert Mauricio Henriquez Represented By Brad Weil
Plaintiff(s):
VOKSHORI LAW GROUP, APLC Represented By
Nima S Vokshori Brad Weil
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
6:16-19700
Glenn H Spears
Chapter 7
#3.00
Hrg. on Debtor's Motion filed 4/27/20 for Permission To File Abandonment Motion Regarding Employment Lawsuit Asset
Docket 57
*** VACATED *** REASON: Motion Withdrawn on 5/7/20 - jc Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Glenn H Spears Represented By Brian C Fenn
Michael F Chekian
Trustee(s):
Robert Whitmore (TR) Represented By Hydee J Riggs
2:00 PM
6:17-17328
Bradford Leon Fee and Christine Diane Fee
Chapter 7
#4.00
Hrg. on approval trustee's final report; applications for compensation
Docket 74
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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 $5,338.34 and expenses in the amount of $56.20.
The compensation is approved as to Goe, Forsythe, & Hodges, with fees in the
2:00 PM
CONT...
Bradford Leon Fee and Christine Diane Fee
Chapter 7
amount of $32,761.46 and expenses in the amount of $353.08.
The compensation is approved as to Menchaca & Company, with fees in the amount of $3,130.79 and expenses in the amount of $38.35.
The compensation is approved as to GlassRatner Advisory Group, with fees in the amount of $9,237.61 and expenses in the amount of $79.42.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Bradford Leon Fee Represented By Suzette Douglas
Joint Debtor(s):
Christine Diane Fee Represented By Suzette Douglas
Trustee(s):
Steven M Speier (TR) Represented By Donald W Reid Robert P Goe
Goe & Forsythe LLP Thomas J Eastmond
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
#5.00
Hrg. on Plan Proponents' Motion and Joint Motion (i) to Modify Second Amended Plan of Reorganization dated November 1, 2018 (as modified per instructions from court) and (ii) for entry of Order Confirming Second Amended Plan as Modified
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Pending before the Court is the Joint Motion (i) To Modify Second Amended Plan of Reorganization Dated November 1, 2018 (as Modified per Instructions of Court) and
(ii) Entry of Order Confirming Second Amended Plan as Modified, filed by plan proponents (the "Proponents") Terry Lee Fleming Jr. and Havasu Landing, LLC (the "Motion").
This case has been hard fought and in litigation for a very long time indeed. Attorneys’ fees and expenses continue to mount. The Court would like to see the case settled and will be ordering it into mediation, such mediation to occur prior to any decision by the Court with respect to the Motion.
To facilitate mediation, the Court will provide the parties with some guidance in the
2:00 PM
CONT...
Terry Lee Fleming, Sr
Chapter 11
form of the Court’s tentative thinking relating to the arguments made by the parties in support of and in opposition to the Motion. These are not rulings, they are merely the Court’s current thinking and are subject to wholesale modification and revision based upon developing statutory and case law and the Court’s reconsideration of the parties’ arguments.
The Court tends to agree with Havasu Lakeshore Investments, Inc. ("HLI") that what is being proposed by the Proponents is properly treated as a preconfirmation modification of a plan of reorganization under 11 U.S.C. § 1127(a), not a post- confirmation modification under 11 U.S.C. § 1127(b). Although a plan was previously confirmed, the order confirming the plan was vacated by the United States Bankruptcy Appellate Panel of the Ninth Circuit (the"BAP"), thereby nullifying and eliminating the confirmation. The Court also agrees with HLI that a new confirmation hearing or trial will be required if Proponents desire to confirm the plan they have proposed or any other plan. It is also possible the Court will require a new disclosure statement. The case’s complexity makes such a requirement likely here.
The doctrine of equitable mootness applies when an overruling of a plan confirmation order would "create an unmanageable, uncontrollable situation for the Bankruptcy Court" to undo the portion of the plan that had been carried out.
Sesame Street General Stores v. Ekstrom (In re S.S. Retail Stores Corp.), 216 F.3d 882, 884 (9th Cir. 2000). In the aftermath of (a) the BAP’s decision vacating the confirmation order and (b) the Supreme Court’s recent decision sharply limiting retroactive and/or nunc pro tunc relief, Roman Catholic Archdiocese of San Juan Puerto Rico v. Acevado Feliciano U.S. (Feb. 24, 2020), this is precisely the situation in which the Court finds itself. The Court faces an "unmanageable, uncontrollable situation" because this Court lacks the power to unboil an egg, un- ring a bell, enter orders nunc pro tunc as a form of revisionist history or to find a time machine and go back to the effective date and forestall from occurring the
2:00 PM
CONT...
Terry Lee Fleming, Sr
Chapter 11
multitudinous distributions already made under a plan that was once confirmed but now is un-confirmed.
Instead, the Court must make the best of the "unmanageable, uncontrollable situation" in which it finds itself. To restore some semblance of manageability, the Court will leave in place all plan distributions that have been previously made as of the date of this tentative and will prohibit any future distributions under the now un-confirmed plan unless and until Plan Proponents are able to confirm a new plan. Any creditor who has been paid in cash or through a conveyance of property will be entitled to retain such cash and/or property, and each such creditor’s claim will be treated by this Court as having been paid to the extent of such cash or the fair market value of such property. Any new plan shall address and provide for the full or partial payment only of the unpaid portions of creditors’ claims.
This Court previously determined that the total fair market value of the 46 lots and three finished homesites (the "Subject Property") conveyed to HLI was $3,694,000. HLI’s very first argument on appeal to the BAP was "The Bankruptcy Court Committed Error in Valuing the 49 Real Property Units." In addressing this argument, the BAP stated as follows: "A bankruptcy court’s determination of property value is a question of fact which we review for clear error [citing Arnold & Baker Farms]. Factual findings are clearly erroneous if they are illogical, implausible, or without support in the record . . . Valuations of property are factual findings to which we apply a deferential standard of review . . . This deference extends to a bankruptcy court’s choice of valuation methodology . . .we do not determine whether the valuation here was clearly erroneous . . .[underscoring added by this Court]" Thus, the BAP did not reverse, vacate or otherwise upset this Court’s previous determination that the Subject Property had a fair market value of
$3,694,000 at the time it was conveyed to HLI pursuant to the then-confirmed but now unconfirmed plan.
Under the law of the case doctrine, a court is generally precluded from
2:00 PM
CONT...
Terry Lee Fleming, Sr
Chapter 11
reconsidering an issue previously decided by the same court, or a higher court in the identical case." Ingle v. Circuit City, 408 F.3d 592,594 (9th Cir. 2005). A court abuses its discretion in applying the law of the case doctrine only if (1) the first decision was clearly erroneous; (2) an intervening change in the law occurred; (3) the evidence on remand was substantially different; (4) other changed circumstances exist; or (5) a manifest injustice would otherwise result. Id.
Here, the "issue previously decided" is the issue of the Subject Property’s fair market value as of the date of its distribution to HLI. As stated above, the Court determined that such value was $3,694,000. (1) The BAP did not find such determination to be "clearly erroneous"; nor does this Court, upon further reflection, find the determination to be clearly erroneous. (2) HLI has pointed the Court to no intervening change in the law nor does the Court perceive any such change that would affect its previous determination. (3) HLI proffers evidence that the Subject Property has dropped in value to $1,850,000 as of May 1, 2020. HLI in effect asks the Court to ignore the Subject Property’s fair market value as of the date it was distributed to HLI under the plan and instead to value it as of a date when a worldwide pandemic is raging throughout the United States and the rest of the world and to totally disregard such pandemic’s effect on the Subject Property’s fair market value. The Court does not consider this to be evidence of the caliber that would prompt it to reconsider its previous fair market value determination. (4)-
(5) The Court knows of no changed circumstances or of any "manifest injustice" bearing upon these matters.
Furthermore, the notion that an appraisal determining the fair market value of real property held for investment (or held for sale to customers in the ordinary course of a trade or business )must be adjusted to reflect the time value of money or costs of a future sale is flawed and illogical. A real estate appraisal is essentially a prediction or estimate of what a willing buyer would pay a willing seller for the subject property, neither being under a compulsion to buy or sell and each being informed
2:00 PM
CONT...
Terry Lee Fleming, Sr
Chapter 11
of the relevant material facts concerning the property. A willing buyer knows several things: (1) he is giving up the amount of cash required to buy the subject property; (2) he is receiving title to the subject property; (3) when in the future he decides to sell the subject property, there will be costs of sale; and (4) the proceeds of any future sale will be received in the future, not at the time he initially acquires the property (omitting double-escrow type transactions). Thus, the amount of the purchase price agreed to by the buyer already includes adjustments for the cost of sale and the time value of the buyer’s money (i.e., purchase price). If a buyer had a crystal ball and could be certain that in the future he would sell the property for exactly what he paid for it, he would know that he would be losing money on the transaction because he would not be recovering the costs of sale and time value of money. Knowing this, he would not bid in an amount that would guarantee him a loss when he sold in the future. To reduce an appraised amount by costs of sale or time value of money would constitute a double-counting these items, because they are already included and taken account in the price agreed to by the buyer.
For these reasons, the law of the case doctrine applies, the Subject Property was worth $3,694,000 was of the date it was distributed to HLI, and HLI’s claim in this case is deemed to have been paid down by $3,694,000 plus the amount of any cash distributed to HLI as of the plan effective date (and therefore ceases to accrue interest on such amount from and after such date). Any new plan proposed by Plan Proponents shall provide for only the un-paid down portion of HLI’s claim.
As stated earlier, the Court will order this case into mediation. Mediation may be difficult or delayed in view of the pandemic. To allow sufficient time for the mediation process to take place and to be completed, the Court will enter an order
(1) setting a deadline of June 30, 2020 for the parties to file a mediation stipulation and lodge an order thereon, (2) continue the hearing on the Motion to November 3, 2020 at 2:00 pm. , and (3) stay all proceedings in this case and the related adversary proceedings (excepting only the mediation) through and including the hearing of the Motion.
2:00 PM
CONT...
Debtor(s):
Terry Lee Fleming, Sr
Party Information
Chapter 11
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
6:18-18456
Javier V Ahumada
Chapter 7
#6.00
Hrg. on approval trustee's final report; applications for compensation
Docket 41
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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 $1,656.88 and expenses in the amount of $20.00.
The compensation is approved as to Pagter & Perry Isaacson, with fees in the amount
2:00 PM
CONT...
Javier V Ahumada
Chapter 7
of $5,000.00 and expenses in the amount of $0.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Javier V Ahumada Represented By Glenn Park
Trustee(s):
Arturo Cisneros (TR) Represented By
Misty A Perry Isaacson
2:00 PM
6:19-14502
Caribou Energy Corporation
Chapter 7
#7.00
Hrg. on Order to Show Cause as to why this case should not be dismissed
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Dismiss this case with a 180-day bar to re-filing. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Caribou Energy Corporation Pro Se
Trustee(s):
Lynda T. Bui (TR) Represented By David M Goodrich
2:00 PM
6:19-18367
Affordable Auto Repair, Inc.
Chapter 11
#8.00
Hrg. on Application filed 4/21/20 for Compensation - First Interim for M. Jones & Associates, PC, Debtor's Attorney, Period: 9/23/2019 to 4/20/2020
Fees: $27,550.00, Expenses: $333.61
Docket 76
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The United States Trustee (the "UST") has objected to the interim fee application of
M. Jones & Associates, PC (the "Applicant") on the ground that many of the entries in the itemized list of services performed are lumped with clerical services. The UST points out that clerical work is not compensable, and that "[l]umping is universally disapproved by bankruptcy courts because this practice permits an applicant to claim compensation for minor tasks, which, if reported individually, might not be compensable." Citing In re Stewart, 2008 WL 8462960 (B.A.P. 9th Cir., March 14, 2008).
Applicant’s Reply asserts that the firm does not bill for clerical work and that it does not "lump" services in its billing entries.
2:00 PM
CONT...
Affordable Auto Repair, Inc.
Chapter 11
"Lumping" is a problem when the time expended on various tasks is aggregated into a single large time entry. For example, "Prepare motion for relief from stay; prepare motion for summary judgment; prepare outline for deposition; research fraudulent transfer law – 8.7 hours." This type of recordkeeping makes it impossible for a bankruptcy court to determine whether an excessive amount of time was consumed in preparing the motion for relief from stay, or the motion for summary judgment, or the other enumerated tasks. Lumping is much less of a problem, however, when the amount of time spent on the enumerated tasks is relatively modest. "Prepare email to opposing counsel; telephone conference with client re same – 0.3 hours" is a form of lumping, but it is harmless lumping. A bankruptcy court would not gain much information if this entry were broken down into 0.1 for preparing the email and 0.2 for the telephone conference (or vice-versa).
Applicant’s interim fee application certainly does engage in lumping: "10/15/2019 Michael Jones Prepare initial MOR and advise client on process for same going forward . . . 2.80 [hours]. Preparing the initial MOR and advising the client on the MOR process are two separate and distinct tasks. However, this and the other instances of lumping are in the harmless lumping category described above.
Whether Mr. Jones spent 1.2 hours preparing the initial MOR and 1.6 hours advising the client on all the multitudinous details of preparing an MOR or 1.6 hours on the MOR and 1.2 hours advising the client is a matter of indifference to the Court.
Nowhere in the interim fee application does the Court find what it would regard as large time entries giving rise to the true lumping problem described above.
The Court also notes that "lumping" is not a necessary condition for concealing the billing of clerical tasks: an attorney might record 5.8 hours for preparing a summary judgment motion and include in that entry the time he spent photocopying relevant cases after hours when the clerical staff had left for the day.
The UST’s objection is overruled. The Court grants the application and allows, on an interim basis, attorney’s fees of $27,550.00 and costs of $333.61. Payment is not
2:00 PM
CONT...
Affordable Auto Repair, Inc.
Chapter 11
authorized at this time because the cash in the estate is less than these amounts.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Affordable Auto Repair, Inc. Represented By Michael Jones Sara Tidd
9:00 AM
8:15-13556
John Olaf Halvorson
Chapter 7
Adv#: 8:17-01120 Kosmala v. Hoosten et al
#1.00
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; 10-16-19; 1-22-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
9:00 AM
CONT...
John Olaf Halvorson
Chapter 7
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 theron on or prior to June 30, 2020.
The Status Conference is continued to November 18, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
John Olaf Halvorson Represented By Marc C Forsythe Charity J Miller
Defendant(s):
David Hoosten Pro Se
PCC Fund 1, LLC Pro Se
Rod Van Zandt Pro Se
Plaintiff(s):
Weneta M.A. Kosmala Represented By Reem J Bello
Trustee(s):
Weneta M Kosmala (TR) Represented By Reem J Bello Faye C Rasch Jeffrey I Golden
9:00 AM
8:19-12113
Heidi Crawford
Chapter 7
Adv#: 8:19-01179 DX Home Designs Inc. v. Crawford et al
#2.00
CONT'D Hearing RE: Motion For Reconsideration Of Default Judgment (Motion filed 3/2/2020)
FR: 3-25-20
Docket 63
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to deny the Motion for the reasons argued by Plaintiff DX Home Design, Inc. in its opposition.
The Court will set a hearing on Plaintiff's motion for default judgment against Michael Crawford and Style House, Inc. for July 8, 2020 at 9:00 a.m.
PLAINTIFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Heidi Crawford Represented By
9:00 AM
CONT...
Heidi Crawford
Richard G Heston
Chapter 7
Defendant(s):
Heidi Crawford Pro Se
Michael Dean Crawford Pro Se
Style House Inc. Pro Se
Michael Crawford Pro Se
Plaintiff(s):
DX Home Designs Inc. Represented By Michael Jay Berger
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-13068
Antonio Espinoza Muro
Chapter 7
Adv#: 8:19-01208 Marshack v. Vasquez et al
#3.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Fraudulent Transfer;
Avoidance Of Fraudulent Transfer; And
Recovery Of Avoided Transfers (Complaint filed 10/17/19)
FR: 1-22-20; 3-11-20
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will issue a scheduling order:
All discovery closes October 31, 2020.
All discovery motions shall be heard before November 30, 2020.
All pretrial motions shall be heard before December 31, 2020.
The Court sets a status conference for December 16, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
9:00 AM
CONT...
Debtor(s):
Antonio Espinoza Muro
Party Information
Chapter 7
Antonio Espinoza Muro Pro Se
Defendant(s):
Maribel Carolyn Muro Vasquez Pro Se Maribel Carolyn Muro Vasquez, as Pro Se
Plaintiff(s):
Richard A Marshack Represented By Michael G Spector
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
8:19-13068
Antonio Espinoza Muro
Chapter 13
Adv#: 8:19-01208 Marshack v. Vasquez et al
#4.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Fraudulent Transfer;
Avoidance Of Fraudulent Transfer; And
Recovery Of Avoided Transfers (Complaint filed 10/17/19)
FR: 1-22-20; 3-11-20
Docket 1
*** VACATED *** REASON: OFF CALENDAR - DUPLICATE OF NUMBER 3 ON CALENDAR.
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Antonio Espinoza Muro Represented By
J.D. Cuzzolina
Defendant(s):
Maribel Carolyn Muro Vasquez Represented By
J.D. Cuzzolina
Maribel Carolyn Muro Vasquez, as Represented By
J.D. Cuzzolina
Plaintiff(s):
Richard A Marshack Represented By Michael G Spector
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-14527
Anthony Afshin Kashani
Chapter 7
Adv#: 8:20-01025 Lewis v. Kashani
#5.00
STATUS CONFERENCE Hearing RE: Amended Complaint To Determine Of Dischargeability Of Debt
(Complaint filed 3/2/2020)
(Amended Complaint filed 3/30/2020)
Docket 4
*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING ADVERSARY COMPLAINT ENTERED 5-1-2020 - (DOCKET NO. [10])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Anthony Afshin Kashani Represented By Mirsaied Kashani
Defendant(s):
Anthony Afshin Kashani Pro Se
Plaintiff(s):
Jeff Lewis Represented By
Michael D Franco
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur
9:00 AM
8:19-14566
Maria Felix
Chapter 11
#6.00
CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 11/21/19)
FR: 1-22-20
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into compliance with United States Trustee guidelines and requirements. The Court generally prefers that major disputed claims be resolved before proceeding to the plan confirmation process. Disputed tax claims often take a very long time to be resolved . Accordingly, the Court will not at this time establish any deadlines for filing or confirming a plan of reorganization.
Next status conference: November 18, 2020 at 9 a.m. An updated status report is due November 4, 2020.
9:00 AM
CONT...
Maria Felix
Chapter 11
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Maria Felix Represented By
Michael Jones
9:00 AM
8:19-14768
Robert Fonseca
Chapter 7
Adv#: 8:20-01039 Donaldson et al v. Fonseca et al
#7.00
Hearing RE: Request And Application For Entry Of Default Judgment Pursuant To LBR 7055-1
(Motion filed 4/29/2020)
Docket 12
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion for entry of default judgment. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Robert Fonseca Represented By Steven A Alpert
Defendant(s):
Robert Fonseca Pro Se
Laura Teresa Hernandez Pro Se
9:00 AM
CONT...
Robert Fonseca
Chapter 7
Joint Debtor(s):
Laura Teresa Hernandez Represented By Steven A Alpert
Plaintiff(s):
Samuel Donaldson Represented By Michael Jones
Patricia Donaldson Represented By Michael Jones
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
8:19-14768
Robert Fonseca
Chapter 7
Adv#: 8:20-01038 Chavarria, Jr. v. Fonseca et al
#8.00
Hearing RE: Request And Application For Entry Of Default Judgment Pursuant To LBR 7055-1
(Motion filed 4/29/2020)
Docket 11
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion for entry of default judgment. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Robert Fonseca Represented By Steven A Alpert
Defendant(s):
Laura Teresa Hernandez Pro Se
Robert Fonseca Pro Se
9:00 AM
CONT...
Robert Fonseca
Chapter 7
Joint Debtor(s):
Laura Teresa Hernandez Represented By Steven A Alpert
Plaintiff(s):
Mark Chavarria Jr. Represented By Michael Jones
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
#1.00
Hrg. on Chapter 11 Status Conference (Cont. from 12/11/19)
Docket 0
*** VACATED *** REASON: Cont. to 11/3/20 @ 2:00 p.m. by order signed on 5/20/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
Adv#: 6:17-01272 Fleming, Sr et al v. Doucette et al
#2.00
STATUS CONFERENCE Re: Hearing RE: lawsuit pending in State Court to Bankruptcy Court
(Notice of Removal filed 12/13/17)
[RE: Superior Court Of The State Of California For The County Of Riverside, Case No PSC1502480 ]
[Case: Havasu Lakeshore Investments, LLC v. Terry L. Fleming, Sr. et al., ]
(Cont from 4/9/20)
Docket 0
*** VACATED *** REASON: Cont. to 11/3/20 @ 2:00 p.m. by order signed on 5/20/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
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
Plaintiff(s):
Terry Lee Fleming Sr Represented By
9:00 AM
CONT...
Terry Lee Fleming, Sr
James E Till James E Till James E Till
Chapter 11
Havasu Lakeshore Investments Represented By Martin A Eliopulos
9:00 AM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
Adv#: 6:17-01273 Havasu Lakeshore Investments v. Fleming, Jr et al
#3.00
STATUS CONFERENCE Hearing RE: lawsuit pending in State Court to Bankruptcy Court
(Notice of Removal filed 12/13/17) (Cont. from 4/9/20)
[RE: Superior Court Of The State Of California For The County Of Orange, Case No 30-2015-00805846-CU-FRCJC ]
[Case: Havasu Lakeshore Investments, LLC v. Terry L. Fleming, Sr. et al., ]
Docket 0
*** VACATED *** REASON: Cont. to 11/3/20 @ 2:00 p.m. by order signed on 5/20/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
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
9:00 AM
CONT...
Terry Lee Fleming, Sr
James E Till
Chapter 11
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
6:18-20687
Jack E. Commeford
Chapter 7
Adv#: 6:19-01101 Anderson, Chapter 7 Trustee v. Trujillo
#4.00
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))
(Cont. from 2/27/20)
Docket 1
*** VACATED *** REASON: Default Judgment Motion granted on 4/23/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
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
6:20-13495
Jatisha Lawan Purnell
Chapter 7
#5.00
Hrg. on Debtor's Application filed 5/18/20 to Proceed in forma pauperis
Docket 5
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
Jatisha Lawan Purnell Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
2:30 PM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01155 Naylor v. Sun et al
#1.00
Hearing RE: Chapter 7 Trustee's Motion To Strike Defendants' Late Filed Opposition To Trustee's Motion For Summary Adjudication, Or In The Alternative, To Extend The Hearing And Time For Trustee To File A Reply (Set per OST Entered 5-22-20)
[Tele. appr., Thomas H. Casey, repr., Karen Sue Naylor, Chapter 7 Trustee] [Tele. appr,, Eugene Fu, repr., Bianca Sun and Yan Yu Sun]
[Tele. appr., Kerry Moynihan, repr., Karen Naylor]
Docket 106
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion and strike the un-filed opposition. No opposition was ever filed (although a copy was served on the trustee). The opposition is untimely under LBR 7056-1(c)(1) and is therefore stricken.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
2:30 PM
CONT...
Debtor(s):
Chester Davenport
Party Information
Chapter 7
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Bianca Sun Represented By
Victor S Korechoff Eugene S Fu
Yan Yu Sun Represented By
Victor S Korechoff Eugene S Fu
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
2:30 PM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01155 Naylor v. Sun et al
#2.00
Hearing RE: Defendants Bianca Sun And Yan Sun's Ex Parte Motion To Allow Defendants' Late Filed Opposition To Plaintiff's Motion For Summary Judgment Or In The Alternative Motion For Continuance Of Hearing Of Plaintiff's Motion For Summary Judgment
(Motion filed 5/26/2020)
[Tele. appr., Thomas H. Casey, repr., Karen Sue Naylor, Chapter 7 Trustee] [Tele. appr,, Eugene Fu, repr., Bianca Sun and Yan Yu Sun]
[Tele. appr., Kerry Moynihan, repr., Karen Naylor]
Docket 114
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
2:30 PM
CONT...
Debtor(s):
Chester Davenport
Chapter 7
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Bianca Sun Represented By
Victor S Korechoff Eugene S Fu
Yan Yu Sun Represented By
Victor S Korechoff Eugene S Fu
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:16-14836
Magdalena Ku
Chapter 13
#1.00
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 4/30/2020)
[RE: 2626 S. Olive Street, Santa Ana, CA 92707-2213]
Docket 71
*** VACATED *** REASON: CONTINUED TO JUNE 8, 2020 AT 9:00
A.M. PER ORDER CONTINUING HEARING ENTERED 6-1-2020 - (DOCKET NO. [74])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Magdalena Ku Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:18-11678
Julie D Bentley
Chapter 13
#2.00
Motion for relief from stay [Real Property]
Cenlar FSB As Servicer For U.S. Bank National Association As Trustee For CMAALT REMIC 2006-A6-REMIC Pass-Through Certificates, Series 2006-A6 vs. DEBTOR
(Motion filed 5/4/2020)
[RE: 1325 North Sarita Place, Orange, CA 92869]
Docket 41
*** VACATED *** REASON: CONTINUED TO JUNE 8, 2020 AT 9:00
A.M. PER ORDER CONTINUING HEARING ENTERED 6-1-2020 - (DOCKET NO. [44])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Julie D Bentley Represented By Bryn C Deb
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-14566
Maria Felix
Chapter 11
#3.00
CONT'D Motion for relief from stay [Real Property]
U.S. Bank National Association As Trustee, Relating To Home Equity Mortgage Trust Series 2007-2, Home Equity Mortgage Pass-Through Certificates, Series 2007-2 vs. DEBTOR
(Motion filed 3/18/2020)
[Continued As A Holding Date]
[RE: 7712 Jackson Way A, B, C, D, Buena Park, California 90620]
FR: 4-13-20; 5-18-20
Docket 48
*** VACATED *** REASON: CONTINUED TO JUNE 8, 2020 AT 9:00
A.M. PER ORDER CONTINUING HEARING ENTERED 6-1-2020 - (DOCKET NO. [65])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Maria Felix Represented By
Michael Jones Sara Tidd
9:00 AM
8:19-10670
Edgar Sebastian Vazquez and Ligia Vazquez
Chapter 13
#4.00
CONT'D Motion for relief from stay [Real Property]
The Bank of New York Mellon Trust Company, N.A. As Successor-In-Interest To All Permitted Successors And Assigns Of JPMorgan Chase Bank, National Association, As Trustee For Specially Underwriting And Residential Finance Trust Mortgage Loan Asset-Backed Certificates, Series 2005-BC3 vs.
DEBTORS
(Motion filed 2/10/2020)
[RE: 1396 Shannon Lane, Costa Mesa, CA 92626]
FR: 3-9-20; 4-13-20; 5-18-19
Docket 47
*** VACATED *** REASON: CONTINUED TO JUNE 8, 2020 AT 9:00
A.M. PER ORDER CONTINUING HEARING ENTERED 6-1-2020 - (DOCKET NO. [68])
Tentative Ruling:
- NONE LISTED -
Party Information
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
6:20-10879
Ollie Davidson and Alicia Deshia Wilson-Davidson
Chapter 7
#1.00
McCarthy & Holthus, LLP - movant attorney Motion for Relief from Stay
Wells Fargo Bank vs. DEBTORS (Motion filed 4/28/20)
Re: 11852 Dana Drive, Adelanto, CA 92301
(Tele. appr. Nancy Lee, rep. creditor, Wells Fargo Bank)
Docket 15
Party Information
Debtor(s):
Ollie Davidson Represented By Todd L Turoci
Joint Debtor(s):
Alicia Deshia Wilson-Davidson Represented By Todd L Turoci
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
6:16-13150
Paul Gregory Katona and Gail Marie Katona
Chapter 7
#1.00
Hrg. on Trustee's final report; applications for compensation
[RE: John P. Pringle, Chapter 7 trustee]
{Fees $20,102.88; Expenses - $353.39]
[RE: Shulman Hodges & Bastian, LLP - Attorneys for chapter 7 trustee] [Fees $43,718.05; - Expenses $854.13]
[Hahn Fife & CO LLP - Accountant for trustee] [$2706.86 - Fees - $393.30 - Expenses]
(Tele. appr. Rika Kido, rep. trustee, John P. Pringle) (Tele. appr. John P. Pringle, chapter 7 trustee)
Docket 0
Party Information
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
Leonard M Shulman
2:00 PM
6:19-14766
Jason S Wade
Chapter 7
#2.00
Hrg. on trustee's final report; applications for compensation
[RE: A. Cisneros, chapter 7 trustee] [$761.01 - Fees; $20.00 - expenses]
Docket 0
Party Information
Debtor(s):
Jason S Wade Represented By
Christopher Hewitt
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:00 PM
6:19-15128
Nadia Ahmad
Chapter 7
#3.00
Hrg. on creditor, County of Los Angeles' Motion filed 4/20/20 for Fourth extension of time to file a complaint objecting to discharge or dischargeability of specific debts pursuant to 11 U.S.C. §§ 727 and 523
Docket 40
Debtor(s):
*** VACATED *** REASON: Order entered 4/23/20, approving extension of time to file complaint - jc
Party Information
Nadia Ahmad Pro Se
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
6:19-18367
Affordable Auto Repair, Inc.
Chapter 11
#4.00
Hrg. on U.S. Trustee Motion filed 3/19/20 to dismiss or convert chapter 11 case (Cont. from 4/21/20)
(Tele. appr. Michael Jones, rep. M. Jones & Associates, PC)
Docket 61
*** VACATED *** REASON: Cont. to 7/7/20 @ 2:00 p.m. by order signed on 6/2/20 - jc
Party Information
Debtor(s):
Affordable Auto Repair, Inc. Represented By Michael Jones Sara Tidd
9:00 AM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01155 Naylor v. Sun et al
#1.00
Hearing RE: Trustee's Motion For Partial Summary Adjudication (Motion filed 4/21/2020)
[Tele. appr., Thomas H. Casey, repr., Karen Sue Naylor (Chapter 7 Trustee)]
[Tele. appr., Eugene Fu, repr., Bianca Sun, and Yan Yu Sun (Defendants)] [Tele. appr., Kerry Moynihan, repr., Karen Sue Naylor (Plaintiff)]
Docket 101
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion. The Trustee is entitled to avoid the transfer of the Hacienda Property to Bianca Sun as an intentional fraudulent transfer pursuant to 11 U.S.C. § 548(a)(1)(A) and to recover such property from Bianca Sun pursuant to 11 U.S.C. § 550. The Trustee is entitled to judgment against Bianca Sun in the amount of $30,000 pursuant to 11 U.S.C. § 550.
As an independent ground for its decision regarding the Hacienda Property, the Court
9:00 AM
CONT...
Chester Davenport
Chapter 7
determines that such property is held in a resulting trust of which Chester Davenport was the initial beneficiary, and that such beneficial interest passed to the estate pursuant to 11 U.S.C. § 541.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Bianca Sun Represented By
Victor S Korechoff Eugene S Fu
Yan Yu Sun Represented By
Victor S Korechoff Eugene S Fu
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:19-10212
Hill Concrete Structures
Chapter 11
Adv#: 8:19-01144 Hill Concrete Structures et al v. Capital One Bank (USA), N.A.
