MEMORANDUM REGARDING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON PLAINTIFF'S FIRST THROUGH SEVENTH CLAIMS FOR RELIEF Peter H. Carroll , United States Bankruptcy Judge . At the above captioned date and time, the court considered the Defendants' Motion for Summary Judgment on Plaintiff's First Through Seventh Claims for Relief ("Motion") filed by Defendants, Michael Bollag, The Bollag Family Trust (collectively, the "Bollags") and MBB Properties, Inc. ("MBB"). Having considered the Motion,...
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING TRIAL RE CHAPTER 7 TRUSTEE'S COMPLAINT OBJECTING TO DEBTOR'S DISCHARGE UNDER 11 U.S.C. 727 (A) Maureen A. Tighe , United States Bankruptcy Judge . In this adversary proceeding, the Chapter 7 Trustee, David Seror (the "Trustee") objects to the discharge of debtor Diana Lopez ("Lopez") under a number of provisions of 11 U.S.C. 727(a). 1 I. BACKGROUND On May 20, 2011, an involuntary chapter 7 petition was filed by petitioning...
MEMORANDUM DECISION ON: (1) MOTION OF UNITED STATES TRUSTEE UNDER 11 U.S.C. 1112(b)(1) TO CONVERT, DISMISS OR APPOINT A CHAPTER 11 TRUSTEE; AND (2) MOTION OF CREDITORS' COMMITTEE TO APPOINT A CHAPTER 11 TRUSTEE UNDER 11 U.S.C. 1104(a) Robert Kwan , United States Bankruptcy Judge . Pending before the court in the jointly administered cases of bankruptcy debtors Corona Care Convalescent Corporation and Corona Care Retirement, Inc. are: (1) the Motion of the United States Trustee under 11...
OPINION NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER DENYING APPLICATION OF STATE COURT RECEIVER ROBERT C. WARREN III TO EMPLOY EPPS & COULSON, LLP, AS CUSTODIAN'S LEGAL COUNSEL NUNC PRO TUNC FROM THE FILING OF THE BANKRUPTCY PETITION ROBERT N. KWAN , Bankruptcy Judge . Pending before the court is the Application of State Court Receiver Robert C. Warren III to Employ Epps & Coulson, LLP as Custodian's Legal Counsel Nunc Pro Tunc from the Filing of the Bankruptcy Petition ("...
AMENDED MEMORANDUM OF DECISION DENYING MOTIONS TO DISMISS Ernest M. Robles , United States Bankruptcy Judge . At issue is whether a 21-year old bankruptcy sale may be set aside for fraud on the court under Fed. R. Civ. P. 60(d)(3), even in the absence of specific allegations that the fraud reduced the sales price. The fraud alleged here was so serious as to prevent the judicial machinery from performing "in the usual manner its impartial task of adjudging cases that are presented for...
NOT FOR PUBLICATION ORDER DENYING WITHOUT PREJUDICE MOTION TO APPROVE COMPROMISE BETWEEN THE DEBTOR AND TRI-WEST MECHANICAL, INC. [Related Docket Entries 348 & 349] [No Hearing Required Pursuant to Local Bankruptcy Rule 9013-1(o)] ROBERT KWAN , Bankruptcy Judge . The Court having considered the Motion pursuant to Rule 9019 of the Federal Rules of Bankruptcy Procedure approving the compromise of controversies between the Debtor and Debtor in Possession, Sarkis Investments Company, LLC (...
ORDER RE: (1) AERC DESMOND'S TOWER, LLC'S MOTION FOR RELIEF FROM THE AUTOMATIC STAY (ECF NO. 1371); AND (2) DEBTOR'S SECOND EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION (ECF NO. 143) (RELATES TO BOTH MAIN CASE AND ADVERSARY PROCEEDING) ROBERT N. KWAN , Bankruptcy Judge . TO ALL PARTIES AND THEIR COUNSEL OF RECORD: The Court, having considered (1) AERC Desmond's Tower, LLC's Emergency Motion For Relief From The Automatic Stay (ECF NO. 1371), and (2) Debtor'...
MEMORANDUM OF DECISION GRANTING MOTION FOR SUMMARY JUDGMENT AS TO CHASE AUTO FINANCE (Dkt. 293) Geraldine Mund , United States Bankruptcy Judge . Chase brings this motion for summary judgment. The sole remaining cause of action is for failure to turn over the vehicle that was repossessed prepetition, both under 11 U.S.C. 542(a) and 362. The motion was heard on October 20, 2015. In preparation for the hearing, the Court created a chronology and sent it out to the parties for their...
NOT FOR PUBLICATION SUPPLEMENTAL ORDER ON DEBTOR'S MOTION FOR ORDER TO PAY PRE-PETITION WAGES, EMPLOYEE DEDUCTIONS AND RELATED RELIEF ROBERT KWAN , Bankruptcy Judge . Pending before the court is the remaining portion of Debtor's motion for an order authorizing it to pay pre-petition wages, employee deductions and related relief, currently set for hearing on November 17, 2015 at 1:30 p.m. At the initial hearing on the motion heard on shortened notice on November 12, 2015, pursuant to...
MEMORANDUM OF DECISION GRANTING MOTION FOR SUMMARY JUDGMENT AS TO CHASE AUTO FINANCE (Dkt. 293) GERALDINE MUND , Bankruptcy Judge . Chase brings this motion for summary judgment. The sole remaining cause of action is for failure to turn over the vehicle that was repossessed prepetition, both under 11 U.S.C. 542(a) and 362. The motion was heard on October 20, 2015. In preparation for the hearing, the Court created a chronology and sent it out to the parties for their comments. At the...
