29
United States Bankruptcy Court Central District of California Judge Mark Houle, Presiding Courtroom 303 Calendar Riverside Tuesday, May 12, 2020 303 Hearing Room 11:00 AM Frank A Horzen and Barbara A Horzen 6:16-21234 Chapter 13 #1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 19579 Casmelia Street, Rialto, CA 92377 MOVANT: WILMINGTON TRUST COMPANY EH__ 152 Docket Tentative Ruling: 5/12/20 Service: Proper Opposition: Debtor To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Wilmington Trust Company (hereinafter "WTC") claims that post-petition post- confirmation mortgage payments due have not been made by the Debtors. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993). Debtors must show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). Debtors have opposed the motion. Debtors state that "they are seeking an adequate protection order to cure the outstanding post-petition delinquency." Dkt. No. 156. Tentative Ruling: Page 1 of 29 5/11/2020 5:19:36 PM

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Page 1: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/MH_051220.pdf · 6:19-15353 Donald Ray Levier, Jr. and Antoinette Marie Levier Chapter

United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

11:00 AMFrank A Horzen and Barbara A Horzen6:16-21234 Chapter 13

#1.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 19579 Casmelia Street, Rialto, CA 92377

MOVANT: WILMINGTON TRUST COMPANY

EH__

152Docket

Tentative Ruling:

5/12/20

Service: ProperOpposition: Debtor

To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Wilmington Trust Company (hereinafter "WTC") claims that post-petition post-confirmation mortgage payments due have not been made by the Debtors. "The failure, however, of a debtor to tender post-petition payments to a mortgagee does not mean that the secured creditor must be granted relief from the stay…Evidence of a post-petition delinquency only means that the debtor must then come forward with evidence demonstrating that the mortgagee’s secured interest is adequately protected." In re Middleton Place Assocs., 1993 Bankr. Lexis 2171, *28-*29 (Bankr. E.D. PA, 1993).

Debtors must show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1).

Debtors have opposed the motion. Debtors state that "they are seeking an adequate protection order to cure the outstanding post-petition delinquency." Dkt. No. 156.

Tentative Ruling:

Page 1 of 295/11/2020 5:19:36 PM

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

11:00 AMFrank A Horzen and Barbara A HorzenCONT... Chapter 13

Debtor claims that "their counsel has reached-out to opposing counsel and was informed that due to the current COVID-19 situation, there have been longer delays than normal regarding approval." Id.

Parties are to update the Court on the status of adequate protection discussions.

APPEARANCES REQUIRED.

Party Information

Debtor(s):

Frank A Horzen Represented ByPaul Y Lee

Joint Debtor(s):

Barbara A Horzen Represented ByPaul Y Lee

Movant(s):

Wilmington Trust Company Represented ByApril HarriottMatthew R. Clark IIISean C FerryTheron S CoveyEric P Enciso

Trustee(s):

Rod Danielson (TR) Pro Se

Page 2 of 295/11/2020 5:19:36 PM

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

11:00 AMDonald Ray Levier, Jr. and Antoinette Marie Levier6:19-15353 Chapter 13

#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 15735 McIntosh Ave, Chino, CA 91708-9353

MOVANT: CALIBER HOME LOANS, INC.

EH__

39Docket *** VACATED *** REASON: ORDER ENTERED 4/21/20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Donald Ray Levier Jr. Represented ByD Justin Harelik

Joint Debtor(s):

Antoinette Marie Levier Represented ByD Justin Harelik

Movant(s):

Caliber Home Loans, Inc. Represented ByChristina J Khil

Trustee(s):

Rod Danielson (TR) Pro Se

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

11:00 AMLarry M Carter and Deborah K Carter6:20-10428 Chapter 7

#3.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 34778 Hickory Lane, Wildomar, CA 92529

MOVANT: 2ND CHANCE MORTGAGES INC

From: 4/14/20

EH__

9Docket

Tentative Ruling:

4/12/20

On January 18, 2020 ("Petition Date"), Larry M. Carter (hereinafter "Debtor") and Deborah K. Carter (hereinafter "Joint Debtor") (collectively, hereinafter "Debtors") filed for Chapter 7 voluntary petition. In their commencement documents, Debtors listed a resided at 34778 Hickory Lane Wildomar, CA 92595 (hereinafter the "Property") and it being secured by 2nd Chance Mortgages Inc. (hereinafter "2nd CM") and PHH Mortgage Services.