#2.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint For Injunction Relief And Declaratory Relief
(Complaint filed 7/11/19)
[Holding Date]
FR: 10-9-19; 2-10-20; 4-22-20
[Tele. appr., Matthew I. Bobb, repr., Capital One Bank (USA) (Defendant)]
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue this status conference to September 23, 2020 at 9:00 a.m. in view of provisions of the settlement agreement approved by the Court.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Hill Concrete Structures
Chapter 11
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
8:19-11375
SoCal REO Acquisitions Group LLC
Chapter 11
#3.00
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.; 11-13-19; 1-29-20
Docket 1
*** VACATED *** REASON: CONTINUED TO AJUGUST 12, 2020 AT 9:00 A.M. PER HEARING HELD ON 4-22-20
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
SoCal REO Acquisitions Group LLC Represented By
Nima S Vokshori
9:00 AM
8:19-12113
Heidi Crawford
Chapter 7
Adv#: 8:19-01178 New Deco Arts & Crafts Co Ltd v. Crawford
#4.00
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; 12-4-19; 2-19-20
Docket 1
*** VACATED *** REASON: OFF CALENDAR - JUDGMENT ENTERED 5-11-2020 - (DOCKET NO. 73])
Tentative Ruling:
- NONE LISTED -
Party Information
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
8:19-12113
Heidi Crawford
Chapter 7
Adv#: 8:19-01179 DX Home Designs Inc. v. Crawford et al
#5.00
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; 12-4-19; 2-19-20
[Tele. appr., Michael J. Berger, repr., DX Home Designs, Inc. (Plaintiff)]
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
9:00 AM
CONT...
Heidi Crawford
Chapter 7
The Court will continue the Status Conference to July 8, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
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
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:19-01167 Complete Business Solutions Group, Inc. v. South Coast Behavioral Health,
#6.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Ownership In Accounts Receivable And The Proceeds
(Complaint Filed 8/8/19)
[S/C Continued as to West Coast Business Capital, LLC - (ONLY) per Order Entered 10/7/19)]
FR: 11-6-19; 11-27-19; 3-11-20; 4-15-20
Docket 1
*** VACATED *** REASON: CONTINUED TO FEBRUARY 8, 2021 AT 2:00 P.M. PER ORDER APPROVING STIPULATION EXTENDING CASE MANAGEMENT DEADLINES ENTERED 5-11-2020 - (DOCKET NO.
[72])
Tentative Ruling:
- NONE LISTED -
Party Information
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
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
BMF Capital LLC Pro Se
Plaintiff(s):
Complete Business Solutions Group, Represented By
Karel G Rocha
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:19-01167 Complete Business Solutions Group, Inc. v. South Coast Behavioral Health,
#7.00
Hearing RE: Motion For Entry Of Order Extending Pretrial Deadlines Set Forth In Scheduling Order Pursuant To Federal Rules Of Bankruptcy Procedure 9006(b)
(Motion filed 4/30/2020)
Docket 62
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION EXTENDING CASE MANAGEMENT DEADLINES ENTERED 5-11-2020 - (DOCKET NO. [72])
Tentative Ruling:
- NONE LISTED -
Party Information
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 Represented By Steven R Fox
Ikhan Capital LLC, Represented By Karel G Rocha
Bridge Funding Capital LLC, Represented By Karel G Rocha
West Coast Business Capital LLC, Represented By
Lei Lei Wang Ekvall
FID Funding Represented By
David B Zolkin
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
BMF Capital LLC Represented By David B Zolkin
Plaintiff(s):
Complete Business Solutions Group, Represented By
Keith C Owens
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:20-01006 South Coast Behavioral Health, Inc. v. 3151 Airway Avenue LLC et al
#8.00
CONT'D STATUS CONFERENCE Hearing RE: First Amended Complaint For Declaratory Relief; Turnover: Avoidance and Recovery of Avoidable Transfers (Complaint filed 1/24/20)
(First Amended Complaint filed 3/10/20) (Another Summons Issued 3/11/2020)
FR: 4-15-20
[Tele. appr., Crystle J. Lindsey, repr., 3151 Airway LLC (Defendant)]
[Tele. appr., Sean A. O'Keefe, repr., South Coast Behavioral Health, Inc. (Plaintiff)]
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will issue a scheduling order:
All discovery closes October 31, 2020.
All discovery motions shall be heard before November 30, 2020.
All pretrial motions shall be heard before December 31, 2020.
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
Pretrial conference is set for January 27, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Defendant(s):
3151 Airway Avenue LLC Pro Se
Nicole Poliquin Pro Se
Charles McPhail Pro Se
Plaintiff(s):
South Coast Behavioral Health, Inc. Represented By
Sean A OKeefe
9:00 AM
8:19-13374
Martha S Adair
Chapter 11
#9.00
CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 8/29/19)
FR: 1-22-20; 2-26-20
[Tele. appr., Nancy Goldenberg, rerpr., Peter Anderson (U.S. Trustee)] [Tele. appr., Richard H. Golubow, repr., Martha S. Adair (Debtor)]
Docket 40
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The status report was unusually helpful and comprehensive compared with other chapter 11 status reports the Court often receives.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
9:00 AM
CONT...
Martha S Adair
Chapter 11
Next status conference: October 21, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Martha S Adair Represented By Jeffrey I Golden Reem J Bello
9:00 AM
8:19-13571
Anthony Afshin Kashani
Chapter 11
Adv#: 8:19-01210 Kashani v. Lewis et al
#10.00
CONT'D STATUS CONFERENCE RE: Debtor's Complaint For:
Avoidance Of Untitled Interest In Estate Property;
Quiet Title;
Breach Of The Covenant Of Good Faith And Fair Dealing;
Emergency and Injunctive Relief Requested (Complaint filed 10/29/19)
FR: 1-22-20
Docket 1
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will continue this status conference to July 15, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Anthony Afshin Kashani Represented By Saied Kashani
9:00 AM
CONT...
Anthony Afshin Kashani
Chapter 11
Defendant(s):
Jeff Lewis Pro Se
Patty Lewis Pro Se
Plaintiff(s):
Anthony Afshin Kashani Represented By Mirsaied Kashani
9:00 AM
8:19-14127
John Alan Stacey and Kathleen Lee Stacey
Chapter 11
#11.00
CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 10/22/19)
FR: 1-22-20
[Tele. appr., Michael Hauser, repr., Peter Anderson (U.S. Trustee)]
[Tele. appr., David A. Wood, repr., John Alan Stacey and Kathleen Lee Stacey (Debtors)]
[Tele. appr., Clarence Yoshikane, repr., John and Kathleen Stacey (Interested Party)]
Docket 6
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The status report was very helpful.
The Court will inquire into compliance with United States Trustee guidelines and requirements, and will ask Mr. Yoshikane to provide the Court with an update as to the overall real estate market.
9:00 AM
CONT...
John Alan Stacey and Kathleen Lee Stacey
Chapter 11
Next status conference: October 21, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
John Alan Stacey Represented By Richard A Marshack
Joint Debtor(s):
Kathleen Lee Stacey Represented By Richard A Marshack
9:00 AM
8:19-14489
Luis Daniel Ochoa
Chapter 11
#12.00
CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case;
And (2) Requiring Report On Status Of Chapter 11 Case (Petition filed 11/17/19)
FR: 1-22-20
[Tele. appr., Anerio Altman, repr., Luis Ochoa (Debtor)]
[Tele. appr., Michael Hauser, repr., (Peter Anderson (U.S. Trustee)]
Docket 19
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into compliance with UST guidelines and requirements. Next status conference: October 21, 2020 at 9:00 a.m.
A status report is due October 7, 2020. COURT TO PREPARE ORDER.
9:00 AM
CONT...
Luis Daniel Ochoa
Chapter 11
Party Information
Debtor(s):
Luis Daniel Ochoa Represented By Anerio V Altman
9:00 AM
8:19-14527
Anthony Afshin Kashani
Chapter 7
Adv#: 8:20-01030 Golden, Chapter 7 Trustee v. Lewis et al
#13.00
Hearing RE: Plaintiff Chapter 7 Trustee's Motion For Summary Judgment (Motion filed 4/22/2020)
[Tele. appr., Mir S. Kashani, repr., Anthony Kashani (Debtor)]
Docket 9
*** VACATED *** REASON: CONTINUED TO JULY 15, 2020 AT 9:00
A.M. PER ORDER CONTINUING HEARING ENTERED 6-2-2020 - (DOCKET NO. [21])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Anthony Afshin Kashani Represented By Mirsaied Kashani
Defendant(s):
Jeff Lewis Pro Se
Patti Lewis Pro Se
Plaintiff(s):
Jeffrey I. Golden, Chapter 7 Trustee Represented By
Roye Zur
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur
9:00 AM
8:19-14723
James Alvin Grove
Chapter 7
Adv#: 8:20-01026 Nigolian et al v. Grove
#14.00
STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt, To Deny Debtor's Discharge And For Entry Of Judgment
(Complaint filed 3/12/20)
Docket 1
*** VACATED *** REASON: CONTINUED TO JULY 15, 2020 AT 9:00
A.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 5- 19-2020 - (DOCKET NO. [13])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
James Alvin Grove Represented By Michael N Nicastro Michael G Spector
Defendant(s):
James Alvin Grove Pro Se
Plaintiff(s):
Sarine Nigolian Represented By Grant A Nigolian
Grant Nigolian Represented By Grant A Nigolian
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-14840
Humberto Benjamin Moya
Chapter 7
Adv#: 8:20-01005 OneMain Financial Group LLC v. Moya
#15.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt
[11 U.S.C. Section 523(a)(2)]
(Complaint filed 1/22/20)
(Another Summons Issued 3/11/20)
FR: 4-15-20
[Tele. appr., James MacLeod, repr., One Main Financial]
Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER DISMISSING ADVERSARY PROCEEDING WITH PREJUDICE ENTERED 6-3-2020 - (DOCKET NO. [15])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Humberto Benjamin Moya Pro Se
Defendant(s):
Humberto Benjamin Moya Pro Se
Joint Debtor(s):
Julie Robin Moya Pro Se
Plaintiff(s):
OneMain Financial Group LLC Represented By Donald T Dunning
9:00 AM
CONT...
Trustee(s):
Humberto Benjamin Moya
Chapter 7
Thomas H Casey (TR) Pro Se
9:00 AM
8:20-11023
2808 Ocean Blvd. LLC, a Texas Limited Liability Co
Chapter 11
#16.00
STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 Case (Petition filed 3/24/2020)
[Tele. appr., Jeffrey I. Golden, repr., 2808 Ocean Blvd., LLC (Attorneys for Debtor)]
[Tele. appr., Nancy Goldenberg, repr., Peter Anderson (U.S. Trustee] [Tele. appr., Sean A. O'Keefe, repr., Bridge Loan Financial, Inc.]
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into Debtor's compliance with UST guidelines and requirements.
The Court will set a bar date of August 7, 2020, and require notice of the bar date to be filed and served on or before June 6, 2020.
The Court questions whether this case fits the definition of single asset real estate. 11
9:00 AM
CONT...
2808 Ocean Blvd. LLC, a Texas Limited Liability Co
Chapter 11
U.S.C. § 101(51B) has a carve-out for "residential real property with fewer than 4 residential units.: The real property at 2808, Corona Del Mar is described in pleadings as a "vacant land." This would seem to fall outside the definition of "single asset real estate."
Next status conference: August 26, 2020 at 9:00 a.m. An updated status report is due August 12, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
2808 Ocean Blvd. LLC, a Texas Represented By Jeffrey I Golden
9:00 AM
8:20-11083
239 Carnation LLC, a Texas Limited Liability Compa
Chapter 11
#17.00
STATUS CONFERENCE Hearing RE: (1) Status Of Chapter 11 Case; And (2)
Requiring Report On Status Of Chapter 11 Case (Petition filed 3/31/2020)
[Tele. appr., Roger F. Friedman, repr. Bridge Loan Financial (Creditor)]
[Tele. appr., Jeffrey I. Golden, repr., 239 Carnation, LLC (Attorneys for Debtor)]
[Tele. appr., Nancy Goldenberg, repr., Peter Anderson (U.S. Trustee)]
Docket 15
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into Debtor's compliance with UST guidelines and requirements.
The Court will set a bar date of August 7, 2020, and require notice of the bar date to be filed and served on or before June 6, 2020.
The Court questions whether this case fits the definition of single asset real estate. 11
9:00 AM
CONT...
239 Carnation LLC, a Texas Limited Liability Compa
Chapter 11
U.S.C. § 101(51B) has a carve-out for "residential real property with fewer than 4 residential units.: The real property at 239 Carnation Avenue, Corona Del Mar is described in pleadings as a "single family home." This would seem to fall outside the definition of "single asset real estate."
Next status conference: August 26, 2020 at 9:00 a.m. An updated status report is due August 12, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
239 Carnation LLC, a Texas Limited Represented By
Jeffrey I Golden
2:00 PM
8:20-11110
Marie C Gorman
Chapter 13
#1.00
Hearing RE: Confirmation Of Chapter 13 Plan
[Tele. appr., Julie J. Villalobos, repr., Marie Gorman (Debtor) [Tele. appr., Brian D. Wirsching, repr., Amrane Cohen (Trustee)]
Docket 19
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Marie C Gorman Represented By Julie J Villalobos
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10412
Cynthia Bray Dimel
Chapter 13
#2.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: renoticed from 4-22-20
[Tele. appr., Diane V. Weifenbach, repr., U.S. Bank, National Association As Legal Title Trustee for Truman 2016 SC6 Title] (Movant)
[Tele. appr., Christopher J. Langley, repr., Cynthia Bray Dimel (Debtor)]
Docket 27
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Cynthia Bray Dimel Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-11145
Maricela Agramont
Chapter 13
#3.00
Hearing RE: Confirmation Of Chapter 13 Plan
[Tele. appr., Alan Williams, repr., Maricela Agramont]
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Maricela Agramont Represented By
Rabin J Pournazarian
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10598
Jose Pedro Bautista and Silvia Ruth Bautista
Chapter 13
#4.00
Hearing RE: Confirmation Of Chapter 13 Plan
[Tele. appr., Charles W. Daff, repr., Jose and Silvia Bautista (Debtors)] [Tele. appr., Bonni Mantovani, repr., Main International Group Corporation]
[Tele. appr., Allan S. Ono, repr., California Department of Resources and Recyling]
Docket 24
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Jose Pedro Bautista Represented By Charles W Daff
Joint Debtor(s):
Silvia Ruth Bautista Represented By Charles W Daff
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10683
Darlene Hernandez DeHaro
Chapter 13
#5.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: renoticed from 4-22-20
[Tele. appr., Richard G. Heston, repr., Steven White (Assignee of Record)] [Tele. appr., Christopher J. Langley, repr., Darlene DeHaro (Debtor)]
Docket 11
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Darlene Hernandez DeHaro Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10690
Jay Mandel Fontenot
Chapter 13
#6.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: renoticed from 4-22-20
[Tele. appr., Dane Exnowski, repr., The Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the Certificate (Creditor)]
[Tele. appr., Austin P. Nagel, repr., The Bank of New York Mellon (Creditor)]
Docket 2
*** VACATED *** REASON: OFF CALENDAR - ORDER AND NOTICE OF DISMISSAL ARISING FROM DEBTOR'S MOTION FOR VOLUNTARY DISMISSAL OF CHAPTER 13 ENTERED 6-2-2020 - (DOCKET NO. [36])
Tentative Ruling: Trustee's Comments:
Plan Terms: Orig.Plan
Plan %: Percentage/Residual plan at 100%
Plan Duration: 60 mos.
Monthly Payment: $1,718.00, totaling $103,080.00
341(a) set for: 3/31/20, 4/29/20
Plan Filed: 2/26/20
Service: 2/26/20
Objections:
1) Objection to Confirmation of Plan Filed by Creditor Wilmington Savings fund society, FSB, D/B/A Christiana Trust, Not individually but as trustee for Pretium Mortgage Acquisition trust (Attachments: # 1 Exhibit)(Graff, Arnold) (Entered: 03/17/2020) [Dk14]
2:00 PM
CONT...
Jay Mandel Fontenot
Chapter 13
Response to Objection: None
1) 2) Objection to Confirmation of Plan Chapter 13 with Proof of Service Filed by Creditor The Bank of New York Mellon f/k/a The Bank of New York as Indenture trustee for CWHEQ Revolving Home Equity Loan Trust, Series 2006-I. (Attachments: # 1 Exhibit)(Martinez, Kirsten) (Entered: 04/01/2020) [Dk21]
Response to Objection: None
Objection to Confirmation of Plan Filed by Creditor The Bank Of New York Mellon f/k/a The Bank Of New York,As Trustee For The Certificateholders Of CWMBS, Inc., CHL Mortgage Pass-Through Trust 2007-HYB1, Mortgage Pass Through Certificates, Series 2007 (Exnowski, Dane) (Entered: 05/11/2020) [Dk29]
Response to Objection: None
Trustee's Comments on or Objection to CONFIRMATION TO CHAPTER 13 PLAN Filed by Trustee Amrane (SA) Cohen (TR). (Entered: 05/19/2020) [Dk31]
Response to Objection: None
Notice of Debtor's Prior Filings for debtor Jay Mandel Fontenot Case Number 17-13996, Chapter 13 filed in California Central Bankruptcy on 10/06/2017 ,
Dismissed for failure to make plan payments on 05/14/2019; Case Number 19-13096, Chapter 13 filed in California Central Bankruptcy on 08/09/2019 , Dismissed for Failure to File Information on 08/20/2019.(Admin) (Entered: 02/27/2020)
Declaration RE Filing of Tax Returns and Payment of Domestic Support Obligations (Preconfirmation) with Proof of Service Filed by Debtor Jay Mandel Fontenot. (Tran, Krystina) (Entered: 02/26/2020)
Judge Mark S Wallace added to case due to prior case #19-13096MW;
17-13996MW. Involvement of Judge Erithe A. Smith Terminated (Nguyen, Vi)
2:00 PM
CONT...
Jay Mandel Fontenot
Chapter 13
(Entered: 02/26/2020)
Declaration by Debtor as to Whether Debtor(s) Received Income From an Employer Within 60 Days of Petition (LBR Form F1002-1) Filed by Debtor Jay Mandel Fontenot. (Tran, Krystina) (Entered: 02/26/2020)
Party Information
Debtor(s):
Jay Mandel Fontenot Represented By Krystina T Tran
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10706
Samson E. Lakei and Sonya S. Lakei
Chapter 13
#7.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: renoticed from 4-22-20
Docket 33
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Samson E. Lakei Represented By
James D. Hornbuckle
Joint Debtor(s):
Sonya S. Lakei Represented By
James D. Hornbuckle
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10859
Crystal Yvonne Bessant
Chapter 13
#8.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 5-13-20
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Crystal Yvonne Bessant Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10924
Ligia M Hallstrom
Chapter 13
#9.00
Hearing RE: Confirmation Of Chapter 13 Plan
[Tele. appr., Randolph R. Ramirez, repr., Ligia M. Hallstrom (Debtor])
Docket 22
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Ligia M Hallstrom Represented By Randolph R Ramirez
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-11032
Elizabeth Leeann Brown
Chapter 13
#10.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: renoticed from 5-13-20
[Tele. appr., Bert Briones, repr., Elizabeth Leeann Brown (Debtor)]
Docket 11
Tentative Ruling:
Hearing RE: Confirmation Of Chapter 13 Plan (Amended Plan filed 4/3/20)
Party Information
Debtor(s):
Elizabeth Leeann Brown Represented By Bert Briones
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-13068
Antonio Espinoza Muro
Chapter 7
#11.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: renoticed from 4-22-20
Docket 46
*** VACATED *** REASON: OFF CALENDAR - CASE CONVERTED TO CHAPTER 7 PER ORDER GRANTING MOTION TO RECONVERT TO CHAPTER 7 ON 4-23-2020 - (DOCKET NO. [49])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Antonio Espinoza Muro Represented By
J.D. Cuzzolina
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10519
Fabiola Vivian Velasco
Chapter 13
#12.00
Hearing RE: Confirmation Of Chapter 13 Plan FR: renoticed
Docket 12
*** VACATED *** REASON: OFF CALENDAR - CASE CONVERTED TO CHAPTER 7 ON 3-26-2020 - (DOCKET NO. [23])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Fabiola Vivian Velasco Represented By Anerio V Altman
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
8:16-13998
Mike J. Amaral
Chapter 13
#1.00
Hearing RE: Motion Under Local Bankruptcy Rule 3015-1 (n) And (w) To Modify Plan Or Suspend Plan Payments
(Motion filed 4/3/2020)
(Set Per Notice Of Hearing filed 4/17/2020)
Docket 100
*** VACATED *** REASON: OFF CALENDAR - VOLUNTARY DISMISSAL OF MOTION FILED 4-30-2020 - (DOCKET NO. [105])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Mike J. Amaral Represented By Andy C Warshaw
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
Adv#: 6:18-01046 Havasu Lakeshore Investments v. Fleming, Sr
#1.00
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 2/19/20)
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to November 3, 2020 at 2:00 p.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
Defendant(s):
9:00 AM
CONT...
Terry Lee Fleming, Sr
Chapter 11
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
6:18-12269
Christopher Allen Hageman
Chapter 7
Adv#: 6:18-01081 Escontrias v. Hageman et al
#2.00
Hrg. on Plaintiff's Motion filed 5/11/20 for Default Judgment against Defendants Christopher Allen Hagemen aka Dino Hagemen, Crystal Dee Hageman aka Crystal Dee McNulty and Kai Hargis
Docket 157
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion for entry of default judgment. Judgment will be entered in the total amount of $271,990.14.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Christopher Allen Hageman Represented By Roland D Tweed
Defendant(s):
Christopher Allen Hageman Represented By Thomas H Brehme
9:00 AM
CONT...
Christopher Allen Hageman
Chapter 7
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
6:20-11041
David Rex Robinson
Chapter 7
#1.00
Hrg. on Approval of Reaffirmation Agreement Between Debtor and Americredit Financial Services, in the amount of $8776.65
Re: 2017 Chevrolet Cruze
Docket 14
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
David Rex Robinson Represented By Daniel King
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
6:20-11080
Daryl L Hampton and Sharon A Hampton
Chapter 7
#2.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and Alaska USA Federal Credit Union, in the amount of $20,772.40
Re: 2016 Jeep Cherokee
Docket 17
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Daryl L Hampton Pro Se
Joint Debtor(s):
Sharon A Hampton Pro Se
10:00 AM
CONT...
Trustee(s):
Daryl L Hampton and Sharon A Hampton
Chapter 7
Howard B Grobstein (TR) Pro Se
10:00 AM
6:20-11080
Daryl L Hampton and Sharon A Hampton
Chapter 7
#3.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and Alaska USA Federal Credit Union in the amount of $52,584.99
Re: 2018 Chevrolet Tahoe
Docket 18
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Daryl L Hampton Pro Se
Joint Debtor(s):
Sharon A Hampton Pro Se
10:00 AM
CONT...
Trustee(s):
Daryl L Hampton and Sharon A Hampton
Chapter 7
Howard B Grobstein (TR) Pro Se
10:00 AM
6:20-11938
Delfina Meraz
Chapter 7
#4.00
Hrg. on approval of Reaffirmation Agreement filed 4/27/20 between Debtor and Union Yes Federal Credit Union, in the amount of $1,801.04
Re: 2003 Colorado Travel Trailer
Docket 11
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Delfina Meraz Represented By Lauren M Foley
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
CONT...
Delfina Meraz
Chapter 7
10:00 AM
6:20-11938
Delfina Meraz
Chapter 7
#5.00
Hrg. on approval of Reaffirmation Agreement between Debtor and Union Yes Federal Credit Union Re: 2015 Honda CRV in the amount of $7,702.65
Re: 2015 Honda CRV
Docket 12
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Delfina Meraz Represented By Lauren M Foley
Trustee(s):
Larry D Simons (TR) Pro Se
10:00 AM
6:20-12913
Patrick Keith Gronzo and Kelly Christine Durkee
Chapter 7
#6.00
Hrg. on Approval of Reaffirmation Agreement Between Debtor and Altura Credit Union, in the amount of $23,011.16
Re: 2014 GMC Arcadia
Docket 12
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Patrick Keith Gronzo Represented By Daniel King
Joint Debtor(s):
Kelly Christine Durkee Represented By Daniel King
10:00 AM
CONT...
Trustee(s):
Patrick Keith Gronzo and Kelly Christine Durkee
Chapter 7
Charles W Daff (TR) Pro Se
9:00 AM
8:18-13724
David Shomaker
Chapter 13
#1.00
Motion for relief from stay [Real Property]
Select Portfolio Servicing Inc. As Servicing Agent For U.S. Bank NA, Successor Trustee To Bank Of America, NA, Successor In Interest To LaSalle Bank NA, As Trustee, On Behalf Of The Holders Of The WAMU Mortgage Pass-Through Certificates, Series 2007-OA3 vs DEBTOR
[RE: 213 LA Esperanza, San Clemente, California 92673]
Docket 65
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Debtor(s):
David Shomaker
Party Information
Chapter 13
David Shomaker Represented By Ashishkumar Patel
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-11435
Ernesto Rafael Montalvo
Chapter 13
#2.00
CONT'D Motion for relief from stay [Real Property]
The Money Source, Inc. vs. DEBTOR (Motion filed 3/24/2020)
[RE: N1652 Williams Plz, Lake Geneva, Wisconsin 53147]
FR: 4-20-20
Docket 97
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire as to the status of a possible loan modification.
Party Information
Debtor(s):
Ernesto Rafael Montalvo Represented By Claudia C Osuna
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT...
Ernesto Rafael Montalvo
Chapter 13
9:00 AM
8:19-14452
818 Green Street, LLC
Chapter 7
#3.00
Motion for relief from stay [Real Property]
Charles Li vs. DEBTOR (Motion filed 5/18/2020)
[RE: 768 38th Avenue, San Francisco, CA 94121]
Docket 25
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court determines that an evidentiary hearing is required for the Court to determine whether (1) the bankruptcy petition was filed in bad faith, and (2) whether the filing of the petition was part of a scheme to hinder, delay, or defraud creditors.
Unfortunately, because of the pandemic and the closure of the court-house, such hearings are not possible. Therefore, pursuant to 11 U.S.C. § 362(e), the Court continues this hearing as a status conference only to November 2, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
818 Green Street, LLC
Chapter 7
818 Green Street, LLC Represented By Kevin Tang
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
8:19-14452
818 Green Street, LLC
Chapter 7
#4.00
Motion for relief from stay [Real Property]
Charles Li vs. DEBTOR (Motion filed 5/18/2020)
[RE: 1433-1435 7th Avenue, San Francisco, CA 94122]
Docket 26
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court determines that an evidentiary hearing is required for the Court to determine whether (1) the bankruptcy petition was filed in bad faith, and (2) whether the filing of the petition was part of a scheme to hinder, delay, or defraud creditors.
Unfortunately, because of the pandemic and the closure of the court-house, such hearings are not possible. Therefore, pursuant to 11 U.S.C. § 362(e), the Court continues this hearing as a status conference only to November 2, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
818 Green Street, LLC
Chapter 7
818 Green Street, LLC Represented By Kevin Tang
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
8:18-11678
Julie D Bentley
Chapter 13
#5.00
CONT'D Motion for relief from stay [Real Property]
Cenlar FSB As Servicer For U.S. Bank National Association As Trustee For CMAALT REMIC 2006-A6-REMIC Pass-Through Certificates, Series 2006-A6 vs. DEBTOR
(Motion filed 5/4/2020)
[RE: 1325 North Sarita Place, Orange, CA 92869]
FR: 6-1-20
Docket 41
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant the motion pursuant to 11 U.S.C. § 362(d)(1) unless the Debtor is current by the time of the hearing or unless the parties have entered into an adequate protection stipulation.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
9:00 AM
CONT...
Debtor(s):
Julie D Bentley
Chapter 13
Julie D Bentley Represented By Bryn C Deb
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:16-14836
Magdalena Ku
Chapter 13
#6.00
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 4/30/2020)
[RE: 2626 S. Olive Street, Santa Ana, CA 92707-2213]
FR: 6-1-20
Docket 71
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire whether the loan is current as of the hearing date.
Party Information
Debtor(s):
Magdalena Ku Represented By Christopher J Langley
9:00 AM
CONT...
Trustee(s):
Magdalena Ku
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-14566
Maria Felix
Chapter 11
#7.00
CONT'D Motion for relief from stay [Real Property]
U.S. Bank National Association As Trustee, Relating To Home Equity Mortgage Trust Series 2007-2, Home Equity Mortgage Pass-Through Certificates, Series 2007-2 vs. DEBTOR
(Motion filed 3/18/2020)
[Continued As A Holding Date]
[RE: 7712 Jackson Way A, B, C, D, Buena Park, California 90620]
FR: 4-13-20; 5-18-20; 6-1-20
Docket 48
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will approve the stipulation.
Party Information
Debtor(s):
Maria Felix Represented By
Michael Jones
9:00 AM
CONT...
Maria Felix
Sara Tidd
Chapter 11
9:00 AM
8:19-10670
Edgar Sebastian Vazquez and Ligia Vazquez
Chapter 13
#8.00
CONT'D Motion for relief from stay [Real Property]
The Bank of New York Mellon Trust Company, N.A. As Successor-In-Interest To All Permitted Successors And Assigns Of JPMorgan Chase Bank, National Association, As Trustee For Specially Underwriting And Residential Finance Trust Mortgage Loan Asset-Backed Certificates, Series 2005-BC3 vs.
DEBTORS
(Motion filed 2/10/2020)
[RE: 1396 Shannon Lane, Costa Mesa, CA 92626]
FR: 3-9-20; 4-13-20; 5-18-19; 6-1-20
Docket 47
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION FOR RELIEF FROM STAY - SETTLED BY STIPULATION FOR ADEQUATE PROTECTION - ENTERED 6-2-2020 - (DOCKET NO. [70])
Tentative Ruling:
- NONE LISTED -
Party Information
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
10:00 AM
8:20-10969
Daniel Anthony Santana and Aracelly Santana
Chapter 7
#1.00
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And SchoolsFirst Federal Credit Union (aka OCTFCU)
(Motion filed 5/6/2020)
[RE: 2012 Dodge Ram 2500 - Amount: $12,265.57] [VIN No.: 3C6TD4HL2CG330575]
Docket 14
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is approved provided that (1) Debtors are current on the loan, (2) the vehicle is insured, and (3) the Debtors are comfortable with a re- affirmation.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Daniel Anthony Santana Represented By Nicholas W Gebelt
10:00 AM
CONT...
