MEMORANDUM DECISION AFTER TRIAL THOMAS B. DONOVAN, Bankruptcy Judge. INTRODUCTION Plaintiff Alberta P. Stahl, in her capacity as the chapter 7 trustee for the bankruptcy estate of Modtech Holdings, Inc. (Modtech or Debtor), seeks to avoid alleged preferential transfers made to Whelan Electric, Inc. (Defendant or Whelan). At the time of the transfers, Modtech was a contractor for various California school districts. Modtech subcontracted with Defendant to provide work, labor and materials to...
OPINION MERIDETH A. JURY, Bankruptcy Judge. CITY OF SAN BERNARDINO ELIGIBILITY OPINION A major creditor of the City of San Bernardino, the California Public Employee Retirement System, objected to the eligibility of the City to file a petition under chapter 9 1 of the Bankruptcy Code on the grounds that it did not desire to effect a plan of adjustment and did not file the petition in good faith. The Court recognizes that the City was not a poster child in organization and prepetition...
ORDER DENYING PLAINTIFF'S MOTION TO PROPERLY APPLY COURT'S STATEMENT OF DECISION GRANTING DEFENDANT'S FEES AND COSTS ROBERT KWAN, Bankruptcy Judge. Plaintiff's Motion to Properly Apply the Court's Statement of Decision Granting Defendant's Fees and Costs came on regularly for hearing on October 8, 2013, at 2:30 p.m. in courtroom 1675 of the above entitled court. Martin Pemstein, moving party, appeared in person. Christopher L. Blank, attorney for Defendant, Harold Pemstein appeared by phone....
FINDINGS OF FACT AND CONCLUSIONS OF LAW GRANTING EXB'S MOTION FOR RELIEF FROM STAY THOMAS B. DONOVAN, Bankruptcy Judge. On August 28, 2013, at 9:00 a.m. in Courtroom 1345 of the United States Bankruptcy Court located at 255 East Temple Street, Los Angeles, CA, the continued hearing on EXB Holdings 2, LLC's, a California Limited Liability Company, as successor in interest to EH NATIONAL BANK, f/k/a/ EXCEL NATIONAL BANK's ("EXB") Motion for Relief from Stay ("Motion") came on for hearing....
MEMORANDUM DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT IN ADVERSARY PROCEEDING AND ON TRUSTEE'S OBJECTION TO DEBTORS' CLAIM OF EXEMPTION IN MAIN BANKRUPTCY CASE ROBERT KWAN, Bankruptcy Judge. The disputes between the parties, Stephanie F. Berry ("Berry") and Jeffrey Scott Trawick ("Debtors"), and Richard K. Diamond, the Chapter 7 Trustee ("Trustee"), arising from Trustee's adversary proceeding seeking turnover of certain assets of Debtors claimed as exempt and from the contested matters of...
AMENDED SUPPLEMENTAL MEMORANDUM DECISION RE: PLAINTIFF'S MOTION FOR ENTRY OF JUDGMENT AND ANDRA SACHS DEFENDANTS' MOTION FOR RELIEF FROM ORDERS PURSUANT TO FED. R. CIV. P. 60 ROBERT KWAN, Bankruptcy Judge. In the original Memorandum Decision re: Plaintiff's Motion for Entry of Judgment and Andra Sachs Defendants' Motion Pursuant to Fed.R.Civ.P. 60, filed and entered on March 5, 2013 as Docket No. 634, the court ruled that it would grant the motion of defendants Andra Sachs, Ashby Enterprises...
MEMORANDUM DECISION AND ORDER DENYING IN PART AND GRANTING IN PART THE CHAPTER 7 TRUSTEE'S OBJECTION TO DEBTOR'S AMENDED CLAIMS OF EXEMPTION SCOTT C. CLARKSON, Bankruptcy Judge. A hearing on Chapter 7 Trustee's Objection to the Debtor's Amended Claims of Exemption filed on May 6, 2013 [Docket No. 29], took place on June 19, 2013, at 11:00 a.m. in Video Hearing Room 126, located at 3420 Twelfth Street, Santa Ana, CA 92501 and Courtroom 5C, located at 411 W Fourth Street, Santa Ana, CA 92701....
STATEMENT OF DECISION ON EMERGENCY MOTION OF FOREIGN REPRESENTATIVE FOR IMPLEMENTATION OF PROVISIONAL STAY UNDER 11 U.S.C. 105, 362, AND 1519 ROBERT KWAN, Bankruptcy Judge. The above-captioned case under Chapter 15 of the Bankruptcy Code, 11 U.S.C., came on for hearing on June 17, 2013 before the undersigned United States Bankruptcy Judge on the Emergency Motion of Foreign Representative for Implementation of Provisional Stay under 11 U.S.C. 105, 362 and 1519, filed on June 12, 2013....
MEMORANDUM DECISION DENYING TRUSTEE'S MOTION FOR TURNOVER OF PROPERTY OF ESTATE AND SURCHARGE OF DEBTORS' EXEMPT ASSETS SHERI BLUEBOND, Bankruptcy Judge. Chapter 7 trustee John J. Menchaca (the "Trustee") moved for turnover of $113,802.13 from debtors James Grove Seely, III and Gabriela Paul (jointly, the "Debtors"), representing $58,259.16 in nonexempt cash that was on hand as of the petition date (the "Prepetition Cash") plus an additional $55,542.98 in nonexempt cash that the Debtors...
ORDER AND OPINION ON/RE OBJECTION TO PROOF OF CLAIM NO. 520-1 [DOCKET NO. 1383] CLAIM OBJECTION FILED: MARCH 29, 2013 AS DK. NO. 1383. SCOTT C. CLARKSON, Bankruptcy Judge. Before the Court is an Objection to Claim of South Motors Suzuki, Inc. (Proof of Claim No. 520-1 the) (the "Claim Objection") arising from damages resulting from the Debtor's rejection of an executory automobile dealership sales and service agreement. The Court concludes as follows: South Motors Suzuki, Inc. ("South...
AMENDED MEMORANDUM OF DECISION RE: (1) PLAINTIFF IMAGINE FULFILLMENT SERVICES, LLC'S MOTION FOR PARTIAL SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF FACTS, AND (2) DEFENDANT DC MEDIA CAPITAL, LLC'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO SECOND AND FIFTH AFFIRMATIVE DEFENSES JULIA W. BRAND, Bankruptcy Judge. Before the Court are (1) Plaintiff Imagine Fulfillment Services, LLC's ("Plaintiff" or "IFS") Motion for Partial Summary Judgment, or in the Alternative, Summary...
REDACTED MEMORANDUM OF OPINION REGARDING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [DOCKET NUMBER 62] GERALDINE MUND, Bankruptcy Judge. Defendants Andrews Kurth LLP, Michael D. Jewesson & Jon L. Dalberg ("Defendants") bring this motion for summary judgment ("MSJ") on grounds of in pari delicto. Background Although the parties have a filed a significant amount of paper disputing what are "uncontroverted facts", most of the essential factual background for this motion is not in dispute:...
COURT'S TENTATIVE RULING ON "MOTION FOR PARTIAL SUMMARY JUDGEMENT" (DOCKET #96) WHICH WAS ADOPTED AS THE COURT'S FINAL RULING AT THE HEARING SANDRA R. KLEIN, Bankruptcy Judge. The Court's tentative ruling issued on October 2, 2013 was adopted as the Court's final ruling following the October 3, 2013 hearing on the above-captioned motion. A copy of the tentative ruling is attached hereto. ATTACHMENT 10/3/13 Before the Court is the Chapter 11 Trustee's "Motion for Partial Summary Judgment" (...
