FINDINGS AND CONCLUSIONS RE ORDER (1) APPROVING MODIFIED DISCLOSURE STATEMENT WITH RESPECT TO FIRST AMENDED PLAN FOR THE ADJUSTMENT OF DEBTS OF CITY OF STOCKTON, CALIFORNIA (NOVEMBER 15, 2013); (2) SETTING CONFIRMATION PROCEDURES; ETC. CHRISTOPHER M. KLEIN, Bankruptcy Judge. Having considered the Motion For An Order Approving Disclosure Statement With Respect To The Plan For The Adjustment Of Debts Of City Of Stockton, California Dated October 10, 2013, And Setting Confirmation Procedures,...
MEMORANDUM DECISION ON MOTION FOR IMPOSITION OF SANCTIONS PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 9011 THOMAS C. HOLMAN, Bankruptcy Judge. Defendant debtor Brent Lawrence asks the court to assess sanctions, pursuant to Federal Rule of Bankruptcy Procedure 9011, against plaintiff creditor and the creditor's attorney for filing the complaint in this adversary proceeding. The complaint seeks a determination of nondischargeability of a debt. Defendant seeks sanctions based on the...
FINDINGS OF FACT AND CONCLUSIONS OF LAW W. RICHARD LEE, Bankruptcy Judge. On June 27, 2013, the Court considered the United States Trustee's complaint. Mark Pope, Esq., appeared for the Plaintiff. The Defendant, Francisco Orozco, 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 Case No. 1.: In re Francisco Orozco, Case No. 11-17793-B-7 . 1. On July 8, 2011,...
FINDINGS OF FACT AND CONCLUSIONS OF LAW RE MOTION FOR DEFAULT JUDGMENT, OR ALTERNATIVELY, SUMMARY JUDGMENT ROBERT S. BARDWIL, Bankruptcy Judge. On the 2nd day of October 2013, the Court considered the motion of Bradley D. Sharp (the "Trustee"), the duly appointed and acting Chapter 11 trustee for SK Foods, L.P., a California limited partnership ("SK Foods"), and RHM Industrial/Specialty Foods, Inc., a California corporation, d/b/a Colusa County Canning Co. ("RHM") for default judgment, or...
MEMORANDUM OPINION AND DECISION RONALD H. SARGIS, Bankruptcy Judge. John Roberts, the Chapter 7 Trustee ("Trustee") has filed an objection to exemptions claimed by BonnieJean Bunn-Rodemann ("Debtor") in this Chapter 7 bankruptcy case. Jurisdiction for this Contested Matter exists pursuant to 28 U.S.C. 1334 and 157(a), and the referral of bankruptcy cases and all related matters to the bankruptcy judges in this District. E.D. Cal. Gen 182, 223. This Objection to Claim of Exemptions is a...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON UNITED STATES TRUSTEE'S MOTION FOR FINES AND DISGORGEMENT TO DEBTOR UNDER 11 U.S.C. 110 W. RICHARD LEE, Bankruptcy Judge. On June 26, 2013, the United States Trustee's Motion For Fines And Disgorgement To Debtor Under 11 U.S.C. 110 came on for hearing. Robin Tubesing, Esq. appeared for the United States Trustee. The Debtor appeared in propria persona. Having reviewed the unopposed pleadings of the United States Trustee, the Court now issues the...
OPINION REGARDING CHAPTER 9 ORDER FOR RELIEF CHRISTOPHER M. KLEIN, Bankruptcy Judge. Chapter 9 is unique among voluntary Bankruptcy Code cases in that a municipality must litigate its way to the order for relief before restructuring its debt. Capital markets creditors of the City of Stockton have required the City to prove its eligibility for chapter 9 relief under 11 U.S.C. 109(c) and 921(c). Such a proceeding is like a qualifying round in a competition; success leads only to the main...
OPINION KLEIN, Bankruptcy Judge. A husband and wife tag team who have used serial adversary proceedings to wrestle with a lender now find themselves pinned by the so-called "two dismissal rule" of Federal Rule of Civil Procedure 41(a)(1)(B). In the course of seven bankruptcy cases, they filed three adversary proceedings asserting the same claim against the same defendants, the first two of which were voluntarily dismissed by notices of dismissal under Rule 41(a)(1)(A)(i). The unilateral...
OPINION REGARDING APPLICABILITY OF FEDERAL RULE OF BANKRUPTCY PROCEDURE 9019 CHRISTOPHER M. KLEIN, Bankruptcy Judge. The question is whether a chapter 9 municipal debtor must obtain court approval under Federal Rule of Bankruptcy Procedure 9019 of any compromise or settlement it makes during the course of the chapter 9 case. The City of Stockton says "no." Its Capital market creditors say "yes." The answer is: 11 U.S.C. 904 gives a chapter 9 debtor freedom to decide whether to ignore or...