Daniel Anthony Santana and Aracelly Santana
Chapter 7
Joint Debtor(s):
Aracelly Santana Represented By Nicholas W Gebelt
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
8:19-12113
Heidi Crawford
Chapter 7
#1.00
Hearing RE: Order To Show Cause RE: Debtor's Repeated Failure To Appear At 341(a) Examinations
[Telephonic Appearance Required]
Docket 41
*** VACATED *** REASON: CONTINUED TO JULY 6, 2020 AT 2:00
P.M. PER ORDER CONTINUING HEARING ON OSC ENTERED 5-13- 2020 - (DOCKET NO. [46])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Heidi Crawford Represented By Richard G Heston
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
8:20-10578
Jason Monzon Alvarado
Chapter 7
#2.00
Hearing: RE: Order To Show Cause RE: Dismissal For Failure To Comply With Rule 1006(b)
[$100.00 Installment Fee Was Due On 4-24-2020]
Docket 0
*** VACATED *** REASON: OFF CALENDAR - INSTALLMENT FEE PAID ON MAY 6, 2020 - RECEIPT NO. 80074957
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Jason Monzon Alvarado Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
8:19-13374
Martha S Adair
Chapter 11
#3.00
Hearing RE: Motion Of Debtor And Debtor-In-Possession For Entry Of An Order Approving Post-Petition Financing From National Equity Funding
(Motion filed 5/18/2020)
Docket 80
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Martha S Adair Represented By Richard H Golubow
Riverside
Judge Mark Wallace, Presiding Courtroom 225 Calendar
Tuesday, June 9, 2020
Hearing Room
225
9:00 AM
6:20-11555
Laurie Lynn Bilderback
Chapter 7
#1.00
Law Office of Richard Loa - movant attorney Motion for Relief from Stay
Perry Williams vs. DEBTOR (Motion filed 5/16/20)
Re: ACTION IN NON-BANKRUPTCY FORUM RE: 38612 Yucca Tree Street,
Palmdale, CA 93551
Docket 20
*** VACATED *** REASON: Notice of Withdrawl of Motion filed 6/3/20 [doc.30] - jc
Party Information
Debtor(s):
Laurie Lynn Bilderback Represented By Thomas M Bundy
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
8:20-10672
Leonor Garcia Vazquez
Chapter 7
#1.00
Motion for relief from stay [Real Property]
Deutsche Bank National Trust Company, As Trustee For Morgan Stanley Home Equity Loan Trust 2006-2 vs. DEBTOR
(Motion filed 5/12/2020)
[RE: 11 Bedstraw Loop, Ladera Ranch, California 92694]
Docket 38
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Movant appraisal's comparables seem to indicate that the subject property's fair market value is closer to $1 million. The Court will continue the hearing to September 21, 2020 at 9:00 a.m. to give the Debtor an opportunity to obtain an appraisal. The Debtor may supplement her opposition with a pleading containing an appraisal on or before August 21, 2020.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Leonor Garcia Vazquez
Chapter 7
Leonor Garcia Vazquez Pro Se
Trustee(s):
Thomas H Casey (TR) Pro Se
2:00 PM
8:15-15311
Freedom Communications, Inc.
Chapter 11
#1.00
Hearing RE: Motion To Dismiss Or Convert Case To A Case Under Chapter 7 (Motion filed 4/6/2020)
Docket 1632
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire whether new developments in the case, most notably, the filing of a plan and disclosure statement, have caused the UST to re-evaluate his position on the motion to dismiss or convert the case.
Party Information
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
8:19-13068
Antonio Espinoza Muro
Chapter 7
#2.00
Hearing RE: Motion To Vacate Order Reconverting Debtor's Case From A Chapter 13 To A Chapter 7 Based On Mistake, Inadvertence Or Neglect And To Reinstate Chapter 13 Case
(Motion filed 5/13/2020)
Docket 59
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Deny motion for the reason argued by the Chapter 7 Trustee.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Antonio Espinoza Muro Represented By
J.D. Cuzzolina
Trustee(s):
Richard A Marshack (TR) Represented By Michael G Spector
2:00 PM
8:20-11023
2808 Ocean Blvd. LLC, a Texas Limited Liability Co
Chapter 11
#3.00
Hearing RE: Debtor And Debtor-In-Possession's Motion For Order Extending:
(1) The Deadline To File A Plan Under Section 362(d)(3) And (2) The Exclusive Period To FIle Its Plan And To Obtain Acceptance Of The Debtor's Plan Pursuant To 11 U.S.C. Sections 1121 And 362(d)(3)
(Motion filed 5/25/2020)
Docket 27
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The opposition to the motion argues that the subject property has a fair market value of $6 million for less than liens of over $8 million per the schedules. This estimate of fair market value is supported by the Declaration of Jeffrey S. Kerr, to which is attached Mr. Kerr's appraisal. However, the attached appraisal is dated August 14, 2017 and does not appear to support the $6 million valuation.
The Court intends to grant the motion and extend plan exclusivity to September 21, 2020 and solicitation exclusivity to November 20, 2020.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
2808 Ocean Blvd. LLC, a Texas Limited Liability Co
Chapter 11
2808 Ocean Blvd. LLC, a Texas Represented By Jeffrey I Golden Beth Gaschen David M Goodrich
2:00 PM
8:19-13904
Kathy D Gorski and Michael A Gorski
Chapter 11
#4.00
Hearing RE: Debtors' Motion To Abandon Property Of The Estate (Motion filed 5/19/2020)
Docket 120
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion. The Court commends the Debtors and the Debtors professionals for properly fulfilling their fiduciary duties in this matter.
Party Information
Debtor(s):
Kathy D Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
Joint Debtor(s):
Michael A Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
9:00 AM
8:15-15311
Freedom Communications, Inc.
Chapter 11
Adv#: 8:17-01012 Official Committee of Unsecured Creditors of Freed v. Kushner et al
#1.00
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;
9-4-19; 2-12-20
Docket 1
*** VACATED *** REASON: CONTINUED TO OCTOBER 21, 2020 AT 9:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE IN ADVERSARY PROCEEDING ENTERED 6-8-2020 - (DOCKET NO. [174])
Tentative Ruling:
- NONE LISTED -
Party Information
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
9:00 AM
CONT...
Freedom Communications, Inc.
Chapter 11
Eric Spitz Pro Se
Richard J. Covelli Pro Se
Traci M. Christian Pro Se
Larry P. Chinn Pro Se
C & C Marketing LLC Pro Se
C2 Advisors, LLC Pro Se
Etaros Actuarial Services LLC Pro Se
Financial Institution Consulting Pro Se
JTR, LLC Pro Se
Plaintiff(s):
Official Committee of Unsecured Represented By
Alan J Kornfeld
9:00 AM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
Adv#: 8:18-01084 Modern VideoFilm, Inc. v. Barkat et al
#2.00
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: 8-19-19
FR: 8-8-18; 8-29-18; 6-19-19; 8-21-19; 11-13-19
Docket 1
*** VACATED *** REASON: CONTINUED TO NOVEMBER 18, 2020 AT 9:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE RE: STATE COURT ACTION AGAINST MEDLEY ENTERED 6-9-2020 - (DOCKET NO. [154])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
Defendant(s):
Moshe Barkat Pro Se
Modern VideoFilm Holdings, LLC Pro Se
9:00 AM
CONT...
Modern VideoFilm, Inc.
Chapter 11
Sidan Engineering, L.P. Pro Se
Sivan Barkat Sherman Pro Se
Danielle Barkat Turner Pro Se
Deborah Barkat Pro Se
Plaintiff(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
8:16-11202
QF Liquidation Inc.
Chapter 11
#3.00
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; 12-4-19
Docket 1
*** VACATED *** REASON: CONTINUED TO JUNE 29, 2020 AT 2:00
P.M. PER ORDER GRANTING JAMES WONG, LIQUIDATING TRUSTEE'S EX-PARTE MOTION TO CONTINUE STATUS CONFERENCE ENTERED 5-11-2020 - (DOCKET NO. [725])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
9:00 AM
8:19-11047
Eric Wayne Mydland
Chapter 7
Adv#: 8:19-01128 Tom Lange Company International, Inc. et al v. Mydland
#4.00
PRE-TRIAL 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) (PTC set at S/C held 9/18/19)
FR: 9-18-19
Docket 6
*** VACATED *** REASON: CONTINUED TO AUGUST 19, 2020 AT 9:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE SCHEDULING ORDER ENTERED 1-28-20 - (DOCKET NO. [15])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Eric Wayne Mydland Represented By
Bryant C MacDonald
Defendant(s):
Eric Wayne Mydland Pro Se
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
9:00 AM
CONT...
Trustee(s):
Eric Wayne Mydland
Chapter 7
Richard A Marshack (TR) Pro Se
Riverside
Judge Mark Wallace, Presiding Courtroom 225 Calendar
Wednesday, June 24, 2020
Hearing Room
225
10:00 AM
6:20-14155
Power Bail Bonds, Inc.
Chapter 11
#1.00
Hrg. on Debtor's Emergency Motion for order (1) Authorizing Use of Cash Collateral; and (2) Authorizing Payment of Pre-Petition Wages and Honoring Pre-Petition Employee Benefits
(OST Signed 6-18-20)
(Cont. from 6/23)
Docket 6
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Trustee(s):
Caroline Renee Djang (TR) Pro Se
Santa Ana
Judge Mark Wallace, Presiding Courtroom 6C Calendar
Wednesday, June 24, 2020 Hearing Room 6C
9:00 AM
8:18-10905
Michael William Devine
Chapter 7
Adv#: 8:19-01095 The United States Trustee For Region 16 v. Devine
#1.00
CONT'D PRE-TRIAL CONFERENCE Hearing RE: Complaint Objecting To Discharge Of Debtor Pursuant to 11 U.S.C. Section 72711 U.S.C. Section 727 (Complaint filed 5/28/19)
(PTC set at S/C held 8-14-19) FR: 8-14-19; 3-18-20
Docket 1
*** VACATED *** REASON: CONTINUED TO AUGUST 26, 2020 AT 9:00 A.M. PER STIPULATION TO CONTINUE PRETRIAL CONFERENCE AND DEADLINE TO FILE PRETRIAL MOTIONS ENTERED 6-10-2020 - (DOCKET NO. [20])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Michael William Devine Represented By Christopher J Langley
Defendant(s):
Michael William Devine Pro Se
Plaintiff(s):
The United States Trustee For Represented By Frank Cadigan
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
6:19-20700
Soon Tae Ji
Chapter 7
Adv#: 6:20-01035 Estrada v. Ji
#1.00
STATUS CONERENCE re: Complaint by Alonso Estrada against Soon Tae Ji. willful and malicious injury))
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will order this adversary proceeding into mediation at the request of the Parties. The Parties shall file a mediation stipulation and lodge an order thereon on or before July 31, 2020.
The Court continues the status conference to November 19, 2020 at 9:00 a.m. An updated status report is due November 5, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Soon Tae Ji Represented By
Jerome S Demaree
9:00 AM
CONT...
Soon Tae Ji
Chapter 7
Defendant(s):
Soon Tae Ji Pro Se
Joint Debtor(s):
Young Hyang Ji Represented By Jerome S Demaree
Plaintiff(s):
Alonso Estrada Represented By Alan Wilcox
Catherine Calderaro Wagner
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
8:20-11440
Luz Amparan
Chapter 7
#1.00
Motion for relief from stay [Personal Property]
TD Auto Finance LLC vs. DEBTOR (Motion filed 5/26/2020)
[RE: 2018 GMC Acadia - VIN No.: 1GKKNLLA0JZ114100]
Docket 8
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
Luz Amparan
Party Information
Chapter 7
Luz Amparan Represented By Kevin Tang
Movant(s):
TD Auto Finance LLC Represented By Sheryl K Ith
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
8:20-10033
Dean Plant
Chapter 7
#2.00
Motion for relief from stay [Personal Property]
San Diego County Credit Union vs. DEBTOR (Motion filed 6/1/2020)
[RE: 2015 Mini Hardtop - VIN NO. WMWXM5C56FT939147]
Docket 23
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
Dean Plant
Party Information
Chapter 7
Dean Plant Represented By
Michael D Franco
Movant(s):
San Diego County Credit Union Represented By Lisa S Yun
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
8:19-10212
Hill Concrete Structures
Chapter 11
#1.00
CONT'D Hearing RE: Motion For Order Approving Second Amended Disclosure Statement Describing Second Amended 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)
(Second Amended D.S. filed 5/28/20) FR: 11-27-19; 12-4-19; 2-26-20
Docket 175
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will review with Counsel a number of necessary changes to the Disclosure Statement and will approve the Disclosure Statement with those changes.
The Disclosure Statement shall be filed and served on or before July 8, 2020. Objections to plan confirmation are due by August 7, 2020, and a plan confirmation memo is due by August 14, 2020. The plan confirmation hearing will be held on August 20, 2020 at 2:00 p.m.
COURT TO PREPARE ORDER.
2:00 PM
CONT...
Debtor(s):
Hill Concrete Structures
Party Information
Chapter 11
Hill Concrete Structures Represented By Michael Jones Sara Tidd
2:00 PM
8:19-10212
Hill Concrete Structures
Chapter 11
#1.10
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; 12-4-19, advanced from 2-26-2020 at 2:00 p.m.;
2-26-20
Docket 81
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire whether new developments in the case, most notably, the filing of a plan and disclosure statement have caused the UST to re-evaluate his position on the motion to dismiss or convert the case.
Party Information
Debtor(s):
Hill Concrete Structures Represented By Michael Jones Sara Tidd
2:00 PM
CONT...
Movant(s):
Hill Concrete Structures
Chapter 11
United States Trustee (SA) Represented By Frank Cadigan Queenie K Ng
2:00 PM
8:19-10212
Hill Concrete Structures
Chapter 11
#2.00
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; 11-13-19; 3-25-20
Docket 8
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with U.S. Trustee guidelines and requirements.
Next status conference: TBD. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Hill Concrete Structures Represented By Michael Jones
2:00 PM
CONT...
Hill Concrete Structures
Sara Tidd
Chapter 11
2:00 PM
8:19-10058
Joy Omoderi Amagboruju Miles
Chapter 11
#3.00
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; 10-30-19; 2-19-20; 4-15-20; 5-6-20
Docket 7
*** VACATED *** REASON: CONTINUED TO JULY 22, 2020 AT 2:00
P.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 6- 11-2020 - (DOCKET NO. [105])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
2:00 PM
8:19-10058
Joy Omoderi Amagboruju Miles
Chapter 11
#4.00
CONT'D Hearing RE: Debtor-In-Possession's Motion To Confirm Chapter 11 Plan Of Reorganization
(Motion filed 9/30/19) (D.S. filed 9/30/19)
(First Amended D.S. filed 12/20/19) (Set at D.S. held 1/29/20)
(Motion filed 3/13/2020)
FR: 11-13-19; 1-29-20; 4-15-20; 6-29-20
Docket 76
*** VACATED *** REASON: CONTINUED TO JULY 22, 2020 AT 2:00
P.M. PER ORDER GRANTING EMERGENCY MOTION TO CONTINUE CONFIRMATION HEARING AND BRIEFING DEADLINES ENTERED 6- 3-2020 - (DOCKET NO. [102])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
2:00 PM
8:16-11202
QF Liquidation Inc.
Chapter 11
#5.00
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; 12-4-19; 6-17-20
Docket 38
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into: (1) Debtor's compliance with the terms of the confirmed plan, (2) Debtor's expectations regarding future claim objections, and (3) the timing of a motion for entry of a final decree.
Next status conference: December 2, 2020 at 9:00 a.m., with a status report due November 18, 2020.
COURT TO PREPARE ORDER.
Party Information
2:00 PM
CONT...
Debtor(s):
QF Liquidation Inc.
Chapter 11
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
2:00 PM
8:16-11202
QF Liquidation Inc.
Chapter 11
#6.00
Hearing RE: Liquidating Trustee's First Omnibus Objection To The Proof Of Claims In Interest:
(Motion filed 5/14/2020)
Claim No. 26 | Matayis Atkins | $6,875.00 |
Claim No. 23 | Karen L. Blake | $106.59 |
Claim No.120 | Karen L. Blake | $106.59 |
Claim No. 181 | Marc Dattilo | Amount Unknown |
Claim No. 54 | Robert M. Oberle | $1,499.25 |
Claim No. 73 | Bobby Perel | Amount Uncertain |
Claim No. 110 | Amy L. Stafford Docket 727 | $2,247.05 |
Tentative Ruling: |
TELEPHONIC APPEARANCES REQUIRED.
Grant, sustain objection, and disallow claim in its entirety.
2:00 PM
CONT...
QF Liquidation Inc.
Chapter 11
LIQUIDATING TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
Movant(s):
James Y Wong Represented By Robert P Goe
2:00 PM
8:16-11202
QF Liquidation Inc.
Chapter 11
#7.00
Hearing RE: Liquidating Trustee's Objection To The Proof Of Claim: (Motion filed 5/14/2020)
Claim No. 75 Matayias Atkins $ (none listed)
Docket 728
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant, sustain objection, and disallow Claim No. 75 in its entirety. LIQUIDATING TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
2:00 PM
CONT...
Movant(s):
QF Liquidation Inc.
Chapter 11
James Y Wong Represented By Robert P Goe
2:00 PM
8:16-11202
QF Liquidation Inc.
Chapter 11
#8.00
Hearing RE: Liquidating Trustee's Objection To The Proof Of Claim: (Motion filed 5/14/2020)
Claim No. 182 NGR a/k/a Natural Gas Vehicles Texas Inc. $1,631.25
Docket 729
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant, sustain objection, and reclassify Claim No. 182 as a general unsecured claim in its entirety.
LIQUIDATING TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
2:00 PM
CONT...
Movant(s):
QF Liquidation Inc.
Chapter 11
James Y Wong Represented By Robert P Goe
2:00 PM
8:16-11202
QF Liquidation Inc.
Chapter 11
#9.00
Hearing RE: Liquidating Trustee's Objection To Claim: (Motion filed 5/14/2020)
Claim No. 101 Norm Reeves Ford Superstore $5,525.50
Docket 730
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant, sustain objection, and disallow Claim No. 101 in its entirety. LIQUIDATING TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
2:00 PM
CONT...
Movant(s):
QF Liquidation Inc.
Chapter 11
James Y Wong Represented By Robert P Goe
2:00 PM
8:16-11202
QF Liquidation Inc.
Chapter 11
#10.00
Hearing RE: Liquidating Trustee's Objection To Proof Of Claim 114 As Duplicative of Claim No. 113:
(Motion filed 5/14/2020)
Claim No. 114 I.D.R., Inc., $7,851.64
dba IDR Environmental Services
Claim No. 113 I.D.R., Inc., $7,851.64
dba IDR Environmental Services
Docket 731
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant, sustain objection, and disallow Claim No. 114 as a duplicate claim. LIQUIDATING TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
QF Liquidation Inc.
Chapter 11
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
Movant(s):
James Y Wong Represented By Robert P Goe
2:00 PM
8:16-11202
QF Liquidation Inc.
Chapter 11
#11.00
Hearing RE: Liquidating Trustee's Objection To The Claim: (Motion filed 5/14/2020)
Claim No. 97 National Union Fire Insurance Co $ - Unliquidated Of Pittsburgh, P.A. On Behalf Of The
Entities Listed On Exhibit A Of Claim No. 97
Docket 732
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant, sustain objection, and disallow Claim No. 97 in its entirety. LIQUIDATING TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
2:00 PM
CONT...
Movant(s):
QF Liquidation Inc.
Chapter 11
James Y Wong Represented By Robert P Goe
2:00 PM
8:16-11202
QF Liquidation Inc.
Chapter 11
#12.00
Hearing RE: Liquidating Trustee's Objection To Claim (Motion filed 5/14/2020)
Claim No. 178 David Mazaika $110,995.57 aka David And Kristina Mazika Trust
U/A Dated May 3, 2008
Docket 733
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant, sustain objection, and determine that Claim No. 178 has been paid in full. LIQUIDATING TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
2:00 PM
CONT...
Movant(s):
QF Liquidation Inc.
Chapter 11
James Y Wong Represented By Robert P Goe
2:00 PM
8:16-11202
QF Liquidation Inc.
Chapter 11
#13.00
Hearing RE: Liquidating Trustee's Objection To Claim: (Motion filed 5/14/2020)
Claim No. 165 Kevin Douglas, As Collateral Agent $13,062,381.49
Docket 734
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant, sustain objection, and determine that Claim No. 165 has been paid in full. LIQUIDATING TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
2:00 PM
CONT...
Movant(s):
QF Liquidation Inc.
Chapter 11
James Y Wong Represented By Robert P Goe
2:00 PM
8:16-11202
QF Liquidation Inc.
Chapter 11
#14.00
Hearing RE: Liquidating Trustee's Objection To The Claim: (Motion filed)
Claim No. 170 Karma Automotive LLC $ (See Addendum) f/k/a Fisker Automotive And Technology Group
Docket 735
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant, sustain objection, and disallow Claim No. 170 in its entirety. LIQUIDATING TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
2:00 PM
CONT...
Movant(s):
QF Liquidation Inc.
Chapter 11
James Y Wong Represented By Robert P Goe
2:00 PM
8:16-11202
QF Liquidation Inc.
Chapter 11
#15.00
Hearing RE: Liquidating Trustee's Objection To Proofs Of Claim No. 168, 190 And 199, Duplicate Claims, Improperly Claiming A Priority Status And Failing To Attach Documentation
(Motion filed 5/14/2020)
Claim No. 168 | Shigan Quantum Technologies Private Limited | $12,850.00 |
Claim No. 190 | Shigan Quantum Technologies Private Limited | $67,621.00 |
Claim No. 199 | Shigan Quantum Technologies Private Limited | $67,621.00 |
Docket 736
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant. Claim No. 168 is allowed as a general unsecured claim in the amount of
$67,621 and disallowed as a priority claim. Claim Nos. 190 and 199 are disallowed in
2:00 PM
CONT...
QF Liquidation Inc.
Chapter 11
their entirety.
LIQUIDATING TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
Movant(s):
James Y Wong Represented By Robert P Goe
2:00 PM
8:16-11202
QF Liquidation Inc.
Chapter 11
#16.00
Hearing RE: Liquidating Trustee's Objection To Claim No. 200 - Debtor's Books And Records Do Not Reflect Any Liability Owed To The Claimant
(Motion filed 5/14/2020)
Claim No. 200 Oklahoma Employment Security Commission $1,117.21
Docket 737
*** VACATED *** REASON: OFF CALENDAR - NOTICE OF WITHDRAWAL OF OBJECTION TO PROOF OF CLAIM NUMBER 200 FILED 5-20-20 - (DOCKET NO. [755])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
Movant(s):
James Y Wong Represented By Robert P Goe
2:00 PM
8:16-11202
QF Liquidation Inc.
Chapter 11
#17.00
Hearing RE: Liquidating Trustee's Objection To The Claim: (Motion filed 5/4/2020)
Claim No. 10 American Alternative Insurance Corporation $200,000.00
Docket 738
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant, sustain objection, and disallow Claim No. 10 in its entirety. LIQUIDATING TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
Movant(s):
James Y Wong Represented By
2:00 PM
CONT...
QF Liquidation Inc.
Robert P Goe
Chapter 11
2:00 PM
8:16-11202
QF Liquidation Inc.
Chapter 11
#18.00
Hearing RE: Liquidating Trustee's Objection To Proof Of Claim As Being Late Filed:
(Motion filed 5/14/2020)
Claim No. 184 Conor Kinney $4,080.00
a/k/a Commerical Solutions Today
Docket 739
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant, sustain objection, and disallow Claim No. 184 in its entirety. LIQUIDATING TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
QF Liquidation Inc. Represented By Marshall J Hogan Victor A Vilaplana
2:00 PM
CONT...
Movant(s):
QF Liquidation Inc.
Chapter 11
James Y Wong Represented By Robert P Goe
2:00 PM
8:14-11729
Richard Clark Farrell
Chapter 7
Adv#: 8:16-01123 Naylor v. Farrell
#19.00
CONT'D STATUS CONFERENCE 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)
(S/C set per Memorandum Decision And Order Entered 11-15-19)
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; 5-13-20;
5-13-20
Docket 19
*** VACATED *** REASON: CONTINUED TO JULY 6, 2020 AT 2:00
P.M. PER AMENDED ORDER SETTING SCHEDULE AND CONTINUING STATUS CONFERENCE ENTERED 5-26-2020 - (DOCKET NO. [178])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Richard Clark Farrell Represented By Michael G Spector William M. Hulsy Michael R Adele
Defendant(s):
Betty Farrell Represented By
2:00 PM
CONT...
Richard Clark Farrell
D Edward Hays Laila Masud
Chapter 7
Plaintiff(s):
Karen Sue Naylor Represented By Robert P Goe Nanette D Sanders
Rafael R Garcia-Salgado
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
Rafael R Garcia-Salgado
2:00 PM
8:17-14396
Styles For Less, Inc., a California corporation
Chapter 7
Adv#: 8:19-01212 Kosmala v. DeAngelo, SR et al
#20.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint:
To Avoid And Recover Fraudulent Transfers Pursuant To 11 U.S.C. Sections 544(b), 548(a)(1)(A), 550, And California Civil Code Sections 3439.04(a)(1), 3439.07 And 3439.09;
To Avoid Transfer And Recover Fraudulent Transfers Pursuant To 11
U.S.C. Sections 544(b), 548(a)(1)(B), 550, And California Civil Code Sections 3439.04(a)(2), 3439.07 And 3439.09;
To Avoid And Recover Preferential Transfers Pursuant To 11 U.S.C. Sections 547 And 550;
To Preserve Transfers For The Benefit Of The Estate Pursuant To 11
U.S.C. Section 551;
To Disallow Claim Pursuant To 11 U.S.C. Section 502(d); And
For Breach Of Fiduciary Duties Of Loyalty And Care (Complaint filed 11/6/19)
FR: 1-29-20; 3-25-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Based upon the Parties' request, the Court will send this Adversary Proceeding into
2:00 PM
CONT...
Styles For Less, Inc., a California corporation
Chapter 7
mediation. The Parties shall file a mediation stipulation and lodge an order thereon on or before July 31, 2020.
The Court continues the Status Conference to December 2, 2020 at 9:00 a.m. An updated status report is due November 18, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Styles For Less, Inc., a California Represented By
Marc J Winthrop Andrew B Levin Garrick A Hollander Marvin Maurice Oliver
Defendant(s):
Michael DeAngelo SR Represented By Sean A OKeefe
Michael DeAngelo JR Represented By Sean A OKeefe
August DeAngelo II Represented By Sean A OKeefe
Jason DeAngelo Represented By Sean A OKeefe
Gina Womack Represented By Sean A OKeefe
Douglas Periera Represented By Sean A OKeefe
Plaintiff(s):
Weneta M.A. Kosmala Represented By
2:00 PM
CONT...
Trustee(s):
Styles For Less, Inc., a California corporation
Jeffrey I Golden
Chapter 7
Weneta M Kosmala (TR) Represented By Reem J Bello
2:00 PM
8:20-10819
Mario Orejel Guerrero
Chapter 7
#21.00
Hearing RE: Motion For Denial Of Discharge Pursuant To 11 U.S.C. Section 727(a)(8)
(Motion filed 5/28/20)
Docket 14
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Mario Orejel Guerrero Pro Se
Movant(s):
United States Trustee (SA) Represented By Michael J Hauser
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
CONT...
Mario Orejel Guerrero
Chapter 7
2:00 PM
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#22.00
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 6/8/2020)
Docket 446
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Deny. If the Property is not generating any net proceeds for the estate, it should be abandoned to the Debtors pursuant to 11 U.S.C. § 554 and sold by them. Debtor's conclusory declaration that no capital gains taxes are expected is insufficient.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum
2:00 PM
CONT...
Allan Eli Gindi and Carol June Gindi
Chapter 11
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum
Candice Candice Bryner
Movant(s):
Allan Eli Gindi Represented By Michael G Spector Michael G Spector Vicki L Schennum Vicki L Schennum
Carol June Gindi Represented By Michael G Spector Michael G Spector Vicki L Schennum Vicki L Schennum
Candice Candice Bryner Candice Candice Bryner
2:00 PM
8:19-14162
Eric Daniel Merrell
Chapter 7
Adv#: 8:20-01012 Lohr v. Merrell et al
#23.00
Hearing RE: Defendant's Emergency Motion/Application For A Temporary Restraining Order And Preliminary Injunction
(Set per Order Entered 6-15-2020)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will deny the motion for a preliminary injunction and permit the Trustee to transmit to Plaintiff the documents requested by her with the exception of the returns and any matter subject to attorney-client privilege as between the Debtors and their pre-petition attorney.
PLAINTIFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Eric Daniel Merrell Represented By Heather J Canning
2:00 PM
CONT...
Eric Daniel Merrell
Chapter 7
Defendant(s):
Eric Daniel Merrell Represented By David Brian Lally
Julie Mary Angeline Merrell Represented By David Brian Lally
Joint Debtor(s):
Julie Mary Angeline Merrell Represented By Heather J Canning
Plaintiff(s):
Kathy Lohr Represented By
Stephen W Berger
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders
3:00 PM
8:19-11218
US Direct LLC
Chapter 7
#1.00
Evidentiary Hearing RE: Fifth Amendment Privilege (Mr. Derek Doherty Is Ordered To Personally Appear) (Record Will Be Sealed)
(Set per Order Entered 4-22-2020 - Docket No. [196]
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court remains closed to the public as of June 29, 2020. The Court will continue this matter to November 16, 2020 at 3:00 p.m.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
US Direct LLC Pro Se
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
3:00 PM
CONT...
US Direct LLC
Chapter 7
9:00 AM
6:18-13918
Ruben Valdivia
Chapter 7
#1.00
Wright, Finlay & Zak, LLP - movant attorney Motion for Relief from Stay
Reverse Mortgage Solutions, Inc. vs. DEBTOR (Motion filed 5/19/20)
Re: 474 S. Eastern Ave., Los Angeles, CA 90022
Docket 62
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire of the Chapter 7 Trustee why Reverse Mortgage Solutions, Inc. was not paid in full out of escrow.
Party Information
Debtor(s):
Ruben Valdivia Pro Se
Trustee(s):
Larry D Simons (TR) Represented By
9:00 AM
CONT...
Ruben Valdivia
Frank X Ruggier
Chapter 7
9:00 AM
6:19-18887
Ricky Viana Villegas and Jennifer Argame Villegas
Chapter 7
#2.00
Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay
The Money Source Inc. vs. DEBTORS (Motion filed 5/26/20)
Re: 27707 High Gate Ct, Menifee, California 82584
Docket 29
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will deny the Motion without prejudice. Movant is adequately protected and the Debtors have equity in the subject property.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Ricky Viana Villegas Represented By Edgardo M Lopez
9:00 AM
CONT...
