ORDER ON PLAINTIFF'S DISCOVERY DISPUTE LETTER CHARLES NOVACK , Bankruptcy Judge . The court conducted a hearing on plaintiff Andrew Kingsdale's ("Kingsdale") discovery dispute letter on December 7, 2018 and subsequently took defendant Simon Chan's ("Chan") objections based on the attorney-client privilege under submission. As stated in this court's December 10, 2018 order, the court's resolution of these disputes (except for those matters taken under submission) may be accessed by...
ORDER AFTER HEARING ON DEBTOR'S MOTION TO COMPEL CHARLES NOVACK , Bankruptcy Judge . On December 19, 2018, the court conducted a hearing on Debtor Kieron Pierre Marcel Wirtz's ("Wirtz") motion to compel ("Motion") his former attorney Kent Bulloch ("Bulloch") to turn over Wirtz's case file for this bankruptcy. Wirtz appeared through counsel. Bulloch did not appear. No opposition to the Motion has been filed. Although the Motion requests sanctions against Bulloch, Wirtz's counsel represented...
SUPPLEMENT TO DECISION AFTER TRIAL FOLLOWING REMAND M. ELAINE HAMMOND , Bankruptcy Judge . The Ninth Circuit remanded this adversary proceeding to the bankruptcy court "to determine whether the parties' various lease agreements (the 2005 lease, the 2008 lease, the 2010 extension, and the 2012 amendment) are void under principles of California contract law." Following briefing, the matter came on for hearing on August 20, 2018, and was taken under submission on August 24, 2018. On appeal,...
MEMORANDUM DECISION AFTER TRIAL Roger L. Efremsky , U.S. Bankruptcy Judge . I. INTRODUCTION In 2014, defendant Nelli Markushevska was employed as a bookkeeper at plaintiff Allure Labs, Inc. ("Allure"). While she was employed there, she embezzled $137,000 (the "Embezzlement"). When Allure discovered this, it sued her and her husband Marlon J. Aviles (collectively, with Nelli Markushevska, "Defendants") in state court and obtained an order freezing some $67,000 held in bank accounts in...
MEMORANDUM DECISION AFTER TRIAL HANNAH L. BLUMENSTIEL , Bankruptcy Judge . I. INTRODUCTION This case came before the court on September 10 and 11, 2018 for trial on Plaintiffs Greg Savin and Shawn Rhodes' Complaint for Equitable Relief and Determination of Dischargeability of Debt [Dkt. 1; the "Complaint"]. In their complaint, Messrs. Savin and Rhodes seek a judgment declaring that (a) they and Defendant Jeffrey Kafka are partners in a general partnership ("NorCal KRS" or "NorCal...
ORDER REGARDING TIME PERIOD TO RESPOND TO CITY OF EUREKA'S MOTION TO ALLOW CLAIMS IN ESTIMATED AMOUNTS WILLIAM J. LAFFERTY, III , Bankruptcy Judge . On November 14, 2018, Creditor City of Eureka filed a Motion to Allow Claims of City of Eureka (in Estimated Amounts) Solely for Purposes of Voting on Second Amended Chapter 11 Plan (the "Motion") (doc. 436). A hearing on the Motion was set for December 5, 2018. The Notice of Hearing (doc. 438) filed by the City of Eureka, and provided to...
MEMORANDUM REGARDING RECENTLY FILED CLAIM OBJECTIONS WILLIAM J. LAFFERTY, III , Bankruptcy Judge . On October 30, 2018, Debtors filed an Objection to Claim Number 56 by Claimant City of Eureka (doc. 418). On November 1, 2018, Examiner Janina M. Hoskins filed an Objection to Claim Number 61 by Claimant Bradford C. Floyd (doc. 423) (together, the "Objections"). The Court notes these Objections are lodged fairly close to the plan confirmation hearing set for December 7, 2018. Accordingly,...
Memorandum Decision Re: Debtor's Motion to Reject Executory Contract and the Creditor's Motion to Dismiss M. ELAINE HAMMOND , Bankruptcy Judge . Debtor Amir Safakish ("Safakish") filed this chapter 13 bankruptcy case in order to reject a Settlement Term Sheet (the "Settlement Agreement") arising from a mediation of state court proceedings related to Safakish's obligations to an owner's association associated with a business condominium. The other parties to the Settlement Agreement are...
MEMORANDUM ON ORDER GRANTING MOTION TO AMEND ORDER GRANTING RELIEF FROM STAY WILLIAM J. LAFFERTY, III , Bankruptcy Judge . The Motion to Amend Order Granting Relief from Stay (the "Motion") (doc. 40) came for hearing on Wednesday, October 17 at 1:30 p.m. Michael St, James appeared for Redwood Property Investors II, LLC. Donald Schwartz appeared telephonically for Christopher Jackson. At the conclusion of the argument, the Court indicated that, for the reasons stated on the record, it...
MEMORANDUM DECISION ON MOTION FOR CONTEMPT DENNIS MONTALI , Bankruptcy Judge . Following their discharges in 2016, debtors Rick Rivera Ibe and Gene Rose Moreno Ibe ("Debtors") received various communications from Select Portfolio Servicing, Inc. (the "Servicer") regarding a loan secured by property commonly identified as 202-A Allen Richard Court, Moncks Corner, South Carolina (the "202-A Unit"). After the court granted the motion to reopen their case on April 18, 2018, Debtors filed a...
