ORDER DENYING MOTION OF ALLIANCE UNITED INSURANCE COMPANY TO DISMISS BANKRUPTCY CASE ROBERT KWAN , Bankruptcy Judge . On March 10, 2020, at 2:30 p.m., there came before the Court for hearing the "Cross-Motion" to Dismiss Involuntary Bankruptcy Case (docket nos. 53, 54 and 55) (the "Motion to Dismiss") filed by Alliance United Insurance Company ("Alliance United") on or about February 11, 2020. Eric P. Israel and Sonia Singh of Danning, Gill, Israel & Krasnoff, LLP appeared for Brad D....
ORDER DENYING DEFENDANT DANNIEL DE LA MADRID'S MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS UNDER 28 U.S.C. 753(f) and 1915 [No hearing] SHERI BLUEBOND , Bankruptcy Judge . On March 12, 2020, Danniel de la Madrid ("Appellant"), the defendant and judgment debtor in the above adversary proceeding, filed a motion entitled, "Motion and Affidavit for Leave to Appeal in Forma Pauperis" under 28 U.S.C. 753(f) and 1915 (the "Motion") [Docket No. 60]. By way of the Motion, Appellant requests...
MEMORANDUM OF DECISION DENYING DEBTORS' MOTION TO VACATE ORDER DENYING MOTION TO AVOID LIEN UNDER 11 U.S.C. 522(f) [No hearing required pursuant to Federal Rule of Civil Procedure 78(b) and Local Bankruptcy Rule 9013-1(j)(3)] 1 ERNEST M. ROBLES , Bankruptcy Judge . Tristan and Celia Welch (the "Debtors") seek an order to vacate the Court's Order Denying With Prejudice Debtors' Motion to Avoid Lien Under 11 U.S.C. 522(f) (Real Property) for Failure to Prosecute [Doc. No. 26] (the "...
MEMORANDUM DECISION AND ORDER FOLLOWING TRIAL TRIAL RE: COMPLAINT TO REVOKE DEBTORS' DISCHARGE PURSUANT TO 11 U.S.C. 727(d)(1)-(2) WALLACE , J. The United States Trustee's complaint, Docket No. 1, filed November 2, 2017 (the "Complaint"), against chapter 7 debtors Paul G. Katona ("Mr. Katona") and Gail M. Katona ("Mrs. Katona") (jointly, the "Katonas") alleges that (1) the Katonas knowingly and fraudulently failed to disclose on the schedules and amended schedules their ownership of...
TENTATIVE RULING ON MOTION TO DISMISS GERALDINE MUND , Bankruptcy Judge . At the hearing on January 14, I discussed the tentative ruling. The issues of indemnification and privity as well as dismissal of an unnamed Doe defendant were reviewed and I determined that the tentative ruling was correct as to those. However, the question of whether the Buyer has standing to sue the locksmith for negligence committed while the Trustee was the owner of the property was left open. The Trustee had...
TENTATIVE RULING ON MOTION FOR AN ORDER TO SHOW CAUSE SEEKING SANCTIONS AS TO KATHLEEN MORENO [dkt. #49, 57] GERALDINE MUND , Bankruptcy Judge . On Feb. 3, 2020 Ms. Henderson filed an amended motion for an order to show cause and sanctions against Ms. Moreno for failure to appear. The amended motion deals with the Jan. 28, 2020 hearing in which Ms. Moreno failed to appear, file a response to the prior sanctions motion, or advise Ms. Henderson or the Court that she would not be appearing....
TENTATIVE ON ORDER TO SHOW CAUSE (DKT. #54) GERALDINE MUND , Bankruptcy Judge . Because of Ms. Moreno's failure to appear at the January 28, 2000 hearing (a date that she stipulated to for the continued status conference and motion of Ms. Henderson for sanctions), the Court prepared and served this Order to Show Cause. While the Court understands that it is possible that Ms. Moreno left town to visit her mother, personal physical appearance was not required. It was incumbent on Ms. Moreno,...
ORDER AND MEMORANDUM DECISION SUSTAINING DEBTOR'S OBJECTION TO CLAIM #5 Scott C. Clarkson , U.S. Bankruptcy Judge . Before the Court is Debtor's Objection filed October 30, 2019 [Dk. 107] to Claim No. 5. Proof of Claim ("POC") No. 5 was filed on September 22, 2019 by Duncan E. Prince and ERM Insurance Brokers, Inc. ("Claimants" or "Creditors") for $824,710.93, an amount which is comprised of two components: 1) a pre-petition, post-judgment order entered in State Court on May 14, 2019 of $...
MEMORANDUM DECISION DENYING MOTION OF PIVOTAL CAPITAL FOR ORDER DETERMINING THAT DEBTOR'S REAL PROPERTY IS SINGLE ASSET REAL ESTATE Sheri Bluebond , United States Bankruptcy Judge . On February 5, 2020, secured creditor Pivotal Capital Group II, LLC ("Pivotal") moved for entry of an order determining that the debtor's real property is "single asset real estate" within the meaning of Bankruptcy Code section 101(51B). For the reasons set forth below, the Court will enter an order...
MEMORANDUM OF DECISION REGARDING CONFIRMATION OF CHAPTER 13 PLAN WAYNE JOHNSON , Bankruptcy Judge . When a married person files a bankruptcy case alone, must the debtor list all creditors of the debtor and the debtor's spouse on bankruptcy schedules and the master mailing list Does the law require a debtor to provide notice of the bankruptcy case not only to the creditors of the debtor but also to the creditors asserting debts against the non-filing spouse The Court concludes that in a...