Ricky Viana Villegas and Jennifer Argame Villegas
Chapter 7
Joint Debtor(s):
Jennifer Argame Villegas Represented By Edgardo M Lopez
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
6:20-12054
Deangelo Amir Patterson
Chapter 7
#3.00
Marjorie Johnson - movant attorney Motion for Relief from stay
Exeter Finance, LLC vs. DEBTOR (Motion filed 5/28/20)
Re: 2015 Kia Optima LX Sedan 4D
Docket 11
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Deangelo Amir Patterson
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Deangelo Amir Patterson Represented By William Radcliffe
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
6:20-12529
Jose L. Guerrero and Loyda S. Paiz-Guerrero
Chapter 7
#4.00
Law Office of Mark W. Good - movant attorney Motion for Relief from Stay
Opportunity Fund Community Development vs. DEBTORS (Motion filed 5/29/20)
RE: : 2008 Volvo Truck
Docket 15
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Jose L. Guerrero and Loyda S. Paiz-Guerrero
Chapter 7
The request for extraordinary relief is denied.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Jose L. Guerrero Represented By Lazaro E Fernandez
Joint Debtor(s):
Loyda S. Paiz-Guerrero Represented By Lazaro E Fernandez
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
6:20-13217
David Matthew Wilkins
Chapter 7
#5.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
TD Auto Finance vs. DEBTOR (Motion filed 5/11/20)
Re: 2017 RAM RAM 1500, VIN 1C6RR6GTXHS651286
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
David Matthew Wilkins
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
David Matthew Wilkins Represented By Aaron Lloyd
Trustee(s):
Howard B Grobstein (TR) Pro Se
9:00 AM
6:20-13384
Maria Luisa Angelina and Emiliano Angelina Casales
Chapter 7
#6.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
TD Auto Finance LLC vs. DEBTORS, Arturo Cisneros, trustee (Motion filed 5/21/20)
Re: 2018 Mitsubishi Outlander, VIN: JA4AP3AU5JU007856
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Maria Luisa Angelina and Emiliano Angelina Casales
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Maria Luisa Angelina Represented By Lauren M Foley
Joint Debtor(s):
Emiliano Angelina Casales Represented By Lauren M Foley
Trustee(s):
Arturo Cisneros (TR) Pro Se
9:00 AM
6:20-13452
Joshua J. Smart and Nicole E. Smart
Chapter 7
#7.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Ford Motor Credit Company LLC vs. DEBTORS, Larry S. Simons, trustee (Motion filed 6/1/20)
Re: 2015 Ford Flex, VIN: 2FMGK5C89FBA02503
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Joshua J. Smart and Nicole E. Smart
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Joshua J. Smart Represented By Keith Q Nguyen
Joint Debtor(s):
Nicole E. Smart Represented By Keith Q Nguyen
Trustee(s):
Larry D Simons (TR) Pro Se
9:00 AM
6:20-13489
Maribel Rosales Valencia
Chapter 7
#8.00
Cooksey, Toolen, Gage, Duffy and Woog - movant attorney Motion for Relief from Stay
Americredit Financial Services, Inc vs. DEBTOR; Lyndia Bui, trustee (Motion filed 6/5/20)
RE: 2018 GMC Yukon, VIN: 1GKS1BKC3JR294326
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Maribel Rosales Valencia
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Maribel Rosales Valencia Represented By Kevin Tang
Movant(s):
AmeriCredit Financial Services, Inc. Represented By
Sheryl K Ith
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
6:20-13537
Martin Antonio Acevedo Padilla
Chapter 7
#9.00
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
American Honda Finance Corporation vs. DEBTOR, Howard B. Grobstein, chapter 7 trustee
(Motion filed 6/2/20)
Re: 2018 Honda Accord, VIN: 1HGC V1F3 0JA0 58029 .
Docket 11
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Martin Antonio Acevedo Padilla
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Martin Antonio Acevedo Padilla Represented By
Rabin J Pournazarian
Trustee(s):
Howard B Grobstein (TR) Pro Se
2:00 PM
6:15-14464
AVT, Inc.
Chapter 7
#1.00
Hrg. on Trustee's Final Report and Applications for Compensation (Cont. from 4/14/20)
Docket 673
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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 $625.10
2:00 PM
CONT...
AVT, Inc.
Chapter 7
and expenses in the amount of $273.16.
The compensation is approved as to UST, with fees in the amount of $6,825.00 and expenses in the amount of $0.00.
The compensation is approved as to FTB with fees in the amount of $3,808.98 and expenses in the amount of $0.00.
The compensation is approved as to Brown Rudnick with fees in the amount of
$20,504.92 and expenses in the amount of $477.50.
The compensation is approved as to Hahn Fife and Co. with fees in the amount of
$1,706.70 and expenses in the amount of $57.58.
The Court will inquire why the Trustee is proposing to pay some priority claims but not others.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
AVT, Inc. Pro Se
Trustee(s):
Charles W Daff (TR) Represented By Cathrine M Castaldi Samuel A Moniz
2:00 PM
6:16-18658
Jack A Reesor and Sabrina R Reesor
Chapter 7
#2.00
Hrg. on approval of trustee's final report; applications for compensation
[Re: Lynda Bui, chapter 7 trustee] [Fees; $6,877.91; Expenses; $774.91]
[Re: Roquemore, Pringle & Moore, Inc., attorney for chapter 7 trustee] [Fees; $27,315.00; Expenses; $414.88]
[Re: Hahn & Fife; accountant for trustee] [Fees; $2,948.00; Expenses; $401.20]
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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
2:00 PM
CONT...
Jack A Reesor and Sabrina R Reesor
Chapter 7
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 $5,997.91 and expenses in the amount of $774.91.
The compensation is approved as to Roquemore, Pringle, and Moore with fees in the amount of $23,000.00 and expenses in the amount of $414.88.
The compensation is approved as to Hahn Fife & Co. with fees in the amount of
$2,948.00 and expenses in the amount of $401.20. Bond payments are approved in the amount of $0.63.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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
2:00 PM
6:18-18731
Scott Shih Lee
Chapter 7
Adv#: 6:19-01099 Whitmore v. 3XM Development, LLC, a Nevada Limited Liability C
#3.00
Hrg. on Plaintiff's Motion filed 5/18/20 for Summary Judgment, or in the Alternative, Partial Summary Judgment as to Liability
(Hearing date and time okay'd by Chambers)
Docket 11
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will deny the Motion as untimely and send this Adversary Proceeding into mediation. The Parties shall file a mediation stipulation and lodge an order thereon on or prior to August 31, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Scott Shih Lee Represented By Ronald D Halpern
2:00 PM
CONT...
Scott Shih Lee
Chapter 7
Defendant(s):
3XM Development, LLC, a Nevada Represented By
J Robert Mullen
Lance Richard Hall Represented By
J Robert Mullen
Plaintiff(s):
Robert S. Whitmore Represented By Tinho Mang
Trustee(s):
Robert Whitmore (TR) Represented By
D Edward Hays Tinho Mang Ronald D Halpern Chad V Haes
2:00 PM
6:19-15945
Jason Mark Hemphill
Chapter 7
#4.00
Hrg. on trustee's final report; applications for compensation
[Re: Karl T. Anderson, chapter 7 trustee; Fees: $527.88; expenses $76.84]
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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 $527.88 and expenses in the amount of $76.84.
2:00 PM
CONT...
Jason Mark Hemphill
Chapter 7
Bond payments are approved in the amount of $2.18.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Jason Mark Hemphill Represented By Morton J Grabel
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
6:19-16545
DDI Distribution of California LLC
Chapter 7
Adv#: 6:19-01151 Diamond Peo LLC v. Larios et al
#5.00
Hrg. on Order to Show Cause why this adversary proceeding should not be dismissed for Plaintiff's failure to comply with the Court's orders
(Cont. from 5/7/20)
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
DDI Distribution of California LLC Represented By
Mark E Brenner
Defendant(s):
Peter Larios Pro Se
Jose Castellanos Pro Se
Automatiq Pro Se
2:00 PM
CONT...
DDI Distribution of California LLC
Chapter 7
Plaintiff(s):
Diamond Peo LLC Represented By Charles K Manock
Trustee(s):
Lynda T. Bui (TR) Represented By Brandon J Iskander
2:00 PM
6:19-16545
DDI Distribution of California LLC
Chapter 7
Adv#: 6:19-01151 Diamond Peo LLC v. Larios et al
#6.00
STATUS CONFERENCE RE: Complaint to avoid and recover transfers pursuant to 11 U.S.C. §§523 and 550
(Cont. from 5/7/20)
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will set a second OSC on why this Adversary Proceeding should not be dismissed for fuilure to prosecute and for the reasons stated in the Defendant's Opposition for September 8, 2020 at 2:00 p.m.
Plaintiff's brief is due July 17, 2020. Defendant's brief is due August 7, 2020. Plaintiff's reply is due August 14, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
DDI Distribution of California LLC Represented By
2:00 PM
CONT...
DDI Distribution of California LLC
Mark E Brenner
Chapter 7
Defendant(s):
Peter Larios Pro Se
Jose Castellanos Pro Se
Automatiq Pro Se
Plaintiff(s):
Diamond Peo LLC Represented By Charles K Manock
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
6:20-12025
Kaye Joann Potts
Chapter 7
#7.00
Hrg. on Debtor's Motion filed 5/20/20 for Redemption under 11 U.S.C. 722
Docket 9
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant the Motion and set the redemption price at $1,750.00. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Kaye Joann Potts Represented By
Ethan Kiwhan Chin
Trustee(s):
Charles W Daff (TR) Pro Se
2:00 PM
6:20-13380
Theresa Kaye Williams
Chapter 7
#8.00
Hrg. on Debtor's Motion filed 6/5/20 for Redemption under 11 U.S.C. 722 re: 2015 Toyota Prius
Docket 8
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will deny the Motion on the ground that the debtor has failed to make a sufficient showing that a Kelly Blue Book Private Party is "the price a retail merchant would charge" for the 2015 Prius.
SECURED CREDITOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Theresa Kaye Williams Represented By Steven A Alpert
Movant(s):
Theresa Kaye Williams Represented By
2:00 PM
CONT...
Trustee(s):
Theresa Kaye Williams
Steven A Alpert
Chapter 7
Arturo Cisneros (TR) Pro Se
9:00 AM
6:19-17552
RVT Inc
Chapter 11
#1.00
Hrg. on Chapter 11 Status Conference (Cont. from 2/20/20)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will set the bar date at September 30, 2020 and require notice of the bar date to be filed and served by July 16, 2020.
The Court will move the deadline for filing a plan and disclosure statement for September 30, 2020 to November 30, 2020.
Next status conference: November 5, 2020 at 9:00 a.m. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
RVT Inc Represented By
Julie J Villalobos
9:00 AM
CONT...
RVT Inc
Chapter 11
9:00 AM
6:19-16352
Silver Lakes Resort Lodge Interval Owners Associat
Chapter 11
#2.00
Hrg. on Chapter 11 Status Conference (Cont. from 2/27/20)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into Debtor's compliance with U.S. Trustee's guidelines and requirements.
The next status conference: TBD. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Silver Lakes Resort Lodge Interval Represented By
Teresa A. Blasberg
9:00 AM
6:19-18367
Affordable Auto Repair, Inc.
Chapter 11
#3.00
Hrg. on Chapter 11 Status Conference (Cont. from 4/9/20)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with United States Trustee guidelines and requirements. The Court will set a deadline of October 31, 2020 for filing a plan and disclosure statement and a deadline of January 31, 2021 for confirming a plan.
Next status conference: October 7, 2020 at 9 a.m. Updated status report is due September 23, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Affordable Auto Repair, Inc. Represented By
9:00 AM
CONT...
Affordable Auto Repair, Inc.
Michael Jones
Chapter 11
9:00 AM
6:20-13006
Bar Piatto, LLC
Chapter 11
#4.00
Hrg. on Chapter 11 Status Conference
Docket 0
*** VACATED *** REASON: Case Reassigned to Judge Johnson on 5/5/20
- jc Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Bar Piatto, LLC Represented By
Thomas C Corcovelos
2:00 PM
6:16-11051
Wilbert Mauricio Henriquez
Chapter 7
Adv#: 6:16-01072 VOKSHORI LAW GROUP, APLC v. Henriquez
#1.00
Hrg. on Order for Appearance and Examination (Cont. from 5/19/20)
[Tele. appr., Luke D. Jackson, repr., Vokshori Law Group]
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire how the judgment creditor intends to proceed in view of the pandemic. Does the judgment creditor wish to examine the judgment debtor by Zoom or Skype?
Party Information
Debtor(s):
Wilbert Mauricio Henriquez Represented By Brad Weil
Defendant(s):
Wilbert Mauricio Henriquez Represented By
2:00 PM
CONT...
Wilbert Mauricio Henriquez
Brad Weil
Chapter 7
Plaintiff(s):
VOKSHORI LAW GROUP, APLC Represented By
Nima S Vokshori Brad Weil
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
8:18-11678
Julie D Bentley
Chapter 13
#1.00
CONT'D Motion for relief from stay [Real Property]
Cenlar FSB As Servicer For U.S. Bank National Association As Trustee For CMAALT REMIC 2006-A6-REMIC Pass-Through Certificates, Series 2006-A6 vs. DEBTOR
(Motion filed 5/4/2020)
[RE: 1325 North Sarita Place, Orange, CA 92869]
FR: 6-1-20; 6-8-20
Docket 41
*** VACATED *** REASON: OFF CALENDAR - VOLUNTARY DISMISSAL OF MOVANT'S MOTION FOR RELIEF FROM AUTOMATIC STAY FILED 7-2-2020 - (DOCKET NO. [50])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Julie D Bentley Represented By Bryn C Deb
Movant(s):
Cenlar FSB as servicer for U.S. Represented By Nancy L Lee
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:19-14768
Robert Fonseca
Chapter 7
Adv#: 8:20-01038 Chavarria, Jr. v. Fonseca et al
#2.00
CONT'D Hearing RE: Request And Application For Entry Of Default Judgment Pursuant To LBR 7055-1
(Motion filed 4/29/2020) FR: 5-20-20
Docket 11
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion for entry of default judgment. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Robert Fonseca Represented By Steven A Alpert
Defendant(s):
Robert Fonseca Pro Se
9:00 AM
CONT...
Robert Fonseca
Chapter 7
Laura Teresa Hernandez Pro Se
Joint Debtor(s):
Laura Teresa Hernandez Represented By Steven A Alpert
Movant(s):
Mark Chavarria Jr. Represented By Michael Jones
Plaintiff(s):
Mark Chavarria Jr. Represented By Michael Jones
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
8:19-14768
Robert Fonseca
Chapter 7
Adv#: 8:20-01039 Donaldson et al v. Fonseca et al
#3.00
CONT'D Hearing RE: Request And Application For Entry Of Default Judgment Pursuant To LBR 7055-1
(Motion filed 4/29/2020) FR: 5-20-20
Docket 12
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion for entry of default judgment. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Robert Fonseca Represented By Steven A Alpert
Defendant(s):
Robert Fonseca Pro Se
9:00 AM
CONT...
Robert Fonseca
Chapter 7
Laura Teresa Hernandez Pro Se
Joint Debtor(s):
Laura Teresa Hernandez Represented By Steven A Alpert
Movant(s):
Samuel Donaldson Represented By Michael Jones
Patricia Donaldson Represented By Michael Jones
Plaintiff(s):
Samuel Donaldson Represented By Michael Jones
Patricia Donaldson Represented By Michael Jones
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
8:14-11729
Richard Clark Farrell
Chapter 7
Adv#: 8:16-01123 Naylor v. Farrell
#2.00
CONT'D STATUS CONFERENCE 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)
(S/C set per Memorandum Decision And Order Entered 11-15-19)
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; 5-13-20;
5-13-20; 6-29-20
[Tele. appr., Robert P. Goe, repr., Karen Sue Naylor]
Docket 19
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will clarify that Ms. Farrell's claim is subordinated to all allowed administrative claims, not just those incurred after December 30, 2014.
2:00 PM
CONT...
Richard Clark Farrell
Chapter 7
The Court will approve the form proposed form of judgment, Docket No. 181, pages 7-9 of 10.
TRUSTEE TO LODGE PROPOSED FORM OF JUDMENT.
Party Information
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 Laila Masud
Plaintiff(s):
Karen Sue Naylor Represented By Robert P Goe Nanette D Sanders
Rafael R Garcia-Salgado
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders Brian R Nelson Robert P Goe
Rafael R Garcia-Salgado
2:00 PM
8:19-12113
Heidi Crawford
Chapter 7
#3.00
CONT'D Hearing RE: Order To Show Cause RE: Debtor's Repeated Failure To Appear At 341(a) Examinations
[Telephonic Appearance Required]
FR: 6-8-20
[Tele. appr., Michael J. Berger, repr., DX Home Designs, Inc.]
Docket 41
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the OSC Hearing to October 5, 2020 at 2:00 p.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Heidi Crawford Represented By Richard G Heston
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
CONT...
Heidi Crawford
Chapter 7
9:00 AM
6:20-13229
Jose Apolinar Betancourt and Ma De La Luz Torres
Chapter 7
#1.00
Hemar, Rousso & Heald, LLP - movant attorney Motion for Relief from Stay
BMO Harris Bank N.A. vs. DEBTORS (Motion filed 6/12/20)
Re: 2015 Peterbilt 579-Series: 579 123.5"BBC CONV CAB SBA Tractor 6x4, VIN: 1XPBD49X2FD262395
Docket 11
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Deny as to the extraordinary relief.
9:00 AM
CONT...
Jose Apolinar Betancourt and Ma De La Luz Torres
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Jose Apolinar Betancourt Represented By Yolanda Flores-Burt
Joint Debtor(s):
Ma De La Luz Torres Gonzalez Represented By
Yolanda Flores-Burt
Trustee(s):
Lynda T. Bui (TR) Pro Se
2:00 PM
6:19-18367
Affordable Auto Repair, Inc.
Chapter 11
#1.00
Hrg. on U.S. Trustee Motion filed 3/19/20 to dismiss or convert chapter 11 case (Cont. from 6/2/20)
Docket 61
*** VACATED *** REASON: Motion withdrawn on 7/2/20 (doc. 104) - jc Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Affordable Auto Repair, Inc. Represented By Michael Jones Sara Tidd
2:00 PM
6:19-20240
Glory Anne Gonzales Lemus
Chapter 7
#2.00
Hrg. on trustee's final report; applications for compensation
[Re: Robert S. Whitmore, chapter 7 trustee] [Fees; $1824.50; expenses $107.70]
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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 $1,824.50 and expenses in the amount of $107.70.
2:00 PM
CONT...
Glory Anne Gonzales Lemus
Chapter 7
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Glory Anne Gonzales Lemus Represented By Neil R Hedtke
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
#3.00
Hrg. on creditor Havasu Lakeshore Investments, LLC Motion to Correct Written Order [Docket No., 475] to conform to prior oral order issued at hering
Docket 482
*** VACATED *** REASON: Order entered granting motion on 6/26/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
6:19-16352
Silver Lakes Resort Lodge Interval Owners Associat
Chapter 11
#4.00
Hrg. on Debtor's motion filed 6/30/20 (a) approving bidding procedures for auction and stalking horse break-up fee; (b) approving form and manner of notice to timeshare owners; and (c) scheduling a court hearing to consider approval of the sale to the successful bidder
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the service of the Motion.
Party Information
Debtor(s):
Silver Lakes Resort Lodge Interval Represented By
Teresa A. Blasberg
9:00 AM
8:18-10324
Alexander Mark Christian Isaly
Chapter 7
Adv#: 8:18-01083 B3 FIT, INC et al v. Isaly
#1.00
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; 12-4-19; 2-19-20; 4-22-20
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire as to the status of the settlement documentation. This hearing has already been continued multiple times.
Party Information
Debtor(s):
Alexander Mark Christian Isaly Represented By Anthony B Vigil Jeffrey G Jacobs
Defendant(s):
9:00 AM
CONT...
Alexander Mark Christian Isaly
Chapter 7
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):
Terence Shorter Represented By Ian Landsberg
Tina Shorter Represented By
Ian Landsberg
B3 FIT, INC Represented By
Ian Landsberg
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01155 Naylor v. Sun et al
#2.00
Hearing RE: Defendants' Bianca Sun And Yan Su's Motion To Allow Defendants' Late Filed Opposition To Plaintiff's Motion For Summary Judgment Or In The Alternative Motion For Continuance Of Hearing Of Plaintiff's Motion For Summary Judgment
[OST Denied 5/29/2020]
Docket 126
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will deny the Motion as moot in view of the Court's order granting the Trustee's motion for partial summary judgment.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Bianca Sun Represented By
9:00 AM
CONT...
Chester Davenport
Victor S Korechoff Eugene S Fu
Chapter 7
Yan Yu Sun Represented By
Victor S Korechoff Eugene S Fu
Movant(s):
Bianca Sun Represented By
Victor S Korechoff Eugene S Fu
Yan Yu Sun Represented By
Victor S Korechoff Eugene S Fu
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01155 Naylor v. Sun et al
#3.00
Hearing RE: Motion Of Defendants' Request For Late Filed Opposition To Plaintiff's Motion For Summary Judgment
(Motion filed 6/10/2020)
Docket 150
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will deny the Motion as moot in view of the Court's order granting the Trustee's motion for partial summary judgment.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Bianca Sun Represented By
Victor S Korechoff Eugene S Fu
9:00 AM
CONT...
Chester Davenport
Chapter 7
Yan Yu Sun Represented By
Victor S Korechoff Eugene S Fu
Movant(s):
Bianca Sun Represented By
Victor S Korechoff Eugene S Fu
Yan Yu Sun Represented By
Victor S Korechoff Eugene S Fu
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:18-12541
Scott Lawrence Chappell
Chapter 7
Adv#: 8:18-01174 Chappell et al v. Chappell et al
#4.00
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; 9-18-19; 3-11-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will inquire whether the Plaintiffs intend to pursue their objection to Defendants' claim of exemption and whether Defendants intend to defend absent such objection.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Scott Lawrence Chappell Represented By Stephen E Olear
9:00 AM
CONT...
Scott Lawrence Chappell
Chapter 7
Defendant(s):
Scott Lawrence Chappell Represented By Stephen E Olear
Alicia Woolsey Represented By Stephen E Olear
Joint Debtor(s):
Alicia Woolsey Represented By 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) Represented By Thomas H Casey
9:00 AM
8:18-13731
Fernando Zotea
Chapter 7
Adv#: 8:20-01044 Harman v. Zotea
#5.00
STATUS CONFERENCE Hearing RE: Complaint To Determine Dischargeability Of Debt Pursuant To 11 U.S.C. Section 523(a)(2)(A) (Objection To Dischargeability) And Damages
(Complaint filed 4/9/2020)
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Based upon the Parties' request in the Joint Status Report, the Court will send this Adversary Proceeding into mediation. The Parties shall file a mediation stipulation and lodge an order theron on or before August 15, 2020.
Next status conference: January 20, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Fernando Zotea Pro Se
9:00 AM
CONT...
Fernando Zotea
Chapter 7
Defendant(s):
Fernando Zotea Represented By Christopher B Good
Joint Debtor(s):
Alena May Zotea Pro Se
Plaintiff(s):
Jacob Harman Represented By Richard Jorgensen Jeffrey R Salberg
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-10616
Robert Michael Elliott
Chapter 7
Adv#: 8:19-01079 Cochrane v. Elliot
#6.00
CONT'D STATUS CONFERENCE Hearing RE: Second 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 - Dismissed With Leave To Amend - Order Entered 12-6-19 - docket no. [34])
(Second Amended Complaint filed 12/26/19)
FR: 8-7-19; 10-30-19; 2-26-20
Docket 38
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Based upon the Parties' request as made in the Status Reports, the Court will order this Adversary Proceeding into mediation. The Parties shall file a mediation stipulation and lodge an order therein on or before August 15, 2020.
Next status conference: January 27, 2021. An updated status report is due January 13, 2021.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Robert Michael Elliott
Chapter 7
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
8:19-12113
Heidi Crawford
Chapter 7
Adv#: 8:19-01179 DX Home Designs Inc. v. Crawford et al
#7.00
Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 Against Michael Dean Crawford And Style House, Inc.
(Set per Order Entered 5-22-20)
Docket 24
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant the Motion and enter default judgment against Style House, Inc. and Michael D. Crawford in the amount of $452,892.54.
PLAINTIFF TO LODGE (1) ORDER GRANTING MOTION AND (2) FORM OF JUDGMENT VIA LOU WITHIN 7 DAYS
Party Information
Debtor(s):
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Heidi Crawford Pro Se
9:00 AM
CONT...
Heidi Crawford
Chapter 7
Michael Dean Crawford Pro Se
Style House Inc. Pro Se
Michael Crawford Pro Se
Movant(s):
DX Home Designs Inc. Represented By Michael Jay Berger
Plaintiff(s):
DX Home Designs Inc. Represented By Michael Jay Berger
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-12113
Heidi Crawford
Chapter 7
Adv#: 8:19-01179 DX Home Designs Inc. v. Crawford et al
#8.00
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; 12-4-19; 2-19-20; 6-3-20
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
9:00 AM
CONT...
Debtor(s):
Heidi Crawford
Party Information
Chapter 7
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Heidi Crawford Pro Se
Michael Dean Crawford Pro Se
Style House Inc. Pro Se
Michael Crawford Pro Se
Plaintiff(s):
DX Home Designs Inc. Represented By Michael Jay Berger
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
#9.00
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; 11-25-19; 3-18-20; 4-22-20
Docket 59
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
The Court found the Status Report very helpful, detailed and informative. The Court encourages the Trsutee's efforts to build a cash reserve.
Next status conference: November 4, 2020 at 9:00 a.m. An updated status report is due October 21, 2020.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
South Coast Behavioral Health, Inc.
Chapter 11
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:19-01167 Complete Business Solutions Group, Inc. v. South Coast Behavioral Health,
#10.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Ownership In Accounts Receivable And The Proceeds
(Complaint Filed 8/8/19)
[S/C Continued as to West Coast Business Capital, LLC - (ONLY) per Order Entered 10/7/19)]
FR: 11-6-19; 11-27-19; 3-11-20; 4-15-20; 6-3-20
Docket 1
*** VACATED *** REASON: CONTINUED TO FEBRUARY 8, 2021 AT 2:00 P.M. PER ORDER APPROVING STIPULATION EXTENDING CASE MANAGEMENT DEADLINES ENTERED 5-11-2020 - (DOCKET NO. [72])
Tentative Ruling:
- NONE LISTED -
Party Information
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 Represented By Steven R Fox
Ikhan Capital LLC, Represented By Karel G Rocha
Bridge Funding Capital LLC, Represented By Karel G Rocha
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
FID Funding Represented By
David B Zolkin
BMF Capital LLC Represented By David B Zolkin
Plaintiff(s):
Complete Business Solutions Group, Represented By
Keith C Owens
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:20-01006 South Coast Behavioral Health v. 3151 Airway LLC et al
#11.00
Hearing RE: Motion Of Charles McPhail And Nicole Poliquin To Set Aside Entry Of Defaults
(Motion filed 5/29/2020)
Docket 45
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Defendant(s):
3151 Airway LLC Represented By
Crystle Jane Lindsey
Nicole Poliquin Represented By
Crystle Jane Lindsey
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Chapter 11
Charles McPhail Represented By
Crystle Jane Lindsey
Movant(s):
Nicole Poliquin Represented By
Crystle Jane Lindsey
Charles McPhail Represented By
Crystle Jane Lindsey
Plaintiff(s):
South Coast Behavioral Health Represented By Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders
9:00 AM
8:19-14527
Anthony Afshin Kashani
Chapter 7
Adv#: 8:20-01030 Golden, Chapter 7 Trustee v. Lewis et al
#12.00
STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Unrecorded Interest In Property Of The Estate Pursuant To 11 U.S.C. Section 544(a)(3);
Recovery Of Avoided Unrecorded Interest Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Unrecorded Interest Pursuant To 11 U.S.C.
Section 551; And
Declaratory Relief (Complaint filed 3/18/2020)
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the Status Conference to July 15, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Anthony Afshin Kashani Represented By Mirsaied Kashani
9:00 AM
CONT...
Anthony Afshin Kashani
Chapter 7
Defendant(s):
Jeff Lewis Represented By
Craig J Beauchamp
Patti Lewis Represented By
Craig J Beauchamp
Plaintiff(s):
Jeffrey I. Golden, Chapter 7 Trustee Represented By
Roye Zur
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur
9:00 AM
8:19-14768
Robert Fonseca
Chapter 7
Adv#: 8:20-01038 Chavarria, Jr. v. Fonseca et al
#13.00
STATUS CONFERENCE Hearing RE: Plaintiff's Complaint To Determine Non- Dischargeability Of Debt Pursuant To 11 U.S.C. 523(a)(2)(A) And 11 U.S.C.
523(a)(6)
(Complaint filed 3/23/2020)
Docket 1
*** VACATED *** REASON: OFF CALENDAR - STIPULATED JUDGMENT AND ORDER ENTERED 7-6-2020 - (DOCKET NO. [18])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Robert Fonseca Represented By Steven A Alpert
Defendant(s):
Robert Fonseca Pro Se
Laura Teresa Hernandez Pro Se
Joint Debtor(s):
Laura Teresa Hernandez Represented By Steven A Alpert
Plaintiff(s):
Mark Chavarria Jr. Represented By Michael Jones
Trustee(s):
Richard A Marshack (TR) Pro Se
9:00 AM
8:19-14768
Robert Fonseca
Chapter 7
Adv#: 8:20-01039 Donaldson et al v. Fonseca et al
#14.00
STATUS CONFERENCE Hearing RE: Plaintiff's Complaint To Determine Non- Dischargeability Of Debt Pursuant To 11 U.S.C. 523(a)(2)(A) And 11 U.S.C.
523(a)(6)
(Complaint filed 3/23/2020)
Docket 1
*** VACATED *** REASON: OFF CALENDAR - STIPULATED JUDGMENT AND ORDER ENTERED 70602020 - (DOCKET NO. [19])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Robert Fonseca Represented By Steven A Alpert
Defendant(s):
Robert Fonseca Pro Se
Laura Teresa Hernandez Pro Se
Joint Debtor(s):
Laura Teresa Hernandez Represented By Steven A Alpert
Plaintiff(s):
Samuel Donaldson Represented By Michael Jones
Patricia Donaldson Represented By Michael Jones
9:00 AM
CONT...
Trustee(s):
Robert Fonseca
Chapter 7
Richard A Marshack (TR) Pro Se
9:00 AM
8:20-10096
Michael Allan Barnum
Chapter 7
Adv#: 8:20-01053 Boards of Trustees of the National Elevator Indust v. Barnum
#15.00
STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt
(Complaint filed 4/15/2020)
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will issue a scheduling order:
All discovery closes May 31, 2021.
All discovery motions shall be heard before June 30, 2021.
All pretrial motions shall be heard before July 31, 2021.
The pretrial conference is set for August 11, 2021 at 9:00 a.m.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Michael Allan Barnum Represented By Andrew S Bisom
9:00 AM
CONT...
Michael Allan Barnum
Chapter 7
Defendant(s):
Michael Allan Barnum Represented By Andrew S Bisom
Plaintiff(s):
Boards of Trustees of the National Represented By
Laurie A Traktman
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:20-11329
Ilyas M. Chaudhary
Chapter 11
#16.00
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 5/6/20)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
The Court will require an income tax analysis of the Federal and California tax consequences of any sale of the Villa Del Cerro property prior to approving any 11
U.S.C. § 363 sale or other sale.
Next status conference: November 12, 2020 at 9:00 a.m. An updated status report is due October 29, 2021.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Ilyas M. Chaudhary
Chapter 11
Ilyas M. Chaudhary Represented By Kevin Tang
2:00 PM
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#1.00
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; 12-4-19; 1-23-20; 2-24-20; 5-6-20
Docket 10
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into Debtor's compliance with U.S. Trustee guidelines and requirements.
The Court will inquire into the amount of net cash proceeds that can be generated if the Lake Arrowhead Property is to be sold for $850,000.00.
Next status conference: TBD. COURT TO PREPARE ORDER.
Party Information
2:00 PM
CONT...
Debtor(s):
Allan Eli Gindi and Carol June Gindi
Chapter 11
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
8:19-10198
Allan Eli Gindi and Carol June Gindi
Chapter 11
#2.00
CONT'D Hearing RE: Approval Of Debtors' Chapter 11 Second Amended Disclosure Statement Describing Chapter 11 Second Amended Plan Of Reorganization
(D.S. Filed 8/15/19)
(First Amended D.S. filed 10/23/19) (Second Amended D.S. filed 6/5/2020)
FR: 9-25-19; 11-5-19; 12-4-19; 1-23-20; 2-24-20; 5-6-20
Docket 444
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will require certain changes and edits in the Disclosure Statement and likely will approve the Disclosure Statement.
