ORDER GRANTING PARTIES' JOINT STIPULATION OF VOLUNTARY DISMISSAL OF ACTION WITH PREJUDICE MICHAEL W. FITZGERALD , District Judge . The Court, having received and reviewed the Parties' Joint Stipulation of Voluntary Dismissal of Action With Prejudice, the Parties having reported to the Court that the Parties have executed and consummated a comprehensive settlement agreement and general releases of the claims among them, and good cause appearing, IT IS HEREBY ORDERED THAT this action is...
ORDER ON STIPULATION TO DISMISS ACTION WITH PREJUDICE MANUEL L. REAL , District Judge . ORDER: FOR GOOD CAUSE APPEARING, THE FOLLOWING IS HEREBY ORDERED: 1. The entire action is hereby dismissed with prejudice; and 2. Plaintiff and Defendants will each bear their respective costs and attorneys' fees as incurred against one another in connection with this action. SO STIPULATED.
MEMORANDUM OF DECISION OVERRULING OBJECTIONS OF THE CALIFORNIA ATTORNEY GENERAL TO THE DEBTORS' SALE MOTION Ernest M. Robles , United States Bankruptcy Judge . To adjudicate objections asserted by the California Attorney General (the "Attorney General") to the Debtors' motion for authorization to sell Saint Louise Regional Hospital ("St. Louise") and O'Connor Hospital ("O'Connor," and together with St. Louise, the "Hospitals") to the County of Santa Clara ("Santa Clara"), the Court ordered...
MEMORANDUM DECISION AND ORDER GRANTING MOTION TO DISMISS ADVERSARY PROCEEDING Mark Houle , United States Bankruptcy Judge . I. PROCEDURAL BACKGROUND On January 26, 2018, Markus Boyd ("Debtor" or "Plaintiff") filed a Chapter 11 voluntary petition. On Schedule A, Debtor listed certain real property located at 5522 Deer Creek Ln., Rancho Cucamonga, CA 91737 (the "Property"), and valued the Property at $1,608,699.00. On Schedule C, Debtor claimed an exemption in the Property in the...
MEMORANDUM DECISION AND ORDER ON ORDER TO SHOW CAUSE WHY MICHAEL ROENNAU SHOULD NOT BE HELD IN CIVIL CONTEMPT OF COURT FOR VIOLATING THE DISCHARGE INJUNCTION Mark S. Wallace , United States Bankruptcy Judge . FACTUAL BACKGROUND Katherine L. Torres ("Ms. Torres") formed Le Pop Shop, LLC, a California limited liability company ("Le Pop Shop"), on March 8, 2013. 1 Le Pop Shop was engaged in the business of owning and operating a bakery manufacturing and selling (both locally and across...
NOT FOR PUBLICATION SEPARATE STATEMENT OF DECISION ON TRUSTEE'S MOTION OBJECTING TO DEBTOR'S CLAIMED PERSONAL PROPERTY EXEMPTIONS ROBERT KWAN , Bankruptcy Judge . By separate order, the court grants the motion of Wesley H. Avery, Chapter 7 Trustee, objecting to the personal property exemptions of Debtor Fred Matthew Adelman, which was heard before the court on December 4, 2018. D. Edward Hays, of the law firm of Marshack Hays LLP, appeared for the Trustee. No other appearances were made...
MEMORANDUM OF OPINION GRANTING NONDISCHARGEABLE JUDGMENT PURSUANT TO 11 U.S.C. 523(a) GERALDINE MUND , Bankruptcy Judge . Plaintiff ZB, N.A. dba California Bank & Trust ("Plaintiff" or "CB&T") filed this adversary proceeding against John and Susan Licursi ("Defendants," "Debtors," or the "Licursis" and individually "John" and "Susan"). CB&T seeks a non-dischargeable judgment under 11 U.S.C. 523(a). On July 12, 2017, the Court granted summary judgment on liability as to Susan under 523(a)...
[CORRECTED SECOND AMENDED] STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW ROBERT KWAN , Bankruptcy Judge . UNCONTROVERTED FACTS The following facts are uncontroverted. 1. On December 13, 2013, Jose L. Dumas filed a Second Amended Complaint ("the SAC") in the case of Jose L. Dumas v. Anthony C. Wells, et al., Superior Court of California, County of Los Angeles, Case No. BC 451348. ("The Action"). A true and correct copy of the SAC was filed herein on July 6, 2018, as Exhibit 1...
Order on Seventh Stipulation to Continue Pretrial Conference MARK S. WALLACE , Bankruptcy Judge . The Court, having considered that certain Seventh Stipulation to Continue Pretrial Conference " (the " Stipulation ") entered into by and between Merchant Cash & Capital, LLC, the defendant in the above-captioned adversary proceeding (the " Adversary Proceeding "), on the one hand, and Todd A. Frealy, Chapter 7 Trustee for the bankruptcy estate of BioData Medical Laboratories, Inc., the...
NOT FOR PUBLICATION ORDER DENYING DEBTOR'S AMENDED EMERGENCY MOTION FOR A MINIMUM 14 DAY CONTINUANCE OF THE HEARING DATE AND RESPONSIVE PLEADINGS OF THE TRUSTEE'S MOTION OBJECTING TO DEBTOR'S CLAIMED EXEMPTIONS ROBERT KWAN , Bankruptcy Judge . Pending before this court is the Amended Emergency Motion for a Minimum 14 Day Continuance of the Hearing Date and Responsive Pleadings of the Trustee's Motion Objecting to Debtor's Claimed Exemptions ("Motion"), filed on November 19, 2018 (Docket...