MEMORANDUM DECISION ON DEFENDANT'S MOTION FOR ATTORNEY'S FEES AND COSTS AS PREVAILING PARTY DENNIS MONTALI , Bankruptcy Judge . On August 24, 2018, this court held a hearing on the motion by debtor and defendant Edith Yee Tuk Wong ("Wong") to recover attorney's fees and costs incurred in defending a nondischargeability action commenced against her by plaintiff Eric Tong ("Tong"). After taking the matter under submission and considering the record and arguments of counsel, the court...
MEMORANDUM DECISION RE: GENERAL ORDER 34 M. ELAINE HAMMOND , Bankruptcy Judge . Effective December 1, 2017, any debtor filing a chapter 13 plan is required to use the standard form chapter 13 plan for the Northern District of California, NDC 1-1. The form plan provides for conduit post-petition payments to Class 1 secured creditors. For most debtors, the Class 1 creditor is their mortgage holder. Under a conduit plan, the debtor provides funds to the chapter 13 trustee on a monthly basis...
AMENDED MEMORANDUM DECISION ON TRUSTEE'S MOTION TO DISMISS CASE 1 Stephen L. Johnson , U.S. Bankruptcy Judge . Debtor commenced this chapter 13 case by filing a voluntary petition on November 28, 2017. 2 Debtor's chapter 13 plan remains unconfirmed despite the passage of nine months. Consequently, on June 27, 2018, Devin Derham-Burk, chapter 13 trustee (the "Trustee"), filed her Motion to Dismiss ("Motion") for unreasonable delay. Debtor filed an opposition ("Opposition") to the Motion....
MEMORANDUM DECISION ON TRUSTEE'S MOTION TO DISMISS CASE STEPHEN L. JOHNSON , Bankruptcy Judge . Debtor commenced this chapter 13 case by filing a voluntary petition on November 28, 2018. 1 Debtor's chapter 13 plan remains unconfirmed despite the many months that have passed since that time. Consequently, on June 27, 2018, Devin Derham-Burk, chapter 13 trustee (the "Trustee"), filed her Motion to Dismiss ("Motion") for unreasonable delay. Debtor filed an opposition ("Opposition") to the...
MEMORANDUM DECISION RE VALUE OF PROPERTY DENNIS MONTALI , Bankruptcy Judge . The court has considered the competing appraisals of 519 Maple Avenue, San Bruno, CA (the "Property"). Those appraisals were submitted by Charles Clark on behalf of Real Time Solutions, Inc. ("Real Time") and by Sheri Hill on behalf of Miriam Ayala, the above-named debtor. The parties have agreed to submit those appraisals to the court to fix the value of the Property as of November 9, 2017, the date debtor filed...
MEMORANDUM REGARDING MOTION TO DISMISS WILLIAM J. LAFFERTY, III , Bankruptcy Judge . On August 17, 2018, Defendant filed a Motion to Dismiss Adversary Proceeding ("the Motion") (doc. 26). The Motion recounts many of the accusations Defendant has made via letters to this Court on several other occasions. The Court has repeatedly attempted to communicate to Defendant that filing such documents is neither helpful nor legally effective. Nonetheless, Defendant persists, and the Court will...
MEMORANDUM REGARDING MOTION TO DISMISS WITH A TWO-YEAR BAR DENNIS MONTALI , Bankruptcy Judge . On July 18, 2018, Thomas M. Wandlass ("Debtor") filed a motion and request for an extension of time to receive an art sale commission and make a payment to his secured creditor (the "First Extension Motion"). The court entered an order on July 20, 2018, granting the First Extension Motion and directing the debtor to provide the trustee with proof of his receipt of an expected art sale commission...
MEMORANDUM RE: MOTION TO CONVERT CASE WILLIAM J. LAFFERTY, III , Bankruptcy Judge . On August 3, 2018, creditor Lars Lohan ("Lohan") filed a Motion to Convert Case to Chapter 7 ("the Motion") (doc. 61). The same day, Lohan filed a Notice of Hearing (doc. 62) and set a hearing on the Motion for August 22, 2018. The Bankruptcy Local Rules do not allow for less than 21 days notice for such a motion without an order shortening time from the Court. No such order was requested or entered....
MEMORANDUM DECISION AFTER TRIAL ROGER L. EFREMSKY , Bankruptcy Judge . I. Introduction Plaintiff, Khalimakhan Takhtayeva (hereinafter, "Plaintiff") initially sued Defendants Fatima Bulgucheva (hereinafter "Fatima") and Ibragim Bulguchev (hereinafter "Ibragim") (together, the "Defendants") in 2015 in state court for money Plaintiff lent Defendants between 2004 and 2009. Several months later, Defendants filed for bankruptcy relief under chapter 7 of the Bankruptcy Code. 1 In response to...
MEMORANDUM REGARDING VOLUNTARY DISMISSAL WILLIAM J. LAFFERTY, III , Bankruptcy Judge . On June 13, 2018, the Court held a hearing on multiple motions to dismiss filed by Defendants in this case. Prior to the hearing, on June 7, Plaintiff filed a Notice of Voluntary Dismissal ("the Notice") (doc. 18). Pursuant to Federal Rule of Bankruptcy Procedure ("FRBP") 7041(a)(1)(A)(i), the Notice is sufficient to dismiss this adversary proceeding because no answer or motion for summary judgment has...