Party Information
Debtor(s):
Allan Eli Gindi Represented By Michael G Spector Vicki L Schennum
2:00 PM
CONT...
Allan Eli Gindi and Carol June Gindi
Chapter 11
Joint Debtor(s):
Carol June Gindi Represented By Michael G Spector Vicki L Schennum
Candice Candice Bryner
Riverside
Judge Mark Wallace, Presiding Courtroom 225 Calendar
Thursday, July 9, 2020
Hearing Room
225
9:00 AM
6:19-16416
Carmencita Pacia
Chapter 7
Adv#: 6:20-01008 Anderson v. Pacia
#1.00
STATUS CONFERENCE re: Complaint by Karl T Anderson against Maria Victoria Pacia. (Charge To Estate). ($350.00) (Attachments: # 1 Adversary Cover Sheet # 2 Summons) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer))
(Cont. from 7/9/20)
Docket 1
*** VACATED *** REASON: Cont. to 10/22/10 by order signed and entered on 7/7/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Carmencita Pacia Represented By Natalie A Alvarado
Defendant(s):
Maria Victoria Pacia Pro Se
Joint Debtor(s):
Rolando Pacia Represented By Natalie A Alvarado
Plaintiff(s):
Karl T Anderson Represented By Robert P Goe Ryan S Riddles
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#1.00
CONT'D Hearing RE: Trustee's Amended Final Report And Applications For Compensation And Reimbursement Of Expenses
(Final Report filed 12/12/19) (Amended Final Report filed 12/20/19)
[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee] [Fees: $21,096.11; Expenses: $0.00]
[RE: WEILAND GOLDEN GOODRICH, LLP - Attorney For Chapter 7 Trustee]
[Fees: $0.00; Expenses: $0.00]
[RE: SHULMAN BASTIAN, LLP - Special Counsel For Chapter 7 Trustee] [Fees: $0.00; Expenses: $0.00]
[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee] [Fees: $0.00; Expenses: $0.00]
Prior Chapter Fees And Administrative Expenses: [RE: THE DILLINGER LAW FIRM PC]
[Prior Chapter Administrative Expenses - Claim No. 19 - $52,576.61]
[RE: SHULMAN HODGES & BASTIAN LLP - Attorney For Debtor-In- Possession]
[Fees: $0.00; Expenses: $0.00]
FR: 1-27-20; 2-24-20; 4-13-20; 5-18-20
Docket 298
Tentative Ruling:
2:00 PM
CONT...
JoJo's Pizza Kitchen Inc
Chapter 7
TELEPHONIC APPEARANCES REQUIRED.
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
$21,096.11 and expenses in the amount of $0.
The compensation is approved as to IMS, with fees in the amount of $12,433.04 and expenses in the amount of $0.
The compensation is approved as to United States Trustee, with fees in the amount of
$659.08.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
JoJo's Pizza Kitchen Inc
Chapter 7
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen Melissa Davis Lowe
2:00 PM
8:11-21300
JoJo's Pizza Kitchen Inc
Chapter 7
#2.00
CONT'D Hearing RE: First And Final Application For Approval Of Chapter 11 Fees And Reimbursement Of Expenses For The Period From January 7, 2013 Through September 24, 2014
(Motion filed 1/7/29)
[RE: SHULMAN BASTIAN LLP - Counsel For The Chapter 11 Debtors] [Fees: $180,257.00; Expenses: $9,248.24]
FR: 1-27-20; 2-24-20; 4-13-20; 5-18-20
Docket 306
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant the Application and will award on a final basis $180,257.00 in fees and $9,248.24 in expenses and will approve a payment (subject to the availability of funds and the subordination of chapter 11 fees and expenses to chapter 7 fees and expenses) of $117,805.24.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
JoJo's Pizza Kitchen Inc
Chapter 7
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Movant(s):
JoJo's Pizza Kitchen Inc Represented By Leonard M Shulman Melissa Davis Lowe
Trustee(s):
Jeffrey I Golden (TR) Represented By Leonard M Shulman Beth Gaschen Melissa Davis Lowe
2:00 PM
8:20-10578
Jason Monzon Alvarado
Chapter 7
#3.00
Hearing: RE: Order To Show Cause RE: Dismissal For Failure To Comply With Rule 1006(b)
[$96.00 Installment Fee Was Due On 5-29-2020]
Docket 21
*** VACATED *** REASON: OFF CALENDAR - INSTALLMENT FEE PAID ON JUNE 22, 2020 - RECEIPT NUMBER: 80075022
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Jason Monzon Alvarado Pro Se
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
8:19-13374
Martha S Adair
Chapter 11
#4.00
Hearing RE: Application Of Debtor And Debtor-In-Possession For Authority To Employ The Law Offices Of Eric Becker As Special Probate Law Counsel (Motion gilrf 6/22/2020)
Docket 97
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court intends to grant the Application.
DEBTOR-IN-POSSESSION TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Martha S Adair Represented By Richard H Golubow
Movant(s):
Martha S Adair Represented By Richard H Golubow Richard H Golubow Richard H Golubow Richard H Golubow
2:00 PM
CONT...
Martha S Adair
Chapter 11
2:00 PM
8:19-13374
Martha S Adair
Chapter 11
#5.00
Hearing RE: Application Of Debtor And Debtor-In-Possession For Authority To Expand Scope Of Employment Of Fiduciary Real Estate Services, Inc.
(Motion filed 6/22/2020)
Docket 98
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court intends to grant the Application.
DEBTOR-IN-POSSESSION TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Martha S Adair Represented By Richard H Golubow
Movant(s):
Martha S Adair Represented By Richard H Golubow Richard H Golubow Richard H Golubow
2:00 PM
CONT...
Martha S Adair
Richard H Golubow
Chapter 11
2:00 PM
8:19-13374
Martha S Adair
Chapter 11
#6.00
Hearing RE: Application Of Debtor And Debtor-In-Possession For Authority To Employ And Compensate Special Business Studies, Inc. As Real Property Appraiser
(Motion filed 6/22/2020)
Docket 96
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court intends to grant the Application.
DEBTOR-IN-POSSESSION TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Martha S Adair Represented By Richard H Golubow
Movant(s):
Martha S Adair Represented By Richard H Golubow Richard H Golubow
2:00 PM
CONT...
Martha S Adair
Richard H Golubow Richard H Golubow
Chapter 11
2:00 PM
8:19-13374
Martha S Adair
Chapter 11
#7.00
Hearing RE: Application Of Debtor And Debtor-In-Possession For Authority To Employ And Compensate Yvonne M. Karn As Personal Property Appraiser (Motion filed 6/22/2020)
Docket 95
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court intends to grant the Application.
DEBTOR-IN-POSSESSION TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Martha S Adair Represented By Richard H Golubow
Movant(s):
Martha S Adair Represented By Richard H Golubow Richard H Golubow Richard H Golubow
2:00 PM
CONT...
Martha S Adair
Richard H Golubow
Chapter 11
2:00 PM
6:18-18731
Scott Shih Lee
Chapter 7
#1.00
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: 1/28/20)
(Tele. appr. Tinho Mang, rep. trustee, Robert Whitmore)
Docket 109
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with the agreement regarding the Debtor's turnover obligations. See Docket No. 158.
Party Information
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
CONT...
Scott Shih Lee
Chapter 7
2:00 PM
6:18-20056
Giovanni Vladimir Rubio
Chapter 7
#2.00
Hrg. trustee's final report and application for compensation
[RE: A. Cisneros, trustee]
[Fees; $1196.08; Expenses $20.00]
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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 $1,196.08 and expenses in the amount of $20.00.
2:00 PM
CONT...
Giovanni Vladimir Rubio
Chapter 7
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Giovanni Vladimir Rubio Represented By Neil R Hedtke
Trustee(s):
Arturo Cisneros (TR) Pro Se
2:00 PM
6:19-12659
Sonya Leah Budke and Rodney Norman Budke
Chapter 7
#3.00
Hrg. on trustee's final report; application for compensation
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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 $312.41 and expenses in the amount of $116.50.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
2:00 PM
CONT...
Debtor(s):
Sonya Leah Budke and Rodney Norman Budke
Party Information
Chapter 7
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
2:00 PM
6:19-16545
DDI Distribution of California LLC
Chapter 7
#4.00
Hrg. on Debtor's Motion for Turnover of Property of Debtor's Ongoing Business Operations and Premises, or Alternatively, Directing Turnover of All Accounting Records and Payment of All Net Profits of the Debtor to the Trustee Since the Petition Date
(OST signed and entered on 7/6/20)
(Tele. appr. Caroline Djang, rep. trustee, Daroline Djang, trustee) (Tele. app. Brandon Iskander, rep. trustee, Lynda Bui)
(Tele. appr. Cameron Ridley, Interested party, U.S. Trustee)
Docket 37
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The commencement of PAL Distribution's subchapter V case gives rise to an automatic stay that would seem to block this Motion. The Court, therefore, is inclined to deny the motion without prejudice or to continue it.
PAL DISTRIBUTION TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
2:00 PM
CONT...
Debtor(s):
DDI Distribution of California LLC
Party Information
Chapter 7
DDI Distribution of California LLC Represented By
Mark E Brenner
Trustee(s):
Lynda T. Bui (TR) Represented By Brandon J Iskander
9:00 AM
8:15-14817
Tracy Lee Edwards
Chapter 7
Adv#: 8:16-01008 Marin et al v. Edwards
#1.00
STATUS CONFERENCE Hearing RE: Complaint (Set per Order Entered 5/19/2020)
[Tele. appr., Robert J. Younger, repr., Martin Marin]
Docket 100
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will direct the Clerk's office to close the main bankruptcy case and this adversary proceeding.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Tracy Lee Edwards Represented By Dennis Connelly
Defendant(s):
Tracy Lee Edwards Represented By Dennis Connelly
9:00 AM
CONT...
Tracy Lee Edwards
Chapter 7
Plaintiff(s):
Martin Marin Represented By
Robert J Younger
World Power Wrestling Represented By Robert J Younger
Trustee(s):
Thomas H Casey (TR) Pro Se
9:00 AM
8:15-15715
William John Murphy
Chapter 7
Adv#: 8:16-01147 Vohne Liche Kennels, Inc. et al v. Murphy et al
#2.00
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; 11-13-19;
5-13-20
Docket 1
*** VACATED *** REASON: CONTINUED TO NOVEMBER 4, 2020 AT 9:00 A.M. PER ORDER CONTINUING STATUS CONFERENCE PURSUANT TO STIPULATION ENTERED 7-14-2020 - (DOCKET NO. [80])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
William John Murphy Represented By Sean A OKeefe
Michael N Nicastro
Defendant(s):
William John Murphy Represented By Sean A OKeefe
Cheryl Lynn Murphy Represented By Sean A OKeefe
Joint Debtor(s):
Cheryl Lynn Murphy Represented By Sean A OKeefe
9:00 AM
CONT...
William John Murphy
Chapter 7
Plaintiff(s):
VLK Risk Consultants, Inc. Represented By Neal Salisian Jack I Siegal
Vohne Liche Kennels, Inc. Represented By Neal Salisian Jack I Siegal
Trustee(s):
Jeffrey I Golden (TR) Represented By Jason Balitzer Steven Werth
9:00 AM
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
#3.00
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; 11-13-19; 2-19-20; 5-6-20
[Tele. appr., Garrick A. Hollander, repr., Modern VideoFilm, Inc.] [Tele. appr., Emily A. Sanchirico, repr., Moshe Barkat]
[Tele. appr., Queenie Ng, repr., U.S. Trustee]
Docket 168
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire as to the current status of the settlement negotiations.
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander
9:00 AM
CONT...
Modern VideoFilm, Inc.
Andrew B Levin Peter W Lianides
Chapter 11
9:00 AM
8:18-11997
QDOS, Inc
Chapter 11
#4.00
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; 10-16-19; 3-11-20
[Tele. appr., Patrick M. Costello, repr., Carl Wiese]
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
In view of the pending appeal of the BAP's decision to the Ninth Circuit and the COVID-19 pandemic, the Court will continue the status conference to January 27, 2021 at 9:00 a.m.
An updated status report by the alleged Debtor QDOS is due January 13, 2021. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
QDOS, Inc Represented By
Damian D Capozzola
9:00 AM
CONT...
QDOS, Inc
Chapter 11
9:00 AM
8:19-13571
Anthony Afshin Kashani
Chapter 11
Adv#: 8:19-01210 Kashani v. Lewis et al
#5.00
CONT'D STATUS CONFERENCE RE: Debtor's Complaint For:
Avoidance Of Untitled Interest In Estate Property;
Quiet Title;
Breach Of The Covenant Of Good Faith And Fair Dealing;
Emergency and Injunctive Relief Requested (Complaint filed 10/29/19)
FR: 1-22-20; 6-3-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will set an order to show cause hearing for September 21, 2020 as to why this adversary proceeding should not be dismissed for failure to prosecute, namely, failure to serve the summons and complaint. FRBP 7004, FRCP 4(m).
Any interested party who desires to assert a position on this matter shall file a brief on or before August 14, 2020.
COURT TO PREPARE ORDER
Party Information
9:00 AM
CONT...
Debtor(s):
Anthony Afshin Kashani
Chapter 11
Anthony Afshin Kashani Represented By Saied Kashani
Defendant(s):
Jeff Lewis Pro Se
Patty Lewis Pro Se
Plaintiff(s):
Anthony Afshin Kashani Represented By Mirsaied Kashani
9:00 AM
8:19-14527
Anthony Afshin Kashani
Chapter 7
Adv#: 8:20-01030 Golden, Chapter 7 Trustee v. Lewis et al
#6.00
CONT'D Hearing RE: Plaintiff Chapter 7 Trustee's Motion For Summary Judgment
(Motion filed 4/22/2020)
FR: 6-3-20
[Tele. appr., Roye Zur, repr., Jeffrey I. Golden (Trustee)]
[Tele. appr., Craig J. Beauchamp, repr., Jeff and Patty Lewis (Defendants)]
Docket 9
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Before the Court is Plaintiff Chapter 7 Trustee’s Motion for Summary Judgment (the "Motion"). The Motion seeks a determination by this Court that chapter 7 trustee Jeffrey Golden (the ‘"Plaintiff") is entitled to exercise his strong-arm powers under 11 U.S.C. § 544(a)(3) to avoid an alleged interest in real property located at 420 South Zion Ridge Drive, Lot #33, Mt. Carmel, Utah 84741 (the "Property") held by Jeff and Patti Lewis ("Defendants") and to recover such interest for the benefit of
9:00 AM
CONT...
Anthony Afshin Kashani
Chapter 7
the bankruptcy estate of Anthony Afshin Kashani "Mr. Kashani") pursuant to 11
U.S.C. § 551. Defendants oppose the Motion.
In 2012, Mr. Kashani acquired a deed to the Property, which appears to be a cabin in the vicinity of Zion National Park in Utah. The Warranty Deed showing Mr. Kashani as grantee is dated May 26, 2012 and was recorded on June 6, 2012. A deed of trust encumbering the Property was recorded on this same date (the "Deed of Trust").
The Deed of Trust shows Mr. Kashani as the "Borrower" and Academy Mortgage Corporation as the "Lender." The Deed of Trust states that it secures a loan of
$160,000.
Prior to the recording of deed on June 6, 2012, Mr. Kashani entered into an "Ownership Agreement" with Defendants generally providing that Defendants would pay about $50,000 toward the down payment, existing lien payoff and closing costs and, additionally, would contribute $100,000 "in the form of cash, furnishing and maintenance of any kind." In exchange therefor, the Ownership Agreement" recites that "Ownership of said property is as follows: 50% Anthony Kashani and 50% Jeff & Patti Lewis."
The Ownership Agreement was never recorded. However, on or about August 24, 2018, Defendants recorded a document entitled "Notice Intrest" [sic]. This document states as follows: JEFF AND PATTI LEWIS CLAIM AND INTREST [sic] IN THE FLOWING [sic] PROPERTY ON LOT 33, ZION RIDGE PLANNED UNIT DEVELOPMENT— PHASE 1 AMENDED AND EXTENDED, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE OFFICE OF THE RECORDED [sic] OF KANE COUNTY, STATE OF UTAH.
9:00 AM
CONT...
Anthony Afshin Kashani
Chapter 7
PlaIntiff contends in the Motion that he is entitled to summary judgment that he may avoid any interest in the Property held by the Defendants using his strong-arm powers under 11 U.S.C. § 544(a)(3) and recover such interest (if any) for the bankruptcy estate’s benefit pursuant to 11 U.S.C. 551. Plaintiff argues that by having the status of a bona fide purchaser under Utah law he takes the Property free and clear of any alleged interest held by Defendants.
Federal Rule of Bankruptcy Procedure 7056 provides that, with an exception not relevant here, Federal Rule of Civil Procedure 56 applies in this adversary proceeding. Rule 56, in turn, provides in relevant part that "[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." The party moving for summary judgment has the initial burden of showing entitlement to judgment as a matter of law. Tranchitella v. Bank of Illinois in DuPage, 198 B.R. 679 (N.D. Ill. 1996).
A bankruptcy trustee such as Plaintiff has the power to avoid any interest in property that a hypothetical bona fide purchaser for value could have avoided under the law of the state in which the property is located. Chase Manhattan Bank
v. Taxel (In re Deuel), 594 F.3d 1073, 1076 (9th Cir. 2010); Probasco v. Eads (In re
9:00 AM
CONT...
Anthony Afshin Kashani
Chapter 7
Probasco), 839 F.2d 1352, 1354 (9th Cir. 1988) ("The powers of a bona fide purchaser for purposes of section 544(a) are defined by state law"). Here, the Property is located in Utah, so the Court will look to Utah law to determine whether Plaintiff has shown that as a deemed bona fide purchaser for value, he can avoid the interest claimed in the Property by Defendants.
Under Utah law, a purchaser must take title to property without notice of a prior unrecorded interest in property in order to qualify as a bona fide purchaser (who would take title free and clear of such unrecorded interest). Morris v. Off-Piste Capital LLC, 418 P.3d 66, 74 (Utah Ct. of Appeals 2018). Bankruptcy Code section 544(a) expressly states that a trustee’s strong-arm powers are determine "without regard to any knowledge of the trustee," so it might seem on first impression that whether the trustee had notice or did not have notice of the prior unrecorded interest would be wholly irrelevant. However, this is not entirely correct. The statutory language of section 544(a) refers to actual knowledge but not to constructive notice. McCannon v. Marston, 679 F.2d 13, 16-17 (3d Cir. 1982). If a trustee has constructive notice of an interest of property and applicable state law denies bona fide purchaser status to a buyer who has constructive notice of such interest, the trustee loses his strong-arm power to avoid the interest because he fails to qualify as a bona fide purchaser. Probasco v. Eads (In re Probasco), 839 F.2d 1352, 1354-55 (9th Cir. 1988) ("The language of [section 544(a)(3)] renders the trustee’s or any creditor’s knowledge irrelevant. [footnote omitted] It does not, however, make irrelevant notice constructively given . . .").
Utah law recognizes two types of constructive notice that, if applicable, can defeat a buyer’s right to take free and clear of an interest in property: record notice and inquiry notice. U.P.C., Inc. v. R.O.A. General, Inc., 990 P.2d 945, 953-54 (1999); First American Title Ins. Co. v. J.B. Ranch, Inc., 966 P.2d 834, 837 (1998). Inquiry notice occurs when circumstances arise that should put a reasonable person on guard so as to require further inquiry on his part. First American Title Ins. Co. v. J.B. Ranch, Inc.,
9:00 AM
CONT...
Anthony Afshin Kashani
Chapter 7
966 P.2d 834, 838 (1998). Inquiry notice does not arise from a record. Id.
The inquiry notice standard in force under Utah law is tied to what would put a reasonably prudent person on notice. Salt Lake, Garfield & Western Railway Co. v. Allied Materials Co., 291 P.2d 883, 885 (1955). A reasonably prudent buyer certainly would inspect real property prior to purchasing it. Id. (party seeking bona fide purchaser status charged with knowledge of poles, guy wires and trolley wires on land). What a buyer knows or does not know about the condition of the Property being purchased is of prime importance in determining whether or not the buyer is on inquiry notice.
In this case, the Motion fails to establish what the Plaintiff-trustee knew or did not know about the possession, condition or occupancy of the Property. The Motion is supported by a Declaration by the Plaintiff-trustee’s counsel, but not by any declaration by the Plaintiff-trustee himself. In the absence of any evidence as to what the Plaintiff-trustee knew or did not know about the Property, the Court cannot reach the conclusion that the Plaintiff-trustee was not on inquiry notice or was the type of hypothetical reasonably prudent buyer who could qualify as a bona fide purchaser under Utah law. Just as a buyer of real property cannot close his eyes to the Property’s condition and still qualify as a bona fide purchaser under Utah law, neither can a bankruptcy trustee keep a bankruptcy court in the dark as to what the trustee knew or did not know as it pertains to inquiry notice and still prevail on a motion for summary judgment pursuant to Bankruptcy Code section 544(a)(3).
To phrase the matter differently, if the Plaintiff is to prevail on the Motion, the Plaintiff must show that he did not have inquiry notice with respect to Defendants’ alleged interest in the Property. Because the Court has no evidence before it regarding what the Plaintiff knew or did not know about the Property, Plaintiff has failed to meet his initial burden of showing he is entitled to judgment as a matter of law.
9:00 AM
CONT...
Anthony Afshin Kashani
Chapter 7
The Court denies the Motion with prejudice.
Because the Court believes there is a possibility that this adversary proceeding can be consensually resolved without the necessity of a trial, the Court orders the proceeding into mediation. The parties shall file a mediation stipulation and lodge an order thereon on or prior to July 31, 2020.
The Court sets a status conference for January 13, 2020 at 9:00 a.m.
DEFENDANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Anthony Afshin Kashani Represented By Mirsaied Kashani
Defendant(s):
Jeff Lewis Represented By
Craig J Beauchamp
Patti Lewis Represented By
Craig J Beauchamp
Movant(s):
Jeffrey I. Golden, Chapter 7 Trustee Represented By
Roye Zur
Plaintiff(s):
Jeffrey I. Golden, Chapter 7 Trustee Represented By
Roye Zur
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur
9:00 AM
CONT...
Anthony Afshin Kashani
Chapter 7
9:00 AM
8:19-14527
Anthony Afshin Kashani
Chapter 7
Adv#: 8:20-01030 Golden, Chapter 7 Trustee v. Lewis et al
#6.10
CONT'D STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Unrecorded Interest In Property Of The Estate Pursuant To 11 U.S.C. Section 544(a)(3);
Recovery Of Avoided Unrecorded Interest Pursuant To 11 U.S.C. Section 550;
Preservation Of Avoided Unrecorded Interest Pursuant To 11 U.S.C.
Section 551; And
Declaratory Relief (Complaint filed 3/18/2020)
FR: 7-8-20
[Tele. appr., Roye Zur, repr., Jeffrey I. Golden (Trustee)]
[Tele. appr., Craig J. Beauchamp, repr., Jeff and Patty Lewis (Defendants)]
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will send this adversary proceeding into mediation. The Parties shall file a mediation stipulation and lodge an order thereon on or before August 31, 2020.
9:00 AM
CONT...
Anthony Afshin Kashani
Chapter 7
The Court continues the status conference to February 10, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Anthony Afshin Kashani Represented By Mirsaied Kashani
Defendant(s):
Jeff Lewis Represented By
Craig J Beauchamp
Patti Lewis Represented By
Craig J Beauchamp
Plaintiff(s):
Jeffrey I. Golden, Chapter 7 Trustee Represented By
Roye Zur
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur
9:00 AM
8:19-14723
James Alvin Grove
Chapter 7
Adv#: 8:20-01026 Nigolian et al v. Grove
#7.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Determine Nondischargeability Of Debt, To Deny Debtor's Discharge And For Entry Of Judgment
(Complaint filed 3/12/20)
FR: 6-3-20
[Tele. appr., Grant A. Nigolian, repr., Self and Sarine Sabounjian (Plaintiffs)]
[Tele. appr., Michael G. Spector, repr., James Grove (Defendants)]
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Based upon the Parties' request as set forth in the Joint Status Report, the Court will send this adversary proceeding into mediation. The Parties shall file a mediation stipulation on or before August 15, 2020 (and lodge an order thereon).
The Court will continue the status conference to January 20, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.
9:00 AM
CONT...
Debtor(s):
James Alvin Grove
Party Information
Chapter 7
James Alvin Grove Represented By Michael N Nicastro Michael G Spector
Defendant(s):
James Alvin Grove Represented By Michael G Spector
Plaintiff(s):
Sarine Nigolian Represented By Grant A Nigolian
Grant Nigolian Represented By Grant A Nigolian
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01155 Naylor v. Sun et al
#8.00
PRE-TRIAL 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) (PTC set at S/C held 7/17/19)
9:00 AM
CONT...
Chester Davenport
Chapter 7
FR: 10-24-18; 3-27-19; 6-19-19; 7-17-19; 4-15-20
Docket 1
*** VACATED *** REASON: CONTINUED TO AUGUST 19, 2020 AT 9:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE PRE-TRIAL CONFERENCE ENTERED 6-22-2020 - (DOCKET NO. [159])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Bianca Sun Represented By
Victor S Korechoff Eugene S Fu
Yan Yu Sun Represented By
Victor S Korechoff Eugene S Fu
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01193 Basho Technologies Holdco C, LLC et al v. Chester
#9.00
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; 12-18-19
Docket 1
*** VACATED *** REASON: CONTINUED TO OCTOBER 21, 2020 AT 9:00 A.M. PER ORDER APPROVING SECOND STIPULATION TO AMEND SCHEDULING ORDER ENTERED 4-17-2020 - (DOCKET NO. [81])
Tentative Ruling:
- NONE LISTED -
Party Information
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 Tanya Behnam
Basho Technologies Holdco E, LLC Represented By
Bradley Gardner
9:00 AM
CONT...
Chester Davenport
Randye B Soref Tanya Behnam
Chapter 7
Hunoby Enterprises, LLC Represented By Bradley Gardner Randye B Soref Tanya Behnam
Earl P. Galleher III Represented By Bradley Gardner Randye B Soref Tanya Behnam
Basho Technologies Holdco B, LLC Represented By
Randye B Soref Bradley Gardner Tanya Behnam
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:19-14162
Eric Daniel Merrell
Chapter 7
Adv#: 8:20-01012 Lohr v. Merrell et al
#10.00
Hearing RE: Defendants' Motion To (1) Compel Plaintiff To Provide The Actual Production Of Documents By Plaintiff To Defefndant's First Request For Production Of Documents; (2) Compel Plaintiff To Provide Her Tax Returns; And (3) Compel Plaintiff To Comply With Rule 7026 And Provide Initial Disclosures; And Request For Attorney's Fees, Costs And Sanctions
(Motion filed 6/23/2020)
[Tele. appr., Stephen W. Berger, repr., Kathy Lohr (Plaintiffs)] [Tele. appr., David B. Lally, repr., Eric and Julie Merrell (Debtor)]
Docket 20
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Plaintiff Kathy Lohr ("Plaintiff") filed a complaint for determination of dischargeability of debt against Chapter 7 debtors Eric Merrell and Julie Merrell ("Defendants") on February 3, 2020. Plaintiff is Julie Merrell’s mother. The complaint’s gravamen is that (1) Plaintiff provided $200,000 to Defendants to enable them to purchase residential real property located at 8655 Raintree, Whittier, California 90605 (the "Property") in exchange for Defendants’ promise to
9:00 AM
CONT...
Eric Daniel Merrell
Chapter 7
give Plaintiff a one-half interest in the Property and to permit her to occupy a so- called "mother in law unit" on the Property’s premises and to provide her with assistance with her daily living needs, (2) Defendants reneged on these promises, and (3) Defendants’ promises were false and fraudulent, thereby rendering Defendants’ alleged obligation to Plaintiff excepted from discharge under 11 U.S.C. § 523(a)(2)(A) and 11 U.S.C. § 523(a)(6). Defendants answered the complaint on February 25, 2020, substantially denying its material allegations.
Defendants served Rule 26 disclosures on Plaintiff on or about February 27, 2020. Plaintiff’s Rule 26 disclosures were not served on Defendants until about July 1, 2020.
On or about March 4, 2020, Defendants served a request for production of documents on Plaintiff (the "Document Request"). The Document Request makes 33 requests for document production over five pages (excluding the proof of service). 22 of the 33 requests ask the Plaintiff to produce "any and all documents evidencing and establishing your allegations in Paragraph [ ] of the Complaint" (referring to Complaint paragraphs 2, 4, 8-14, 16-27 and 29). Production was due within 30 days of the date of service, on or about April 3, 2020. Defendants then granted Plaintiff an extension of time to on or about May 5, 2020 to respond to the Document Request.
Plaintiff responded to the Document Request on or about April 30, 2020 (the "Response"). The Response did not provide even a single document to Defendants. The Response states that Plaintiff intends to produce documents responsive to the Document Request "at the earliest possible time after the coronavirus pandemic quarantines, closures, and restrictions are ended and/or lifted" and after Plaintiff and her attorney can meet personally and review the documents in Plaintiff’s possession or control that would be responsive.
Plaintiff alleges that she is legally blind and that her attorney, Stephen W. Berger,
9:00 AM
CONT...
Eric Daniel Merrell
Chapter 7
Esq., is working from home, lives with a spouse who "has several health co- morbidities and is vulnerable to the virus" and is going into the office once a week. Discovery Stipulation, Docket No. 19, filed June 23, 2020 at page 5 of 51 (the "Discovery Stipulation") (allegedly unsigned by Mr. Berger, but the Court would guess that Mr. Berger wrote the words quoted above).
The record shows an exchange of emails between Mr. Berger and David Lally, Esq., Defendants’ attorney, beginning around May 24, 2020 concerning the absence of document production by Plaintiff. Some of these emails are quite vitriolic. No documents seem to have been produced while this email exchange was in progress. On June 23, 2020, Defendants filed a motion to compel the production of documents referenced in the Document Request (the "Motion"). The Discovery Stipulation was filed the same day. Plaintiff filed an opposition (the "Opposition") on July 1, 2020 along with Rule 26 disclosures.
The Opposition argues that the Motion should be denied because (1) Local Bankruptcy Rule 7026-1 was violated because Defendants did not timely file the Discovery Stipulation, (2) the Motion is moot because Plaintiff produced 817 pages of documents on or about June 29, 2020 responsive to the Document Request, and
(3) Plaintiff’s tax returns are privileged.
Each party asks for an award of attorney’s fees and costs against the opposing party. Defendants request an award of sanctions in addition to attorney’s fees and costs.
The Court recognizes that the Covid-19 pandemic has made it difficult to conduct business as usual and, more to the point, has substantially increased the difficulties of complying with document production requests. However, the pandemic does not excuse Plaintiff’s failure to timely produce even a single document responsive to the
9:00 AM
CONT...
Eric Daniel Merrell
Chapter 7
Document Request. Plaintiff had almost two months to ferret out and deliver to Defendants at least a handful of the documents requested. Instead, Plaintiff refused to produce anything. Although Plaintiff can plausibly contend she should not be required to produce all the documents Defendants requested by the May 5 deadline, this does not excuse her failure to produce anything. A refusal to provide any documents leads the Court to wonder whether Plaintiff is showing good faith in the discovery process.
