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This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
December 2012 Page 1 F 6004-2.NOTICE.SALE
Sale Date: Time:
Location:
Type of Sale: Public Private Last date to file objections:
Description of property to be sold:
Terms and conditions of sale:
Proposed sale price: _________________________________
Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & Email Address
FOR COURT USE ONLY
Individual appearing without attorneyAttorney for:
UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - DIVISION
CASE NO.:
CHAPTER:
In re:
NOTICE OF SALE OF ESTATE PROPERTY
Debtor(s).
Christopher Celentino (State Bar No. 131688) christopher.celentino@dinsmore.com Mikel R. Bistrow (State Bar No. 102978) mikel.bistrow@dinsmore.com DINSMORE & SHOHL LLP 655 West Broadway, Suite 800 San Diego, CA 92101 Telephone: 619.400.0500 Facsimile: 619.400.0501
Chapter 7 Trustee, Peter J. Mastan
LOS ANGELES DIVISION
MARIA A. GONZALEZ
2:18-bk-16304-SK
7
06/12/2019 9:00 am
255 E. Temple Street, Courtroom 1575, Los Angeles, California 90012
05/29/2019
The Estate's interest in the real property commonly known as 3159, 3161, and 3163 Drew Street, Los Angeles, CA 90065
See Sale Motion; A copy of the Sale Motion may be obtained by contacting Christopher Celentino, Attorney for the Chapter 7 Trustee, at the address listed above.
$ 850,000.00
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This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
December 2012 Page 2 F 6004-2.NOTICE.SALE
Overbid procedure (if any):
If property is to be sold free and clear of liens or other interests, list date, time and location of hearing:
Contact person for potential bidders (include name, address, telephone, fax and/or email address):
Date:
See attached notice for proposed overbid procedure.
Date: June 12, 2019 Time: 9:00 a.m. Location: 255 E. Temple Street Courtroom 1575 Los Angeles, CA 90012
Persons interestd in overbidding should contact Mr. Bill Friedman, Coldwell Banker, 2444 Wilshire Blvd., Suite 102, Santa Monica, CA 90403; Tel: (310) 586-0367; billfried@earthlink.com.
05/21/2019
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Christopher Celentino (State Bar No. 131688) Mikel Bistrow (State Bar No. 102978) DINSMORE & SHOHL LLP 655 West Broadway, Suite 800 San Diego, CA 92101 Telephone: 619.400.0500 Facsimile: 619.400.0501 christopher.celentino@dinsmore.com mikel.bistrow@dinsmore.com Counsel to the Chapter 7 Trustee, Peter J. Mastan
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA – LOS ANGELES DIVISION
In re:
MARIA A. GONZALEZ,
Debtor.
Case No. 2:18-bk-16304-SK Chapter 7 NOTICE OF FILING OF AND HEARING ON MOTION FOR ORDER AUTHORIZING SALE OF REAL PROPERTY: (A) OUTSIDE THE ORDINARY COURSE OF BUSINESS; (B) FREE AND CLEAR OF ALL CLAIMS, LIENS, ENCUMBRANCES AND INTERESTS; (C) SUBJECT TO OVERBIDS; (D) FOR DETERMINATION OF GOOD FAITH PURCHASERS UNDER §363(M); (E) TO PAY THE COSTS OF THE SALE; (F) APPROVING ASSUMPTION AND ASSIGNMENT OF LEASES; AND (G) TO PAY THE BROKERS' COMMISSION; AND MOTION FOR ORDER FOR TURNOVER OF ESTATE PROPERTY PURSUANT TO §521(a)(4) AND §542 Date: June 12, 2019 Time: 9:00 a.m. Ctrm: 1575 Edward R. Roybal Federal Building and Courthouse 255 E. Temple Street Los Angeles, CA 90012 Judge: Hon. Sandra R. Klein
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TO (A) THE DEBTOR, (B) THE OFFICE OF THE UNITED STATES TRUSTEE, (C)
ALL SCHEDULED CREDITORS OF THE ESTATE OR PERSONS HAVING FILED
PROOFS OF CLAIM, AND (D) ALL PERSONS REQUESTING SPECIAL NOTICE, (E)
ALL LIENHOLDERS OF RECORD, AND THEIR RESPECTIVE COUNSEL OF RECORD,
IF ANY:
NOTICE IS HEREBY GIVEN that on June 12, 2019 at 9:00 a.m. calendar, in courtroom
1575 of the United Stated Bankruptcy Court located at 255 E. Temple Street, Los Angeles,
California 90012, the Honorable Sandra R. Klein, United States Bankruptcy Judge presiding, will
conduct a hearing on the "Motion For Order Authorizing Sale Of Real Property: (A) Outside the
Ordinary Course Of Business; (B) Free and Clear Of All Claims, Liens, Encumbrances and Interests;
(C) Subject To Overbids; (D) For Determination of Good Faith Purchasers Under §363(M); (E) To
Pay The Costs of The Sale; (F) Approving Assumption and Assignment Of Leases; And (G) To Pay
The Brokers' Commission; and Motion For Order For Turnover Of Estate Property Pursuant To
§521(A)(4) and §542 (the "Motion"), of Peter J. Mastan, court-appointed Chapter 7 trustee (the
"Trustee") of the bankruptcy estate (the "Estate") of the above-captioned debtor (the "Debtor").
