MEMORANDUM DECISION RE MOTION FOR DAMAGES FOR VIOLATION OF THE AUTOMATIC STAY ARTHUR S. WEISSBRODT, Bankruptcy Judge. Before the Court is the motion ("Motion") by debtor Byron Jha ("Debtor") for damages against the United States of America, Internal Revenue Service ("IRS"), for violation of the automatic stay. The IRS concedes that the IRS violated the automatic stay by sending nine Notice of Intent to Levy letters to Debtor post-petition. Debtor also seeks a determination that the IRS...
MEMORANDUM DECISION REGARDING MOTION TO DISMISS FIRST AMENDED COMPLAINT DENNIS MONTALI, Bankruptcy Judge. On July 7, 2011, the court held a hearing on the motion of Gregory Canyon Ltd. and Servcon-San Marcos, Inc. ("Defendants") to dismiss the first amended complaint of Heller Ehrman LLP, Liquidating Debtor under a confirmed Chapter 11 plan ("Heller"). For the reasons set forth below, the court concludes there is no related to jurisdiction over this action under 28 U.S.C. 157(c)(1) and...
MEMORANDUM DECISION ON DEBTOR'S MOTION SETTING PROPERTY VALUE DENNIS MONTALI, Bankruptcy Judge. I. INTRODUCTION Before the court is a Motion Setting Property Value ("Motion") filed by Debtor Eva Lopez Araujo ("Debtor") on May 18, 2011, to determine the value of personal property securing an allowed claim. The personal property at issue is a 2006 Toyota Sienna LE (the "Vehicle"). The secured creditor, Travis Credit Union ("Travis"), holds a consensual lien secured by the Vehicle. Debtor...
DECISION EDWARD D. JELLEN, Bankruptcy Judge. Plaintiff Arriva Pharmaceuticals, Inc., the above reorganized debtor ("Arriva"), has moved for summary judgment on its fourth claim for relief in this adversary proceeding against defendants John Lezdey ("Lezdey"), J.L. Technology L.P., and Jamie Holding Company, LLC. 1 (The defendants herein are jointly hereinafter referred to as the "Lezdey Parties.") The court will grant Arriva's motion. A. Background This adversary proceeding is the...
MEMORANDUM DECISION GRANTING DISCHARGE ARTHUR S. WEISSBRODT, Bankruptcy Judge. Before the Court is a complaint by Francisco De Anda ("Creditor") against Kyung S. Song, aka Michael Song ("Debtor"), the debtor in this Chapter 7 1 case. The complaint seeks a denial of Debtor's discharge pursuant to the following Bankruptcy Code sections: 727(a)(2) as arising from an alleged transfer of Debtor's property within a year of the petition date with an intent to hinder, delay or defraud creditors; 727(...