As of this writing the pandemic is still extant, and restrictions are still in effect. Business is most definitely not back to normal. (The Court takes judicial notice of these generally known matters pursuant to Federal Rule of Evidence 201(b)(1) and (c)(1)). Despite these conditions, Plaintiff managed to produce 817 pages of documents responsive to the Document Request, leading the Court to wonder why at least some of these documents could not have been produced in a timely fashion several months ago.
Plaintiff’s tax returns, filed under penalty of perjury, would clearly appear to be relevant. See Internal Revenue Code § 7872 (generally requiring a person who makes a gift loan [a loan with no stated interest or below-market interest] to pick up and report income in the form of original issue discount on such loan). However, the issue of privilege with respect to the tax returns is not sufficiently briefed so as to enable the Court to determine whether or not production of the tax returns should be compelled.
The Discovery Stipulation filed by Defendants, strictly speaking, is not a stipulation because it does not bear Mr. Berger’s signature. Technically speaking, it is not the type of stipulation envisioned by Local Bankruptcy Rule 7026-1. Nevertheless, it seems highly likely that Mr. Berger or someone acting under his direction wrote the portion of the Discovery Stipulation entitled "Plaintiff’s Introductory Statement." Based upon the rancor between attorneys for the parties, the Court determines that there has been substantial compliance with Local Bankruptcy Rule 7026-1 by
9:00 AM
CONT...
Eric Daniel Merrell
Chapter 7
Defendants and will waive the requirement of Mr. Berger’s signature on the Discovery Stipulation as a precondition to hearing and deciding the Motion. In the Court’s experience, disputes can occasionally be so acrimonious that parties are barely able to agree on anything. The Court sometimes sees this in connection with the requirement of a joint proposed pretrial order or stipulation.
The Motion contains a fair amount of material that is not, strictly speaking, germane to the Motion and instead relates to the general merits (or alleged lack thereof) of Plaintiff’s case. It is not appropriate to make the Plaintiff pay for this work by way of discovery sanctions. In regard to the email exchanges beginning around May 24, 2020, the Court recognizes that the parties were attempting to resolve matters consensually (certainly a good thing). As the emails became more vitriolic, however, it should have become apparent that the prospect of a consensual resolution was extremely remote. For these reasons, the Court declines to award sanctions in the full amount requested by Defendants.
The Court grants the Motion in part. Plaintiff shall fully comply with the Document Request on or before July 31, 2020 (taking into account documents already produced – double production is not required), except that at this point the Plaintiff’s tax returns are not required to be produced. Leave is granted to Defendants to file an additional brief on or before August 7, 2020 discussing statutes and case law regarding the alleged privilege relating to tax returns under California law. Plaintiff may file a responsive pleading on or before August 28, 2020. The Court will then set the matter for hearing.
Attorney’s fees and costs are awarded to Defendants pursuant to Federal Rule of Bankruptcy Procedure 7037 and Federal Rule of Civil Procedure 37(a)(5)(A) in the amount of $6,000.00. Plaintiff shall pay Defendants $6,000.00 in full in cash on or before August 14, 2020. The Court declines to impose sanctions against Plaintiff in addition to the foregoing award of attorney’s fees and costs.
9:00 AM
CONT...
Eric Daniel Merrell
Chapter 7
DEFENDANTS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Eric Daniel Merrell Represented By Heather J Canning
Defendant(s):
Eric Daniel Merrell Represented By David Brian Lally
Julie Mary Angeline Merrell Represented By David Brian Lally
Joint Debtor(s):
Julie Mary Angeline Merrell Represented By Heather J Canning
Movant(s):
Eric Daniel Merrell Represented By David Brian Lally
Julie Mary Angeline Merrell Represented By David Brian Lally
Plaintiff(s):
Kathy Lohr Represented By
Stephen W Berger
Trustee(s):
Karen S Naylor (TR) Represented By Nanette D Sanders
2:00 PM
8:15-15311
Freedom Communications, Inc.
Chapter 11
#1.00
Hearing RE: Approval Of Disclosure Statement For Joint Chapter 11 Plan Of Liquidation Proposed By Debtors And Official Committee Of Unsecured Creditors
(D.S. filed 6/4/2020) (OST Entered 6-9-2020)
[Tele. appr., Frank Cadigan, repr., Frank Cadigan, (U.S. Trustee)]
[Tele. appr., Jeffrey W. Dulberg, repr., Official Committee of Unsecured Creditors]
[Tele. appr., Alan J. Friedman, repr., Freedom Communications, Inc. (Debtor)]
[Tele. appr., Donny P. Le, repr., California Department of Tax and Fee Administration (Creditor)]
[Tele. appr., Michael Weiland, repr., Former Counsel To Debtor (Interested Party) - LISTEN ONLY]
Docket 1653
Tentative Ruling:
2:00 PM
CONT...
Freedom Communications, Inc.
Chapter 11
TELEPHONIC APPEARANCES REQUIRED.
The disclosure statement is severely deficient in terms of providing financial information relating to the amount of cash available for distribution on a plan effective date, accrued administrative expenses, proposed distributions under the plan to holders of administrative expense claims, proposed distributions to holders of secured and priority claims and then remaining waterfall distributions. If major claims are being disputed, one projection should show what happens in terms of the distribution waterfall if such claim objections are fully sustained and another showing results if such claim objections are fully overruled (e.g., objections to CDTFA administrative and priority claims). If the debtors hope to bring additional moneys into the estate through, for example, tax refund litigation, that should be discussed in the disclosure statement.
The Court overrules the CDTFA's objection as to liquidation analysis in view of the liquidation set forth in Debtors' reply to CDTFA objections but sustains the CDTFA's objection as to the need for greater visibility on the sources and uses of funds regarding payment of administrative and priority claims.
The Court will set a deadline for the filing and service of an amended disclosure statement.
Party Information
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...
Freedom Communications, Inc.
Jeffrey W Dulberg
Chapter 11
9:00 AM
6:17-17512
Douglas Craig Woodard
Chapter 7
#1.00
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 5/14/20)
Docket 130
*** VACATED *** REASON: Cont. to 8/13/20 @ 9:00 a.m. by order signed and entered on 7/14/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Douglas Craig Woodard Pro Se
Trustee(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
6:17-17512
Douglas Craig Woodard
Chapter 7
Adv#: 6:19-01075 Anderson v. Woodard et al
#2.00
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 5/14/20)
Docket 17
*** VACATED *** REASON: Cont. to 8/13/20 @ 9:00 a.m. by order signed and entered on 7/14/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
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
CONT...
Douglas Craig Woodard
Chapter 7
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
6:17-17512
Douglas Craig Woodard
Chapter 7
Adv#: 6:19-01075 Anderson v. Woodard et al
#3.00
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 5/14/20)
Docket 1
*** VACATED *** REASON: Cont. to 8/13/20 @ 9:00 a.m. by order signed and entered on 7/14/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
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
9:00 AM
CONT...
Trustee(s):
Douglas Craig Woodard
Melissa Davis Lowe
Chapter 7
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
6:18-12269
Christopher Allen Hageman
Chapter 7
Adv#: 6:18-01081 Escontrias v. Hageman et al
#4.00
Status Conference re Complaint to Object to Debtors Discharge and Determine NonDischargeability of Debt under Code Section 523 by Pilar Escontrias against Christopher Allen Hageman, Crystal Dee Hageman, Kai Hargis. fraud as fiduciary, embezzlement, larceny)),(41 (Objection / revocation of discharge - 727(c),(d),(e)
Docket 1
*** VACATED *** REASON: Order Granting Default Judgment entered on 6/10/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
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
CONT...
Trustee(s):
Christopher Allen Hageman
Chapter 7
Arturo Cisneros (TR) Pro Se
9:00 AM
8:16-14836
Magdalena Ku
Chapter 13
#1.00
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 4/30/2020)
[RE: 2626 S. Olive Street, Santa Ana, CA 92707-2213]
FR: 6-1-20; 6-8-20
Docket 71
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION - SETTLED BY STIPULATION - ADEQUATE PROTECTION STIPULATION [83] - (DOCKET NO. [85])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Magdalena Ku Represented By Christopher J Langley
Movant(s):
U.S. Bank National Association as Represented By
Ashish R Rawat Diane Weifenbach
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:18-14203
Pacific Foods & Distribution, Inc.
Chapter 7
#2.00
Motion for relief from stay [Action In Non-Bankruptcy Forum]
Tiffany Haile vs. DEBTOR (Motion filed 6/17/2020)
[RE: Case Name: Tiffany Haile v. Oscar Garcia Gonzalez, et al.] [Docket Number: 19STCV45741]
[Pending In: Superior Court Of California, County Of Los Angeles - Stanley Mosk Courthouse]
Docket 123
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed in the non-bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. Movant shall not enforce its final judgment against the debtor or property of the estate, except by filing a proof of claim in this bankruptcy case pursuant to 11 U.S.C.
§ 501 and/or a complaint to determine the nondischargeability of the debt.
Cause exists for relief under 11 U.S.C. § 362(d)(1) because the claims at issue arise under non-bankruptcy law and can be most expeditiously resolved in the non- bankruptcy forum.
9:00 AM
CONT...
Pacific Foods & Distribution, Inc.
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Pacific Foods & Distribution, Inc. Represented By
Edmond Richard McGuire
Movant(s):
Thomas Michael Willford Represented By Thomas M Willford
Trustee(s):
Jeffrey I Golden (TR) Represented By Thomas H Casey
9:00 AM
8:20-11712
Jonathan Eric Balogh and Lorraine Christa Balogh
Chapter 7
#3.00
Motion for relief from stay [Personal Property]
TD Auto Finance LLC vs. DEBTORS (Motion filed 6/22/2020)
[RE: 2019 Hyundai Tuscon - VIN No.: KM8J23A44KU030319]
Docket 10
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
Party Information
9:00 AM
CONT...
Debtor(s):
Jonathan Eric Balogh and Lorraine Christa Balogh
Chapter 7
Jonathan Eric Balogh Represented By Bert Briones
Joint Debtor(s):
Lorraine Christa Balogh Represented By Bert Briones
Movant(s):
TD Auto Finance LLC Represented By Sheryl K Ith
Trustee(s):
Jeffrey I Golden (TR) Pro Se
2:00 PM
8:19-12127
Richard J. Kelly and Mary J. Kelly
Chapter 7
#1.00
CONT'D Hearing RE: Objection To Debtors' Claims Of Exemption (Motion filed 12/13/19)
FR: 1-27-20; 4-20-20
[Tele. appr., Brett H. Ramsaur, repr., Stackpole]
[Tele. appr., Faye C. Rasch, repr., Jeffrey I. Golden, Trustee]
Docket 33
*** VACATED *** REASON: CONTINUED TO NOVEMBER 30, AT 2:00
P.M. PER ORDER APPROVING STIPULATION TO FURTHER CONTINUE HEARING ON OBJECTION TO DEBTORS' CLAIMS OF EXEMPTION ENTERED 7-17-2020 - (DOCKET NO. [66])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Richard J. Kelly Represented By
J Scott Williams
Joint Debtor(s):
Mary J. Kelly Represented By
J Scott Williams
Trustee(s):
Jeffrey I Golden (TR) Represented By Faye C Rasch
2:00 PM
8:19-12127
Richard J. Kelly and Mary J. Kelly
Chapter 7
#2.00
Hearing RE: Ojection To Debtor's Claims Of Exemption On Amended Schedules
(Motion filed 6/19/2020)
[Tele. appr., Brett H. Ramsaur, repr., Stackpole]
[Tele. appr., Faye C. Rasch, repr., Jeffrey I. Golden, Trustee]
Docket 59
*** VACATED *** REASON: CONTINUED TO NOVEMBER 30, AT 2:00
P.M. PER ORDER APPROVING STIPULATION TO FURTHER CONTINUE HEARING ON OBJECTION TO DEBTORS' CLAIMS OF EXEMPTION ENTERED 7-17-2020 - (DOCKET NO. [66])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Richard J. Kelly Represented By
J Scott Williams
Joint Debtor(s):
Mary J. Kelly Represented By
J Scott Williams
Trustee(s):
Jeffrey I Golden (TR) Represented By Faye C Rasch
9:00 AM
6:20-12696
Mercedes Danielle Newell
Chapter 7
#1.00
Marjorie Johnson - movant attorney Motion for Relief from Stay
M&N Financing Corporation vs. DEBTOR (Motion filed 6/17/20)
Re: 2013 Dodge Journey .
Docket 11
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
The order is binding and effective despite conversion of this bankruptcy case to a case
9:00 AM
CONT...
Mercedes Danielle Newell
Chapter 7
under any other chapter of Title 11 of the U.S. Code. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Mercedes Danielle Newell Represented By Neil R Hedtke
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
6:20-12945
Araceli Garcia
Chapter 7
#2.00
Padgett Law Group - movant attorney Motion for Relief from Stay
New Rez LLC vs. DEBTOR (Motion filed 6/19/20)
Re: 1997 Fleetwood, Springh Hill Mobile Home
Docket 11
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Araceli Garcia
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Araceli Garcia Pro Se
Trustee(s):
Karl T Anderson (TR) Pro Se
9:00 AM
6:20-13728
Pro 356 LLC
Chapter 7
#3.00
Hemar, Rousso & Heald, LLP - movant attorney Motion for Relief from Stay
Citizens Business Bank vs. DEBTOR (Motion filed 6/30/20)
Re: Debtor's Inventory, Chattel Paper, Accounts, Equipment, Instruments and General Intangibles, and all proceeds thereof, including all such property listed on Debtor's Schedule A/B filed in this bankruptcy case with Exhibit 1 - 7.
Docket 11
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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
CONT...
Pro 356 LLC
Chapter 7
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to 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.
Party Information
Debtor(s):
Pro 356 LLC Represented By
John P O'Connell
Trustee(s):
Charles W Daff (TR) Pro Se
2:00 PM
6:17-18961
Joseph Edward Putney and Julie Anna Putney
Chapter 7
#1.00
Hrg. on Order to Show Cause Re: Ming Cong Dang
(Cont. from 4/21/20)
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court would not appear to have jurisdiction over this particular matter as long as the appeal to the District Court is pending.
The Court will continue this hearing to February 9, 2021 at 2:00 p.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Joseph Edward Putney Represented By Jenny L Doling
2:00 PM
CONT...
Joseph Edward Putney and Julie Anna Putney
Summer M Shaw
Chapter 7
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
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
#2.00
Hrg. on Debtor's Motion filed 1/6/20 omnibus objection to claims 7, 8, 9 & 10
(Cont. from 2/11/20)
Docket 432
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the Claim Objection hearings to December 8, 2020 at 2:00
p.m. to permit mediation to go forward.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Terry Lee Fleming Sr Represented By James E Till
2:00 PM
6:19-15266
Michael A. Madrid
Chapter 7
#3.00
Hrg. on Application to Employ Hahn Fife & Company, LLP as Accountants
(Objection to Application with hearing date filed on 6/24/20)
Docket 96
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant application. The Debtor's objection to the application on grounds of needless expense is overruled. When a chapter 7 trustee is investigating the possibility of selling estate property, an analysis of the tax consequences of the sale is usually warranted.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Michael A. Madrid Represented By
Benjamin A Yrungaray
Trustee(s):
Todd A. Frealy (TR) Represented By
2:00 PM
CONT...
Michael A. Madrid
Carmela Pagay
Chapter 7
2:00 PM
6:19-20577
Diana Y. Perez
Chapter 7
#4.00
Hrg. on trustee's final report; applications for compensation
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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 $1,175.00 and expenses in the amount of $121.90.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
2:00 PM
CONT...
Debtor(s):
Diana Y. Perez
Party Information
Chapter 7
Diana Y. Perez Represented By Marcus Gomez
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
6:20-13039
Leroy Andre Ford, Jr. and Shannon Marie Ford
Chapter 7
#5.00
Hrg. on Debtors' Motion filed 6/23/20 to Redeem Property of the Estate
Docket 15
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Leroy Andre Ford Jr. Represented By
Rabin J Pournazarian
Joint Debtor(s):
Shannon Marie Ford Represented By
Rabin J Pournazarian
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
6:20-13039
Leroy Andre Ford, Jr. and Shannon Marie Ford
Chapter 7
#6.00
Hrg. on Debtors' Motion filed 6/23/20 to compel trustee to abandon interest in property of estate to allow Debtors to Redeem tangible personal property
Docket 16
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Leroy Andre Ford Jr. Represented By
Rabin J Pournazarian
Joint Debtor(s):
Shannon Marie Ford Represented By
Rabin J Pournazarian
Trustee(s):
Larry D Simons (TR) Pro Se
2:00 PM
6:20-13728
Pro 356 LLC
Chapter 7
#7.00
Hrg. on Trustee's Notice of Proposed Abandonment of Property of the Estate filed 6/11/20
(Objection filed 6/29/20)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant Motion and order Trustee to pay $13,181.22 to Citizen's Business Bank and to abandon all other personal property as described in the Notice of Intent to Abandon.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Pro 356 LLC Represented By
John P O'Connell
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
8:19-11218
US Direct LLC
Chapter 7
Adv#: 8:20-01067 Golden v. Capital One Bank (USA), N.A.
#1.00
STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Voidable Transfers
(Complaint filed 4/30/2020)
Docket 1
*** VACATED *** REASON: CONTINUED TO AUGUST 12, 2020 AT 9:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE ENTERED 7-13-2020 - (DOCKET NO. [10])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
US Direct LLC Pro Se
Defendant(s):
Capital One Bank (USA), N.A. Represented By Jared D Bissell
Plaintiff(s):
Jeffrey I. Golden Represented By Roye Zur
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
9:00 AM
8:19-11218
US Direct LLC
Chapter 7
Adv#: 8:20-01083 Golden v. Jafrey
#2.00
Hearing RE: Plaintiff's Motion For Default Judgment Under LBR 7055-1 (Motion filed 7/1/2020)
Docket 11
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
CHAPTER 7 TRUSTEE TO LODGE (1) ORDER GRANTING MOTION FOR ENTRY OF DEFAULT JUDGMENT, AND (2) FORM OF DEFAULT JUDGMENT VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
US Direct LLC Pro Se
Defendant(s):
Abdullah Jafrey Pro Se
Plaintiff(s):
Jeffrey I. Golden Represented By
9:00 AM
CONT...
Trustee(s):
US Direct LLC
Roye Zur
Chapter 7
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
9:00 AM
8:19-14389
Tam Minh Truong
Chapter 7
Adv#: 8:20-01014 Tran v. Truong
#3.00
Hearing RE: Motion To Dismiss Complaint To Determine Dischargeability Pursuant To 11 U.S.C. Sections 523(a)(2)(A), (a)(6)
(Motion filed 6/18/2020)
Docket 9
*** VACATED *** REASON: OFF CALENDAR - ORDER APPROVING STIPULATION TO DISMISS ADVERSARY PROCEEDING, WITH PREJUDICE ENTERED 7-13-2020 (DOCKET NO. [12] )
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Tam Minh Truong Represented By Halli B Heston
Defendant(s):
Tam Truong Represented By
Benjamin R Heston
Movant(s):
Tam Truong Represented By
Benjamin R Heston
Plaintiff(s):
John Tran Represented By
Long Andre Lam
Trustee(s):
Richard A Marshack (TR) Pro Se
2:00 PM
8:20-11511
Victoria E. Robson
Chapter 13
#1.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 30
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Victoria E. Robson Represented By Peter Recchia
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-11473
Kelsey Marie Wilcox
Chapter 13
#2.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Kelsey Marie Wilcox Represented By
Misty A Perry Isaacson
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-10412
Cynthia Bray Dimel
Chapter 13
#3.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: renoticed from 4-22-20; 6-3-20
Docket 31
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Cynthia Bray Dimel Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-10058
Joy Omoderi Amagboruju Miles
Chapter 11
#4.00
CONT'D Hearing RE: Debtor-In-Possession's Motion To Confirm Chapter 11 Plan Of Reorganization
(Motion filed 9/30/19) (D.S. filed 9/30/19)
(First Amended D.S. filed 12/20/19) (Set at D.S. held 1/29/20)
(Motion filed 3/13/2020)
FR: 11-13-19; 1-29-20; 4-15-20; 6-29-20; 6-29-20
Docket 76
*** VACATED *** REASON: CONTINUED TO AUGUST 5, 2020 AT 2:00
P.M. PER ORDER CONTINUING PLAN CONFIRMATION HEARING ENTERED 7-7-2020 - (DOCKET NO. [107] )
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
Movant(s):
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
2:00 PM
8:19-10058
Joy Omoderi Amagboruju Miles
Chapter 11
#5.00
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; 10-30-19; 2-19-20; 4-15-20; 5-6-20; 6-29-20
Docket 7
*** VACATED *** REASON: CONTINUED TO AUGUST 5, 2020 AT 2:00
P.M. PER ORDER CONTINUING STATUS CONFERENCE ENTERED 7-7
-2020 - (DOCKET NO. [108])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
3:00 PM
8:15-14213
John Edward Kikuchi
Chapter 13
#1.00
Hearing RE: Trustee's Verified Motion For Order Dismissing Chapter 13 Proceeding
[11 U.S.C. Section 1307(c)(6)]
(Motion filed 5/22/2020)
Docket 55
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant the motion and dismiss the case.
CHAPTER 13 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
John Edward Kikuchi Represented By William R Cumming
Movant(s):
Amrane (SA) Cohen (TR) Pro Se
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
3:00 PM
CONT...
John Edward Kikuchi
Chapter 13
3:00 PM
8:20-10598
Jose Pedro Bautista and Silvia Ruth Bautista
Chapter 7
#2.00
Hearing RE: Amended Motion For Order Authorizing Withdrawal Of Counsel,
Charles W. Daff, As Attorney For Debtors (Motion filed 6/3/2020)
(Amended Motion filed 6/4/2020)
Docket 46
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion.
MR. DAFF TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Jose Pedro Bautista Represented By Charles W Daff
Joint Debtor(s):
Silvia Ruth Bautista Represented By Charles W Daff
3:00 PM
CONT...
Movant(s):
Jose Pedro Bautista and Silvia Ruth Bautista
Chapter 7
CHARLES W DAFF Represented By Charles W Daff
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
6:14-18824
Maria Elena Rodriguez
Chapter 7
Adv#: 6:19-01047 Ford Walker Haggerty & Behar, LLP et al v. Simons
#1.00
Hrg. on Plaintiffs' Motion In Limine to Strike Defendant's Expert Designation
Docket 68
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will rule upon Defendant’s Evidentiary Objections to Declaration of Jon D. Robinson.
Elba Jimenez ("Jimenez"), driving a 2005 Toyota Camry owned by Maria Rodriguez ("Debtor"), crashed the vehicle, killing Claudia Fernandez. (Plaintiff alleges the Camry was "co-owned" by Jimenez. If co-ownership has a bearing on a negligent entrustment cause of action, the parties should explain the significance of this, if any, to the Court. It is unclear to the Court how the doctrine of negligent entrustment comes into play if Jimenez was driving a vehicle partially owned by him and if Debtor had no legal right to prevent Jimenez from doing so).
Rachel Fernandez, for herself and as guardian ad litem for Claudia Fernandez’s three children, brought an action against Jimenez and Debtor in Los Angeles County Superior Court (the "State Court Action"). Ford Walker Haggerty & Behar, plaintiff
9:00 AM
CONT...
Maria Elena Rodriguez
Chapter 7
herein ("Plaintiff"), defended both Jimenez and Debtor in the State Court Action. Allegedly, Plaintiff failed to take appropriate action with respect to a serious conflict of interest in representing both Jimenez and Debtor. Specifically, it has been alleged that Debtor was far less culpable than the intoxicated Jimenez and that Plaintiff should have taken steps to minimize Debtor’s potential exposure, such as raising defenses of comparative fault or severance of causation.
The State Court Action culminated in a $50 million-plus judgment entered on September 6, 2016 for which Debtor is jointly and severally liable with Jimenez.
While the State Court Action was pending, Debtor filed a voluntary chapter 7 petition on July 9, 2014. Larry D. Simons was appointed Chapter 7 Trustee (the "Trustee"). Debtor received a discharge on October 20, 2014.
Debtor’s chapter 7 case was reopened on January 29, 2018 upon the Trustee’s motion. The Trustee contends that the Debtor’s bankruptcy estate has a cause of action for malpractice against Plaintiff arising out of the alleged conflict of interest described above.
Plaintiff filed a complaint against the Trustee on March 6, 2019 (the "Complaint"), commencing this adversary proceeding. The Complaint seeks a declaratory judgment that any cause of action for malpractice relating to this matter first accrued after Debtor filed her chapter 7 petition on July 9, 2014 and therefore is Debtor’s property, not property of her bankruptcy estate under 11 U.S.C. § 541. The Complaint does not seek any determination by this Court as to whether Plaintiff committed or did not commit legal malpractice.
The Trustee engaged the services of David B. Parker, Esq. as an expert witness in the field of legal malpractice. Mr. Parker prepared an expert report extensively discussing topics of the Rules of Professional Liability as they relate to conflicts of interest where there is a joint representation of defendants, potential conflicts, actual conflicts, waivable conflicts and ethical breaches. Mr. Parker concludes that
9:00 AM
CONT...
Maria Elena Rodriguez
Chapter 7
Plaintiff had a serious, nonwaivable, actual conflict of interest in representing both Jimenez and Debtor in the State Court Action. As to the all-important question of when a cause of action for legal malpractice based upon conflict of interest accrued, Mr. Parker states: " . . . the harm was done to Rodriguez when the answer was filed without appropriate defenses on her behalf. Thereafter, the answer could not be amended or other mitigation steps could not be taken without Ford Walker committing yet another ethic violation, this time acting against Jimenez. In essence, the die was cast with the filing of the answer and from that point forward it was inevitable that Rodriguez would share the same fate at trial as the drunk driver whose criminal acts put her in prison for 20 years."
This Court, in its previous Memorandum Decision and Order filed and entered December 16, 2019, expressed its view that a cause of action for legal malpractice accrues under California law when injury to a client first becomes inevitable or at least strongly probable because of an attorney’s actions (citing Callahan v. Gibson, Dunn & Crutcher, 194 Cal. App. 4th 557 (2d Dis. 2011)).
Plaintiff moves the Court (the "Motion") to strike Mr. Parker’s expert designation on the ground that (1) much of his report addresses an issue not relevant in this adversary proceeding, namely, whether Plaintiff actually had an actual, nonwaivable conflict in jointly representing Debtor and Jimenez, and (2) the portion of the report addressing the point in time when a cause of action for legal malpractice accrued -- the filing of the answer, in Mr. Parker’s opinion – invades the province of this Court. Other grounds as well are raised for striking Mr. Parker’s expert designation.
Generally speaking, the Court is disinclined to grant this type of motion. An expert’s report may be foolish or brilliant, self-contradictory or internally consistent, but this is usually not a ground for preventing the expert from testifying (except to the
9:00 AM
CONT...
Maria Elena Rodriguez
Chapter 7
extent Daubert applies). The Court will disregard or give little weight to an expert’s report or testimony to the extent it is irrelevant, poorly-reasoned or invades the province of the Court. Plaintiff’s arguments here go to the weight of Mr. Parker’s report, not its admissibility.
Because this Court will not be determining the merit or lack of merit of a legal malpractice cause of action against Plaintiff, much of Mr. Parker’s report – the portion seeking to establish that Plaintiff had an actual, nonwaivable conflict of interest – would appear on its face to be wholly irrelevant in this adversary proceeding. However, it remains possible that (hypothetically speaking) a California Superior Court, in deciding whether to permit Debtor to amend her answer to assert comparative fault, would in some fashion take into account the alleged seriousness of the ethical breach if this were disclosed to the Superior Court in connection with a motion for leave to amend the answer. Perhaps the more serious the breach, the more likely a Superior Court would grant a motion for leave to amend. Or perhaps the reverse. (Of course, the Court expresses no view at this point in the case as to whether a California Superior Court would actually take this into account or, if it did take it into account, how it would do so). For this limited purpose, this portion of Mr. Parker’s expert report can stand.
The portion of the report stating Mr. Parker’s conclusion that "the die was cast with the filing of the answer" is conclusory in nature, cites no authority and is supported only by Mr. Parker’s observation that curing the ethical breach in favor of Debtor would create a new ethical breach against Jimenez. It would be strange indeed if it were the law that an attorney can never extricate himself or herself from a breach of conflict situation without creating another ethical breach – but the Court remains open to the argument that this is the case in California. Additionally, Mr. Parker does not address whether, after filing the answer, Plaintiff could have sought Superior Court permission to withdraw from the case entirely (thus representing neither Debtor nor Jimenez) without creating an ethical breach. In summary, the
9:00 AM
CONT...
Maria Elena Rodriguez
Chapter 7
Court will allow the conclusion to be expressed and will permit the Plaintiff to argue the weight the Court should give such conclusion.
For the foregoing reasons, the Motion is denied.
Additional Guidance to the Parties
Plaintiff asserts that it made a tactical decision "within a few months before trial" to refrain from making comparative fault arguments (as between Debtor and Jimenez) in favor of bolstering Debtor’s argument that she did not act negligently in entrusting the Camry to Jimenez. By getting the state court to exclude inflammatory evidence that Debtor had been riding with Jimenez when Jimenez was pulled over for DUI, Plaintiff contends, Plaintiff was able to strengthen Debtor’s argument on the absence of negligent entrustment. By implication, this is also an argument that the conflict of interest really didn’t matter – that an attorney representing only Debtor and not Jimenez in the state court action would have done the same thing Plaintiff did.
If Plaintiff’s answers to interrogatories are accepted at face value (i.e., not disputed by the Trustee), it would seem to the Court that the strength or weakness of the absence-of-negligent-entrustment argument becomes an important issue in this adversary proceeding. If the argument were strong but the state court jury just didn’t agree with it (even though, by objective standards, the jury should have agreed with it), this would tend to show injury to Debtor was not inevitable or strongly probable until the jury actually rendered its verdict. On the other hand, if the absence-of-negligent-entrustment argument (even with the exclusion of the inflammatory evidence) was always weak, the Trustee might be able to push the accrual of the legal malpractice cause of action back to a point earlier in time than the verdict. To get all the way back to the filing of the answer, however, the Trustee would have to show that the answer actually filed did not allow for a comparative
9:00 AM
CONT...
Maria Elena Rodriguez
Chapter 7
negligence defense (a point strongly disputed by Plaintiff) and the state court would not have permitted an amendment of the answer to assert comparative negligence or the introduction of evidence at trial to prove up comparative negligence.
Further, it would seem to the Court that a comparative negligence defense is closely aligned with an absence-of-negligent-entrustment defense in the sense that facts bolstering (or weakening) one defense would tend to bolster (or weaken) the other defense. If a mother allows her teenage son the use of the family automobile knowing that the son has been in and out of alcohol rehab three times and has just consumed three-quarters of a bottle of bourbon within the last hour, and the son crashes the vehicle and kills someone, each of these defenses would be weakened by those facts. A reasonable jury might well conclude that "none of this would have happened if the mother had just kept the car keys in her pocket" and hold mother and son jointly and severally liable even in the face of a comparative negligence defense.
A non-conflicted attorney representing Debtor would have argued that (1) Debtor did not negligently entrust the vehicle to Jimenez, (2) Jimenez’s actions were truly heinous and atrocious, and (3) in the event the jury was inclined to find negligent entrustment, the jury should apply the comparative negligence doctrine in favor of Debtor. Here, Plaintiff seems to have argued (1) but not (2) or (3). As to (2), it may be questioned whether Plaintiff ever would have been able to present more damning evidence against Jimenez than Rachel Fernandez presented. Thus, the effect of the conflict of interest would seem to center around (3).