ORDER DENYING MOTION TO AVOID LIEN UNDER 11 USC 522(f) WITH AMERICAN EXPRESS BANK, FSB IN THAT NO LIEN CAN ATTACH GERALDINE MUND , Bankruptcy Judge . Larissa Kenney ("Debtor") filed this voluntary chapter 7 bankruptcy on February 15, 2010. A discharge was entered on June 7, 2010 and the case was closed on June 15, 2010. Debtor brought a motion to reopen this case on September 14, 2018 (Doc. No. 16) for purposes of filing a lien avoidance motion against American Express Bank, FRB ("...
ORDER ON DEBTOR'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND/OR PRIVILEGE LOG ROBERT KWAN , Bankruptcy Judge . On September 4, 2018, the Court heard argument on Sandra Bodeau's (Debtors) Motion to Compel Oggi's Pizza and Brewing Company (Plaintiffs) to provide further responses to Debtor's First Set of Requests for Production. After considering the papers filed in support of and in opposition to the Motion, and good cause appearing therefore, THE COURT HEREBY ORDERS: The Court's...
MEMORANDUM OF DECISION (1) GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO CONTINUE TRIAL, (2) VACATING HEARING ON DEFENDANT'S MOTION, AND (3) VACATING TRIAL SET FOR NOVEMBER 16, 2018 ERNEST M. ROBLES , Bankruptcy Judge . The Ex Parte Application for Order to Continue Trial Until December 19, 2018, or, in the Alternative, Ex Parte Application for Order Shortening Time to Hear Motion [Doc. No. 289] (the "Motion") filed by MBN Real Estate Investments, LLC ("MBN") has...
NOT FOR PUBLICATION ORDER DENYING DEBTOR'S MOTION FOR LEAVE OF COURT TO FILE CLAIMS AGAINST VARIOUS PARTIES ROBERT KWAN , Bankruptcy Judge . A hearing on Debtor Arturo Gonzalez's Motion for Leave of Court to File Claim in Civil Court Against Discover, Unify Credit Union fka Western Federal Credit Union, Broker Pinnacle Estate Properties Broker for Richard Pena, Broker Cal American Homes Broker for Aaron Juarez, International City Mortgage, Gregory Wells, and Carlos C. Farfan the Buyer...
NOT FOR PUBLICATION ORDER DENYING DEBTOR'S MOTION FOR LEAVE OF COURT TO FILE CLAIMS AGAINST VARIOUS PARTIES ROBERT KWAN , Bankruptcy Judge . A hearing on Debtor Arturo Gonzalez's Motion for Leave of Court to File Claim in Civil Court Against Discover, Unify Credit Union fka Western Federal Credit Union, Broker Pinnacle Estate Properties Broker for Richard Pena, Broker Cal American Homes Broker for Aaron Juarez, International City Mortgage, Gregory Wells, and Carlos C. Farfan the Buyer...
NOT FOR PUBLICATION SEPARATE STATEMENT OF DECISION ON DENIAL OF DEFENDANT'S MOTION TO SET ASIDE DEFAULT JUDGMENT ROBERT N. KWAN , Bankruptcy Judge . By separate order, the court denies the motion of Defendant Wladimir Klimenko to set aside default judgment in this adversary proceeding. The court denies the motion for the reasons stated on the record at the hearing on the motion on October 23, 2018 and in its tentative ruling issued on the motion and posted on the court's website before...
MEMORANDUM OF DECISION DENYING MOTION TO RECONSIDER [No hearing required pursuant to Federal Rule of Civil Procedure 78(b) and Local Bankruptcy Rule 9013-1(j)(3)] ERNEST M. ROBLES , Bankruptcy Judge . Peter Rudinskas ("Rudinskas") and Claire Levine (the "Debtor") (collectively, "Movants") move for reconsideration (the "Motion to Reconsider") 1 of the Order Granting Motion for Relief from the Automatic Stay Under 11 U.S.C. 362 [Doc. No. 650] (the "RFS Order"). Pursuant to Civil Rule 78(...
NOT FOR PUBLICATION MEMORANDUM DECISION ON DEBTOR'S MOTION FOR ISSUANCE OF ORDER DIRECTING CAROL MILNER AND HAROLD J. LIGHT, ESQ. TO SHOW CAUSE WHY THEY SHOULD NOT BE HELD IN CONTEMPT (FRBP 9020); AND FOR DAMAGES AND ATTORNEYS' FEES FOR INTENTIONALLY VIOLATING THE PERMANENT DISCHARGE INJUNCTION ROBERT N. KWAN , Bankruptcy Judge . This contested matter of the Motion of Debtor Crystal Cathedral Ministries ("Debtor") for Issuance of Order Directing Carol Milner ("Milner") and Harold J....
MEMORANDUM DECISION AND ORDER WALLACE , Bankruptcy Judge . This matter is before the Court on a corporate debtor's motion to dismiss an involuntary chapter 11 petition filed against it by three, and later four, alleged creditors. The Court has subject matter jurisdiction over this proceeding pursuant to 28 U.S.C. 1334 and General Order 13-05, filed July 1, 2013, of the United States District Court for the Central District of California. This is a core proceeding under 28 U.S.C. 157(b)(...
NOT FOR PUBLICATION ORDER DENYING WITHOUT PREJUDICE CHAPTER 7 TRUSTEE'S MOTION FOR ORDER AUTHORIZING 1) ABANDONMENT AND DESTRUCTION OF OLD PATIENT FILES; AND 2) PAYMENT BY THE ESTATE OF THE COSTS OF DESTRUCTION FOR LACK OF SHOWING OF COMPLIANCE WITH PROCEDURES FOR DISPOSITION OF PATIENT RECORDS UNDER 11 U.S.C. 351(1), (2) AND (3) [Relates to Docket No. 9] ROBERT KWAN , Bankruptcy Judge . The Notice of and "Motion for an Order Authorizing (1) the Abandonment and Destruction of Old...
