ORDER TRANSFERRING ADVERSARY PROCEEDING NO. 2:15-AP-1426-BR TO THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, CASE No. 2:16-CV-01903 SJO, FOR ALL FURTHER PROCEEDING BARRY RUSSELL , Bankruptcy Judge . The Court held a Pre-Trial Conference in the above-captioned adversary proceeding on July 11, 2017 at 2:00 p.m. in Courtroom 1668. Wesley H. Avery, Esq. appeared on behalf of John J. Menchaca, the plaintiff and chapter 7 trustee of the estate of John Christopher O'...
NOT FOR PUBLICATION MEMORANDUM DECISION ON DEFENDANTS' AMENDED MOTION FOR COSTS PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 7068 ROBERT KWAN , Bankruptcy Judge . Pending before the court is the amended motion of Defendants FedChex, LLC ("FedChex") and FedChex Recovery, LLC ("FedChex Recovery") (collectively, "Defendants") for costs pursuant to Federal Rule of Bankruptcy Procedure 7068 ("Motion"). Electronic Case Filing Number ("ECF") 724, filed on December 16, 2016. The court...
MEMORANDUM DECISION ON OBJECTION TO CLAIM Deborah J. Saltzman , United States Bankruptcy Judge . I. Factual Background Ridgecrest Healthcare, Inc. (the "Debtor") filed a chapter 11 petition on September 16, 2013. The case was converted to chapter 7 on September 4, 2014. Howard Ehrenberg is the duly appointed chapter 7 trustee (the "Trustee"). Pre-petition, the Debtor operated a skilled nursing facility in Ridgecrest, California. On March 31, 2014, the California Department of Health...
MEMORANDUM OF DECISION FINDING THAT INDEBTEDNESS OF $454,133.56 OWED BY RONI YANI TO SARKIS AYLOZYAN WAS DISCHARGED IN YANI'S BANKRUPTCY ERNEST M. ROBLES , Bankruptcy Judge . At issue is whether indebtedness in the amount of $454,133.56, owed by Roni Yani ("Yani") to Sarkis Aylozyan ("Aylozyan") as a result of a judgment entered by the Los Angeles Superior Court, is nondischargeable on the grounds of (1) false pretenses pursuant to 523(a)(2)(A) and (2) embezzlement pursuant to 523(a)(4)....
REPORT AND RECOMMENDATION TO THE DISTRICT COURT RE ENTRY OF ORDER GRANTING PLAINTIFFS ATTORNEYS' FEES AND COSTS AS PREVAILING PARTY IN THE ADVERSARY PROCEEDING FOR DECLARATORY RELIEF UNDER THE LEASE CATHERINE BAUER , Bankruptcy Judge . Pursuant to Stern v. Marshall, 131 S.Ct. 2594 (2011), the Bankruptcy Court submits this Report and Recommendation (" Fee R&R ") to the District Court with respect to the Motion for an Order Granting Plaintiffs Attorneys' Fees and Costs as Prevailing...
NOT FOR PUBLICATION ORDER REJECTING TRUSTEE'S PROPOSED ORDER VACATING & ASSOCIATES, INC., a Nevada corporation, JUDGMENT AUTHORIZING SALE OF DWELLING ROBERT KWAN , Bankruptcy Judge . Pending before the court is a proposed order submitted by the Chapter 7 Trustee, Carolyn A. Dye, through her counsel, James A. Dumas and Christian T. Kim, of the law firm of Dumas & Kim, APC, stating "The trustee, Carolyn A. Dye, having filed an Acknowledgment of Full Satisfaction of this Court's Judgment for...
OPINION (A) GRANTING RELIEF FROM THE AUTOMATIC STAY AND (B) MAKING THAT RELIEF EFFECTIVE NOTWITHSTANDING ANY FUTURE BANKRUPTCY CASES Neil W. Bason , United States Bankruptcy Judge . This case involves an increasingly common fraud on creditors known as "hijacking." That is a scheme of issuing a grant deed purporting to transfer an interest in property from a borrower to a debtor in bankruptcy, so as to implicate the automatic stay of Section 362(a) 1 and thereby stop a foreclosure of the...