Party Information
Debtor(s):
Maria Elena Rodriguez Represented By
Michael H Colmenares John P Kreis
Defendant(s):
9:00 AM
CONT...
Maria Elena Rodriguez
Chapter 7
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
6:17-19513
Terry Lee Fleming, Sr
Chapter 11
Adv#: 6:19-01108 Fleming Sr v. Fleming Jr et al
#2.00
PRE-TRIAL 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
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Continue to December 10, 2020 at 9:00 a.m. to permit mediation to continue and conclude.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Terry Lee Fleming, Sr
Chapter 11
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 Martin A Eliopulos
J Victor Construction, Inc. Pro Se
Plaintiff(s):
Terry Lee Fleming Sr Represented By James E Till
9:00 AM
6:18-17439
Robert Mansour Hamzey, Jr.
Chapter 7
Adv#: 6:19-01029 Express Cash Flow, LLC v. Hamzey, Jr. et al
#3.00
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
*** VACATED *** REASON: Judgment entered 10/17/19 - jc Tentative Ruling:
- NONE LISTED -
Party Information
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):
Express Cash Flow, LLC Represented By
R Gibson Pagter Jr.
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
6:18-18731
Scott Shih Lee
Chapter 7
Adv#: 6:19-01099 Whitmore v. 3XM Development, LLC, a Nevada Limited Liability C
#4.00
PRE-TRIAL CONFERENCE re: Complaint by Robert S. Whitmore against 3XM Development, LLC, a Nevada Limited Liability Company, Lance Richard Hall
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the pretrial conference to December 15, 2020 at 2:00 p.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Scott Shih Lee Represented By Ronald D Halpern
Defendant(s):
3XM Development, LLC, a Nevada Represented By
J Robert Mullen
Lance Richard Hall Represented By
J Robert Mullen
9:00 AM
CONT...
Scott Shih Lee
Chapter 7
Plaintiff(s):
Robert S. Whitmore Represented By Tinho Mang
Trustee(s):
Robert Whitmore (TR) Represented By
D Edward Hays Tinho Mang Ronald D Halpern
9:00 AM
6:18-20687
Jack E. Commeford
Chapter 7
Adv#: 6:20-01050 Anderson v. Trujillo
#5.00
STATUS CONFERENCE re: Complaint by Karl T. Anderson against Ernest Trujillo. (Charge To Estate). ($350.00) Complaint for Approval of The Sale of Co-Owned Real Property Pursuant to § 363(h) Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h)))
Docket 1
*** VACATED *** REASON: Cont. to 8/20/20 @ 9:00 a.m. - jc Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Jack E. Commeford Represented By Keith Q Nguyen
Defendant(s):
Ernest Trujillo Pro Se
Plaintiff(s):
Karl T. Anderson Represented By Robert P Goe
Trustee(s):
Karl T Anderson (TR) Represented By Robert P Goe
9:00 AM
6:20-11555
Laurie Lynn Bilderback
Chapter 7
Adv#: 6:20-01100 Williams v. Bilderback et al
#6.00
STATUS CONFERENCE Hearing re: Pre-Petition Lawsuit pending in Los Angeles Superior Court
(Notice of Removal filed 5/26/20)
RE: Los Angeles Superior Court - North District. Case no: LASC 20AVCV0057
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Based upon the Parties' request 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 prior to August 31, 2020.
The Court continues the status conference to January 21, 2021 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Laurie Lynn Bilderback Represented By Thomas M Bundy
9:00 AM
CONT...
Laurie Lynn Bilderback
Chapter 7
Defendant(s):
Laurie Lynn Bilderback Represented By Thomas M Bundy
Todd A Frealy Represented By
Richard P Steelman Jr
Plaintiff(s):
Perry Williams Pro Se
Trustee(s):
Todd A. Frealy (TR) Represented By
Richard P Steelman Jr
9:00 AM
6:20-11555
Laurie Lynn Bilderback
Chapter 7
Adv#: 6:20-01101 Frealy et al v. Williams et al
#7.00
STATUS CONFERENCE Hearing re: Pre-Petition Lawsuit pending in Los Angeles Superior Court
(Notice of Removal filed 5/26/20)
RE: Los Angeles Superior Court - North District. Case no: LASC 19AVCV00850
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Based upon the Parties' request for mediation, the Court will order this adversary procedure into mediation. The Parties shall file a mediation stipulation and lodge an order thereon on or before August 31, 2020.
Next status conference: January 28, 2021 at 9:00 a.m. An updated status report is due January 14, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Laurie Lynn Bilderback Represented By
9:00 AM
CONT...
Laurie Lynn Bilderback
Thomas M Bundy
Chapter 7
Defendant(s):
Perry Williams Pro Se
Blaine Williams Pro Se
Plaintiff(s):
Todd A Frealy Represented By
Richard P Steelman Jr
Laurie Lynn Bilderback Represented By Thomas M Bundy
Trustee(s):
Todd A. Frealy (TR) Represented By
Richard P Steelman Jr
9:00 AM
6:20-14663
PAL Distribution Inc
Chapter 11
#8.00
Hrg. on Debtor's motion for Order (1) Authorizing Debtor to Pay Prepetition Wages, Salaries, Deductions, Workers' Compensation and Similar Benefits; and
(2) Authorizing and Directing Applicable Banks and Other Financial Institutions to Receive, Process, Honor and Pay Checks Presented for Payment and to Honor Funds Transfer Requests Relating to the Foregoing
(OST signed and entered on 7/20/20)
Docket 15
Tentative Ruling:
APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
PAL Distribution Inc Represented By
M. Jonathan Hayes
Trustee(s):
Caroline Renee Djang (TR) Pro Se
10:00 AM
6:20-11976
Fidel C Maldonado and Elsa Gabriela Maldonado
Chapter 7
#1.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and Exeter Finance LLC, in the amount of $16,151.06
Re: 2013 Cadillac CTS
Docket 17
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Fidel C Maldonado Pro Se
Joint Debtor(s):
Elsa Gabriela Maldonado Pro Se
Trustee(s):
Arturo Cisneros (TR) Pro Se
10:00 AM
CONT...
Fidel C Maldonado and Elsa Gabriela Maldonado
Chapter 7
10:00 AM
6:20-12343
Denzelee Adams and Rosa Perla Adams
Chapter 7
#2.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $25,208.91
Re: 2018 Toyota RAV4
Docket 13
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Denzelee Adams Represented By Marlin Branstetter
Joint Debtor(s):
Rosa Perla Adams Represented By Marlin Branstetter
10:00 AM
CONT...
Trustee(s):
Denzelee Adams and Rosa Perla Adams
Chapter 7
Steven M Speier (TR) Pro Se
10:00 AM
6:20-12632
Lisamarie Monugian
Chapter 7
#3.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and Altura Credit Union, in the amount of $22,759.01
Re: 2016 Sun Tracker Party Barge
Docket 11
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Lisamarie Monugian Represented By
James D. Hornbuckle
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
6:20-12632
Lisamarie Monugian
Chapter 7
#4.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and OneMain, in the amount of $14,454.57
Re: 2003 Ford F-150
Docket 13
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Lisamarie Monugian Represented By
James D. Hornbuckle
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
6:20-13111
Raul Vallecillo Valadez
Chapter 7
#5.00
Hrg. on approval of Reaffirmation Agreement filed 6/11/20 Between Debtor and Toyota Motor Credit Corporation, in the amount of $37,721.78
Re: 2020 Toyota Corolla
Docket 10
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Raul Vallecillo Valadez Represented By Marlin Branstetter
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
6:20-13556
Agaiotupu I Pouesi
Chapter 7
#6.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc., in the amount of $7,048.58
Re: 2013 Toyota Camry
Docket 11
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Agaiotupu I Pouesi Pro Se
Trustee(s):
Steven M Speier (TR) Pro Se
10:00 AM
6:20-13899
Walter A Pineda
Chapter 7
#7.00
Hrg. on approval Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation, in the amount of $23,299.03
Re: 2020 Toyota Corolla
Docket 8
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Walter A Pineda Represented By Daniel King
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
8:19-14766
Daniel Steven Tetter
Chapter 13
#1.00
Motion for relief from stay [Real Property]
U.S. Bank National Association vs. DEBTOR (Motion filed 7/10/2020)
[RE: 11051 Ticonderoga Drive, Los Alamitos, California 90720-2650]
Docket 35
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
Party Information
9:00 AM
CONT...
Debtor(s):
Daniel Steven Tetter
Chapter 13
Daniel Steven Tetter Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
6:20-13728
Pro 356 LLC
Chapter 7
#1.00
Law Office of Lazaro E. Fernandez, Inc. - movant attorney Motion for Relief from Stay
CGD Properties, LLC vs. DEBTOR (Motion filed 7/13/20)
Re: 3470 Webster Avenue, Perris, CA 92571
(Tele. appr. Christopher D. Crowell, rep. creditor, Citizens Business Bank)
Docket 19
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Pro 356 LLC
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Pro 356 LLC Represented By
John P O'Connell
Movant(s):
CGD Properties, LLC Represented By Lazaro E Fernandez
Trustee(s):
Charles W Daff (TR) Pro Se
9:00 AM
6:20-14069
Danita Alicia Patterson
Chapter 7
#2.00
Marjorie M. Johnson - movant attorney Motion for Relief from Stay
Exeter Finance, LLC vs. DEBTOR (Motion filed 7/8/20)
Re: 2015 Kia Optima LX Sedan 4D
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Danita Alicia Patterson
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Danita Alicia Patterson Represented By William Radcliffe
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
6:19-20880
Christian Miguel Fernandez and Elka Elizabeth Fernandez
Chapter 7
#1.00
Hrg. on chapter 7 Trustee's Motion for Order: (1) Authorizing the Short Sale of Real Property of the Estate Free and Clear of Liens Pursuant to Bankruptcy Code §§ 363(b) and 363(f); (2) Approving Payment of Real Estate Commission and Other Costs; and (3) Granting Related Relief
(Tele. appr. Lynda T. Bui, Ch 7 Trustee)
Docket 34
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Christian Miguel Fernandez Represented By Aaron Lloyd
Joint Debtor(s):
Elka Elizabeth Fernandez Represented By Aaron Lloyd
2:00 PM
CONT...
Trustee(s):
Christian Miguel Fernandez and Elka Elizabeth Fernandez
Chapter 7
Lynda T. Bui (TR) Pro Se
Tuesday, August 4, 2020 Hearing Room 6C
2:00 PM
8:20-11858
Rebecca Justice Garcia
Chapter 13
#2.00
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 7/6/2020)
[Case transferred from CB on 7/31/2020]
FR: 7-21-20
[Tele. appr., Benjamin R. Heston, repr., Rebecca Justice Garcia]
Docket 13
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
Rebecca Justice Garcia Represented By Benjamin R Heston
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-10891
Rebecca Justice Garcia
Chapter 7
#1.00
CONT'D Motion for relief from stay [Real Property]
Deutsche Bank National Trust Company As Trustee For IndyMac Indx Mortgage Loan Trust 2007-AR5, Mortgage Pass-Through Certificates Series 2007-AR5 v. DEBTOR
(Motion filed 7/2/2020)
[Case transferred from CB on 7/31/2020]
[RE: 28231 Somerset, Mission Viejo, CA 92692]
FR: 8-4-20
Docket 36
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Rebecca Justice Garcia Represented By Benjamin R Heston
Trustee(s):
Karen S Naylor (TR) Pro Se
2:00 PM
8:19-10058
Joy Omoderi Amagboruju Miles
Chapter 11
#1.00
CONT'D Hearing RE: Debtor-In-Possession's Motion To Confirm Chapter 11 Plan Of Reorganization
(Motion filed 9/30/19) (D.S. filed 9/30/19)
(First Amended D.S. filed 12/20/19) (Set at D.S. held 1/29/20)
(Motion filed 3/13/2020)
FR: 11-13-19; 1-29-20; 4-15-20; 6-29-20; 6-29-20; 7-22-20
Docket 76
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to confirm the plan of reorganization.
DEBTOR TO LODGE (1) ORDER CONFIRMING PLAN, AND (2) FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORTING PLAN CONFIRMATION VIA LOU WITHIN 7 DAYS.
Party Information
2:00 PM
CONT...
Debtor(s):
Joy Omoderi Amagboruju Miles
Chapter 11
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
Movant(s):
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
2:00 PM
8:19-10058
Joy Omoderi Amagboruju Miles
Chapter 11
#2.00
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; 10-30-19; 2-19-20; 4-15-20; 5-6-20; 6-29-20;
7-22-20
Docket 7
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
Next status conference: January 27, 2021 at 9:00 a.m. An updated status report is due January 15, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
2:00 PM
CONT...
Joy Omoderi Amagboruju Miles
Chapter 11
2:00 PM
8:19-10058
Joy Omoderi Amagboruju Miles
Chapter 11
#3.00
Hearing RE: Motion (1) For Non-Materal Modifications To Debtor's Chapter 11 Plan; (2) To Confirm Debtor's Plan As Modified
(Motion filed 7/10/2020)
Docket 114
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the Motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Joy Omoderi Amagboruju Miles Represented By
Onyinye N Anyama
9:00 AM
8:19-11435
Ernesto Rafael Montalvo
Chapter 13
#1.00
CONT'D Motion for relief from stay [Real Property]
The Money Source, Inc. vs. DEBTOR (Motion filed 3/24/2020)
[RE: N1652 Williams Plz, Lake Geneva, Wisconsin 53147]
FR: 4-20-20; 6-8-20
Docket 97
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire as to the status of the loan modification agreement.
Party Information
Debtor(s):
Ernesto Rafael Montalvo Represented By Claudia C Osuna
Movant(s):
The Money Source Inc. Represented By
9:00 AM
CONT...
Trustee(s):
Ernesto Rafael Montalvo
Natalie E Lea Kirsten Martinez
Chapter 13
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-10598
Jose Pedro Bautista and Silvia Ruth Bautista
Chapter 7
#2.00
Motion for relief from stay [Real Property]
Wells Fargo Bank, N.A., As Trustee For Carrington Mortgage Loan Trust, Series 2006-RFC1, Asset-Backed Pass-Through Certificates vs. DEBTOR
(Motion filed 7/17/2020)
[RE: 10031 Hill Road, Garden Grove, CA 92840]
Docket 57
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
Party Information
9:00 AM
CONT...
Debtor(s):
Jose Pedro Bautista and Silvia Ruth Bautista
Chapter 7
Jose Pedro Bautista Represented By Charles W Daff
Joint Debtor(s):
Silvia Ruth Bautista Represented By Charles W Daff
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
8:19-14837
Steven George Schultz
Chapter 13
#3.00
CONT'D Motion for relief from stay [Personal Property]
Capital One Auto Finance, A Division Of Capital One, N.A. vs. DEBTOR (Motion filed 7/1/2020)
[Case transferred from CB on 7/31/2020]
[RE: 2017 Kia Optima LX Sedan 4D - VIN No: 5XXGT4L34HG151839]
FR: 8-4-20
Docket 56
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Steven George Schultz
Chapter 13
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Steven George Schultz Represented By Sunjay Bhatia
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:17-14215
Tyler C. Pollock
Chapter 13
#4.00
CONT'D Motion for relief from stay [Personal Propery]
USB Leasing LT vs. DEBTOR (Motion filed 7/14/2020)
[Case transferred from CB on 7/31/2020]
[RE: 2017 Jeep Wrangler - VIN No.: 1C4BJWFG3HL593005]
MOVANT: USB LEASING LT
Docket 31
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Tyler C. Pollock
Chapter 13
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Tyler C. Pollock Represented By Joseph A Weber
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-11882
Kathryn Ramirez Serafin
Chapter 7
#5.00
CONT'D Motion for relief from stay [Personal Property]
Cab West, Inc. vs. DEBTOR (Motion filed 7/9/2020)
[Case Transferred from CB on 7/31/2020]
[RE: 2019 Lincoln MKC - VIN No.: 5LMCJ2C96KUL08584]
FR: 8-4-20
Docket 7
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Kathryn Ramirez Serafin
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Kathryn Ramirez Serafin Pro Se
Trustee(s):
Weneta M Kosmala (TR) Pro Se
2:00 PM
8:19-11218
US Direct LLC
Chapter 7
#1.00
CONT'D Hearing RE: Chapter 7 Trustee's Motion For Order Compelling Examination Of And Production Of Documents By Derek Doherty Pursuant To Federal Rule Of Bankruptcy Procedure 2004
(Motion filed 3/13/20) FR: 4-13-20
Docket 186
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant the motion in part and require the production of documents. The portion of the Motion seeking a court order compelling Mr. Doherty's testimony is continued to November 16, 2020 at 2:00 p.m.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
US Direct LLC Pro Se
2:00 PM
CONT...
Movant(s):
US Direct LLC
Chapter 7
Jeffrey I. Golden, Chapter 7 Trustee Pro Se
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
2:00 PM
8:19-13904
Kathy D Gorski and Michael A Gorski
Chapter 11
#2.00
Hearing RE: Interim Application For Allowance Of Compensation And Reimbursement Of Expenses For The Period From September 23, 2019 Through June 17, 2020
(Application filed 6/29/2020)
[RE: FINANCIAL RELIEF LAW CENTER, APC - Attorneys For Debtors] [Fees: $39459.00; Expenses: $0.00]
Docket 136
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
Grant and allow on an interim basis fees of $39,459.00. Counsel may draw from the retainer in the amount of $10,227.50. Counsel may apply to the Court for approval of payment of the unpaid balance when funds become available for such payment.
APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Kathy D Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
2:00 PM
CONT...
Kathy D Gorski and Michael A Gorski
Chapter 11
Joint Debtor(s):
Michael A Gorski Represented By Andy C Warshaw
Arnold H. Wuhrman
2:00 PM
8:19-13068
Antonio Espinoza Muro
Chapter 7
#3.00
Hearing RE: Motion To Approve Compromise Of Controversy With Maribel Carolyn Muro Vasquez
(Motion filed 7/3/2020)
(Set per Notice of Hearing filed 7/23/2020)
Docket 74
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
If it is indeed correct that the subject property has equity of $500,000.00, there is no reason why the Chapter 7 Trustee should be settling this case for less than an amount that will pay in full all claims. The Motion is denied without prejudice to the Chapter 7 Trustee negotiating a better deal for the Estate's creditors.
CJS TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Antonio Espinoza Muro Represented By
J.D. Cuzzolina
2:00 PM
CONT...
Trustee(s):
Antonio Espinoza Muro
Chapter 7
Richard A Marshack (TR) Represented By Michael G Spector
9:00 AM
6:20-13228
Barbara Gay Mechel Pierce
Chapter 7
#1.00
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
Honda Lease Trust vs. DEBTOR, Robert Whitmore, chapter 7 trustee (Motion filed 7/15/20)
Re: 2019 Honda Hr-V, VIN: 3CZR U5H3 2KG7 15202
Docket 13
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Barbara Gay Mechel Pierce
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Barbara Gay Mechel Pierce Represented By Daniel King
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
6:20-13762
Daeshaun Thomas
Chapter 7
#2.00
Bonial & Associates, P.C. - movant attorney Motion for Relief from Stay
Toyota Motor Credit Corporation vs. DEBTOR (Motion filed 7/7/20)
Re: 2017 Toyota Corolla with Proof of Service
Docket 12
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Daeshaun Thomas
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Daeshaun Thomas Represented By Christopher Hewitt
Trustee(s):
Todd A. Frealy (TR) Pro Se
9:00 AM
6:20-13836
Esaul Viramontes
Chapter 7
#3.00
Law Offices of Vincent V. Frounjian, P.C. - movant attorney Motion for Relief from Stay
Honda Lease Trust vs. DEBTOR, Steven M. Speier, chapter 7 trustee (Motion filed 7/6/20)
Re: 2017 Honda Accord, VIN: 1HGC R2F5 2HA2 49862
Docket 12
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Esaul Viramontes
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Esaul Viramontes Represented By Paul Y Lee
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
6:20-14343
Victoria A Johnson
Chapter 7
#4.00
Cooksey, Toolen, Gage, Duffy & Woog - movant attorney Motion for Relief from Stay
Cab West vs. DEBTOR,Robert Whitmore, trustee (Motion filed 6/29/20)
Re: 2019 Ford Flex, VIN: 2FMGK5C81KBA12405
Docket 7
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Victoria A Johnson
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Victoria A Johnson Represented By Paul Y Lee
Trustee(s):
Robert Whitmore (TR) Pro Se
9:00 AM
6:20-14559
Efren Lopez and Diana Aracely Lopez
Chapter 7
#5.00
Paul V. Reza - movant attorney Motion for Relief from Stay
SchoolsFirst Federal Credit Union vs. DEBTORS (Motion filed 7/10/20)
Re: 2016 Jeep Cherokee VIN 1C4PJMBS4GW105441
Docket 14
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Efren Lopez and Diana Aracely Lopez
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived.
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Efren Lopez Represented By
Raymond Perez
Joint Debtor(s):
Diana Aracely Lopez Represented By Raymond Perez
Trustee(s):
Steven M Speier (TR) Pro Se
2:00 PM
6:13-20751
Guy O Parks
Chapter 7
#1.00
Hrg. on approval of trustee's final report and applications for compensation
[Re: Todd Frealy, chapter 7 trustee] [Fees; $3,750.00; Expenses $193.36]
[Re: Marguilies Faith LLP, attorney for trustee] [Fees; $18,000.00; Expenses; $118.71]
[Re: Donald Fife, other professional] [Fees; $1,000.00; Expenses; $0]
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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
2:00 PM
CONT...
Guy O Parks
Chapter 7
not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of $3,750.00 and expenses in the amount of $193.36.
The compensation is approved as to Margulies Faith LLP, with fees in the amount of
$18,000.00 and expenses in the amount of $118.71.
The compensation is approved as to Donald Fife, with fees in the amount of $1,000.00 and expenses in the amount of $0.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Guy O Parks Represented By
David R Hagen
Trustee(s):
Todd A. Frealy (TR) Represented By Jeremy Faith Meghann A Triplett
2:00 PM
6:18-20224
Jennifer Johnson
Chapter 7
#2.00
Hrg. on trustee's final report and applications for compensation
[Howard Grobstein, chapter 7 trustee] [Re: Fees; $5997.99; Expenses; $0]
[Shulman, Bastian Friedman & Bui, LLP, attorney for trustee] [Re: Fees; $7130.41; Expenses; $1010.41]
[Grobstein Teeple LLP; accountant for trustee] [Fees; $1343.54]
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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
2:00 PM
CONT...
Jennifer Johnson
Chapter 7
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 $5,997.99 and expenses in the amount of $0.00.
The compensation is approved as to Shulman, Bastian, Friedman & Bui, with fees in the amount of $7,130.41 and expenses in the amount of $1,010.41.
The compensation is approved as to Grobstein Teeple LLP, with fees in the amount of
$1,343.54 and expenses in the amount of $0.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Jennifer Johnson Represented By Susan Jill Wolf
Trustee(s):
Howard B Grobstein (TR) Represented By Leonard M Shulman Melissa Davis Lowe
2:00 PM
6:20-14663
PAL Distribution Inc
Chapter 11
#3.00
Hrg. on DDI Chapter 7 Trustee's Motion filed 7/21/20 to Dismiss Case or Alternatively, to Convert Case to Chapter 7 and Consolidate With Debtor's Existing Case
Docket 27
*** VACATED *** REASON: CONTINUED TO 9/8/20 AT 2:00 P.M., PER ORDER ENTERED 8/4/20
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
PAL Distribution Inc Represented By
M. Jonathan Hayes
Trustee(s):
Caroline Renee Djang (TR) Pro Se
2:00 PM
6:19-10869
Humberto Ramirez and Eulogia R Ramirez
Chapter 7
#4.00
Hrg. on approval of trustee's final report; applications for compensation
[Re: Charles Daff; chapter 7 trustee] [Fees; $2756.01; Expenses; $190.60]
[Re: Shulman Bastian LLP; attorney for trustee] [Fees; $16,396.50; Expenses; $2166.33]
[Re: Hahn Fife & Company; Accountant for trustee] [Fees; $2908.08; Expenses $393.60]
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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
2:00 PM
CONT...
Humberto Ramirez and Eulogia R Ramirez
Chapter 7
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 $1,372.70 and expenses in the amount of $94.93.
The compensation is approved as to Shulman Bastion LLP, with fees in the amount of
$8,166.71 and expenses in the amount of $393.60. Bond payments are approved in the amount of $11.57.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
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
6:19-16545
DDI Distribution of California LLC
Chapter 7
#5.00
Hrg. on Debtor's Motion for Turnover of Property of Debtor's Ongoing Business Operations and Premises, or Alternatively, Directing Turnover of All Accounting Records and Payment of All Net Profits of the Debtor to the Trustee Since the Petition Date
(STATUS CONFERENCE ONLY)
Docket 37
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire whether the Parties have made any determination as to how they would like to proceed in this matter.
Party Information
Debtor(s):
DDI Distribution of California LLC Represented By
2:00 PM
CONT...
Trustee(s):
DDI Distribution of California LLC
Mark E Brenner
Chapter 7
Lynda T. Bui (TR) Represented By Brandon J Iskander
9:00 AM
8:18-10203
Phillip Barry Greer
Chapter 7
Adv#: 8:18-01069 Marshack et al v. Biden
#1.00
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; 11-6-19; 4-22-20
Docket 27
*** VACATED *** REASON: ORDER CONTINUING STATUS CONFERENCE TO NOVEMBER 18, 2020 AT 9:00 AM ENTERED ON 8-11
-20 (DOCKET NO. 93)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Phillip Barry Greer Represented By Phillip Greer
Defendant(s):
Arlene C Biden Represented By Phillip Greer
Plaintiff(s):
Richard A Marshack Represented By
9:00 AM
CONT...
Phillip Barry Greer
Ryan D O'Dea
Chapter 7
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
8:18-10203
Phillip Barry Greer
Chapter 7
Adv#: 8:18-01075 Street v. Greer et al
#2.00
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; 12-4-19
Docket 106
*** VACATED *** REASON: ORDER CONTINUING STATUS CONFERENCE TO NOVEMBER 18, 2020 AT 9:00 AM ENTERED ON 8-11
-20 (DOCKET NO. 128).
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Phillip Barry Greer Represented By Phillip Greer
Defendant(s):
Phillip Barry Greer Represented By Phillip Greer Ryan D O'Dea Timothy C Aires
9:00 AM
CONT...
Phillip Barry Greer
Chapter 7
Richard A. Marshack Represented By Ryan D O'Dea Phillip Greer Timothy C Aires
Plaintiff(s):
Chriss W. Street Represented By Timothy C Aires Phillip Greer Ryan D O'Dea
Trustee(s):
Richard A Marshack (TR) Represented By James C Bastian Jr Ryan D O'Dea
9:00 AM
8:18-10324
Alexander Mark Christian Isaly
Chapter 7
Adv#: 8:18-01083 B3 FIT, INC et al v. Isaly
#3.00
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; 12-4-19; 2-19-20; 4-22-20; 7-8-20
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will approve the Stipulation for Entry of Judgment. Plaintiff shall lodge a form of judgment, approved as to form by Defendants, via LOU within 10 days.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Alexander Mark Christian Isaly Represented By
9:00 AM
CONT...
Alexander Mark Christian Isaly
Anthony B Vigil Jeffrey G Jacobs
Chapter 7
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
9:00 AM
8:18-10905
Michael William Devine
Chapter 7
Adv#: 8:18-01121 Getson et al v. Devine
#4.00
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; 12-18-19
Docket 1
*** VACATED *** REASON: CONTINUED TO FEBRUARY 17, 2021 AT 9:00 AM PER ORDER ENTERED ON 8-7-2020 (DOCKET NO. 24)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Michael William Devine Represented By Christopher J Langley
Defendant(s):
Michael William Devine Represented By Christopher J Langley
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
8:18-11792
Modern VideoFilm, Inc.
Chapter 11
Adv#: 8:20-01009 Medley Capital Corporation v. Modern VideoFilm, Inc.
#5.00
CONT'D Hearing RE: Medley Capital Corporation's Motion For Summary Judgment
(Motion filed 1/29/20) FR: 3-11-20
Docket 5
*** VACATED *** REASON: OFF CALENDAR - PER ORDER ON DEBTOR'S MOTION FOR ORDER DISMISSING ADVERSARY ACTION FOR FAILURE TO STATE A CALIM UPON WHICH RELIEF CAN BE GRANTED ENTERED 7-24-2020 - (DOCKET NO. [39])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Andrew B Levin Peter W Lianides
Defendant(s):
Modern VideoFilm, Inc. Represented By Garrick A Hollander Peter W Lianides
Movant(s):
Medley Capital Corporation Represented By Justin E Rawlins
Plaintiff(s):
Medley Capital Corporation Represented By
9:00 AM
CONT...
Modern VideoFilm, Inc.
Justin E Rawlins
Chapter 11
9:00 AM
8:19-11218
US Direct LLC
Chapter 7
Adv#: 8:20-01067 Golden v. Capital One Bank (USA), N.A.
#6.00
CONT'D STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Voidable Transfers
(Complaint filed 4/30/2020) FR: 7-22-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to February 10, 2021 at 9:00 a.m. An updated status report is due January 29, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
US Direct LLC Pro Se
9:00 AM
CONT...
US Direct LLC
Chapter 7
Defendant(s):
Capital One Bank (USA), N.A. Represented By Jared D Bissell
Plaintiff(s):
Jeffrey I. Golden Represented By Roye Zur
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
9:00 AM
8:19-11218
US Direct LLC
Chapter 7
Adv#: 8:20-01080 Golden v. Tezo, Inc. et al
#7.00
STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Voidable Transfers
(Complaint filed 5/14/20)
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will issue the following scheduling order:
All discovery shall closes on May 31, 2021.
All discovery motions shall be heard before June 30, 2021.
All pretrial motions (except motions in limine) shall be heard before July 31, 2021. Pretrial conference is set for August 4, 2021.
COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
US Direct LLC
Chapter 7
US Direct LLC Pro Se
Defendant(s):
Tezo, Inc. Represented By
Eric D Olson
Troy Kiem Represented By
Eric D Olson
Plaintiff(s):
Jeffrey I. Golden Represented By Roye Zur
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
9:00 AM
8:19-11218
US Direct LLC
Chapter 7
Adv#: 8:20-01081 Golden v. Tesla Finance, LLC et al
#8.00
STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Voidable Transfers
(Complaint filed 5/14/20)
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The Court will continue the status conference to Feberuary 10, 2021 at 9:00 a.m. to allow settlement discussions to proceed. An updated status report is due January 27, 2021.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
US Direct LLC Pro Se
Defendant(s):
Tesla Finance, LLC Pro Se
9:00 AM
CONT...