On March 24, 2020, 2nd CM filed a motion for relief form stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). At the hearing date, the Court continued the motion because 2nd CM failed to serve Chapter 7 Trustee and the holder of other liens affecting the property. Local Bankr. R. 4001-1(c)(1)(C).

On April 15, 2020, 2nd CM filed a notice of hearing on motion for relief from stay. Dkt. No. 13. 2nd CM electronically served the Debtors’ attorney, United States Trustee, the Chapter 7 Trustee, and other parties.

Tentative Ruling:

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

11:00 AMLarry M Carter and Deborah K CarterCONT... Chapter 7

To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. 2nd CM claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).

By providing Deed of Trust and Request of Notice of Default, Allonge to the Note, and Corporate Assignment of Deed of Trust, 2nd CM has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).

To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). 2nd CM has provided evidence that Debtors do not have any equity in the property.

The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtors also have the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g).

Debtors have not opposed the motion. Thus, they have not met their burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay.

APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Page 5 of 295/11/2020 5:19:36 PM

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

11:00 AMLarry M Carter and Deborah K CarterCONT... Chapter 7

Debtor(s):

Larry M Carter Represented ByKevin Tang

Joint Debtor(s):

Deborah K Carter Represented ByKevin Tang

Movant(s):

2nd Chance Mortgages Inc. Represented ByHenry D Paloci

Trustee(s):

Robert Whitmore (TR) Pro Se

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

11:00 AMRaybecka Smith6:20-10605 Chapter 7

#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7106 Sultana Avenue, San Gabriel, CA 91775

MOVANT: THE BANK OF NEW YORK MELLON

EH__

11Docket

Tentative Ruling:

5/12/20

Service: ProperOpposition: Debtor

On January 27, 2020 ("Petition Date"), Raybecka Smith (hereinafter "Debtor") filed a Chapter 7 voluntary petition. In her commencement documents, Debtors did not list property located at 7106 Sultana Avenue, San Gabriel, CA 91775 (hereinafter the "Property").

On April 15, 2020, Bank of New York Mellon (hereinafter "BNY Mellon") filed this motion for relief from stay, claiming, amongst other things, that an unauthorized grant deed was gifted to the Debtor as part of a scheme to delay, hinder, or defraud it. Dkt. No. 11. BNY Mellon provided evidence showing within the last year that bankruptcy petitions affected the property. Id.

Debtor claims she does "not know anything about this property[, has] never met the so called person Alice Kim[, the grantor of the deed,] who falsely added [her] to the property[,] or that [she has] any rights or interest in this property." Dkt. No. 13, Pg 3. Debtor believes that Alice Kim found information about Debtor’s bankruptcy online and added Debtor to the grant deed. Id.

Tentative Ruling:

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

11:00 AMRaybecka SmithCONT... Chapter 7

A petition filed under this title, operates as a stay to any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate. 11 U.S.C § 362(a). The property of the estate includes all legal or equitable interests of the debtor in property. 11 U.S.C. §541(a)(1). A "grant deed conveys the grantor’s entire fee simple interest in the property. Citizens for Covenant Compliance v. Anderson, 12 Cal. 4th (Cal. 1995). Thus, a valid grant deed which transferred interest to Debtor would constitute property of the estate.

Looking at the four corners of the document, The Court finds that the Grant Deed is valid. That is, it fulfills all the legal requirements: (1) names of the parties, (2) signature of the grantor, (3) the word ‘grant’ is used, and (4) description of the property. Cal. Civ. Code § 1092; Dkt No. 11 Ex. 2. Furthermore, the Deed of Trust does not prevent Alice Kim from transferring title without consent of the lender. Dkt. No. 11. Ex 1. It does, however, give BNY Mellon the option to require immediate payment in full of all sums secured by this instrument when such authorization is not given. Id. at Clause 18. Thus, movant has presented a colorable claim that is sufficient for the stay to attack.