MEMORANDUM OF DECISION FINDING THAT PLAINTIFF IS ENTITLED TO JUDGMENT AGAINST DEFENDANTS IN THE AMOUNT OF $74,140,695.29 ERNEST M. ROBLES , Bankruptcy Judge . I. Introduction The Plaintiff in this matter is the Official Committee of Unsecured Creditors for Chapter 11 Debtor Liberty Asset Management Corporation. 1 On August 10, 2016, the Court approved a stipulation between Liberty Asset Management Corporation ("Liberty") and Plaintiff which granted Plaintiff derivative standing to pursue...
MEMORANDUM DECISION GRANTING APPLICATION OF EPPS & COULSON, LLP FOR RELEASE OF SALE PROCEEDS NEIL W. BASON , Bankruptcy Judge . At the above-captioned hearing this court orally granted the "Application of Epps & Coulson, LLP [`E&C'] for Release of Sale Proceeds to Epps & Coulson, LLP" (dkt. 118) over the objection of creditor Steven Roth. A written order memorializing that ruling has been entered on the docket (dkt. 134), which states that relief is granted for the reasons stated on the...
MEMORANDUM DECISION RE OBJECTION TO PROOF OF CLAIM 1-2 OF MORENO VALLEY RANCH COMMUNITY ASSOCIATION MEREDITH A. JURY , Bankruptcy Judge . BACKGROUND Debtor Jorge Serrano (debtor) filed an objection to proof of claim 1-2 (claim) filed by Moreno Valley Ranch Community Association (Association) on May 30, 2017. This claim amended claim 1-1, filed by the Association in the sum of $17,933.19, which is being paid as a secured claim in debtor's confirmed Chapter 13 Plan. The amendment added post-...
NOT FOR PUBLICATION ORDER DENYING FIRST AND FINAL FEE APPLICATION OF AOE LAW & ASSOCIATES ROBERT KWAN , Bankruptcy Judge . On December 12, 2017 at 2:30 p.m., there came before the Court for hearing the First and Final Fee Application of AOE Law & Associates ( docket no. 299 ) (the "AOE Fee Application"), the Honorable Robert N. Kwan, United States Bankruptcy Judge, presiding. Aaron E. de Leest of Danning, Gill, Diamond & Kollitz, LLP, appeared on behalf of Rosendo Gonzalez, the Chapter 7...
NOT FOR PUBLICATION ORDER SUSTAINING TRUSTEE'S OBJECTION TO MUSTAPHA SANUSI'S GENERAL UNSECURED CLAIM [OFFICIAL CLAIM NO. 15] AS UNTIMELY, OR IN THE ALTERNATIVE, ALLOWED SUBORDINATE TO FILED, ALLOWED CLAIMS [OFFICIAL DOCKET NO. 72] ROBERT KWAN , Bankruptcy Judge . The objection of Rosendo Gonzalez, the Chapter 7 trustee in this bankruptcy case (the "Trustee"), to Mustapha Sanusi's general unsecured claim ("Sanusi's Claim")[Official Claim No. 15] as untimely, or in the alternative, allow...
NOT FOR PUBLICATION ORDER DENYING MOTION FOR ORDER AUTHORIZING ABANDONMENT OF PROBATE ACTION AND THE ESTATE'S INTEREST IN REAL PROPERTY PURSUANT TO 11 U.S.C. 554 [No Hearing Required Pursuant to Local Bankruptcy Rule 9013-1(o)] ROBERT KWAN , Bankruptcy Judge . On December 5, 2017, at 2:30 p.m. in Courtroom 1675 of the United States Bankruptcy Court located at 255 E. Temple Street, Los Angeles, California, the Motion for Order Authorizing Abandonment of Probate Action and the Estate's...
