FINDINGS OF FACT AND CONCLUSIONS OF LAW Docket Control No. MBL-5. ROBERT S. BARDWIL , Bankruptcy Judge . On November 20, 2017, defendant Battle Creek State Bank (the "Bank") filed a motion for summary judgment against the plaintiff, International Manufacturing Group, Inc., a liquidating debtor ("IMG"), by and through its plan administrator, The Beverly Group, Inc. (the "plan administrator"), pursuant to Fed. R. Civ. P. 56, made applicable in this proceeding by Fed. R. Bankr. P. 7056, or...
NOT FOR PUBLICATION MEMORANDUM AND ORDER GRANTING MOTION TO APPROVE POSTPETITION FINANCING, GRANTING PRIMING LIEN, AND RELATED RELIEF DC No. NH-3 CHRISTOPHER D. JAIME , Bankruptcy Judge . Presently before the court is a motion by Capitol Station 65, LLC, Capital Station Member, LLC, Capitol Station Holdings, LLC, and Township Nine Owners, LLC, each a debtor and debtor in possession — collectively, "Debtors" — to approve postpetition financing, grant a priming lien, and for related relief....
MEMORANDUM Frederick E. Clement , United States Bankruptcy Judge . The chapter 7 1 trustee may avoid liens against estate property for fines, penalties, or forfeitures and preserve those liens for the estate. If the trustee does not do so, the debtor may avoid the lien and preserve it for the debtor's own benefit. Among the liens that the trustee (but not the debtor) can avoid are liens for tax penalties. If the trustee avoids such a tax lien, for whose benefit is the lien avoided I....
MEMORANDUM Docket Control No. JRH-1. MICHAEL S. McMANUS , Bankruptcy Judge . In connection with the debtors' attempt to confirm a chapter 13 plan, on June 16, 2017, the debtors filed a motion to value their home in El Dorado County. The motion is supported by the debtors' declaration which establishes their ownership of the property and that the property is encumbered by two deeds of trust. The senior lien, held by U.S. Bank, etc., secures a claim of approximately $188,179.84. The junior...
FINDINGS OF FACT LAW AND CONCLUSIONS OF LAW IN SUPPORT OF ORDER CONFIRMING DEBTOR'S PLAN OF REORGANIZATION DATED JUNE 12, 2017 CHRISTOPHER D. JAIME , Bankruptcy Judge . Chico Health Imaging, LLC, a California limited liability company, debtor and debtor-in-possession (" Debtor "), filed Debtor's Plan of Reorganization Dated June 12, 2017 [ECF No. 236] (the " Plan ") 1 on June 12, 2017. The Plan is incorporated into these findings of fact and conclusions of law by this reference. The...
RECOMMENDATION FOR WITHDRAWAL OF THE REFERENCE FOR THIS ADVERSARY PROCEEDING 16-01107 28 U.S.C. 157(d) and (e) (Non-Core Proceedings and Demand for Jury Trial) RONALD H. SARGIS , Chief Bankruptcy Judge . The Clerk of the Bankruptcy Court shall transmit a copy of this Recommendation to the Hon. Lawrence J. O'Neill, Chief Judge of the Unites States District Court for the Eastern District of California as the recommendation for the withdrawal of the reference for the above captioned...
ORDER DENYING EX PARTE MOTION TO SHORTEN TIME OR PRESENTATION OF THIRD MOTION TO DISMISS EX PARTE RONALD H. SARGIS , Chief Bankruptcy Judge . On January 10, 2017, Salma Agha-Khan, MD., who is identified as the Plaintiff-Debtor in the pleadings, filed a "Motion to Shorten Time Re: Third Motion For Judge Richard Lee to Disqualify Himself." Dckt. 271. The Motion to Shorten time has the caption for the Plaintiff-Debtor's bankruptcy case, No. 10-16183, and a caption for Plaintiff-...
DECISION AFTER TRIAL Christopher D. Jaime , UNITED STATES BANKRUPTCY JUDGE . Introduction This is an adversary proceeding (1) to have a debt excepted from discharge under 11 U.S.C. 523 and (2) objecting to discharge under 11 U.S.C. 727. The plaintiffs are the chapter 7 trustee appointed in In re Jack Burns, Case No. 10-22742, and Sally Wong. 1 The defendant is Desiree Rebecca Lewis. Lewis is a debtor in the underlying chapter 7 case filed and pending in this court as In re...
MEMORANDUM FREDRICK E. CLEMENT , Bankruptcy Judge . Resolution of this summary judgment motion pivots on a single issue: whether the California Correctional Peace Officers Association acquired a lien that attached to Daisy Corbett's workers' compensation claim before her bankruptcy and established in rem rights (which survive discharge) against her ensuing post-petition award. Finding that its lien did not attach to Corbett's workers' compensation claim before her bankruptcy, the motion...
OPINION CHRISTOPHER N. KLEIN , Bankruptcy Judge : A reversal on appeal voided a money judgment on which wages had been garnished. The garnishee wants his money back. The backstory is a testosterone-fueled vendetta by Service Employees International Union ("SEIU") against former officers of a SEIU local who lost a power struggle with SEIU and, after SEIU ousted them, became officers in a newlyformed rival union. SEIU sued and obtained money judgments against the out-casts. One of those...
