MEMORANDUM OF DECISION DENYING SPICE 4 LIFE'S MOTION FOR RECONSIDERATION OR FOR STAY PENDING APPEAL [DOC. NO. 383] [No hearing required pursuant to Federal Rule of Civil Procedure 78(b) and Local Bankruptcy Rule 9013-1(j)(3)] ERNEST M. ROBLES , Bankruptcy Judge . The Court has reviewed the Motion for Reconsideration of Order Entered Overruling Objections to Trustee's Final Report or to Modify Order or for Stay Pending Appeal (the "Second Motion for Reconsideration") [Doc. No. 383] filed...
NOT FOR PUBLICATION ORDER GRANTING IN PART AND DENYING IN PART MOTION OF CHAPTER 7 TRUSTEE FOR ORDER: (1) AUTHORIZING SALE OF REAL PROPERTY FREE AND CLEAR OF LIENS; (2) APPROVING OVERBID PROCEDURE; (3) APPROVING PAYMENT OF REAL ESTATE BROKERS' COMMISSIONS; (4) FINDING PURCHASERS ARE GOOD FAITH PURCHASERS; AND (5) IF NECESSARY, DIRECTING THE UNITED STATES MARSHAL TO EVICT THE DEBTORS AND ANY THIRD PARTIES FROM THE REAL PROPERTY ROBERT KWAN , Bankruptcy Judge . The hearing (the " Hearing ")...
MEMORANDUM OF DECISION RE TREATMENT OF MINORITY VOTING TRUST'S CLAIM AND MODIFICATIONS TO CHAPTER 11 PLAN MEREDITH A. JURY , Bankruptcy Judge . On July 7, 2016, this court entered its Order re Valuation of Minority's Claim, finding that the value of the claim ("Valuation Claim") is $2,419,888. In accordance with two District Court Appellate Orders, this court recognized that it must treat the Valuation Claim as a claim, not an interest, but that the claim must be subordinated to the same...
MEMORANDUM OF DECISION AWARDING FEES AND EXPENSES TO THE ESTATE'S PROFESSIONALS [No hearing required pursuant to Federal Rule of Civil Procedure 78(b) and Local Bankruptcy Rule 9013-1(j)(3)]. ERNEST M. ROBLES , Bankruptcy Judge . The Court has reviewed the applications for payment of fees and expenses filed by professionals employed by the estate (collectively, the "Fee Applications"). 1 The Court has received no opposition to the Fee Applications, except for opposition papers that were...
NOT FOR PUBLICATION FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER TRIAL ON ORDER TO SHOW CAUSE WHY CREDITOR BENJAMIN PARK AND HIS ATTORNEY, JOHN H. OH, SHOULD NOT BE HELD IN CONTEMPT FOR VIOLATION OF THE AUTOMATIC STAY AND DISCHARGE INJUNCTION ROBERT KWAN , Bankruptcy Judge . This bankruptcy case came on for trial before the undersigned United States Bankruptcy Judge on August 11, 2016 on the contested matter of the order to show cause why creditor Benjamin Park and his attorney, John H....
MEMORANDUM OF DECISION RE: MOTION FOR ORDER DESIGNATING CASE A SINGLE ASSET REAL ESTATE CASE PURSUANT TO BANKRUPTCY CODE SECTION 362(d)(3) [DKT 39] MARTIN R. BARASH , Bankruptcy Judge . After several hearings and several lengthy stipulated continuances (during which the parties attempted unsuccessfully to resolve their disputes consensually), on November 21, 2016, the Court held its evidentiary hearing on the motion of creditor Hersel Kohan (the "Movant") requesting an order designating...
MEMORANDUM OF DECISION AFTER SUBMITTED TRIAL MAUREEN A. TIGHE , Bankruptcy Judge . On July 16, 2010, Krikor Tatoyan ("Debtor" or "Defendant") filed a voluntary chapter 7 bankruptcy case. At the time the case was filed, Debtor was a defendant in a state court proceeding initiated by Irena Zabrodnaya ("Plaintiff"). Plaintiff obtained a money judgment against Defendant in the state court case. She was attempting to enforce the judgment at the time Defendant filed the bankruptcy. In relation...
