United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/ES_061820.pdf · 8:19-10275 Michael J Duff Chapter 7 Adv#: 8:19-01084 Constantin et

United States Bankruptcy CourtCentral District of California

Judge Erithe Smith, PresidingCourtroom 5A Calendar

Santa Ana

Thursday, June 18, 2020 5A Hearing Room

9:30 AMWilliam S. Stewart8:18-10053 Chapter 7

Naylor v. Advanced Innovative Recovery Technologies, Inc.Adv#: 8:19-01038

#1.00 CON'TD STATUS CONFERENCE RE: Complaint for: (1) Breach of Contract; (2) For Money; and (3) Common Count (Quantum Meruit - Services Rendered)

FR: 5-30-19; 10-10-19; 12-19-19

1Docket

- NONE LISTED -

Courtroom Deputy:

SPECIAL IMPORTANT NOTICE! In order to mitigate the spread of the COVID-19 virus, notice is hereby given that ALL hearings before Judge Smith will be by TELEPHONE APPEARANCE ONLY until further notice. The courtroom will be locked. Any party who wishes to appear must register in advance by contacting CourtCall at (866) 582-6878. It is suggested that parties register with CourtCall at least 30 minutes prior to the hearing. Through August 31, 2020, CourtCall is offering discounted registration for attorneys and free registration for parties without an attorney.

May 30, 2019

In light of pending settlement, continue status conference to October 10, 2019 at 9:30 a.m.; updated status report must be filed by October 3. 2019 if the settlement has not been approved by the Court by such date. (XX)

Note: Appearances at this status conference are not required; Plaintiff to serve notice of the continued hearing date/time.--------------------------------------------------------------------------------

October 10, 2019

In light of pending settlement, continue status conference one final time to

Tentative Ruling:

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9:30 AMWilliam S. StewartCONT... Chapter 7

December 19, 2019 at 9:30 a.m.; updated status report must be filed by December 5, 2019 if the adversary proceeding is still pending as of such date. (XX)

Note: Appearances at this hearing are not required.---------------------------------------------------------------------

June 18, 2020

Continue status conference to September 17, 2020 at 9:30 a.m.; updated status report must be filed by September 3, 2020.

Note: Appearances at this hearing are not required. Plaintiff shall serve notice of the continued hearing date/time.

Party Information

Debtor(s):

William S. Stewart Pro Se

Defendant(s):

Advanced Innovative Recovery Pro Se

Joint Debtor(s):

Barbara E. Stewart Pro Se

Plaintiff(s):

Karen Sue Naylor Represented ByChristopher Minier

Trustee(s):

Karen S Naylor (TR) Represented ByNanette D SandersBrian R Nelson

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9:30 AMMichael J Duff8:19-10275 Chapter 7

Constantin et al v. DuffAdv#: 8:19-01084

#2.00 CON'TD PRE-TRIAL CONFERENCE RE: Complaint to Deny Debtor's Discharge

FR: 8-1-19; 1-30-20; 2-20-20; 5-21-20

1Docket

- NONE LISTED -

Courtroom Deputy:


August 1, 2019

Discovery Cut-off Date: Nov. 4, 2019Deadline to Attend Mediation: Dec. 20, 2019Pretrial Conference Date: Jan. 30, 2020 at 9:30 a.m. (XX)Deadline to Lodge Joint Pretrial Stipulation: Jan. 16, 2020

Note: If all parties agree with the foregoing schedule, appearances at today's hearing are waived and Plaintiff shall serve/lodge a scheduling order consistent with the same.----------------------------------------------------------------------

Tentative Ruling:

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9:30 AMMichael J DuffCONT... Chapter 7

June 18, 2020

Approve pretrial stipulation. Set trial for January 27, 2021 and January 28, 2021 commencing at 9:00 a.m. each day. The court's Trial Procedures will apply, including re the submission of declarations and evidentiary objections to the same.

Special Note: The trial has been set for the first available date in 2021 due to the uncertainty created by the COVID-19 pandemic, the volume of exhibits and the need for special audio accommodations. If the parties would like to request a trial date in 2020, the court might be amenable to setting the trial on the only available dates of November 24, 2020 and November 25, 2020 at 9:00 a.m.

Note: If all parties accept the foregoing tentative ruling, appearances at this hearing are not required and Plaintiffs shall lodge an order consistent with the same.

