MEMORANDUM DECISION RE: DEFENDANT'S MOTION TO DISMISS AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Arthur S. Weissbrodt , U.S. Bankruptcy Judge . Before the Court are two motions. The first is a motion to dismiss under Fed. R. Civ. P. 12(b)(6) filed by Defendant United States of America, Internal Revenue Service ("IRS"), which is represented by attorney Thomas Newman. The second is a motion for summary judgment filed by Plaintiff and Debtor Drew Nomellini, who is represented by attorney...
MEMORANDUM OF DECISION REGARDING PLAINTIFFS' MOTIONS TO DISMISS ADVERSARY PROCEEDINGS AND DEFENDANTS' COUNTER MOTIONS FOR ORDERS DETERMINING PREVAILING PARTY WILLIAM J. LAFFERTY, III, , Bankruptcy Judge . I. Introduction and Summary of Disposition Plaintiffs filed the above-captioned adversary proceedings against Defendants to have certain debts declared nondischargeable pursuant to 523(a)(2)(A), (a)(4), and (a)(6) of the Bankruptcy Code. 1 During the pendency of the adversary...
OPINION REGARDING FINALITY OF JUDGMENT ON APPEAL FOR COLLATERAL ESTOPPEL PURPOSES Thomas J. Tucker , United States Bankruptcy Judge . I. Introduction In this adversary proceeding, Plaintiff Said Taleb seeks a determination that the Defendant/Debtor Keith Kramer's debt under a state court judgment, which is based on an arbitration award, is nondischargeable under 11 U.S.C. 523(a)(6), as a debt for "willful and malicious injury by the debtor." Plaintiff has filed a motion for summary...
MEMORANDUM RE ORDER FOR RULE 2004 EXAMINATION AND TO PRODUCE DOCUMENTS WILLIAM J. LAFFERTY, III , Bankruptcy Judge . On June 17, 2015, an Order Reopening Chapter 7 Case was entered (Doc. 41). The case was reopened so that the United States Trustee could conduct an examination of Debtor. An Order for Rule 2004 Examination and to Produce Documents was entered on June 17, 2015 (Doc. 42). The examination was scheduled for July 13, 2015. No further action has been taken in the case. The...
MEMORANDUM OF DECISION REGARDING PLAINTIFFS' MOTIONS TO DISMISS ADVERSARY PROCEEDINGS AND DEFENDANTS' COUNTER MOTIONS FOR ORDERS DETERMINING PREVAILING PARTY WILLIAM J. LAFFERTY, III , Bankruptcy Judge . I. Introduction and Summary of Disposition Plaintiffs filed the above-captioned adversary proceedings against Defendants to have certain debts declared nondischargeable pursuant to 523(a)(2)(A), (a)(4), and (a)(6) of the Bankruptcy Code. 1 During the pendency of the adversary...
MEMORANDUM DECISION REGARDING COUNSEL'S FEE APPLICATION DENNIS MONTALI , Bankruptcy Judge . On November 19, 2015, this court held a hearing on and took under advisement the fee application of Jason Honaker and William H. Hummel ("Counsel"), attorneys for debtor Alma Veronica Valle ("Debtor"). Counsel sought approval of fees in the amount of $19,763.00 ($6,600 of which has already been paid pursuant to this court's no-look guidelines set forth in the Rights and Responsibilities of Chapter...
MEMORANDUM REGARDING DEFENDANTS' COUNTER MOTIONS FOR SANCTIONS William J. Lafferty, III , U.S. Bankruptcy Judge . I. Introduction and Procedural History Plaintiffs, the Boards of Trustees ("Laborers Board" or "Cement Masons Board", collectively, the "Boards") of various employee benefit trust funds (the "Laborers Trust Funds" or the "Cement Masons Trust Funds") 1 filed the above-captioned adversary proceedings against Defendants-Debtors, Jorge and Lidia Quinones ("Jorge" or "Lidia" or...
Memorandum on Motion to Dismiss ALAN JAROSLOVSKY , Bankruptcy Judge . The first amended complaint in this adversary proceeding alleges that defendants Terry and Nancy Otton were officers of debtor Hill Wince Company (1.2 and 1.3); that they prepared materially false financial statements on behalf of Hill Wine Company (3.16 and 3.17); that they knew the financial statements were false (3.22); that they provided the false financial statements to plaintiff Universal Funding Corporation to...
MEMORANDUM DECISION RE MOTIONS FOR SUMMARY JUDGMENT Roger L. Efremsky , U.S. Bankruptcy Judge . I. Introduction Before the court are cross-motions for summary judgment by plaintiff Susan L. Uecker, the liquidating trustee appointed under the confirmed plan of Mortgage Fund '08 LLC (the "Trustee" and "MF08"), and defendant Robert L. Montgomery. This matter has been fully briefed and argued. The Trustee moves for summary judgment on the California Civil Code 3439.04(a) constructive...
MEMORANDUM RE ORDER DIRECTING EXAMINATION PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 2004 WILLIAM J. LAFFERTY, III , Bankruptcy Judge . On July 29, 2015, an Order Reopening Chapter 7 Case was entered. The case was reopened so that the United States Trustee could conduct an examination. An Order Directing Examination Pursuant to Fed. R. of Bank. P. 2004 was entered on July 29, 2015. The examination was scheduled for September 3, 2015. No further action has been taken in the case....