BNY Mellon listed several unauthorized grant deeds executed by the original borrower, Alice Kim. The several bankruptcy filings were numerous, and some were skeletal-like, lacking any reasonable attempt to attain a discharge. They were all dismissed except for one. Thus, the court finds that the Debtor’s petition was part of a scheme used to delay or hinder BNY Mellon by extending the protection of the automatic stay to the Property.

The Court further finds that there is no evidence of bad faith or misconduct by the Debtor and holds that such a finding is not necessary to grant relief under 11 U.S.C. § 362(d)(4). In re Dorsey, 476 B.R. at 270.

Based on the multiple bankruptcy filings and unauthorized transfers of interest in the property, the Court is inclined to GRANT the motion in its entirety, including relief from stay pursuant to 11 U.S.C. § 362(d)(4) and GRANT relief from Rule 4001(a)(3) stay.

APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

11:00 AMRaybecka SmithCONT... Chapter 7

written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Raybecka Smith Pro Se

Movant(s):

THE BANK OF NEW YORK Represented ByErin M McCartney

Trustee(s):

Howard B Grobstein (TR) Pro Se

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

11:00 AMPaul J Crenshaw6:20-11039 Chapter 7

#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3765 Coleville Circle, Corona, California 92881

MOVANT: SELECT PORTFOLIO SERVICING INC

EH__

9Docket

Tentative Ruling:

5/12/20

The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶¶ 2 and 3.

APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Tentative Ruling:

Party Information

Debtor(s):

Paul J Crenshaw Represented BySundee M Teeple

Movant(s):

Select Portfolio Servicing Inc., as Represented ByJoseph C Delmotte

Trustee(s):

Howard B Grobstein (TR) Pro Se

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

11:00 AMRuben Alberto Ramirez, Jr.6:20-11519 Chapter 7

#6.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2011 BMW 3 Series, VIN: WBAPH5C57BA443865

MOVANT: KINECTA FEDERAL CREDIT UNION

EH__

11Docket

Tentative Ruling:

5/12/20

Service: ProperOpposition: None

To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Kinetica Federal Credit Union (hereinafter "Kinetica FCU") claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).

By providing the Note and Security Agreement, Certificate of Title, Assignment of Contract, Loan Transaction Summary, and Kelly Blue Book Quick Values, Kinetica FCU has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).

To receive relief under 11 U.S.C. § 362(d), both elements— (1) debtor has no equity

Tentative Ruling:

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

11:00 AMRuben Alberto Ramirez, Jr.CONT... Chapter 7

in the property and (2) property is not necessary for an effective organization—must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). Kinetica FCU has provided evidence that Debtor does not have any equity in the property.

The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor also has the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g). Debtor has not opposed the motion.

Because a Chapter 7 proceeding does not involve a reorganization, it is generally presumed that the second condition under 11 U.S.C. § 362(d)(2)(B) is met in a Chapter 7 proceeding." In re Williamson, 2009 Bankr. Lexis 5571, *5 (Bankr. S.D. Ga. 2009). The lack of a response from Debtor, pursuant to Local Bankruptcy Rule 9013-1(h), may be deemed to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.

APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Ruben Alberto Ramirez Jr. Represented ByShawn Anthony Doan

Movant(s):

Kinecta Federal Credit Union Represented ByMark S Blackman

Trustee(s):

Larry D Simons (TR) Pro Se

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

11:00 AMCitlali Selene Ramirez Ramirez and Kristina Ramirez 6:20-11912 Chapter 7

#7.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Harley-Davidson FLHX Street Glide

MOVANT: HARLEY-DAVIDSON

EH__

11Docket

Tentative Ruling:

5/12/20

Service: ProperOpposition: None

To attain relief from stay under 11. U.S.C §362(d)(1) "cause" must be shown. Harley-Davidson claims that there is a lack of adequate protection of its interest in its property. Adequate protection is intended to compensate a secured creditor whose collateral declines in value while it is in the possession of, and being used by, a…debtor." People’s Capital& Leasing Corp. v. Big3d, Inc., 438 B.R. 214, 220 (B.A.P. 9th Cir. 2010).

