MEMORANDUM DECISION ON "ISSUE 1" RELATED TO WHETHER IRS CLAIM IS A COMMUNITY CLAIM NEAL W. BASON , Bankruptcy Judge . I. INTRODUCTION Tax debts that arise during marriage are "community claims" in bankruptcy parlance, and they are payable from community property. In this case the debtor's wife argues that her interest in community property somehow ceased to be liable for those tax debts because, after she separated from the debtor, he entered into a settlement with the Internal Revenue...
MEMORANDUM OF DECISION AFTER TRIAL ON (i) COUNT IV OF THE COMPLAINT; AND (ii) COUNT I OF THE AMENDED COUNTERCLAIM RICHARD M. NEITER, Bankruptcy Judge. INTRODUCTION Bradley Sharp, as Liquidating Trustee of the Liquidating Trust of Vineyard National Bancorp (" Plaintiff "), commenced this action on May 5, 2010 raising five claims for relief that seek to disallow the claim of Defendant and Counter-Plaintiff FDIC-R (" Defendant " or " FDIC-R "), as receiver for Vineyard Bank, N.A. (" Bank "),...
FINDING OF FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER GRANTING CHAPTER 7 TRUSTEE'S MOTION FOR SUMMARY ADJUDICATION OF THIRD CLAIM FOR RELIEF [DOCKET NO. 7] BARRY RUSSELL , Bankruptcy Judge . Plaintiff/Movant David M. Goodrich, Chapter 7 Trustee's ("Trustee") Motion for Summary Adjudication of Third Claim for Relief ("Motion") filed as Docket No. 7 came on hearing on September 23, 2014, before the Honorable Barry Russell, United States Bankruptcy Judge, presiding, Trustee, appeared...
MEMORANDUM DECISION ON MOTION OF AERC DESMOND'S TOWER LLC TO: (1) COMPEL IMMEDIATE PAYMENT BY DEBTOR OF OUTSTANDING OBLIGATIONS TO LANDLORD PURSUANT TO 11 U.S.C. 365(d)(3); (2) MODIFY ADEQUATE PROTECTION ORDER BASED ON DEBTOR'S CONTEMPT OF COURT AND OTHER DEVELOPMENTS SUBSEQUENT TO ITS ENTRY ROBERT KWAN , Bankruptcy Judge . The contested matter of the motion of AERC Desmond's Tower, LLC ("Landlord") to: (1) compel immediate payment by Art and Architecture Books of the 21st Century ("...
MEMORANDUM DECISION ON VARIOUS MOTIONS OF DEBTOR AND CREDITOR LLOYDS TSB BANK PLC ROBERT KWAN, Bankruptcy Judge. Pending before the court are various motions by Debtor Domum Locis LLC ("Debtor") and Creditor Lloyds TSB Bank plc ("Lloyds") in the main bankruptcy case and in the adversary proceeding brought by Debtor against Lloyds, which were set for hearing on October 22, 2014. The court has found that because the material facts necessary to resolve these motions are not in dispute, there is...
AMENDED MEMORANDUM OF OPINION ON DEBTORS' MOTION OBJECTING TO SECURED CLAIM OF CALIFORNIA BANK & TRUST GERALDINE MUND , Bankruptcy Judge . One of the principal issues in this case is the amount of the secured claim of California Bank & Trust (CB & T), specifically the sum of attorneys' fees to which the bank is entitled. So that the Debtors could have an approximate figure to us in their disclosure statement and for purposes of refinancing, the Court prepared a Partial Ruling on Debtors'...
MEMORANDUM DECISION ON DEBTOR'S REQUEST FOR RELIEF FROM FORFEITURE AND ON DEBTOR'S MOTION TO ASSUME THE MASTER LEASE ON PREMISES AT 5500 WILSHIRE BOULEVARD, LOS ANGELES, CALIFORNIA ROBERT KWAN, Bankruptcy Judge. The above-captioned bankruptcy case came on for trial before the undersigned United States Bankruptcy Judge on April 23, May 7 and 14, 2014, pursuant to the judgment of the United States District Court for the Central District of California (the "District Court Judgment"), entered on...
