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...