By providing Promissory Note and Security Agreement, Lien and Title Information, Payment History, and NADA Guides Value Report, Harley-Davidson has shown neither is there any equity nor is its interest adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).

To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no

Tentative Ruling:

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

11:00 AMCitlali Selene Ramirez Ramirez and Kristina Ramirez CONT... Chapter 7

equity in the property and (2) property is not necessary for an effective organization—must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). Harley-Davidson has provided evidence that Debtors do not have any equity in the property.

The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtors also have the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g).

Debtors have not opposed the motion. Thus, they have not met their burden. Pursuant to LBR 9013-1(h), if a party does not timely file and serve documents, the Court may deem this lack of action to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 6. DENY request under ¶15 as moot.

APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.

Party Information

Debtor(s):

Citlali Selene Ramirez Ramirez Represented ByBrian J Soo-Hoo

Joint Debtor(s):

Kristina Ramirez Estanislao Represented ByBrian J Soo-Hoo

Movant(s):

Harley-Davidson Represented ByKirsten Martinez

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

11:00 AMCitlali Selene Ramirez Ramirez and Kristina Ramirez CONT... Chapter 7

Trustee(s):

Robert Whitmore (TR) Pro Se

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

11:00 AMKristine Renee Strand6:20-12009 Chapter 7

#8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 43100 Palm Royale Drive #515, La Quinta, CA 92253

MOVANT: WRM LA QUINTA LLC

EH__

26Docket

Tentative Ruling:

4/12/20

Service: ProperOpposition: None

The filing of a bankruptcy case creates an estate, which is comprised of all the legal and equitable interests of the debtor in property as of the commencement of the case. 11 U.S.C §541(a)(1). Under 11. U.S.C. §362, a stay is effective automatically and immediately upon a filing of a bankruptcy petition. 3 Collier on Bankruptcy ¶ 362.02 (Richard Levin & Henry J. Sommer eds., 16th ed.). The stay applies to almost all types of formal or informal action taken against the debtor or the property of the estate. Id. at ¶ 362.03.

On March 10, 2020 (hereinafter "Petition Date"), Kristine Renee Strand (hereinafter "Debtor") filed a voluntary Chapter 7 petition. In Debtor’s commencement documents, she listed her resident at 43100 Palm Royale Drive, Unit 515, La Quinta, CA 92253 (hereinafter the "Property"). Thus, an estate was created, and the stay simultaneously took effective on March 10, 2020.

Movant, WRM La Quinta LLC (hereinafter "WRM"), filed a motion asking for relief

Tentative Ruling:

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

11:00 AMKristine Renee StrandCONT... Chapter 7

from the stay or for order confirming that an automatic stay does not apply under 11 U.S.C. § 362(l). Dkt. No. 26. 11 U.S.C. § 362 (b)(22) provides that the filing of a bankruptcy petition does not create an automatic stay of the continuation of any unlawful detainer proceeding by a lessor against a debtor involving residential real property ‘in which the debtor resides as a tenant under a lease or rental agreement and with respect to which the lessor has obtained before the date of the filing of the bankruptcy petition, a judgment for possession of such property against the debtor.’" In re Furtado, 2011 Bankr. Lexis 5667, *3 (Bankr. E.D. Cal. 2011).

WRM provided the lease agreement between itself and Debtor. WRM provided a complaint it filed for unlawful detainer by Debtor on February 25, 2020. However, WRM did not provide evidence of a judgment entered for the unlawful detainer before Debtor’s Petition Date. Thus, WRM did not meet its burden, and at the time of the Petition Date the stay was in effect pursuant to the lease agreement.

Nonetheless, the evidence provided by WRM does show "cause" under 11 U.S.C. §362(d)(1). WRM alleges that Debtor has not paid rent since filing this petition. In re Kishchenko, 2012 Bankr. Lexis 6158, * (Bankr. E. D. Cal. 2012) citing In re Ellis, 60 B.R. 432 (B.A.P 9th Cir. 1985) (ruling that cause exists for terminating the automatic stay since the Debtor failed to make post-petition payments).

