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,...
MEMORANDUM DECISION REGARDING DEFENDANT'S MOTION TO DISMISS ADVERSARY PROCEEDING DENNIS MONTALI , Bankruptcy Judge . On November 4, 2019, this court held a hearing on the motion of defendant Douglas A. Taylor ("Taylor") to dismiss the Amended Complaint for Professional Negligence, Accounting Malpractice, and Negligence ("Amended Complaint") filed by plaintiff Randy Sugarman, the chapter 11 trustee ("Trustee") for debtor Yellow Cab Cooperative, Inc. ("YCC"). For the reasons set forth below,...
MEMORANDUM DECISION REGARDING JURISDICTION OF THE AUSTRALIAN COURT AND DENYING MOTION TO AMEND CLAIM DENNIS MONTALI , Bankruptcy Judge . Introduction Creditor Maria Corso ("Creditor") filed a motion to amend her proof of claim on July 17, 2019. Debtor disputed whether a court in Australia had jurisdiction to enter a default judgment in favor of Creditor. The parties filed further oppositions and replies, and both matters came on for hearing on September 12, 2019. Following that hearing,...
MEMORANDUM DECISION ON INVERSE CONDEMNATION DENNIS MONTALI , U.S. Bankruptcy Judge . I. INTRODUCTION PG & E Corporation and Pacific Gas & Electric Company ("Debtors"), joined by the Official Committee of Unsecured Creditors and certain Shareholders of PG & E Corporation, challenge the application of the doctrine of inverse condemnation in connection with the 2015, 2017, and 2018 California wildfires (the "Wildfires"). The Official Committee of Tort Claimants, the Ad Hoc Group of...
MEMORANDUM DECISION ON MOTIONS FOR SUMMARY JUDGMENT M. ELAINE HAMMOND , Bankruptcy Judge . MUFG Union Bank, N.A. ("Plaintiff") and Robert Brower, Sr., Patricia Brower, Coastal Cypress Corporation, a California corporation, Coastal Cypress Corporation, a Delaware corporation, American Commercial Properties, Inc., Anthony Nobles, Wilfred "Butch" Lindley, Richard Babcock, and Patricia Brower Trust (collectively, "Defendants") brought cross-motions for summary judgment (Dkt. #108, #113). The...
MEMORANDUM REGARDING DEBTOR'S EX PARTE FILINGS WILLIAM J. LAFFERTY, III , Bankruptcy Judge . On October 31, 2019, Debtor Faye Myrette Crosley filed a document styled as a Letter to the Court (doc. 14), and on November 6, 2019, Debtor filed a document titled Notice of Opposition and Request for Hearing (doc. 15) (together, the "Documents"). Both documents appear to have been filed solely by the Debtor, without the help of her attorney in this bankruptcy, Ryan P. Keenan. The Court notes that...
MEMORANDUM DECISION AFTER TRIAL M. Elaine Hammond , U.S. Bankruptcy Judge . Naviscent, LLC ("Naviscent") and Michael Otte ("Otte") each brought adversary proceedings against the other challenging the other creditor's claim amount and its secured status. The adversary proceedings were tried together on October 8 and 9, 2019. Following trial, the matters were taken under submission. This court has jurisdiction over this matter pursuant to 28 U.S.C. 1334. This is a core proceeding pursuant...
MEMORANDUM DECISION ON FRANCHISE TAX BOARD'S MOTION FOR SUMMARY JUDGMENT Roger L. Efremsky , U.S. Bankruptcy Judge . I. Introduction Plaintiffs' complaint in this adversary proceeding states two claims for relief against the Franchise Tax Board (the "FTB"). The first claim is based on Bankruptcy Code 505(a) and asks the court to find that plaintiffs owe nothing to the FTB on the theory that the tax debt is owed by S & N Holding Company, Inc. ("S & N"), a Subchapter S corporation which...
MEMORANDUM REGARDING SCHEDULED HEARING WILLIAM J. LAFFERTY, III , Bankruptcy Judge . A hearing on interested party Rachelle Wells' Ex Parte Application to Reopen Case (the "Motion") (doc. 56) is currently scheduled for October 9, 2019 at 10:30 a.m. in the above-captioned case. While the former Chapter 13 Trustee's appearance is not mandated, the Court is especially interested in the former Trustee's stance regarding the Motion.