Specifically, through the Motion, the Trustee seeks an order that does all of the following:
(1) Grants the Motion;
(2) Approves the Sale and bid procedures, as described in the Motion, as appropriate and
reasonable;
(3) Pursuant to Section 363(b) of the Bankruptcy Code, authorizes, directs, and
empowers the Trustee and the Estate to take any and all actions necessary or appropriate to:
(i) Consummate, as set forth in the Motion, the sale to Gabriel Rodas, or a
successful overbidder, (in any case, as applicable, the "Buyer"), of the real property commonly
known and designated as 3159, 3161, and 3163 Drew Street, Los Angeles, CA 90065 (the
"Property"), and legally described as follows:
THE SOUTHEAST 95.05 FEET OF LOT 5, OF TRACT NO. 4205, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 44 OF MAPS, PAGE(S) 89 IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY. APN: 5458-014-011.
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(ii) Close the sale as contemplated in the Motion and the Sale Agreement; and
(iii) Execute and deliver, perform under, consummate, implement and close fully
the proposed sale transaction contemplated in the Sale Agreement, together with all additional
instruments and documents that may be reasonably necessary or desirable to implement the Sale,
including without limitation, any ancillary documents, or as may be reasonably necessary or
appropriate to the performance of the obligations as contemplated by the Sale Agreement and such
other ancillary documents. Without otherwise limiting the relief sought herein, authorizes the
Trustee, in his capacity as trustee of the Estate, to execute and deliver all documents necessary to
consummate the sale of the Property and close escrow on behalf of the Debtor and the Estate, and to
take any and all actions on behalf of the Debtor and the Estate to consummate and close the sale
and/or to effectuate the transaction and matters relating thereto or thereunder and under the Motion
and Sale Agreement. Without limiting the rights of the Trustee, requires the Debtor and its
representative agents and representatives to cooperate with respect to consummation of the sale and
not take any action to interfere with the implementation or administration of the sale.
(4) Authorizes the Trustee to pay through escrow all usual and customary costs of sale,
including without limitation (a) brokers’ commissions of 5.0% (totaling approximately $42,500.00),
(b) escrow fees, (c) title insurance fees, (d) recording fees, (e) messenger fees, (f) liens of record, in
each case to the extent not disputed by the Trustee. Authorizes the Trustee to pay through escrow (i)
the liens of any and all taxing authorities, and (ii) any other liens of record against the Property, in
each case to the extent not disputed by the Trustee.
(5) To the extent otherwise required to do so, relieves the brokers receiving commissions
in connection with the proposed sale of any obligations that they may otherwise have had to file fee
applications.
(6) The Trustee’s sale of the Property is free and clear of all claims, liens and interests, as
set forth in the Motion, including without limitation the following claims, liens or interests which are
recorded with the Los Angeles County Recorder:
(a) The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5
commencing with Section 75 of the California Revenue and Taxation Code.
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(b) General and special taxes and assessments for the fiscal year 2019- 2020;
(c) The Deed of trust to secure an original indebtedness of $1,015,000.00, recorded
JUNE 07, 2016 as Instrument No. 20160651026 of Official records, reflecting a beneficiary of
Cardenas Three LLC;
(d) The document recorded January 09, 2017 as Instrument No. 20170026137 of
Official Records provides that C&H Trust Deed Service was substituted as trustee under the deed of
trust.
(e) The notice of default recorded February 08, 2018 as Instrument No. 20180132786
of Official Records.
(f) A notice of trustee’s sale recorded May 09, 2018 as Instrument No. 20180458158
of Official Records.