MEMORANDUM OF DECISION RE: MOTION FOR RECONSIDERATION MAUREEN A. TIGHE, Bankruptcy Judge. On February 2, 2011, Dr. William Ginzburg ("Debtor" or "Dr. Ginzburg") commenced his voluntary petition (the "Bankruptcy Case") under Chapter 11 of title 11 of the United States Code (the "Bankruptcy Code"). On October 5, 2011, the case was converted to Chapter 7 ("Conversion-Order"). David K. Gottlieb was appointed as the Trustee (the "Trustee"). On July 19, 2012, the Trustee filed adversary...
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING HEARING ON PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT 665 33RD STREET LLC AND RECOMMENDATION TO THE DISTRICT COURT BARRY RUSSELL, Bankruptcy Judge. On July 1, 2014, at 10:00 a.m., in the above captioned adversary proceeding (the "Adversary Proceeding"), the Court heard and considered the Motion for Entry of Default Judgment Against Defendant 665 33rd Street LLC (the "Motion") ( docket no. 57 ), filed by plaintiff Brad D....
MEMORANDUM OF DECISION RE: TRIAL ON SECOND AMENDED COMPLAINT FOR: EXCEPTION TO DISCHARGE OF DEBT PURSUANT TO 11 U.S.C. 523(a)(2), (a)(4), AND (a)(19) MAUREEN A. TIGHE, Bankruptcy Judge. Plaintiff Michael Williams (the "Plaintiff" or "Williams") has brought a nondischargeability action against Debtor Rumio Sato (the "Defendant" or "Sato"), claiming that Sato committed fraud in soliciting his investment in a real estate development project in 2006. As discussed below, the Court finds that...
MEMORANDUM OF DECISION RE MOTION FOR CLARIFICATION OF CHAPTER 13 CONFIRMATION ORDER MEREDITH A. JURY, Bankruptcy Judge. In January 2007, state court litigation (the Litigation) commenced between the Estate of Erin Elizabeth Wilson (the Estate) and Susanne Christensen (Christensen) as plaintiffs (referred to collectively herein as Movants) and Debtor Sonja May Gonzales (Debtor), Clifford Brace (Brace) and others regarding title to certain real property in Apple Valley, California (the Real...
MEMORANDUM DECISION PETER H. CARROLL, Bankruptcy Judge. Before the court are two motions filed by creditor, Fred Kayne ("Kayne"): (1) Motion by Judgment Creditor Fred Kayne for Relief from the Automatic Stay under 11 U.S.C. 362 (Action in Non-Bankruptcy Forum) ("Kayne's Stay Relief Motion"); and (2) Motion by Judgment Creditor Fred Kayne for Entry of Order Dismissing Debtors' Chapter 11 Cases ("Kayne's Dismissal Motion"). Debtors, Raphael Mense ("Mense") and Cottonsmith, LLC ("Cottonsmith")...
MEMORANDUM OF DECISION AFTER TRIAL ERNEST M. ROBLES, Bankruptcy Judge. On October 2, 15 and 31, 2013, the Court conducted a trial in this adversary proceeding. Appearances were as set forth on the record. On the last day of trial, the Court ordered closing briefs to be filed by January 3, 2014, and took the matter under submission as of that date. However, at a hearing on February 4, 2014, the Court granted the Motion for Order Striking Defendants' Untimely Post-Trial Brief filed by Robert...
AMENDED MEMORANDUM OF DECISION DENYING CONFIRMATION OF CHAPTER 11 PLAN AND GRANTING RELIEF OF STAY THEODOR C. ALBERT, Bankruptcy Judge. The debtors are some 31 affiliated limited liability companies, each of which own undivided tenancies in common (collectively "debtor TICs") in the property commonly known as 11720 and 11800 Amber Park Drive, Alpharetta, Georgia ("the property"). The property is improved by office buildings which have been partially leased. The debtor TICs each hold a...
MEMORANDUM OF DECISION RE PLAINTIFF'S MOTION TO ALTER OR AMEND MEMORANDUM OF DECISION AFTER TRIAL AND JUDGMENT (D.E. 108) ERNEST M. ROBLES, Bankruptcy Judge. On March 8, 2012, Robert Mitelhaus ("Plaintiff") initiated an adversary proceeding by filing a complaint seeking a determination that certain debts be held non-dischargeable as to Roxanna Ramey ("Ramey") and Mark Jenkins ("Jenkins") (collectively, the "Debtors" or "Defendants"). (D.E. 1.) The Court conducted a three day trial on...
