AMENDED MEMORANDUM DECISION REGARDING EMPLOYMENT OF ENTERPRISE COUNSEL GROUP ALC NEIL W. BASON, Bankruptcy Judge. The above-captioned debtors, Sonya D. International, Inc. ("SDI") and Hazlaha, LLC ("Hazlaha"), have general bankruptcy counsel and now seek to employ additional counsel, Enterprise Counsel Group ALC ("Enterprise"), to represent them ongoing litigation known as the "Constructive Trust Litigation." 1 That litigation is related to the divorce of Sonya Dakar ("Sonya") (Case No. 2:...
MEMORANDUM OF OPINION REGARDING MOTION TO DISALLOW THE CLAIM OF ERIKA SJOQUIST [DOCKET 99], MOTION TO COMPEL TRUSTEE TO ABANDON [DOCKET 102], AND MOTION TO COMPROMISE [DOCKET 108] GERALDINE MUND, Bankruptcy Judge. Background This litigation centers on a note (the "Note") and other contract rights that the debtor ("Debtor" or "Robert") received on account of the sale of his business in 2001. Debtor and his wife ("Erika") divorced in 2007 and Debtor assigned the payments from the Note to...
MEMORANDUM DECISION RE ADVERSARY COMPLAINT AND COUNTERCLAIM ROBERT N. KWAN, Bankruptcy Judge. This adversary proceeding came on for trial before the undersigned United States Bankruptcy Judge on April 6, 2012. D. Edward Hays, of the law firm of Marshack Hays LLP, appeared for plaintiff and counterclaim-defendant Charles W. Daff, Chapter 7 Trustee of the bankruptcy estate of Catherine Cass. David B. Dimitruk, Attorney at Law, appeared for defendants and counterclaimants James Wallace, Rebecca...
MEMORANDUM OF OPINION REGARDING THE TREATMENT AND VALUATION OF THE CLAIM OR INTEREST OF THE MINORITY VOTING TRUST [DOCKET 592] GERALDINE MUND, Bankruptcy Judge. This valuation arises from a dissolution action of the Debtor corporation. Pursuant to Cal. Corp.Code 2000, on November 21, 2008, after extensive litigation, the Superior Court entered a value of the Minority Voting Trust's interest (hereafter "Minority") in the amount of $4,906,475, plus interest to the date of judgment for a...
MEMORANDUM DECISION RE TRUSTEE'S MOTION TO DISMISS BANKRUPTCY CASE DEBORAH J. SALTZMAN, Bankruptcy Judge. Before the court is the motion (the "Motion," docket no. 26) filed by Wesley H. Avery, the chapter 12 trustee (the "Trustee"), to dismiss this case because the debtors are not eligible for relief under chapter 12. The Bank of New York Mellon Trust Company, N.A. ("Mellon"), a creditor of the debtors, supports the Motion. Robert DeGour and Lynn Randle (the "Debtors") oppose the Motion....
MEMORANDUM DECISION RE: ADVERSARY COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT PURSUANT TO 11 U.S.C. 523(a)(4) AND (a)(6), AND OBJECTION TO DISCHARGE PURSUANT TO 11 U.S.C. 727(a)(2)(A) AND 727(a)(3) ROBERT N. KWAN, Bankruptcy Judge. The above-captioned adversary proceeding came on for a trial before the undersigned United States Bankruptcy Judge on November 30, 2011 and April 10, 2012 on the complaint of plaintiff Harold Pemstein for determination of dischargeability of debt and...
MEMORANDUM DECISION RE MOTION FOR RELIEF FROM THE AUTOMATIC STAY UNDER 11 U.S.C. 362(d)(4) ROBERT N. KWAN, Bankruptcy Judge. This case presents a question of whether relief from the automatic stay may be granted under 11 U.S.C. 362(d)(4) without any showing that the debtor actually participated in a "scheme to delay, hinder, or defraud creditors." For the reasons stated below, the court answers this question in the affirmative. This matter initially came on for hearing before the...
MEMORANDUM DECISION GRANTING IN REM RELIEF FROM THE AUTOMATIC STAY NEIL W. BASON, Bankruptcy Judge. A hearing was held at the above-referenced time and place on the motion of Ocean II, LLC (the "Movant") for relief from the automatic stay (dkt. 95) (the "Motion") and other papers filed in relation thereto (dkt. 116 and 127). Appearances were as noted on the record. Based on (i) the foregoing papers, (ii) the bankruptcy schedules ("Schedules") and Statement Of Financial Affairs ("SOFA")...
MEMORANDUM OF DECISION REGARDING SINGLE ASSET REAL ESTATE DETERMINATION ERNEST M. ROBLES, Bankruptcy Judge. The Court hereby decides the City of West Covina's and City of West Covina Community Development Commission's (jointly the "City") motion for a determination that the holdings of Hassen Imports Partnership (the "Debtor") constitute a "single asset real estate" as that term is defined by 11 U.S.C. 101(51B). 1 See D.E. 54. In the motion, the City argued that Debtor's properties...