NOT FOR PUBLICATION MEMORANDUM DECISION ON: (1) ORDER TO MORTGAGE LENDER SERVICES, INC., TO SHOW CAUSE RE: CONTEMPT; (2) MOTION OF MORTGAGE LENDER SERVICES, INC. FOR RECONSIDERATION OF ORDER TO SHOW CAUSE; AND (3) MOTION OF MORTGAGE LENDER SERVICES, INC., FOR RELIEF FROM AUTOMATIC STAY ROBERT KWAN , Bankruptcy Judge . Pending before the court are: (1) the Order Granting Debtor Wayne L. Borders's Application for Order to Show Cause re: Contempt Against Mortgage Lender Services Inc.,...
NOT FOR PUBLICATION ORDER VACATING ORDER FOR DISCHARGE ENTERED IN THIS CASE AND SETTING HEARING ON DEBTOR'S MOTION TO DISMISS BANKRUPTCY CASE ROBERT KWAN , Bankruptcy Judge . On October 24, 2016, the court entered an order granting a discharge in the above-captioned Chapter 7 bankruptcy case pursuant to 11 U.S.C. 727, Electronic Case Filing No. (ECF) 32. However, the motion of the Debtor to dismiss the bankruptcy case, ECF 26, filed on October 17, 2016, was pending, and by order entered...
NOT FOR PUBLICATION. MEMORANDUM DECISION ON MOTION OF CARL W. COOPER TO CLARIFY THE COURT'S PRIOR ORDER ON SALE OF ESTATE ASSETS. ROBERT KWAN , Bankruptcy Judge . Pending before the court is the Motion of Carl W. Cooper ("Cooper") to Clarify the Court's Prior Order on Sale of Estate Assets (the "Motion"), ECF 66, filed on August 23, 2016, requesting that the court clarify its Order Granting [Trustee's] Motion to Confirm Sale of Estate's Right, Title and Interest in Property of the Estate...
NOT FOR PUBLICATION. ORDER VACATING THE COURT'S MEMORANDUM DECISION AND ORDER ON PLAINTIFF'S ADVERSARY COMPLAINT TO DETERMINE DISCHARGEABILITY OF DEBT PURSUANT TO 11 U.S.C. 523(a)(2)(A) AND (a)(6), ENTERED ON SEPTEMBER 30, 2016, AND SETTING POST-TRIAL STATUS CONFERENCE. ROBERT KWAN , Bankruptcy Judge . In this adversary proceeding, on September 30, 2016, the court entered its Memorandum Decision and Order on Plaintiff's Adversary Complaint to Determine Dischargeability of Debt Pursuant...
NOT FOR PUBLICATION ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE FIRST AMENDED ADVERSARY COMPLAINT ROBERT KWAN , Bankruptcy Judge . Pending before the court is the motion of plaintiffs San Fortunato Company, LP, Kish Company, Inc., and Jeannine M. Kilroy for leave to file first amended adversary complaint, which was noticed for hearing before the court on November 30, 2016 at 11:00 a.m. Plaintiffs are represented by Jeffrey B. Smith, of the law firm of Curd, Galindo & Smith, L.L.P....
NOT FOR PUBLICATION ORDER ON TRUSTEE'S EMERGENCY MOTION FOR TURNOVER OF PROPERTY [15311 Lanning Drive, Whittier, California 90605], OR IN THE ALTERNATIVE, FOR IMMEDIATE ACCESS TO THE PROPERTY ROBERT KWAN , Bankruptcy Judge . The court has reviewed and considered the motion of Rosendo Gonzalez, the Chapter 7 trustee in this bankruptcy case (the "Trustee"), seeking, on an emergency basis pursuant to Local Bankruptcy Rule 9075-1 and Section 542 of the Bankruptcy Code, turnover of the real...