(7) Determines that, to the extent that any portion of a claim, lien or interest in or to the
Property is not paid through escrow, such claim(s), lien(s), and interest(s) in and to the Property shall
attach to the net sale proceeds that are received by the Trustee through escrow with the same
validity, priority, force and effect as such claims, liens, and interests had with respect to the
Property;
(8) Determines that the Counteroffer was entered into in good faith, in an arm’s-length
transaction and the Buyer are acting in good faith within the meaning of 11 U.S.C. section 363(m);
(9) Determines that adequate notice of the hearing on the Motion was given and approves
overbid procedures in the Motion;
(10) Determines that the terms and provisions of the Order on the Motion shall be binding
in all respects upon the Buyer, the Debtor, the Trustee, the Estate, all creditors and interest holders of
the Debtor and the Estate, all parties having received notice of the Motion, and all interested parties,
and their respective successors and assigns, including, but not limited to (a) any creditor asserting a
lien, claim, or other interest in the Property, and (b) Cardenas Three LLC;
(11) Determines that a certified copy of the Order on the Motion may be filed with the
appropriate clerk and/or recorded with the county recorder to evidence conclusively the release or
cancellation of the claims, liens, and interests as set forth in that Order;
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(12) Determines that the Order on the Motion may be presented to and shall be binding
upon and govern the acts of all persons and entities, including, without limitation, all filing agents,
filing officers, title agents, title companies, escrow agents, recorders of mortgages, recorders of
deeds, registrars of deeds, administrative agencies, federal, state and local governmental agencies or
departments, secretaries of state, federal or local officials, and all other persons and entities who may
be required by operation of law, the duties of their office, or contract, to accept, file, register or
otherwise record or release any documents or instruments, or who may be required to report or
insure title or state of title in or to any Property; and directs each of the foregoing persons and
entities to accept for filing any and all of the documents and instruments necessary and appropriate
to consummate the transactions contemplated by the Sale Agreement;
(13) Authorizes the Title Company or any other issuer of a title policy insuring the sale, if
any, and the Escrow Agent, to be entitled to rely upon the Order on the Motion in connection with
the sale;
(14) Determines that the failure to specifically include any particular provision of the Sale
Agreement in the Order on the Motion does not diminish or impair the effectiveness of such
provision, it being the intent of the Bankruptcy Court that the Sale Agreement is authorized and
approved in its entirety;
(15) Determines that, to the extent that the Order on the Motion is inconsistent with any
prior order or pleading, the terms of the Order on the Motion shall govern. Determines that, to the
extent the terms of the Order on the Motion are inconsistent with the terms of the Sale Agreement,
the terms of the Order on the Motion shall govern;
(16) Determines that the existing leases of the Property, if any, have been assumed by the
Trustee and assigned to the Buyer effective upon the closing of the proposed sale;
(17) Determines that the Debtor is entitled to $175,000.00 of the Proceeds of the sale
pursuant to the applicable homestead exemption;
(18) Determines that the Debtor shall turnover the Property to the Trustee or the purchaser
of the Property, as applicable, no later than fifteen (15) days after the entry of the Order on this
Motion and if the Debtor does not turnover the Property to the Trustee or the purchaser, as
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applicable, by that time, the clerk of the Court shall issue a writ of possession directed to the U.S.
Marshal to deliver possession to the Trustee to deliver to the Buyer. If the Property is not vacated
within five (5) days after the issuance and service of the Write of Possession by first class mail and
posting of same on the Property, the U.S. Marshal shall put the Trustee or the purchaser, as
applicable, in possession of the Property by making forced entry to remove the occupants from the
Premise, and the U.S. Marshal shall be held harmless of any wrongdoing arising out of this eviction;
(19) Determines that the Order on the Motion constitutes a final and appealable order
within the meaning of 28 U.S.C. § 158(a). Determines that the fourteen (14) day stay period set
forth in Bankruptcy Rules 4001(a)(3), 6004(h), 6006(d), 7062 and 9014 of the Federal Rules of
Bankruptcy Procedure, to the extent applicable, are waived; and notwithstanding Bankruptcy Rules
4001(a)(3), 6004(h), 6006(d), 7062 or 9014 or Rule 62(a) of the Federal Rules of Civil Procedure,
the Order on the Motion shall be immediately effective and enforceable upon its entry and there shall
be no stay of execution or otherwise of the Order on the Motion. Determines that, in the absence of
any person or entity obtaining a stay pending appeal of the Order on the Motion, the Trustee, the
Estate and the buyer (whether the Buyer or a successful overbidder) are free to close the sale under
the Sale Agreement at any time, subject to the terms of the Sale Agreement;
(20) Determines that the Bankruptcy Court will retain jurisdiction to, among other things,
interpret, implement, and enforce the terms and provisions of the Order on the Motion and the Sale
Agreement, all amendments thereto and any waivers and consents thereunder and each of the
agreements executed in connection therewith to which the Trustee or the Estate are a party or which
will be assigned by the Estate to the Buyer, and to adjudicate, if necessary, any and all disputes
concerning or relating in any way to the sale. Further determines that the Bankruptcy Court will
retain jurisdiction over any matter or dispute arising from or relating to the implementation of the
Order on the Motion. Without limiting the foregoing, determines that the Bankruptcy Court retains
jurisdiction, pursuant to its statutory powers under 28 U.S.C. § 157(b)(2), to, among other things,
interpret, implement, and enforce the terms and provisions of the Order on the Motion, the Sale
Agreement, all amendments thereto and any waivers and consents thereunder and any documents
executed in connection therewith to which the Trustee is a party, including, but not limited to,
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retaining jurisdiction to: (a) compel delivery of the Property to the Buyer; (b) interpret, implement
and enforce the provisions of the Order on the Motion and any related order; (c) any challenge to the
overbid procedure and/or the conduct of the sale hearing; (d) protect Buyer against any liens, claims,
encumbrances and interests in the Property as to which the Property is sold free and clear of under
the Order on the Motion; and (e) any disputes related to the Sale Agreement or the Order on the
Motion.