To receive relief under 11 U.S.C. § 362(d)(2), both elements— (1) debtor has no equity in the property and (2) property is not necessary for an effective organization—must be met. 3 Collier on Bankruptcy ¶ 362.07[4] (Richard Levin & Henry J. Sommer eds., 16th ed.). WRM has shown by the lease agreement that Debtor has no equity interest in the Property.

The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value or the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise to overcome 11. U.S.C. § 362(d)(1). 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor also has the burden of proving that the property at issue is necessary to an effective organization. 11 U.S.C. § 362(g). Debtor has not opposed the motion.

Because a Chapter 7 proceeding does not involve a reorganization, it is generally presumed that the second condition under 11 U.S.C. § 362(d)(2)(B) is met in a

Page 17 of 295/11/2020 5:19:36 PM

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

11:00 AMKristine Renee StrandCONT... Chapter 7

Chapter 7 proceeding." In re Williamson, 2009 Bankr. Lexis 5571, *5 (Bankr. S.D. Ga. 2009).

Furthermore, the lack of a response from Debtor, pursuant to Local Bankruptcy Rule 9013-1(h), may be deemed to be consent to the granting or denial of the motion. Thus, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.

APPEARANCES REQUIRED.

Party Information

Debtor(s):

Kristine Renee Strand Represented ByChristopher Hewitt

Movant(s):

WRM La Quinta LLC Represented ByScott Andrews

Trustee(s):

Todd A. Frealy (TR) Pro Se

Page 18 of 295/11/2020 5:19:36 PM

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

2:00 PMWoodcrest Ace Hardware Inc.6:19-13127 Chapter 11

#9.00 CONT Motion RE: Objection to Claim Number 12 by Claimant Zions Bancorporation, N.A. D/B/A California Bank & Trust

From: 3/31/20

Also #10 - #17

EH__

278Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Woodcrest Ace Hardware Inc. Represented ByRobert B Rosenstein

Movant(s):

Woodcrest Ace Hardware Inc. Represented ByRobert B RosensteinRobert B RosensteinRobert B RosensteinRobert B RosensteinRobert B RosensteinRobert B RosensteinRobert B Rosenstein

Page 19 of 295/11/2020 5:19:36 PM

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

2:00 PMWoodcrest Ace Hardware Inc.6:19-13127 Chapter 11

#10.00 CONT Motion for Authorization to Use Cash Collateral and Provide Adequate Protection

From: 12/3/19, 2/25/20, 3/31/20

Also #9 - #17

EH__

199Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Woodcrest Ace Hardware Inc. Represented ByRobert B Rosenstein

Movant(s):

Woodcrest Ace Hardware Inc. Represented ByRobert B RosensteinRobert B RosensteinRobert B RosensteinRobert B RosensteinRobert B RosensteinRobert B RosensteinRobert B Rosenstein

Page 20 of 295/11/2020 5:19:36 PM

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

2:00 PMWoodcrest Ace Hardware Inc.6:19-13127 Chapter 11

#11.00 Motion for extension of time to have plan of reorganization confirmed

Also #9 - #17

EH__

327Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Woodcrest Ace Hardware Inc. Represented ByRobert B Rosenstein

Movant(s):

Woodcrest Ace Hardware Inc. Represented ByRobert B RosensteinRobert B RosensteinRobert B RosensteinRobert B RosensteinRobert B RosensteinRobert B RosensteinRobert B Rosenstein

Page 21 of 295/11/2020 5:19:36 PM

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

2:00 PMWoodcrest Ace Hardware Inc.6:19-13127 Chapter 11

#12.00 CONT Confirmation of Chapter 11 Plan

From: 3/31/20

Also #9 - #17

EH__

204Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Woodcrest Ace Hardware Inc. Represented ByRobert B Rosenstein

Page 22 of 295/11/2020 5:19:36 PM

Page 23: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/MH_051220.pdf · 6:19-15353 Donald Ray Levier, Jr. and Antoinette Marie Levier Chapter

United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

2:00 PMWoodcrest Ace Hardware Inc.6:19-13127 Chapter 11

#13.00 (Jointly Administered - LEAD CASE)CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report