Party Information

Debtor(s):

Michael J Duff Pro Se

Defendant(s):

Michael J. Duff Pro Se

Plaintiff(s):

Holly Constantin Represented ByAlan W Forsley

Michael Constantin Represented ByAlan W Forsley

Trustee(s):

Richard A Marshack (TR) Pro Se

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9:30 AMJorge David Gonzalez8:19-12337 Chapter 7

Richard A. Marshack v. CarrilloAdv#: 8:19-01184

#3.00 CONT'D PRE-TRIAL CONFERENCE RE: Complaint for: 1. Avoidance and Recovery of Constructive Fraudulent Transfer; 2. Avoidance and Recovery of Intentional Fraudulent Transfer; 3. Avoidance and Recovery of Preferential Transfer; and 4. Avoidance and Recovery of Property of the Bankruptcy Estate

FR: 12-5-19; 4-16-20

1Docket *** VACATED *** REASON: OFF CALENDAR: Order Approving Stipulation Between Richard A. Marshack, Chapter 7 Trustee for the Bankruptcy Estate of Jorge David Gonzalez, and Defendant Claudia M. Carrillo to Dismiss Adversary Entered 4/23/2020

OFF CALENDAR: Order Approving Stipulation Between Richard A. Marshack, Chapter 7 Trustee for the Bankruptcy Estate of Jorge David Gonzalez, and Defendant Claudia M. Carrillo to Dismiss Adversary Entered 4/23/2020 - td (4/23/2020)

Courtroom Deputy:

December 5, 2019

Discovery Cut-off Date: Mar. 6, 2020Pretrial Conference Date: Apr. 16, 2020 at 9:30 a.m. (XX)Deadline to file Joint Pretrial Stipulation: Apr. 2, 2020

Note: If all parties agree with the foregoing schedule, appearances at today's hearing are waived and Plaintiff shall serve/lodge a scheduling order consistent with the same.

Tentative Ruling:

Party Information

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9:30 AMJorge David GonzalezCONT... Chapter 7

Debtor(s):

Jorge David Gonzalez Represented ByBrian J Soo-Hoo

Defendant(s):

Claudia M. Carrillo Pro Se

Plaintiff(s):

Richard A. Marshack Represented ByRobert P Goe

Trustee(s):

Richard A Marshack (TR) Represented ByRobert P Goe

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9:30 AMBruce Elieff8:19-13858 Chapter 11

Miller v. Elieff et alAdv#: 8:19-01234

#4.00 Hearing RE: Order to Show Cause Why Adversary Proceeding Should Not Be Dismissed for Lack of Prosecution (OSC Issued 4/3/2020)

12Docket

- NONE LISTED -

Courtroom Deputy:


June 18, 2020

Vacate Order to Show Cause.

Tentative Ruling:

Party Information

Debtor(s):

Bruce Elieff Represented ByPaul J Couchot

Defendant(s):

Bruce Elieff Represented ByJeffrey S Benice

4627 Camden, LLC Represented ByJeffrey S Benice

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9:30 AMBruce ElieffCONT... Chapter 11

Plaintiff(s):

Jacqueline Miller Represented ByJames Denison

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Miller v. Elieff et alAdv#: 8:19-01234

#5.00 CONT'D STATUS CONFERENCE RE: Amended Complaint to Determine Dischargeability Pursuant to 11 U.S.C. Section 523(a)(2) and (6)

FR: 4-2-20

2Docket

- NONE LISTED -

Courtroom Deputy:


April 2, 2020

No joint status report has been timely filed. The parties must appear and advise the court as to why the JSR was not timely filed..

Note: Telephonic appearances by the parties' counsel are required.----------------------------------------------------------------------

June 18, 2020

Continue status conference to December 17, 2020 at 9:30 a.m.; updated joint

Tentative Ruling:

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status report must be filed by December 3, 2020.

Note: If both parties accept the foregoing tentative ruling, appearances at this hearing are not required and Plaintiff shall serve notice of the continued hearing date/time.

Party Information

Debtor(s):


Defendant(s):

Bruce Elieff Pro Se

4627 Camden, LLC Pro Se

Plaintiff(s):

Jacqueline Miller Represented ByJames Denison

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10:00 AMEric Anthony Perez8:19-13468 Chapter 13

#6.00 CON'TD Hearing RE: Motion for relief from the automatic stay [REAL PROPERTY]

HSBC BANK USA, NA

VS.

DEBTOR

FR: 5-21-20

38Docket

- NONE LISTED -

Courtroom Deputy:


May 21, 2020

Grant with 4001(a)(3) waiver, unless the parties have negotiated the terms of an adequate protection order, in which case a request for a continuance may be made during the calendar roll call prior to the hearing. Available dates are June 4, June 11 and June 18, 2020 at 10:00 a.m.----------------------------------------------------------------------

Tentative Ruling:

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10:00 AMEric Anthony PerezCONT... Chapter 13

June 18, 2020

Grant with 4001(a)(3) waiver, unless there are on going discussions regarding the terms of an adequate protection order, in which case a request for a final continuance may be made during the calendar roll call prior to the hearing. Available dates are July 9, 2020 and July 16, 2020 at 10:00 a.m.