MEMORANDUM DECISION ON COMPLAINT TO DETERMINE NONDISCHARGEABILITY OF DEBTS DENNIS MONTALI , Bankruptcy Judge . I. INTRODUCTION On April 30, May 1 and May 16, 2019, the court conducted a trial on the complaint filed by plaintiffs Cuckoo's Nest Club, LLC ("CN") and BootUp Ventures, LLC ("BU") and collectively with CN, "Plaintiffs", against defendant Anthony Blake Perkins ("Perkins"). Plaintiffs appeared and were represented by David P. Nemecek, Esq; Perkins appeared in propria persona....
MEMORANDUM DECISION RE: DISCHARGEABILITY OF DEBT CHARLES NOVACK , Bankruptcy Judge . On July 31, 2019, this court conducted a trial in this adversary proceeding. All appearances were noted on the record. The following constitutes this court's findings of fact and conclusions of law under Federal Rule of Bankruptcy Procedure 7052: Plaintiff Andrew Kingsdale is a licensed California attorney who represented defendant Simon Chan in a Contra Costa County Superior Court action which ultimately...
MEMORANDUM DECISION ON MOTION TO DISMISS CLAIMS AGAINST DEFENDANT CARMEL FINANCING LLC DENNIS MONTALI , U.S. Bankruptcy Judge . On April 7, 2019, plaintiff E. Lynn Schoenmann, chapter 7 trustee ("Trustee") of the chapter 7 estate of Mayacamas Holdings LLC ("Debtor"), filed a Complaint to Determine Validity, Priority, and Extent of Liens; to Avoid Unperfected Security Interests and Fraudulent and Preferential Transfers; and to Object to Claims Relating to Sonoma County Assessor's Parcel...
MEMORANDUM DECISION RE MOTION TO ALTER OR AMEND JUDGMENT M. ELAINE HAMMOND , Bankruptcy Judge . Plaintiff Leeanna Martinez ("Plaintiff" or "Martinez") brought a motion for summary judgment against Defendant Naviscent, LLC ("Defendant" or "Naviscent") seeking a determination that the Temporary Protective Order ("TPO") and Writ of Attachment ("Writ") obtained by Defendant prepetition are void ab inito. Defendant opposed the motion. Following hearing, the court issued an oral ruling...
MEMORANDUM DECISION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT M. Elaine Hammond , U.S. Bankruptcy Judge Defendants Gabriele Israilovici and Giovanni Nappi seek to have this court find as a matter of law that the 541 Claims are time-barred. The applicable statute of limitations for these claims is three years pursuant to California Code of Civil Procedure 338. Defendants argue Plaintiffs, Cecchi Gori Pictures, Inc. and Cecchi Gori USA, Inc. ("Debtors" or "Plaintiffs") were on notice...
FINAL ORDER ON MOTIONS FOR SUMMARY JUDGMENT AND ORDER SETTING CONTINUED STATUS CONFERENCE CHARLES NOVACK , Bankruptcy Judge . The parties in this adversary proceeding have cross-moved for summary judgment or summary adjudication (the "Summary Judgment Motions"). On July 2, 2019, this court issued a tentative decision regarding the Summary Judgment Motions and heard further argument on August 5, 2019. Having considered the parties' arguments, this court issues the following order granting...
MEMORANDUM DECISION REGARDING MOTIONS TO TERMINATE EXCLUSIVITY DENNIS MONTALI , Bankruptcy Judge . I. INTRODUCTION Before this court are two motion to terminate Debtors' exclusivity periods for filing a Chapter 11 Plan and Disclosure Statement. The Ad Hoc Committee of Senior Unsecured Noteholders filed their motion on June 25, 2019 (dkt. #2741). The Ad Hoc Group of Subrogation Claim Holders filed their motion on July 23, 2019 (dkt. #3147) (together the "Motions"). The Motions came on for...