MEMORANDUM DECISION DENYING TRI COUNTIES BANK'S MOTION FOR RECONSIDERATION DC No. DBJ-3 CHRISTOPHER D. JAIME , Bankruptcy Judge . Introduction Secured creditor Tri Counties Bank moves for reconsideration of the court's earlier order valuing its collateral and bifurcating its secured claim under a second deed of trust into secured and unsecured claims. The court bifurcated Tri Counties' secured claim because, in addition to a lien on the principal residence of debtors Joseph Charles...
MEMORANDUM DECISION REGARDING APPLICATION FOR INTERIM COMPENSATION DC No. KDG-8 W. RICHARD LEE , Bankruptcy Judge . The law firm of Klein, DeNatale, Goidner, et al. ("KDG") has filed its first application for interim compensation under 11 U.S.C. 331 (the "Fee Application"). KDG was authorized to serve as counsel for the chapter 7 trustee, Vincent Gorski (the "Trustee") after the case was converted from chapter 11. The Fee Application is opposed by a group of related parties,...
MEMORANDUM DECISION ON MOTIONS MLG-21 AND DIK-5 CHRISTOPHER M. KLEIN , Bankruptcy Judge . This adversary proceeding was originally filed by Yousif ("Joe") H. Halloum and Iman Y. Halloum in the Superior Court of California, County of San Francisco, on February 13, 2015, as case number CGC-15-544168. It seeks redress for the loss of the plaintiffs' business as the result of a bankruptcy case pending in this court. The defendants are: Hilton A. Ryder; McCormick, Earstow, Sheppard, Wayte &...
FINDINGS OF FACT AND CONCLUSIONS OF LAW W. RICHARD LEE , Bankruptcy Judge . On February 26, 2015, the Court considered the United States Trustee's complaint. Robin Tubesing, Esq., appeared for the Plaintiff. The Defendants, Pedro and Teresa Lopez, failed to appear. Having reviewed the pleadings and considered the arguments, the Court now issues the following findings of fact and conclusions of law. FINDINGS OF FACT 1. The Defendants have filed a total of four cases since September 23,...
FINDINGS OF FACT AND CONCLUSIONS OF LAW W. RICHARD LEE , Bankruptcy Judge . On February 26, 2015, the Court considered the United States Trustee's complaint to revoke the Defendant's discharge. Having reviewed the pleadings and considered the arguments, the Court now issues the following findings of fact and conclusions of law. FINDINGS OF FACT 1. The Defendant's filed a Chapter 7 voluntary bankruptcy petition on October 10, 2012. 2. James Salven was appointed the chapter 7 trustee ("...
AMENDED 1 OPINION REGARDING CONFIRMATION AND STATUS OF CALPERS 2 KLEIN , Bankruptcy Judge : Resolving the single objection to confirmation of the chapter 9 plan of adjustment of debts by the City of Stockton necessitates answering the threshold question whether, as a matter of law, pension contracts entered into by the City, including the pension administration contract, may be rejected pursuant to Bankruptcy Code 365. 11 U.S.C. 365. After answering that question of law in the...
OPINION REGARDING CONFIRMATION AND STATUS OF CALPERS 1 CHRISTOPHER N. KLEIN, Chief Bankruptcy Judge. Resolving the single objection to confirmation of the chapter 9 plan of adjustment of debts by the City of Stockton necessitates answering the threshold question whether, as a matter of law, pension contracts entered into by the City, including the pension administration contract, may be rejected pursuant to Bankruptcy Code 365. 11 U.S.C. 365. After answering that question of law in the...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF CONFIRMATION OF FARM CREDIT WEST PCA AND FARM CREDIT WEST, FLCA'S PLAN OF REORGANIZATION (Oct. 9, 2014). W. RICHARD LEE, Bankruptcy Judge. I. INTRODUCTION Confirmation of " Farm Credit West, PCA and Farm Credit West, FLCA's Plan of Reorganization (July 31, 2014) " (the " Original Plan ") filed by Farm Credit West, FLCA (" FLCA ") and Farm Credit West, PCA (" PCA ," together with FLCA, " FCW "), creditors in the Chapter 11 cases of GMC...
FINDINGS OF FACT AND CONCLUSIONS OF LAW IN SUPPORT OF CONFIRMATION OF FARM CREDIT WEST PCA AND FARM CREDIT WEST, FLCA'S PLAN OF REORGANIZATION (Oct. 9, 2014). W. RICHARD LEE, Bankruptcy Judge. I. INTRODUCTION Confirmation of " Farm Credit West, PCA and Farm Credit West, FLCA's Plan of Reorganization (July 31, 2014) " (the " Original Plan ") filed by Farm Credit West, FLCA (" FLCA ") and Farm Credit West, PCA (" PCA ," together with FLCA, " FCW "), creditors in the Chapter 11 cases of GMC...
MEMORANDUM OPINION AND DECISION MOTION TO DISMISS COMPLAINT RONALD H. SARGIS, Bankruptcy Judge. On March 14, 2014, Linda Ganas and Jack Ganas ("Plaintiffs") commenced this Adversary Proceeding asserting an Objection to the Proof of Claim filed by Wells Fargo Bank, N.A. ("Defendant") and asserting seven affirmative claims for relief against Defendant. In response to the Complaint, Defendant filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) all claims for relief in...
