ORDER CONVERTING CASE TO CHAPTER 7 Christopher B. Latham , Judge , United States Bankruptcy Court. IT IS HEREBY ORDERED as set forth on the continuation page(s) attached, numbered two (2) through nineteen (19). The court has considered Cottonwood Cajon ES, LLC's ("Cottonwood Cajon") motion for relief from stay, or alternatively to dismiss case, Premier Golf Properties, LP's ("Debtor") opposition, Cottonwood Cajon's reply, the United States Trustee's (the "UST") limited response, the...
ORDER OVERRULING DEBTOR'S OBJECTION TO CLAIM NO. 10 OF COTTONWOOD CAJON ES, LLC Christopher B. Latham , Judge , United States Bankruptcy Court IT IS HEREBY ORDERED as set forth on the continuation page(s) attached, numbered two (2) through forty-nine (49). The court has considered Premier Golf Properties, LP, Edgewood Distributors & Management, Inc., R.H. Rodriguez, Inc., and Premier Golf Property Management, Inc.'s (collectively, "Debtor") combined motion for reconsideration and...
MEMORANDUM DECISION AND ORDER DENYING MOTION TO RECONSIDER DENYING REQUEST FOR DISMISSAL OF CASE FILED BY DEBTOR MARGARET M. MANN , JUDGE, United States Bankruptcy Court . Before the court is the second motion for reconsideration of the court's July 25, 2014 order ("Conversion Order") converting this case to one under Chapter 7 despite the request of Debtor Jason Scott Brown ("Brown") that the court dismiss his case instead. The court denied Brown's first motion for reconsideration of the...
MEMORANDUM DECISION ON REMAND OF THE CHAPTER 7 TRUSTEE'S OBJECTION TO PROOF OF CLAIM #6 (INTERNAL REVENUE SERVICE) LAURA S. TAYLOR , Chief Judge , United States Bankruptcy Court. This matter comes before the Court on remand from the Bankruptcy Appellate Panel of the Ninth Circuit ("BAP") and presents a narrow question: When a chapter 7 1 trustee (the "Trustee") incurs a statutory penalty for his unreasonable failure to timely file federal tax returns for an S corporation debtor, should...
MEMORANDUM DECISION MARGARET M. MANN, Bankruptcy Judge. This case involves a father, Karapet Yaikian ("Karapet"), 1 who sued his son, Michael Yaikian ("Michael"), for fraud; first in state court resulting in a stipulated judgment, and then in this Court when Michael filed bankruptcy. Karapet's conduct observed and recounted at trial did not reflect high personal standards, and included arson, bribery of prison officials, evading collection of a restitution judgment, intentionally misleading...
ORDER ON TRUSTEE'S MOTION FOR SUMMARY JUDGMENT PETER W. BOWIE, Bankruptcy Judge. The facts of this case are neither uncommon nor disputed. When this case was filed, and during the ninety days before, Debtors' residence was subject to two deeds of trust securing obligations to two creditors-the Senior Lienholder and Junior Lienholder. The property was worth more than the claim of the Senior Lienholder, but less than the claims of Senior Lienholder and Junior Lienholder combined. In other words,...
MEMORANDUM DECISION AND ORDER ON CHAPTER 13 TRUSTEE'S OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN AND MOTION TO DISMISS CHRISTOPHER B. LATHAM , JUDGE , United States Bankruptcy Court. Chapter 13 Trustee David L. Skelton has objected to confirmation of Debtors Raymundo and Patricia Gamboa's Chapter 13 plan and moved to dismiss their case. The central issue is whether Debtors may retain an income-producing property and cure the mortgage arrears on it through their plan. The court finds that...
MEMORANDUM DECISION AND ORDER DENYING DISCHARGEABILITY CHRISTOPHER B. LATHAM , Bankruptcy Judge . Plaintiff-Debtor Mark E. Lilly filed a Complaint under 11 U.S.C. 523(a)(8) to discharge his educational debt held by defendant Sallie Mae, Inc. ("Sallie Mae"). Because the court finds that Mr. Lilly's circumstances do not indicate his hardship will likely persist for a significant portion of his repayment period and that he has not made a good faith effort to repay his loans, the educational...
MEMORANDUM DECISION 1 LAURA S. TAYLOR, Bankruptcy Judge. In 2004, Chase Manhattan Bank, USA, N.A. ("Chase") initiated this adversary proceeding. The underlying facts are set out in numerous prior decisions including, most recently, a Ninth Circuit decision decided adversely to Chase. See Chase Manhattan Bank, USA, Inc. v. Taxel (In re Deuel), 594 F.3d 1073 (9th Cir.2010). In briefest summary, Chase extended a loan to debtor Jill Deuel ("Debtor") and her non-filing, now former spouse,...
MEMORANDUM DECISION ON MOTIONS TO DISMISS SECOND AMENDED COMPLAINT MARGARET M. MANN, Bankruptcy Judge. I. INTRODUCTION The Court has considered the Motions ("Motions") to Dismiss the Second Amended Complaint ("SAC") of debtor and plaintiff Cirilo E. Cruz 1 ("Cruz") brought pursuant to Fed. R. Bankr.P. 7012, incorporating by reference Fed. R.Civ.P. 12(b)(6), by Defendants Aurora Loan Services ("Aurora"), Mortgage Electronic Registration Systems, Inc. ("MERS"), and ING Bank, F.S.B. ("...
MEMORANDUM DECISION ON MOTION FOR JUDGMENT ON THE PLEADINGS LOUISE DE CARL ADLER, Bankruptcy Judge. I. INTRODUCTION South Bay Expressway, L.P. and California Transportation Ventures, Inc. (collectively "Debtor") filed this adversary proceeding against the County of San Diego ("County"), seeking recovery of almost $14 million in property taxes paid to the County between 2007-2010 and ordering the County to assess no further taxes on its property. 1 The Debtor's property is a possessory...
AMENDED MEMORANDUM DECISION RE MOTION FOR RELIEF FROM AUTOMATIC STAY MARGARET M. MANN, Bankruptcy Judge. US Bank National Association ("US Bank"), Trustee for the C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006-CB2, nonjudicially foreclosed on the residence of Debtor Eleazar Salazar ("Salazar"), by exercising the power of sale under the deed of trust. At the time it foreclosed, U.S. Bank was not the original beneficiary of record, and it had not recorded an assignment of the deed...
MEMORANDUM DECISION LOUISE DE CARL ADLER, Bankruptcy Judge. I. INTRODUCTION Plaintiffs and Debtors, South Bay Expressway, L.P. ("SBX") and California Transportation Ventures, Inc. ("CTV"), collectively ("Debtors"), move for summary judgment that the mechanic's liens asserted against the toll road portion of State Route 125, also known as the South Bay Expressway (the "SR 125 Tollway"), are invalid as a matter of law. The SR 125 Tollway is one of the four experimental privately constructed...
