ORDER OVERRULING OBJECTIONS TO PLAN CONFIRMATION CHARLES NOVACK , Bankruptcy Judge . On February 25, 2020, this court conducted a contested confirmation hearing on Roger and Lenee Short's Chapter 13 plan (the "Plan") 1 . When they filed their Chapter 13 case the Shorts, who reside at 1463 Majestic Lane in Brentwood, California, were $34,615.09 in arrears to Bank of New York Mellon, which holds the senior deed of trust against their residence. The Plan fully repays these arrears with $100/...
MEMORANDUM DECISION AFTER REMAND HANNAH L. BLUMENSTIEL , U.S. Bankruptcy Judge . On May 4, 2018, the Court of Appeals for the Ninth Circuit (the " Ninth Circuit ") issued an amended decision 1 that reversed this court's order granting of summary judgment in favor of Debtor Heller Ehrman LLP and disallowing Paravue Corporation's proof of claim no. 1019 (the " Claim "). 2 The Ninth Circuit concluded that genuine issues of material fact existed regarding when the attorney-client...
MEMORANDUM DECISION REGARDING (1) VLAZAKIS' MOTION AS TO INAPPLICABILITY OF STAY, AND IN THE ALTERNATIVE FOR RELIEF FROM STAY (DKT. 4846) and (2) DEBTORS' MOTION TO REJECT VLAZAKIS' CONTRACT AND GRANT RELATED RELIEF (DKT. 5272) DENNIS MONTALI , Bankruptcy Judge . I. Procedural History On November 22, 2019, George Vlazakis, Maria Barbis, John Barbis and Athanasia Vlazakis (collectively, the "Vlazakis Parties") filed a Motion as to Inapplicability of Stay, and in the Alternative for...
MEMORANDUM DECISION REGARDING MOTION FOR RELIEF FROM STAY DENNIS MONTALI , Bankruptcy Judge . Todd Hearn ("Hearn") moved for relief from the automatic stay on November 20, 2019 to pursue his employment claims in the Napa County Superior Court. Debtors filed an opposition, and the matter was heard on December 17, 2019. Following that hearing, the parties filed further briefing on the issue and the matter was submitted on January 14, 2020. For the reasons stated below, the court will grant...
MEMORANDUM DECISION REGARDING MOTION TO APPLY RULE 7023 DENNIS MONTALI , Bankruptcy Judge . Lead Plaintiffs ("Movants 1 ") in pending district court litigation filed a motion (the "Motion") (dkt. #5042) to apply Federal Rule of Civil Procedure 23, made applicable here by Federal Rule of Bankruptcy Procedure ("FRBP") 7023 to their class proofs of claim on December 9, 2019. Debtors and the Official Committee of Tort Claimants ("TCC") filed oppositions and the matter was heard on January 29,...