US Direct LLC
Chapter 7
Tesla, Inc. Pro Se
Plaintiff(s):
Jeffrey I. Golden Represented By Roye Zur
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
9:00 AM
8:19-11218
US Direct LLC
Chapter 7
Adv#: 8:20-01082 Golden v. RP/Essex Skyline Holdings, LLC
#9.00
STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Voidable Transfers
(Complaint filed 5/14/20)
Docket 1
*** VACATED *** REASON: OFF CALENDAR - PLAINTIFF'S NOTICE OF DISMISSAL OF ADVERSARY PROCEEDING FILED 8-11-20 (DOCKET NO.6)
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
US Direct LLC Pro Se
Defendant(s):
RP/Essex Skyline Holdings, LLC Pro Se
Plaintiff(s):
Jeffrey I. Golden Represented By Roye Zur
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
9:00 AM
8:19-11218
US Direct LLC
Chapter 7
Adv#: 8:20-01083 Golden v. Jafrey
#10.00
STATUS CONFERENCE Hearing RE: Complaint To Avoid And Recover Voidable Transfers
(Complaint filed 5/14/20)
Docket 1
*** VACATED *** REASON: OFF CALENDAR - DEFAULT JUDGMENT ENTERED 7-24-2020 - (DOCKET NO. [13])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
US Direct LLC Pro Se
Defendant(s):
Abdullah Jafrey Pro Se
Plaintiff(s):
Jeffrey I. Golden Represented By Roye Zur
Trustee(s):
Jeffrey I Golden (TR) Represented By Roye Zur Monica Rieder
9:00 AM
8:19-11370
Carrie Jean Heckel
Chapter 7
Adv#: 8:20-01087 Casey v. Heckel
#11.00
STATUS CONFERENCE Hearing RE: Complaint For:
Avoidance Of Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(A);
Avoidance Of Fraudulent Transfer [11 U.S.C. Section 548(a)(1)(B);
Avoidance Of Transfer Pursuant To The California Uniform Avoidable Transactions Act [Cal. Civ. Code Sections 3439.04 And 3439.07]
Avoidance Of Transfer Pursuant To The California Uniform Avoidable Transactions Act [Cal. Civ. Code Sections 3439.05 And 3439.07]
Recovery Of Avoided Transfers [11 U.S.C. Section 550]; And
Declaratory Reliefl And Turnover [11 U.S.C. Sections 541 And 542] (Complaint filed 5/19/2020)
Docket 1
*** VACATED *** REASON: CONTINUED TO DECEMBER 2, 2020 AT 9:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE STATUS CONFERENCE ENTERED 7-24-2020 - (DOCKET NO. [16])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Carrie Jean Heckel Represented By Paul S Nash
Defendant(s):
Rhett James Heckel Represented By Kathy McCormick
Plaintiff(s):
Thomas H Casey Represented By William M Burd
9:00 AM
CONT...
Trustee(s):
Carrie Jean Heckel
Chapter 7
Thomas H Casey (TR) Represented By Karen S. Naylor
9:00 AM
8:19-12375
South Coast Behavioral Health, Inc.
Chapter 11
Adv#: 8:19-01158 South Coast Behavioral Health, Inc. v. Reliable Fast Cash, LLC et al
#12.00
CONT'D PRE-TRIAL CONFERENCE Hearing RE: First Amended 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)
Unfair Competition And Equitable Subordination (11 U.S.C. Section 510(c) AND Hearing RE: Status Conference Hearing RE: Counter-Claim (Complaint filed 7/30/10)
(Counter-Claim filed 8/30/19) (PTC set at S/C held 11/13/19)
(First Amended Complaint filed 2/26/20) FR: 10-6-19; 11-13-19
Docket 1
*** VACATED *** REASON: CONTINUED TO NOVEMBER 18, 2020 AT 9:00 A.M. PER ORDER APPROVING STIPULATION FOR NINETY- DAY STAY OF ALL PROCEEDINGS ENTERED 5-5-2020 - (DOCKET NO. [78])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
South Coast Behavioral Health, Inc. Represented By
Michael N Nicastro Sean A OKeefe
Defendant(s):
Reliable Fast Cash, LLC Represented By
9:00 AM
CONT...
South Coast Behavioral Health, Inc.
Steven R Fox
Chapter 11
Mendl Chanin Represented By Steven R Fox
Plaintiff(s):
South Coast Behavioral Health, Inc. Represented By
Sean A OKeefe
Trustee(s):
Thomas H Casey (TR) Represented By Todd C. Ringstad Sean A OKeefe Nanette D Sanders
2:00 PM
8:20-11644
Mercedes Gomez Limon
Chapter 13
#1.00
Hearing RE: Confirmation Of Chapter 13 Plan
Docket 11
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Mercedes Gomez Limon Represented By Laleh Ensafi
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:20-11473
Kelsey Marie Wilcox
Chapter 13
#2.00
CONT'D Hearing RE: Confirmation Of Chapter 13 Plan FR: 7-22-20
Docket 2
Tentative Ruling:
- NONE LISTED -
Debtor(s):
Party Information
Kelsey Marie Wilcox Represented By
Misty A Perry Isaacson
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
2:00 PM
8:19-11375
SoCal REO Acquisitions Group LLC
Chapter 11
#3.00
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 4/15/19)
FR: 6-19-19; 11-13-19 at 9:00 a.m.; 11-13-19; 1-29-20; 4-2-20
Docket 1
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING DEBTOR'S MOTION FOR A FINAL DECREE AND FOR ORDER CLOSING CHAPTER 11 CASE ENTERED 7-2-2020 - (DOCKET NO. [162])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
SoCal REO Acquisitions Group LLC Represented By
Nima S Vokshori Henry D Paloci
9:00 AM
6:17-17512
Douglas Craig Woodard
Chapter 7
Adv#: 6:19-01075 Anderson v. Woodard et al
#1.00
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 7/16/20)
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into performance under the Settlement Agreement.
Party Information
Debtor(s):
Douglas Craig Woodard Represented By
9:00 AM
CONT...
Douglas Craig Woodard
Michael G Spector
Chapter 7
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
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
6:17-17512
Douglas Craig Woodard
Chapter 7
Adv#: 6:19-01075 Anderson v. Woodard et al
#2.00
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 7/16/20)
Docket 17
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into performance under the Settlement Agreement.
Party Information
Debtor(s):
Douglas Craig Woodard Represented By Michael G Spector
Defendant(s):
Douglas Craig Woodard Represented By Michael G Spector
9:00 AM
CONT...
Douglas Craig Woodard
Chapter 7
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 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
6:17-17512
Douglas Craig Woodard
Chapter 7
#3.00
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 7/16/20)
Docket 130
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into performance under the Settlement Agreement.
Party Information
Debtor(s):
Douglas Craig Woodard Represented By Michael G Spector
Movant(s):
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
CONT...
Trustee(s):
Douglas Craig Woodard
Chapter 7
Karl T Anderson (TR) Represented By Leonard M Shulman Melissa Davis Lowe
9:00 AM
6:19-18367
Affordable Auto Repair, Inc.
Chapter 11
#4.00
Hrg. on Debtor's Motion filed 6/17/20 for approval of chapter 11 disclosure statement
(Advanced from the 2:00 p.m. calendar by order signed on 7/22/20)
Docket 101
Tentative Ruling:
APPEARANCES REQUIRED.
The Court will sustain the UST's objection, not on grounds of good faith, but rather on grounds of unfair discrimination pursuant to 11 U.S.C. § 1123(a)(4). The Court, therefore, withholds approval of the Disclosure Statement.
UNITED STATES TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Affordable Auto Repair, Inc. Represented By Michael Jones Sara Tidd
9:00 AM
CONT...
Movant(s):
Affordable Auto Repair, Inc.
Chapter 11
Affordable Auto Repair, Inc. Represented By Michael Jones Sara Tidd
9:00 AM
6:20-12274
Absolute Care Assisted Living & Memory Care, LLC
Chapter 11
#5.00
Hrg. on Chapter 11 Status Conference (Cont. from 5/7/20)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Next status conference: November 19, 2020 at 9:00 a.m. An updated status report is due November 5, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Absolute Care Assisted Living & Represented By
Robert S Altagen
9:00 AM
6:20-12274
Absolute Care Assisted Living & Memory Care, LLC
Chapter 11
#5.10
Hrg. on Motion filed 7/8/20 for Order (A) extending the time period to file plan and disclosure statements
EH
Docket 40
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will interpret the Motion as a motion for extension of exclusivity. The Court grants the Motion on that basis extending exclusivity to file a plan under 11
U.S.C. 1121(c)(2) to October 15, 2020 and exclusivity to solicit acceptances of a plan under 11 U.S.C. § 1121(c)(3) to December 15, 2020. The Court confirms that all rights are reserved to the Sassones as Co-Trustees to seek and obtain relief from the automatic stay.
DEBTOR TO LODGE ORDER AFTER OBTAINING APPROVAL AS TO FORM BY THE SASSONES AS CO-TRUSTEES VIA LOU WITHIN 7 DAYS.
Party Information
9:00 AM
CONT...
Debtor(s):
Absolute Care Assisted Living & Memory Care, LLC
Chapter 11
Absolute Care Assisted Living & Represented By
Robert S Altagen
Movant(s):
Absolute Care Assisted Living & Represented By
Robert S Altagen
9:00 AM
6:20-14155
Power Bail Bonds, Inc.
Chapter 11
#6.00
Hrg. on Chapter 11 Subchapter V Status Conference
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
The Court will set September 14, 2020 as the deadline for filing a plan.
Next status conference: October 22, 2020 at 9:00 a.m. An updated status report is due October 8, 2020.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Power Bail Bonds, Inc. Represented By Douglas A Plazak
Reid & Hellyer A Pro
9:00 AM
CONT...
Trustee(s):
Power Bail Bonds, Inc.
Chapter 11
Caroline Renee Djang (TR) Pro Se
9:00 AM
6:20-14295
LCF LABS INC.
Chapter 11
#7.00
Hrg. on Chapter 11 Status Conference
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into compliance with United States Trustee guidelines and requirements.
Regarding the payment of administrative taxes (question and answer 5.4), administrative trust fund withholding taxes must be timely paid in full.
Next status conference: October 8, 2020 at 9:00 a.m. COURT TO PREPARE ORDER.
Party Information
Debtor(s):
LCF LABS INC. Represented By Neil C Evans
9:00 AM
CONT...
Trustee(s):
LCF LABS INC.
Chapter 11
Arturo Cisneros (TR) Pro Se
10:00 AM
6:20-13796
Stephanie G. Spendlove
Chapter 7
#1.00
Hrg. on approval of Reaffirmation Agreement Between Debtor and Kia Motors Finance, in the amount of $23,418.06
Re: 2019 Kia Optima
Docket 11
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Stephanie G. Spendlove Represented By
James D. Hornbuckle
Trustee(s):
Todd A. Frealy (TR) Pro Se
10:00 AM
CONT...
Stephanie G. Spendlove
Chapter 7
2:00 PM
6:19-18367
Affordable Auto Repair, Inc.
Chapter 11
#1.00
Hrg. on Debtor's Motion filed 6/17/20 for approval of chapter 11 disclosure statement
Docket 101
*** VACATED *** REASON: Advanced to the 9:00 a.m. calendar by order signed on 7/22/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Affordable Auto Repair, Inc. Represented By Michael Jones Sara Tidd
2:00 PM
6:16-11051
Wilbert Mauricio Henriquez
Chapter 7
Adv#: 6:16-01072 VOKSHORI LAW GROUP, APLC v. Henriquez
#1.00
Hrg. on Order for Appearance and Examination (Cont. from 7/6/20)
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
In view of the closure of the Courthouse to the public by order of the Chief Judge of the District, the Court continues the judgment debtor examination as a status conference only to November 17, 2020 at 2:00 p.m.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Wilbert Mauricio Henriquez Represented By
2:00 PM
CONT...
Wilbert Mauricio Henriquez
Brad Weil
Chapter 7
Defendant(s):
Wilbert Mauricio Henriquez Represented By Brad Weil
Plaintiff(s):
VOKSHORI LAW GROUP, APLC Represented By
Nima S Vokshori Brad Weil
Trustee(s):
Lynda T. Bui (TR) Pro Se
9:00 AM
8:20-11520
Aimee Kungl
Chapter 7
#1.00
Motion for relief from stay [Personal Property]
Financial Services Vehicle Trust vs. DEBTOR (Motion filed 7/17/2020)
[RE: 2018 BMW 5 Series 530e xDrive iPerformance Sedan 4D] [VIN No.: WBAJB1C57JB083845]
Docket 18
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Aimee Kungl
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Aimee Kungl Represented By
Julie J Villalobos
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
8:20-12011
Rosa Maria Dominguez
Chapter 13
#2.00
Hearing RE: Motion In Individual Case For Order Imposing A Stay Or Continuing The Automatic Stay As The Court Deems Appropriate (Motion filed 7/22/2020)
[RE: 183 Yorktown Lane, Costa Mesa, CA 92626]
Docket 11
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will grant the Motion and continue the automatic stay as to all creditors. DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Rosa Maria Dominguez Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
CONT...
Rosa Maria Dominguez
Chapter 13
9:00 AM
8:20-11894
Dean A. Lopez and Tracy Lynn Lopez
Chapter 7
#3.00
Motion for relief from stay [Personal Property]
Ford Motor Credit Company LLC vs. DEBTOR (Motion filed 7/22/2020)
[RE: 2019 Ford F250 - VIN: 1FD7X2A6XKED73346]
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
9:00 AM
CONT...
Debtor(s):
Dean A. Lopez and Tracy Lynn Lopez
Party Information
Chapter 7
Dean A. Lopez Represented By Julie J Villalobos
Joint Debtor(s):
Tracy Lynn Lopez Represented By Julie J Villalobos
Trustee(s):
Weneta M Kosmala (TR) Pro Se
9:00 AM
8:19-10066
Bridget Sirkegian-Kaub
Chapter 13
#4.00
CONT'D Motion for relief from stay [Real Property]
Wilmington Savings Fund Society, FSB, D/B/A Christiana Trust, Not Individually But As Trustee For Pretium Mortgage Acquisition Trust vs. DEBTOR
(Motion filed 4/17/2020)
[Case transferred from CB on 7/31/2020]
[RE: 421 18th Street, Huntington Beach, CA 92648]
FR: 5-26-20; 6-30-20
Docket 55
*** VACATED *** REASON: OFF CALENDAR - ORDER GRANTING MOTION FOR RELIEF FROM STAY - SETTLED BY STIPULATION - ADEQUATE PROTECTION AGREEMENT - ORDER ENTERED 8-4- 2020 - (DOCKET NO. [77])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Bridget Sirkegian-Kaub Represented By Christopher J Langley
Trustee(s):
Amrane (SA) Cohen (TR) Pro Se
9:00 AM
8:20-10891
Rebecca Justice Garcia
Chapter 7
#5.00
CONT'D Hearing RE: Debtor's Motion To Dismiss This Bankruptcy Proceeding (Motion filed 7/6/2020)
[Case transferred from CB on 7/31/2020]
FR: 8-4-20; advanced from 8-24-20
Docket 40
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Rebecca Justice Garcia Represented By Benjamin R Heston
Trustee(s):
Karen S Naylor (TR) Pro Se
9:00 AM
CONT...
Rebecca Justice Garcia
Chapter 7
2:00 PM
8:19-14127
John Alan Stacey and Kathleen Lee Stacey
Chapter 11
#2.00
Hearing RE: Motion For Order: Authorizing Sale Of Real Property Located At 360 Aster, Laguna Beach, CA: (A) Outside The Ordinary Course Of Business;
(B) Free And Clear Of Liens, Claims, And Encumbrances; (C) Subject To Overbid; (D) For Determination Of Good Faith Purchaser Under 11 U.S.C. Section 363(m)
(Motion filed 7/27/2020)
Docket 74
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
No tentative ruling.
Party Information
Debtor(s):
John Alan Stacey Represented By Richard A Marshack David Wood
Joint Debtor(s):
Kathleen Lee Stacey Represented By
2:00 PM
CONT...
John Alan Stacey and Kathleen Lee Stacey
Richard A Marshack David Wood
Chapter 11
9:00 AM
6:20-12831
Abel J. Apodaca, Jr. and Esther DeOrta
Chapter 7
#1.00
Aldridge Pite, LLP - movant attorney Motion for Relief from Stay
Select Portfolio Servicing Inc. vs. DEBTORS (Motion filed 7/23/20)
Re: 1548 La Mesita Drive, Hacienda Heights, California 91745
Docket 19
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Abel J. Apodaca, Jr. and Esther DeOrta
Chapter 7
MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Abel J. Apodaca Jr. Represented By Lazaro E Fernandez
Joint Debtor(s):
Esther DeOrta Represented By Lazaro E Fernandez
Movant(s):
Select Portfolio Servicing Inc., as Represented By
Josephine E Salmon
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
6:20-13836
Esaul Viramontes
Chapter 7
#2.00
Steele LLP - movant attorney Motion for Relief from Stay
The Bank of New York Mellon vs. DEBTOR (Motion filed 7/16/20)
Re: 15003 Binney Street, Hacienda Heights, CA 91745-2009
Docket 16
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Esaul Viramontes
Chapter 7
Deny as to termination of the co-debtor stay.
The movant may contact the debtor to comply with California Civil Code § 2923.5. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Esaul Viramontes Represented By Paul Y Lee
Movant(s):
The Bank of New York Mellon f/k/a Represented By
Katherine S Walker
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
6:20-14558
Keren Fidela Acosta
Chapter 7
#3.00
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 7/22/20)
Re: 2018 Honda Accord, VIN: 1HGC V1F3 9JA1 70814
Docket 9
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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.
9:00 AM
CONT...
Keren Fidela Acosta
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Keren Fidela Acosta Represented By Jeffrey N Wishman
Movant(s):
American Honda Finance Represented By Vincent V Frounjian
Trustee(s):
Steven M Speier (TR) Pro Se
9:00 AM
6:20-14659
Juan Carlos Lomeli and Shauna Marie Lomeli
Chapter 7
#4.00
Scheer Law Group, LLP - movant attorney Motion for Relief from Stay
AJAX Mortgage Loan Trust 2019-E, Mortgage-Backed Securities, Series 2019-E by U.S. Bank National Association, as Indenture Trustee vs. DEBTORS
Re: 10375 Church Street, Unit 120, Rancho Cucamonga, CA 91730
Docket 13
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
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.
9:00 AM
CONT...
Juan Carlos Lomeli and Shauna Marie Lomeli
Chapter 7
The 14-day stay provided by Rule 4001(a)(3) is waived. MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Juan Carlos Lomeli Represented By
L Dominic Chacon
Joint Debtor(s):
Shauna Marie Lomeli Represented By
L Dominic Chacon
Movant(s):
Ajax Mortgage Loan Trust 2019-E, Represented By
Reilly D Wilkinson
Trustee(s):
Karl T Anderson (TR) Pro Se
2:00 PM
6:17-17018
Melanie Christine Eberwein
Chapter 7
#1.00
Hrg. on trustee's final report and applications for compensation
[Robert S. Whitmore, chapter 7 trustee] [Re: Fees; $3865.85; Expenses; $75.90]
[The Turoci Firm, attorney for Trustee] [Re: Fees; $4270.00; Expenses; $224.56]
[Donald T. Fife, accountant]
[Re: Fees $1000.00; Expenses; $0]
Docket 0
Tentative Ruling:
APPEARANCES NOT REQUIRED.
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
2:00 PM
CONT...
Melanie Christine Eberwein
Chapter 7
secured claims. 11 U.S.C. § 326(a).
The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.
The compensation is approved as to the Trustee, with fees in the amount of $3,865.85 and expenses in the amount of $75.90.
The compensation is approved as to the Turoci Firm, with fees in the amount of
$4,270.00 and expenses in the amount of $224.56.
The compensation is approved as to Donald Fife, with fees in the amount of $1,000.00 and expenses in the amount of $0.00.
CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Melanie Christine Eberwein Represented By Michael D Franco
Trustee(s):
Robert Whitmore (TR) Pro Se
2:00 PM
6:19-16352
Silver Lakes Resort Lodge Interval Owners Associat
Chapter 11
#2.00
Sale hearing on property Silver Lakes, located at 14818 Clubhouse Drive, Helendale, CA 92342
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
See Matter 2.10.
Party Information
Debtor(s):
Silver Lakes Resort Lodge Interval Represented By
Teresa A. Blasberg
2:00 PM
6:19-16352
Silver Lakes Resort Lodge Interval Owners Associat
Chapter 11
#2.10
Hrg. on Motion filed 7/28/20 to Sell Property of the Estate Free and Clear of Liens under Section 363(f)
Docket 63
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion. All terms and conditions of that certain Settlement Agreement, dated on or about October 29, 2015 between the Debtor and Silver Lakes Association, shall be observed by Debtor in connection with the sale.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Silver Lakes Resort Lodge Interval Represented By
Teresa A. Blasberg
Movant(s):
Silver Lakes Resort Lodge Interval Represented By
Teresa A. Blasberg
2:00 PM
CONT...
Silver Lakes Resort Lodge Interval Owners Associat
Chapter 11
2:00 PM
6:19-20152
Murray Altman
Chapter 7
#3.00
Hrg. on Debtor's Motion filed 7/10/20 for order determining debtor's prepetition bank accounts to be free and clear of liens and for an order compelling the trustee to release the funds held in the accounts
Docket 103
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court intends to grant the motion.
DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.
Party Information
Debtor(s):
Murray Altman Represented By Andrew S Bisom
Movant(s):
Murray Altman Represented By Andrew S Bisom
2:00 PM
CONT...
Trustee(s):
Murray Altman
Chapter 7
Arturo Cisneros (TR) Represented By Thomas H Casey
9:00 AM
8:18-11759
Chester Davenport
Chapter 7
Adv#: 8:18-01155 Naylor v. Sun et al
#1.00
CONT'D PRE-TRIAL 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) (PTC set at S/C held 7/17/19)
9:00 AM
CONT...
Chester Davenport
Chapter 7
FR: 10-24-18; 3-27-19; 6-19-19; 7-17-19; 4-15-20; 7-15-20
Docket 1
Tentative Ruling:
APPEARANCES NOT REQUIRED.
Based on the pendency of Defendants' motion for leave to appeal before the BAP, the Court will continue the pretrial conference to October 7, 2020 at 9:00 a.m.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Chester Davenport Represented By Michael Jay Berger
Defendant(s):
Bianca Sun Represented By
Victor S Korechoff Eugene S Fu
Yan Yu Sun Represented By
9:00 AM
CONT...
Chester Davenport
Victor S Korechoff Eugene S Fu
Chapter 7
Plaintiff(s):
Karen Sue Naylor Represented By Thomas H Casey Kerry A. Moynihan
Trustee(s):
Karen S Naylor (TR) Represented By Thomas H Casey
9:00 AM
8:19-11047
Eric Wayne Mydland
Chapter 7
Adv#: 8:19-01128 Tom Lange Company International, Inc. et al v. Mydland
#2.00
PRE-TRIAL 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) (PTC set at S/C held 9/18/19)
FR: 9-18-19; 6-17-20
Docket 6
*** VACATED *** REASON: CONTINUED TO DECEMBER 2, 2020 AT 9:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE SCHEDULING ORDER ENTERED 5-12-2020 - (DOCKET NO. [18])
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Eric Wayne Mydland Represented By
Bryant C MacDonald
Defendant(s):
Eric Wayne Mydland Represented By Charity J Manee
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
9:00 AM
CONT...
Trustee(s):
Eric Wayne Mydland
Bart M Botta
Chapter 7
Richard A Marshack (TR) Represented By Anerio V Altman
9:00 AM
8:19-12113
Heidi Crawford
Chapter 7
Adv#: 8:19-01182 Amerifactors Financial Group, LLC v. Crawford et al
#3.00
CONT'D 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) (Another Summons issued 10-23-19)
FR: 11-27-19; 1-22-20; 3-11-20; 5-13-20
Docket 1
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire how the Parties wish to proceed in this Adversary Proceeding in the aftermath of Mrs. Heidi Crawford's passing in May 2020.
Next status conference: TBD.
Party Information
9:00 AM
CONT...
Debtor(s):
Heidi Crawford
Chapter 7
Heidi Crawford Represented By Richard G Heston
Defendant(s):
Heidi Crawford Pro Se
Michael 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
8:11-20448
Yan Sui
Chapter 7
#4.00
CONT'D Hearing RE: Trustee's Motion For Setoff (Motion filed 7/14/2020)
[Case Transferred from CB on 7/31/2020]
FR: 8-4-20
Docket 599
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
This matter comes before the Court upon remand from the United States District Court for the Central District of California, the reassignment of the case to the undersigned (as a result of the upcoming retirement of the Honorable Catherine Bauer, United States Bankruptcy Judge) and the Trustee’s Motion for Setoff, Docket No. 599, filed July 14, 2020 (the "Motion"). In the Motion, the Trustee asks the Court to permit the Trustee to offset the distribution of sales proceeds in the amount of $164,546.71 by $93,832.72 in sanctions owed by Pei-Yu Yang to the bankruptcy estate of Yan Sui. The Motion states that the Yan Sui bankruptcy estate owes $164,546.71 to Pei-Yu Yang because this amount is her share of the sales
9:00 AM
CONT...
Yan Sui
Chapter 7
proceeds from the bankruptcy estate’s sale of the Property (as defined below). In the Trustee’s view, because Pei-Yu Yang held a joint tenancy interest in the Property, she is entitled to half of the Property’s sales proceeds.
The Motion is denied without prejudice on the ground that the Trustee has failed to make a sufficient showing that the bankruptcy estate of Yan Sui owes any money to Pei-Yu Yang, Yan Sui’s spouse. In the absence of mutual debts, there can be no setoff.
The Order Granting Motion for Summary Adjudication of the United States District Court for the Central District of California in Marshack v. Yang (In re Sui), Case No. 8:13-cv-00519-MWF, Docket No. 12, filed May 22, 2013 (the "District Court Order") establishes that title to real property located at 2176 Pacific Avenue #C, Costa Mesa, California (the "Property"), was re-vested in the names of Yan Sui and Pei-Yu Yang as joint tenants with right of survivorship. The District Court Order avoided a prior transfer of Yan Sui’s interest in the Property to Pei-Yu Yang, his spouse, thereby restoring the status quo ante, when Yan Sui and Pei-Yu Yang held title to the Property as joint tenants with right of survivorship.
On July 23, 2020, the Supreme Court of California held as follows:
Further, we hold that when a married couple uses community funds to acquire property with joint tenancy title on or after January 1, 1975, the property is presumptively community property under Family Code section 760 in a dispute between the couple and a bankruptcy trustee . . . We hold that under this rule, joint tenancy title of property acquired by spouses using community funds on or after January 1, 1985 is not sufficient by itself to transmute community property into separate property.
Speier v. Brace (In re Brace), S252473, 2020 WL 4211750 at *1 (Cal., July 23, 2020). The Motion nowhere discusses the date on which Yan Sui and Pei-Yu Yang acquired
9:00 AM
CONT...
Yan Sui
Chapter 7
the Property or whether they used community funds to acquire it. Therefore, the possibility is left open that, based upon the California Supreme Court’s ruling in Brice, the Property was community property as of the date of the filing of the bankruptcy petition by Mr. Sui. If it is, then the entirety of the Property (and not merely a one-half interest) became bankruptcy estate property as of the petition date and remained bankruptcy estate property until its sale. 11 U.S.C. 541(a)(2). Likewise, all the proceeds from the Property’s sale ($329,093.43) would be bankruptcy estate property. In this event, the Trustee would owe no part of these sales proceeds to Pei-Yu Yang, and setoff would be inapplicable.
The Motion was filed nine days before the California Supreme Court issued its opinion in Brace. Understandably, the Motion does not address the effect of Brace. Nevertheless, this Court cannot rule upon the Motion in the absence of a showing that mutual debts exist. Because that showing has not been made, the Motion must be, and is, denied without prejudice.
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Yan Sui Pro Se
Trustee(s):
Richard A Marshack (TR) Represented By David M Goodrich
Martina A Slocomb Chad V Haes
Jess R Bressi
D Edward Hays
10:00 AM
8:20-11666
Jose Ernesto Contreras and Christine Marquez Contreras
Chapter 7
#1.00
Hearing RE: Reaffirmation Agreement Between Debtor And Snap-on Credit LLC
(Motion filed 7/22/2020)
[RE: Tools Of Trade - Account Number: 5582 - Amount: $754.45]
Docket 12
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
In view of the extremely high interest rate, it is not in Debtors' best interest to reaffirm this debt.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
10:00 AM
CONT...
Debtor(s):
Jose Ernesto Contreras and Christine Marquez Contreras
Chapter 7
Jose Ernesto Contreras Represented By Marlin Branstetter
Joint Debtor(s):
Christine Marquez Contreras Represented By Marlin Branstetter
Trustee(s):
Weneta M Kosmala (TR) Pro Se
10:00 AM
8:20-11228
Paul Stanchfield Perry and Isabel Jesus Carlos
Chapter 7
#2.00
Hearing RE: Pro se Reaffirmation Agreement Between Debtor And American Honda Finance Corporation
(Motion filed 6/26/2020)
[Case transferred from CB on 7/31/2020]
RE: 2019 Honda Civic - Amount: $10,564.48] [VIN No.: SHHFK7H48KU406194]
Docket 19
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The reaffirmation agreement is not approved, as it is not in the best interest of the Debtor(s).
COURT TO PREPARE ORDER.
Party Information
Debtor(s):
Paul Stanchfield Perry Pro Se
10:00 AM
CONT...
Paul Stanchfield Perry and Isabel Jesus Carlos
Chapter 7
Joint Debtor(s):
Isabel Jesus Carlos Pro Se
Trustee(s):
Jeffrey I Golden (TR) Pro Se
9:00 AM
6:09-14254
Fleetwood Enterprises, Inc.
Chapter 11
#1.00
Hrg on Post-Confirmation Status Conference (Cont. from 12/12/19)
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court found the status report very helpful and will inquire whether the UST has any comments on this case.
Next status conference: March 11, 2021 at 9:00 a.m. An updated status report is due February 26, 2021. COURT TO PREPARE ORDER.
Party Information
9:00 AM
CONT...
Debtor(s):
Fleetwood Enterprises, Inc.
Chapter 11
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
6:18-20687
Jack E. Commeford
Chapter 7
Adv#: 6:20-01050 Anderson v. Trujillo
#2.00
STATUS CONFERENCE re: Complaint by Karl T. Anderson against Ernest Trujillo. (Charge To Estate). ($350.00) Complaint for Approval of The Sale of Co-Owned Real Property Pursuant to § 363(h) Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h)))
(Cont. from 7/23/20)
Docket 1
*** VACATED *** REASON: Order Granting Application to continue Status Conference to 10/22/20 @ 9:00 a.m. signed and entered on 8/19/20 - jc
Tentative Ruling:
- NONE LISTED -
Party Information
Debtor(s):
Jack E. Commeford Represented By Keith Q Nguyen
Defendant(s):
Ernest Trujillo Represented By Scott Talkov
Plaintiff(s):
Karl T. Anderson Represented By Robert P Goe
Rafael R Garcia-Salgado
Trustee(s):
Karl T Anderson (TR) Represented By Robert P Goe
9:00 AM
6:20-14663
PAL Distribution Inc
Chapter 11
#3.00
Hrg. on Subchapter V Status Conference
Docket 0
Tentative Ruling:
TELEPHONIC APPEARANCES REQUIRED.
The Court will inquire into the Debtor's compliance with UST guidelines and requirements.
The Court will ask the Debtor why this case should not be converted to Chapter 7 as a result of the unauthorized use of cash collateral and the payment of prepetition wage claims without Court approval.
Party Information
Debtor(s):
PAL Distribution Inc Represented By
M. Jonathan Hayes Matthew J Negrin
Trustee(s):
Caroline Renee Djang (TR) Represented By
9:00 AM
CONT...
PAL Distribution Inc
Caroline Djang Matthew J Negrin
Chapter 11