ORDER REGARDING MOTION FOR ORDER AUTHORIZING AMENDMENT OF CHAPTER 11 PETITION TO ELECT SUBCHAPTER V, AND CONFIRMATION OF AMENDED CHAPTER 11 SMALL BUSINESS PLAN Scott L. Clarkson , United States Bankruptcy Judge . Before the Court are two Motions filed by Small Business Chapter 11 Debtor Progressive Solutions on January 30, 2020:1) Motion for Order Authorizing Amendment of Chapter 11 Petition regarding Subchapter V Election and Extension of Plan Deadline [Dk. 143], and 2) Motion for Order...
MEMORANDUM OF DECISION DENYING MOTION TO STRIKE NOTICE OF APPEAL [Case Dkt. 77] MARTIN R. BARASH , Bankruptcy Judge . Creditors Blizzard Energy and Franziska Shepard (the "Movants") move the Court (the "Motion," Case Dkt. 77) for an order striking the notice of appeal (the "Notice of Appeal," Case Dkt. 66) filed by debtor Bernd Schaefers (the "Debtor"), from the order appointing a chapter 11 trustee in his case. (the "Trustee Order," Case Dkt. 59). The Debtor's appeal of the Trustee Order...
NOT FOR PUBLICATION STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT ROBERT KWAN , Bankruptcy Judge . This adversary proceeding came on for hearing before the undersigned United States Bankruptcy Judge on December 17, 2019 on the Motion of Defendant Mary Cummins-Cobb, for Summary Judgment. Defendant Mary Cummins-Cobb appeared for herself at the hearing on December 17, 2019, and Philip H. Stillman, of Stillman & Associates,...
MEMORANDUM DENYING CREDITOR'S MOTION FOR NEW TRIAL, TO AMEND/ALTER JUDGMENT AND FOR RELIEF FROM JUDGMENT/ORDER OF JANUARY 6, 2020 GERALDINE MUND , Bankruptcy Judge . On January 6, 2020 the Court entered its order after the evidentiary hearing on the objection to enhanced homestead exemption. (dkt. 571, 572). Creditor Douglas DeNoce seeks a new trial on some of the issues. The Court will not repeat the background, which is laid out in the Memorandum of Opinion. Mr. DeNoce begins by setting...
MEMORANDUM OF DECISION RE: THE CALIFORNIA FRANCHISE TAX BOARD'S MOTION FOR SUMMARY JUDGMENT Maureen A. Tighe , United States Bankruptcy Judge . Dennis Berkovich ("Debtor") filed a chapter 13 bankruptcy petition in 2012. Nearly ten years before Debtor received a discharge, the Internal Revenue Service ("IRS") had assessed additional federal income taxes for the 2003, 2004, and 2005 tax years. In 2008, the IRS assessed an additional $51,366 in federal income tax against Debtor related to the...
NOT FOR PUBLICATION SEPARATE STATEMENT OF DECISION ON MOTION OF DEFENDANTS TO COMPEL PLAINTIFF AS VEXATIOUS LITIGANT TO POST SECURITY AND TO RESTRICT PLAINTIFF'S FUTURE FILINGS ROBERT KWAN , Bankruptcy Judge . By a separate order, the court rules upon and grants the motion of Defendants Alan G. Tippee as an individual and as managing member of SulmeyerKupetz, APC, and SulmeyerKupetz, APC, to compel Plaintiff Mattie Belinda Evans as an individual and acting on behalf of C & M Russell, LLC,...
TENTATIVE RULING ON MOTION FOR ORDER AUTHORIZING TRUSTEE TO SELL CERTAIN ASSETS OF THE ESTATE GERALDINE MUND , Bankruptcy Judge . The following Tentative Ruling is adopted by the Court as its Memorandum of Decision: On 10/18/19 the Trustee filed a notice of proposed abandonment of property of the estate. On 10/30/19 she withdrew it as to the real property located at 5711-5721 S. Compton Ave. This motion is for sale of that property (identified in the motion as 5721 S. Compton Ave.) to...
MEMORANDUM OF DECISION (1) DENYING WITHOUT PREJUDICE EX-PARTE MOTION TO FILE MATERIALS UNDER SEAL AND (2) REQUIRING DEFENDANTS TO SUBMIT EVIDENCE SUPPORTING THE CONFIDENTIALITY OF THE MATERIALS BY NO LATER THAN JANUARY 30, 2020 [RELATES TO DOC. NO. 2] [No hearing required pursuant to Federal Rule of Civil Procedure 78(b) and Local Bankruptcy Rule 9013-1(j)(3)] [X] Affects All Debtors [] Affects Verity Health System of California, Inc. [] Affects O'Connor Hospital [] Affects Saint...
MEMORANDUM OF DECISION REGARDING AUTOMATIC STAY MOTION WAYNE JOHNSON , Bankruptcy Judge . On January 8, 2020 at 2:30 p.m., the Court held a hearing regarding the motion of the debtor, Hector Mendoza ("Debtor") entitled "Notice of Motion and Motion In Individual Case For Order Imposing A Stay or Continuing The Automatic Stay as the Court Deems Appropriate" [docket number 15] ("Motion"). All appearances were noted on the record. The hearing concluded on January 8, 2020 and the Court took the...
MEMORANDUM OF DECISION GRANTING DEBTORS' EMERGENCY MOTION FOR AUTHORIZATION TO CLOSE ST. VINCENT MEDICAL CENTER [ RELATES TO DOC. NO. 3906 ] ERNEST M. ROBLES , Bankruptcy Judge . Before the Court is the Debtors' emergency motion (the "Motion") for authorization to implement a plan to close St. Vincent Medical Center and St. Vincent Dialysis Center, Inc. (collectively, "St. Vincent"). The Court conducted a hearing on the Motion at the above-captioned date and time. Because the Motion was...