ORDER AND MEMORANDUM DECISION: (1) GRANTING MOTION FOR RELIEF FROM STAY UNDER 362(d)(1); (2) DENYING MOTION TO ENFORCE THE AUTOMATIC STAY, FOR ORDER REQUIRING ACCOUNTING OF FUNDS HELD IN SEGREGATED ACCOUNT, AND FOR PRODUCTION OF DOCUMENTS PURSUANT TO RULE 2004; AND (3) GRANTING THE DEBTOR'S EVIDENTIARY OBJECTIONS Scott C. Clarkson , United States Bankruptcy Judge . Before the Court are two motions — a motion for relief from the automatic stay [Dk. 259] 1 ("Motion for Relief from Stay")...
ORDER DENYING MOTION TO COMPEL APPEARANCE AT EXAMINATION AND TO POSTPONE OR SET ASIDE GRANTING OF DISCHARGE ROBERT KWAN , Bankruptcy Judge . On October 7, 2015, Bankruptcy Resource Management, Inc. ("BRM") filed the instant "Motion to Compel Appearance at Examination and to Postpone or Set Aside Granting of Discharge." In its moving papers, BRM alleges that this court issued an order entered on September 2, 2015, directing Debtor Hector R. Robles-Tovar (the "Debtor") to appear for an...
ORDER NOT FOR PUBLICATION ORDER GRANTING ERIC WILSON'S MOTION FOR LEAVE TO INTERVENE AS A PLAINTIFF AND AUTHORIZE FILING OF COMPLAINT IN INTERVENTION AND CONTINUING HEARING ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT SET FOR OCTOBER 27, 2015 AND RESETTING BRIEFING AND HEARING SCHEDULE ROBERT KWAN , Bankruptcy Judge . Pending before the court is the Motion of Eric Wilson ("Mr. Wilson") for Leave to Intervene as a Plaintiff and Authorize Filing of Complaint in Intervention ("Motion to...
ORDER NOT FOR PUBLICATION ORDER DENYING PLAINTIFF/APPELLEE'S MEMORANDUM OF COSTS POST-APPEAL WITHOUT PREJUDICE ROBERT KWAN , Bankruptcy Judge . Pending before the court is the filing by Plaintiff/Appellee Harold Pemstein of his "Appellee's Memorandum of Costs Post-Appeal; Declaration of Christopher L. Blank" (the "Memorandum") [Docket No. 145] on October 5, 2015, requesting reimbursement of attorneys' fees and expenses as the prevailing party in the above-mentioned adversary proceeding....
CORRECTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER TRIAL ON MOTION TO REVOKE AND/OR VACATE DISMISSALS AND REQUEST FOR APPOINTMENT OF TRUSTEE RBERT KWAN , Bankruptcy Judge . [Note to the reader: These corrected findings of fact and conclusions of law after trial to replace the findings of fact and conclusions of law entered on October 22, 2015 [DN 482] are being issued to correct formatting errors resulting in the loss of pagination and line numbers in the original document, and line...
ORDER ON MOTION TO REVOKE DISMISSALS AND FOR THE APPOINTMENT OF TRUSTEE RBERT KWAN , Bankruptcy Judge . The motion [Docket Number ("DN") 433] (the "Motion") of Richard K. Diamond, Chapter 7 Trustee 1 of Corona Care Convalescent Corp. (Case No. 2:13-bk-28497) and Corona Care Retirement, Inc. (Case No. 2:13-bk-28519) (the "Corona Debtors") for an order revoking the dismissals of the bankruptcy cases for Pasadena Adult Residential Care Center, Inc. (Case No. 2:13-bk-28484), Castle View...
CORRECTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER TRIAL ON MOTION TO REVOKE AND/OR VACATE DISMISSALS AND REQUEST FOR APPOINTMENT OF TRUSTEE [Note to the reader: These corrected findings of fact and conclusions of law after trial to replace the findings of fact and conclusions of law entered on October 22, 2015 [DN 482] are being issued to correct formatting errors resulting in the loss of pagination and line numbers in the original document, and line spacing gaps. The substance of the...
MEMORANDUM DECISION ON CHAPTER 13 TRUSTEE'S ORAL OBJECTION TO CONFIRMATION AND MOTION TO DISMISS Scott H. Yun , United States Bankruptcy Judge . Before the court is the chapter 13 1 trustee's (the "Trustee") oral objection to confirmation of a chapter 13 plan and motion to dismiss the bankruptcy case filed by the debtors Elaine Villaverde and Karen Hight (the "Debtors"), a same-sex couple registered as domestic partners in California, on the grounds that the Debtors are not considered "...
MEMORANDUM OF DECISION RE: MOTION TO VALUE REAL PROPERTY AND STRIP JUNIOR LIEN OF 21 ST MORTGAGE CORPORATION MARTIN R. BARASH , Bankruptcy Judge . On February 4, 2015, chapter 13 debtor Guillermo Quevedo (the "Debtor") filed the Debtor's Notice of Motion and Motion to Avoid Junior Lien on Principal Residence [11 U.S.C. 506(d)] (Dkt. 12) (the "Motion"). The Motion seeks to avoid, contingent on the Debtor's receipt of a chapter 13 discharge in this case, the second priority deed of...
REPORT AND RECOMMENDATION TO DISTRICT COURT FOR WITHDRAWAL OF REFERENCE AS TO DETERMINATION OF CRIMINAL CONTEMPT SHERI BLUEBOND , Bankruptcy Judge . Because criminal contempt matters under 18 U.S.C. 401(3) and Rule 42 of the Federal Rules of Criminal Procedure must be tried by the District Court, rather than the Bankruptcy Court, see In re Dyer , 322 F.3d 1178 (9 th Cir. 2003), and because this Court believes that the facts of this case warrant consideration of prosecution for...
