MEMORANDUM OF DECISION DENYING MOTION FOR REMOVAL FROM SCHEDULE OF UNSECURED CREDITORS [RELATES TO DOC. NO. 9] [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 an untitled document filed in pro se by Kathrine Shahbazian (the "Motion"). Pursuant to Civil Rule 78(b) and LBR 9013-1(j)(3), 1 the Court finds this matter to be suitable for disposition without oral...
MEMORANDUM OF DECISION REGARDING CHAPTER 13 SUPPLEMENTAL FEE APPLICATION WAYNE JOHNSON , Bankruptcy Judge . I. INTRODUCTION. The Travis Law Firm ("Firm"), counsel for the chapter 13 debtors, Carlos and Angeles Quiroz ("Debtors"), has filed an application for supplemental fees entitled "Application for Supplemental Fees" [docket number 73] ("Application"). The billing records of the Firm in the Application seek fees for two categories of services in this chapter 13 case: (1) $920 for...
ORDER AFTER HEARING ON MOTION BY THE DEFENDANT AND CHAPTER 7 TRUSTEE, WESLEY H. AVERY, FOR ORDER DISMISSING COMPLAINT PURSUANT TO FRCP 12(b)(1) AND 12(b)(6) WITHOUT LEAVE TO AMEND DUE TO LACK OF SUBJECT MATTER JURISDICTION, ISSUE PRECLUSION, AND CLAIM PRECLUSION (Adv. Dkt. 6) ROBERT KWAN , Bankruptcy Judge . The "Motion by the Defendant and Chapter 7 Trustee, Wesley H. Avery, for Order Dismissing Complaint Pursuant to FRCP 12(b)(1) and 12(b)(6) Without Leave to Amend Due to Lack of Subject...
NOT FOR PUBLICATION MEMORANDUM DECISION ON PLAINTIFF'S FIRST AMENDED COMPLAINT FOR DISCHARGEABILITY: 11 U.S.C. 523(a)(2), 523(a)(4), 523(a)(6) ROBERT KWAN , Bankruptcy Judge . On November 20, 2019, this adversary proceeding came on for an evidentiary hearing before the court upon the prior order of the court setting a hearing for plaintiff Gary Salzman ("Plaintiff" or "Salzman") to prove up his entitlement to default judgment (the "default prove-up") on his First Amended Complaint For...
NOT FOR PUBLICATION ORDER GRANTING IN PART AND DENYING IN PART MOTION OF PLAINTIFF EDWARD FRANOWICZ FOR ORDER AWARDING ATTORNEY'S FEES AND COSTS ROBERT KWAN , Bankruptcy Judge . Having reviewed and considered the motion of Plaintiff Edward Franowicz for order awarding attorney's fees and costs, filed on September 9, 2019 (Electronic Case Filing Number (ECF)) 130), the unredacted billing entries of the law firm of Hinds and Shankman, filed on November 14, 2019, and the lack of timely...
MEMORANDUM OF DECISION FINDING THAT PLAINTIFFS ARE NOT ENTITLED TO A JUDGMENT OF NON-DISCHARGEABILITY PURSUANT TO 523(A)(6) ERNEST M. ROBLES , Bankruptcy Judge . I. Introduction In this dischargeability action, Plaintiffs Basilio Torices ("Torices") and Roxanne Martinez ("Martinez") (collectively, at times, the "Plaintiffs") allege that they were financially harmed when Defendant Christina Marie Uzeta ("Uzeta" or "Defendant") refused to transfer a liquor license into a mutually-owned...
MEMORANDUM OF DECISION DENYING MOTION FOR SANCTIONS FILED BY GLENN DECKMAN [RELATES TO DOC. NO. 49] [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 an untitled document filed in pro se by Glenn Deckman ("Deckman"). Consistent with its "obligation to give a liberal construction to the filings of pro se litigants," Blaisdell v. Frappiea , 729 F.3d 1237 , 1241 (9th...
NOT FOR PUBLICATION SEPARATE STATEMENT OF DECISION ON DEBTOR'S MOTION TO AVOID LIEN OF JUDGMENT CREDITOR NAVI MADDY ROBERT KWAN , Bankruptcy Judge . By separate order being filed and entered concurrently herewith, the court grants the motion of debtor Owen James Thornton to avoid the judgment lien of judgment creditor Navi Maddy pursuant to 11 U.S.C. 522(f). Having considered the moving, opposing, reply and sur-reply papers of the parties and the oral arguments of the parties at the...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT ROBERT KWAN , Bankruptcy Judge . Pending before the court is the motion of defendants Bahram Bordbar and Malahat Bordbar, individually and as Trustees of the Bordbar Family Trust, and Leya Technologies, LLC (together "Defendants") to dismiss claims of plaintiff Wesley H. Avery, Chapter 7 Trustee ("Plaintiff"), in the first amended complaint pursuant to Federal Rule of Civil...
MEMORANDUM OF DECISION FINDING THAT HUNTER ENTITLED TO ATTORNEYS' FEES AND COSTS IN THE AMOUTN OF $25,495,68 ERNEST M. ROBLES , Bankruptcy Judge . On July 10, 2019, the Court entered a Memorandum of Decision Finding that Martin's Indebtedness to Hunter, in the Amount of $10,000, is Excepted from Discharge [Adv. No. 58] (the "Memorandum of Decision"). 1 As set forth in the Memorandum of Decision, the Court determined that Plaintiff Kevin Hunter ("Hunter") was entitled to an award of...