MEMORANDUM OF DECISION DENYING DEBTOR'S MOTION TO EXPUNGE LIS PENDENS BASED UPON THE COURT'S LACK OF JURISDICTION [No hearing required pursuant to Federal Rule of Civil Procedure 78(b) and Local Bankruptcy Rule 9013-1(j)(3)] ERNEST M. ROBLES , Bankruptcy Judge . The Court has reviewed the Debtor's Motion to Expunge Notice of Pendency of Action (Lis Pendens) and to Claim Attorneys Fees and Costs in the Amount of $5,228.10 ("Motion"), 1 as well as the Debtor's application for a hearing on...
TENTATIVE RULING RE SECOND AMENDED MOTION APPROVING REVISED SETTLEMENT AGREEMENT BETWEEN DEBTOR MICHAEL ROBERT GOLAND AND CREDITOR KENNETH WICKLUND SUCCESSOR TO HEBARD PARTNERSHIP, LLC AND ANDREA WICKLUND GERALDINE MUND , Bankruptcy Judge . Below is the Court's tentative ruling in connection with the hearing that took place on November 15, 2016 at 10:00 a.m. before the Honorable Geraldine Mund: This motion is doc. #137 as to Wicklund as successor to Hebard Partnership and as to Andrea...
TENTATIVE RULING RE SECOND AMENDED MOTION APPROVING SETTLEMENT AGREEMENT BETWEEN DEBTOR MICHAEL ROBERT GOLAND AND CREDITOR GERRY BURK GERALDINE MUND , Bankruptcy Judge . Below is the Court's tentative ruling in connection with the hearing that took place on November 15, 2016 at 10:00 a.m. before the Honorable Geraldine Mund: This motion is doc. #110 since it concerns the motion brought as to settlement with Burk, not with Wicklund. No amended motion as to Burk was filed. The contention is...
NOT FOR PUBLICATION ORDER EXTENDING DEBTOR'S EXCLUSIVITY PERIOD FOR OBTAINING ACCEPTANCES OF A PLAN OF REORGANIZATION ROBERT KWAN , Bankruptcy Judge . A hearing was held on November 9, 2016 at 11:00 a.m. before the Honorable Robert N. Kwan, United States Bankruptcy Judge for the Central District of California, Los Angeles Division, in his Courtroom "1675" located at 255 East Temple Street, Los Angeles, CA 90012 to consider the Motion to Extend Debtor's Exclusivity Period for Obtaining...
MEMORANDUM DECISION AND ORDER WALLACE , United States Bankruptcy Judge . This matter comes before the Court on the motion of Abdul Olomi ("Plaintiff") for reconsideration (the "Motion") of this Court's Order Pursuant to Pretrial Conference Dismissing Case filed and entered on September 30, 2016 (the "Dismissal Order") granting judgment of dismissal in favor of defendant-debtor Ahmad Tukhi ("Defendant") as a sanction for Plaintiff's total and complete failure to comply with the requirements...
MEMORANDUM OF DECISION AWARDING FEES AND EXPENSES TO THE ESTATE'S PROFESSIONALS [No hearing required pursuant to Federal Rule of Civil Procedure 78(b) and Local Bankruptcy Rule 9013-1(j)(3)] ERNEST M. ROBLES , Bankruptcy Judge . The Court has reviewed the applications for payment of fees and expenses filed by professionals employed by the estate, the opposition to the applications filed by the Debtor Peli Popovich Hunt ("Hunt"), and the reply in support of the fee applications filed by...
NOT FOR PUBLICATION ORDER DENYING WITHOUT PREJUDICE DEBTOR'S APPLICATION FOR AUTHORITY TO EMPLOY THE ORANTES LAW FIRM, P.C. AS GENERAL INSOLVENCY COUNSEL AS OF SEPTEMBER 16, 2016 ROBERT KWAN , Bankruptcy Judge . Having read and considered the Debtor's Application For Authority To Employ The Orantes Law Firm, P.C. As General Insolvency Counsel as of September 16, 2016 (the "Employment Application"), ECF 28, the notice thereof, ECF 29, and the statement of disinterestedness, ECF 27, the...