NOTICE IS FURTHER GIVEN that the Motion is made pursuant to 11 U.S.C. §§ 363(b),
363(m), 365, 521(a), and 541(a)(6), and 542, Federal Rules of Bankruptcy Procedure 2002 and 6004,
and Local Bankruptcy Rules 6004-1 and 9013-1 on the grounds that the proposed sale is in the best
interests of the Estate in that the sale will maximize the value of the Property for the benefit of the
Estate's unsecured creditors and result in available unsecured funds through escrow.
NOTICE IS FURTHER GIVEN that the Motion is based upon (a) this Notice of Filing of
and Hearing on Motion; (b) the concurrently filed Notice of Motion and Motion, Memorandum of
Points and Authorities, Declarations of Peter J. Mastan, Samuel R. Biggs, William Friedman, and
Steve Flores, and Exhibits; (c) the pleadings on file with the Court of which the Court is requested to
take judicial notice; and (d) such further evidence that may be properly submitted prior to or at the
hearing on the Motion. At your own expense, you may obtain a copy of the complete motion from
the Court’s file. Alternatively, you may obtain an electronic copy of the complete motion by
contacting and providing your email address to Travis Terry who can be reached by telephone at
213-335-7739, or by email at Travis.Terry@dinsmore.com.
NOTICE IS FURTHER GIVEN that, pursuant to Local Bankruptcy Rule 9013-1(f), any
opposition to the Motion must be in writing; must be filed with the Court and served upon the
Trustee, the Office of the United States Trustee, and the Debtors at the addresses set forth below not
later than 14 days before the hearing on the Motion; and must include a complete written statement
of all reasons in opposition thereto or in support or joinder thereof, declarations and copies of all
photographs and documentary evidence on which the responding party intends to rely, and any
responding memorandum of points and authorities:
///
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For Filing With the Court: Clerk's Office United States Bankruptcy Court 255 E. Temple Street, Room 940 Los Angeles, California 90012 For Service on Hon. Sandra R. Klein, Bankruptcy Judge: Hon. Sandra R. Klein United States Bankruptcy Court Central District of California Edward R. Roybal Federal Building and Courthouse 255 E. Temple Street, Suite 1582 Los Angeles, CA 90012 For Service on the Trustee: Peter J. Mastan, Trustee c/o Christopher Celentino Dinsmore & Shohl LLP 655 W. Broadway, Suite 800 San Diego, California 92101 For Service on Office of U.S. Trustee: Office of the U.S. Trustee 915 Wilshire Blvd., Suite 1850 Los Angeles, CA 90017 For Service on the Debtor: Maria A. Gonzalez 3163 Drew Street Los Angeles, California 90065 And Ryan A. Stubbe, Esq. Jaurique Law Group 300 W. Glenoaks Blvd., Suite 300 Glendale, California 91202
NOTICE IS FURTHER GIVEN that, pursuant to Local Bankruptcy Rule 9013-1(h), failure
to timely file and serve an objection may be deemed by the Court to be consent to granting the relief
requested in the Motion.
Dated: May 21, 2019 Respectfully submitted, By: /s/ Christopher Celentino
Christopher Celentino Mikel R. Bistrow Counsel to the Chapter 7 Trustee, Peter J. Mastan.
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