MEMORANDUM OF DECISION FINDING THAT DEFENDANT'S IN-DEBTEDNESS TO PLAINTIFFS, IN THE AMOUNT OF $28,500, IS EXCEPTED FROM DISCHARGE Ernest M. Robles , United States Bankruptcy Judge . I. Introduction Plaintiffs Linda Strause, David Strause, and Colin Strause contend that Defendant Arto Atmadjian is liable in the amount of $29,500 for making false representations, engaging in embezzlement, and inflicting willful and malicious injury in connection with jewelry transactions between...
SUPPLEMENTAL MEMORANDUM OF DECISION GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IN PART (Dkt. 311) Geraldine Mund , United States Bankruptcy Judge . Defendants SunCal Management, LLC ("SCM") and Argent Management, Inc. ("Argent" and, with SCM, the "Defendants") brought a motion for summary judgment (dkt. 311; the "MSJ") on the first claim for relief (Breach of Contract) and the second claim for relief (Unjust Enrichment and/or Restitution) by plaintiff Stephen M. Speier (the "...
ORDER GRANTING PLAINTIFF CHICAGO TITLE INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT FRBP 7056 MARK HOULE , Bankruptcy Judge . ORDER Plaintiff and creditor Chicago Title Insurance Company's ("Plaintiff") Motion For Summary Judgment ("Motion") against defendant and debtor Yolanda Yvette Tyes a.k.a. Yolanda Tyes ("Defendant") came on for hearing before the Court on November 15, 2017, at 2:00 p.m., the Honorable Mark Houle, Bankruptcy Judge, presiding. Defendant filed no opposition and...
NOT FOR PUBLICATION ORDER ON DEFENDANT'S MOTION TO DISMISS AND NOTICE OF FURTHER STATUS CONFERENCE ROBERT KWAN , Bankruptcy Judge . On November 14, 2017, Defendant SHARON KELLY'S motion to dismiss came on for hearing before the Hon. ROBERT KWAN. Defendant was represented by RICHARD BAUM. Plaintiff MARK P. GROSS was represented by GARY A. STARRE of STARRE & COHN, APC. After argument and submission, it is hereby ordered as follows: 1. The Court adopts its Tentative Ruling, copy attached...
NOT FOR PUBLICATION MEMORANDUM DECISION ON MOTION OF GEORGE GREGORY GAN AND DEBRA GAN-MILLER FOR RELIEF FROM AUTOMATIC STAY ROBERT N. KWAN , Bankruptcy Judge . This bankruptcy case came on for hearing on November 7, 2017 before the undersigned United States Bankruptcy Judge on the motion of George Gregory Gan and Debra Gan-Miller for relief from the automatic stay. Ori Blumenfeld, of the Law Offices of Michael Jay Berger, appeared for movants. Todd M. Arnold, of the law firm of Levene,...
FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER TRIAL Maureen A. Tighe , United States Bankruptcy Judge . FINDINGS OF FACT AND CONCLUSIONS OF LAW Trial in the above-captioned adversary action took place October 2-4, 2017. Plaintiff Yahalomey Paz Israel, G.P. dba/aka Paz Diamonds Israel, an Israel general partnership ("Plaintiff," "Paz Israel," or "Paz") was represented by Nico N. Tabibi, Esq. of the Law Offices of Nico N. Tabibi, APC and Defendant Oded Wolf, Debtor herein ("Defendant," "...
MEMORANDUM DECISION AND ORDER OVERRULING DEBTOR'S MOTION FOR ORDER DISALLOWING CLAIM MARK HOULE , Bankruptcy Judge . BACKGROUND: On January 28, 2017, Miriam Preisendanz ("Debtor") filed a Chapter 13 voluntary petition. Debtor's Chapter 13 plan was confirmed on March 15, 2017. On May 16, 2017, American Express Bank, FSB ("American Express") filed an unsecured claim in the amount of $11,316.57 ("Claim 10"). On July 22, 2017, Debtor filed an objection to Claim 10, on the basis that the...