From: 5/21/19, 7/30/19, 10/29/19, 1/28/20, 2/25/20, 3/31/20

Also #9 - #17

EH__

2Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Woodcrest Ace Hardware Inc. Represented ByRobert B Rosenstein

Page 23 of 295/11/2020 5:19:36 PM

Page 24: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/MH_051220.pdf · 6:19-15353 Donald Ray Levier, Jr. and Antoinette Marie Levier Chapter

United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

2:00 PMWoodcrest Ace Hardware Inc.6:19-13127 Chapter 11

#14.00 (Jointly Administered with P&P Hardware Inc)CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report

From: 5/21/19, 7/30/19, 10/29/19, 1/28/20, 2/25/20, 3/31/20,

Also #9 - #17

EH__

2Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Woodcrest Ace Hardware Inc. Represented ByRobert B Rosenstein

Page 24 of 295/11/2020 5:19:36 PM

Page 25: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/MH_051220.pdf · 6:19-15353 Donald Ray Levier, Jr. and Antoinette Marie Levier Chapter

United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

2:00 PMWoodcrest Ace Hardware Inc.6:19-13127 Chapter 11

#15.00 (Jointly Administered with 9 Fingers Inc)CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report

From: 5/21/19, 7/30/19, 10/29/19, 1/28/20, 2/25/20, 3/31/20,

Also #9 - #17

EH__

2Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Woodcrest Ace Hardware Inc. Represented ByRobert B Rosenstein

Page 25 of 295/11/2020 5:19:36 PM

Page 26: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/MH_051220.pdf · 6:19-15353 Donald Ray Levier, Jr. and Antoinette Marie Levier Chapter

United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

2:00 PMWoodcrest Ace Hardware Inc.6:19-13127 Chapter 11

#16.00 (Jointly Administered with Riverside Ace Hardware Inc)CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report

From: 5/21/19, 7/30/19, 10/29/19, 1/28/20, 2/25/20, 3/31/20

Also #9 - #17

EH__

2Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Woodcrest Ace Hardware Inc. Represented ByRobert B Rosenstein

Page 26 of 295/11/2020 5:19:36 PM

Page 27: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/MH_051220.pdf · 6:19-15353 Donald Ray Levier, Jr. and Antoinette Marie Levier Chapter

United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

2:00 PMWoodcrest Ace Hardware Inc.6:19-13127 Chapter 11

#17.00 (Jointly Administered with Wildomar Ace Hardware Inc)CONT Order (1) Setting Scheduling Hearing And Case Management Conference And (2) Requiring Status Report

From: 5/21/19, 7/30/19, 10/29/19, 1/28/20, 2/25/20, 3/31/20

Also #9 - #16

EH__

2Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Woodcrest Ace Hardware Inc. Represented ByRobert B Rosenstein

Page 27 of 295/11/2020 5:19:36 PM

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United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

2:00 PMVisiting Nurse Association of the Inland Counties6:18-16908 Chapter 11

#18.00 Debtor's Motion for Order Approving Bidding Procedures, Stalking Horse Bidder Protections, Form of Asset Purchase Agreements, and Assignment Procedures, in Connection with Sale of Debtor's Hospice Assets and Home Health Assets

EH__

567Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Visiting Nurse Association of the Represented ByDavid M GoodrichBeth GaschenJennifer VicenteRyan W BeallSteven T GubnerJason B Komorsky

Movant(s):

Visiting Nurse Association of the Represented ByDavid M GoodrichDavid M GoodrichBeth GaschenBeth GaschenJennifer VicenteJennifer VicenteRyan W BeallRyan W BeallSteven T GubnerSteven T GubnerJason B Komorsky

Page 28 of 295/11/2020 5:19:36 PM

Page 29: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/MH_051220.pdf · 6:19-15353 Donald Ray Levier, Jr. and Antoinette Marie Levier Chapter

United States Bankruptcy CourtCentral District of California

Judge Mark Houle, PresidingCourtroom 303 Calendar

Riverside

Tuesday, May 12, 2020 303 Hearing Room

2:00 PMVisiting Nurse Association of the Inland CountiesCONT... Chapter 11

Jason B Komorsky

Page 29 of 295/11/2020 5:19:36 PM