Memorandum re Plan Confirmation ALAN JAROSLOVSKY , Bankruptcy Judge . I. Background Chapter 11 debtor in possession James Bowie is self-employed as a woodworker and manufacturer of fine furniture. In 2011, he purchased the real property at 5990 Bald Mountain Road, Browns Valley, California, from an elderly widow, Carol M. Alberigi, who took back a note in favor of the Carol M. Alberigi Revocable Trust for most of the purchase price. In 2013, Bowie borrowed a further $30,000.00 from...
MEMORANDUM DECISION RE: INTEREST RATE 1 Charles Novack , U.S. Bankruptcy Judge . In this Chapter 11 case, the Court has been asked to determine whether to cram down the interest rate on a loan pertaining to real property located at 523 Burlingame Avenue in Capitola, California (the "Property"). At trial, Esterlita Cortes Tapang ("Debtor") was represented by Francisco Aldana, and Creditor 523 Burlingame LLC ("Creditor") was represented by David Wiseblood. 2 The parties have asked the...
Memorandum re Violation of Discharge Injunction ALAN JAROSLOVSKY , Bankruptcy Judge . On May 7, 2013, while Chapter 7 debtor William Shaw and creditor Lisa Rogerson were in a relationship and living together, they entered into a written agreement. The agreement, entitled "Investment Agreement/Promissory Note," provided that Rogerson would give up to $150,000.00 to Shaw "and through any liability entity as may hereinafter be formed" for the purpose of financing an automotive wheel...
MEMORANDUM REGARDING DEBTOR'S FILING OF DOCUMENTS WILLIAM J. LAFFERTY, III , Bankruptcy Judge . The above-captioned bankruptcy Chapter 7 case was filed on September 28, 2015 (doc. 1). On September 29, 2015, the Court entered an Order to File Required Documents and Notice Regarding Dismissal for Non-Compliance by October 13, 2015 (doc. 4). Debtor was granted an extension to file the Required Documents (doc. 10). On October 20, 2015, Debtor timely filed all of the Required Documents except...
MEMORANDUM AFTER HEARING AND ORDER REGARDING PAYMENT BY DEBTOR WILLIAM J. LAFFERTY, III , Bankruptcy Judge . On October 28, 2015, the Court held a hearing on the Motion for Relief from Stay (doc. 11) by American Honda Finance Corporation ("Movant"). At the hearing, Movant's counsel indicated that Debtor failed to comply with the Court's oral order that Debtor make the October 2015 payment regarding the subject property. Debtor's counsel had no recollection of such an order. The Court also...
Memorandum re Nondebtor's Claim of Exemptions ALAN JAROSLOVSKY , Bankruptcy Judge . Debra Lynn Taylor is the estranged wife of Chapter 7 debtor Michael Taylor. According to her, she separated from Michael in 2013 but there have been no dissolution proceedings. 1 While they were married, Debra and Michael acquired a home at 324 Major Drive, Santa Rosa, California, taking title as joint tenants. On July 11, 2014, Michael gave Debra a deed to his half interest in the property. However, she...
MEMORANDUM REGARDING RECENT NINTH CIRCUIT DECISION WILLIAM J. LAFFERTY, III , Bankruptcy Judge . At a Status Conference held on Tuesday, September 29, the Court set a hearing date of October 19, and a briefing schedule for Plaintiffs' Motion to Dismiss Adversary Proceeding (doc. 130) and Defendants' Counter-Motion for Order Determining Prevailing Party (doc. 141) and Counter Motion for Sanctions (doc. 142). In connection with the Counter-Motion for Order Determining Prevailing Party,...
MEMORANDUM REGARDING RECENT NINTH CIRCUIT DECISION WILLIAM J. LAFFERTY, III , Bankruptcy Judge . At a Status Conference held on Tuesday, September 29, the Court set a hearing date of October 19, and a briefing schedule for Plaintiffs' Motion to Dismiss Adversary Proceeding (doc. 130) and Defendants' Counter-Motion for Order Determining Prevailing Party (doc. 141) and Counter Motion for Sanctions (doc. 142). In connection with the Counter-Motion for Order Determining Prevailing Party,...
MEMORANDUM DECISION ARTHUR S. WEISSBRODT , Bankruptcy Judge . This matter came before the Court for a trial on Plaintiff Nara Bank's adversary claims against Defendant and Debtor Bic Pho. At the trial, Plaintiff was represented by attorneys Joon W. Song and Joshua A. Gratch. Defendant was represented by attorney Stanley A. Zlotoff. Plaintiff called three witnesses: Defendant, Frank Hicks, and Sang Oh. Mr. Hicks was offered as a handwriting expert, and Mr. Oh testified as an employee of...
MEMORANDUM DECISION ON PLAINTIFF'S CLAIM UNDER 11 U.S.C. 523 Arthur S. Weissbrodt , U.S. Bankruptcy Judge . This matter came before the Court for trial on multiple dates in 2014 and 2015. The Plaintiff, Michael Zamani, appeared pro se. The Defendant and Debtor, Ray Razavi, appeared through attorney Stanley Zlotoff. Following the last day of trial, the Court issued a briefing schedule for written closing arguments. Initially, Plaintiff's closing brief was due on February 28, 2015,...