MEMORANDUM DECISION RE: MOTIONS TO DISMISS FIRST AMENDED COMPLAINT NEIL W. BASON , Bankruptcy Judge . Except as noted below, this Court is persuaded by the arguments in the motions of the Fay Parties and BofA (each defined below) to dismiss Debtor's First Amended Complaint ("FAC," adv. dkt. 45). 1 At the above-captioned hearing Plaintiff/Debtor ("Debtor") suggested that newly discovered information about an alleged loan modification might establish grounds for a motion to further amend...
MEMORANDUM OF DECISION DENYING DEBTORS' EMERGENCY MOTION FOR ISSUANCE OF AN ORDER TO SHOW CAUSE RE: CLOSING OF THE SGM SALE [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 Debtors' Emergency Motion for (I) Issuance of an Order to Show Cause Why Strategic Global Management, Inc. Failed to Close the Sale Transaction by December 5, 2019; and (II) Entry of an Order...
MEMORANDUM DECISION ON: (I) MOTION OF DOUGLAS CHRISMAS FOR ORDER PURSUANT TO BANKRUPTCY RULE 2004 AND BANKRUPTCY CODE SECTIONS 105 AND 1142; AND (II) MOTION OF PLAN AGENT SAM S. LESLIE FOR PROTECTIVE ORDER RE: 2004 EXAMINATION REQUESTED BY DOUGLAS CHRISMAS ROBERT KWAN , Bankruptcy Judge . Pending before the court are: (1) the Motion of Douglas Chrismas ("Chrismas") for Order pursuant to Bankruptcy Rule 2004 1 and Bankruptcy Code 2 Sections 105 and 1142 ("Rule 2004 Motion"), filed on...
MEMORANDUM OF DECISION FINDING THAT SGM IS OBLIGATED TO CLOSE THE SGM SALE BY NO LATER THAN DECEMBER 5, 2019 ERNEST M. ROBLES , Bankruptcy Judge . I. Introduction At the above-captioned date and time, the Court conducted a Status Conference regarding the Asset Purchase Agreement (the "APA") under which Strategic Global Management ("SGM") agreed to purchase the Debtors' four remaining hospitals (the "Hospitals," and the sale transaction, the "SGM Sale"). For the reasons set forth below,...
ORDER DISCHARGING ORDER TO SHOW CAUSE AND VACATING HEARING ON NOVEMBER 26, 2019 ROBERT KWAN , Bankruptcy Judge . Having reviewed the declaration of Debtor Gail Weeks in response to the court's order to show cause for failure to comply with the order of December 19, 2010 dismissing a prior bankruptcy case (No. 2:08-bk-13924-AA Chapter 7) which required her to file a motion for permission to file a new bankruptcy case, the court discharges its order to show cause why this case should not be...
NOT FOR PUBLICATION ORDER DENYING APPLICATION FOR PAYMENT OF INTERIM FEES AND/OR EXPENSES BY FARI BARA NEJADPOUR ROBERT KWAN , Bankruptcy Judge . On November 19, 2019, at 2:30 p.m., a hearing was held before the Honorable Robert Kwan, United States Bankruptcy Judge for the Central District of California, in Courtroom 1675 located at 255 E. Temple Street, Los Angeles, California 90012 on the Application for Payment of Interim Fees and/or Expenses by Fari Bara Nejadpour (the "Application"...
NOT FOR PUBLICATION SEPARATE STATEMENT OF DECISION ON STIPULATION AND MOTION OF CRASH VICTIM PLAINTIFFS TO SUBSTITUTE TRUSTEE AS PLAINTIFF OR, IN THE ALTERNATIVE, TO INTERVENE ROBERT KWAN , Bankruptcy Judge . On November 12, 2019, this adversary proceeding came on for hearing on the Stipulation Conveying Standing to Jon and Maria Thernstrom, Cameron and Michelle Witzler and Colette Carpenter, Both Individually and in Her Capacity as Administrators of the Estates of Clayton O. Carpenter ("...
ORDER DENYING MOTION FOR STAY PENDING APPEAL [No Hearing Necessary] VICTORIA S. KAUFMAN , Bankruptcy Judge . On November 15, 2019, Asphalt Professionals, Inc. ("API") filed the Emergency Motion for Stay Pending Appeal (the "Motion") [doc. 387]. For the following reasons, the Court will deny the Motion. I. BACKGROUND A. Debtor's Bankruptcy Case and the Original Objection to Claim On June 15, 2010, Darin Davis ("Debtor") filed a voluntary chapter 7 petition. David Seror was appointed...
NOT FOR PUBLICATION ORDER DENYING MOTION OF CHAPTER 7 TRUSTEE FOR ORDER VACATING DEBTOR'S DISCHARGE AND FOR DISMISSAL OF CASE ROBERT KWAN , Bankruptcy Judge . This bankruptcy case came on for hearing before the undersigned United States Bankruptcy Judge on November 19, 2019 on the Motion of Sam S. Leslie, Chapter 7 Trustee for Order Vacating Debtor's Discharge and for Dismissal of Case ("Motion") (Docket No. 29), filed on October 25, 2019. No appearances were made at the hearing. Having...
TENTATIVE RULING ON MOTION TO DISMISS THE FIRST AMENDED COMPLAINT GERALDINE MUND , Bankruptcy Judge . On 10/15/19 the Plaintiff filed an amended complaint. The initial complaint had been dismissed with leave to amend. The summary of the factual allegations as described in the prior tentative ruling [amended here by changes highlighted in bold] is as follows: The complaint concerns a debt created through a credit card with Citibank. In February 1999, Narine Gumuryan (Narine) submitted her...