Party Information

Debtor(s):

Eric Anthony Perez Represented ByChristopher J Langley

Movant(s):

HSBC Bank USA, National Represented ByAustin P Nagel

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

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#7.00 Hearing RE: Motion for relief from automatic stay [ACTION IN NON-BANKRUPTCY FORUM]

CITI INVESTMENT CAPITAL, INC.

VS.

DEBTOR

611Docket

- NONE LISTED -

Courtroom Deputy:


June 18, 2020

Deny the motion without prejudice.

Basis for Tentative Ruling:

1. Movant has stated insufficient cause for granting relief from stay at this time to seek title to the subject property.

Tentative Ruling:

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2. Debtor has, at a minimum an equitable interest in the property, which interest is property of the estate.

3. Debtor has provided evidence via an offer to purchase that the property has a value of nearly $1M more than the amount for which Movant seeks to obtain title.

4. Movant, in its reply, did not adequately explain its disavowance as of March 27, 2020 of its interest in pursuing title to the property.

5. Denial of the Motion is without prejudice to Movant seeking relief from stay at a later time and/or an interest in the proceeds of any sale of the property.

6. There is a pending motion seeking the appointment of a chapter 11 trustee. In the event that at trustee is appointed, such trustee should be permitted an opportunity to review the matter.

Party Information

Debtor(s):


Movant(s):

Citi Investment Capital Inc Represented ByDavid L Prince

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10:00 AMVishundyal Ramotar Mohabir8:19-14528 Chapter 13

#8.00 CON'TD Hearing RE: Motion for relief from the automatic stay [REAL PROPERTY] RE: 5091 Sharon Drive, La Palma, California 90623

U.S. BANK, N.A.

VS.

DEBTOR

FR: 5-7-20

34Docket

- NONE LISTED -

Courtroom Deputy:

SPECIAL IMPORTANT NOTICE! In order to mitigate the spread of the COVID-19 virus, notice is hereby given that, starting with the March 19, 2020 hearings, ALL hearings before Judge Smith will be by TELEPHONE APPEARANCE ONLY until further notice. The courtroom will be locked. Any party who wishes to appear must register in advance by contacting CourtCall at (866) 582-6878. It is suggested that parties register with CourtCall at least 30 minutes prior to the hearing. Through August 31, 2020, CourtCall is offering discounted registration for attorneys and freeregistration for parties without an attorney.

May 7, 2020

Grant motion with 4001(a)(3) waiver unless Debtor is postpetition current by the time of the hearing (in which case a standard "3 Strikes" adequate protection order will be granted) or if the parties have reached an alternate resolution. If more time is needed to reach resolution, Movant may request a continuance of the hearing at the time of the calendar roll call by the court

Tentative Ruling:

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10:00 AMVishundyal Ramotar MohabirCONT... Chapter 13

clerk on the day of the hearing. Available continued dates are: 5/21, 6/4, 6/11 and 6/18/2020 at 10:00 a.m.----------------------------------------------------------------------

June 18, 2020

Grant with 4001(a)(3) waiver, unless there are on going discussions regarding the terms of an adequate protection order, in which case a request for a final continuance may be made during the calendar roll call prior to the hearing. Available dates are July 9, 2020 and July 16, 2020 at 10:00 a.m.

Party Information

Debtor(s):

Vishundyal Ramotar Mohabir Represented ByChristopher J Langley

Movant(s):

U.S. Bank National Association Represented BySean C Ferry

Trustee(s):


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10:00 AMScott Allen Campbell8:20-10208 Chapter 13

#9.00 Hearing RE: Motion for relief from the automatic stay [REAL PROPERTY]

NATIONSTAR MORTGAGE LLC

VS.

DEBTOR

32Docket *** VACATED *** REASON: OFF CALENDAR: Order of Dismissal Arising from Chapter 13 Confirmation Hearing Entered 5/28/2020

OFF CALENDAR: Order of Dismissal Arising from Chapter 13 Confirmation Hearing Entered 5/28/2020 - td (5/28/2020)

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Scott Allen Campbell Represented ByChristopher J Langley

Movant(s):

Deutsche Bank Trust Company Represented ByNancy L Lee

Trustee(s):


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10:30 AMDonald Woo Lee and Linda Bae Lee8:13-17920 Chapter 7

#10.00 Hearing RE: Chapter 7 Trustee's Final Report and Application for Final Fees and Reimbursement of Expenses

[RICHARD A. MARSHACK, CHAPTER 7 TRUSTEE]

934Docket

- NONE LISTED -

Courtroom Deputy:


June 18, 2020

Approve final fees and expenses as requested.

Note: This matter appears to be uncontested. Accordingly, no court appearance by Applicant is required. Should an opposition party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Applicant will be so notified.

Tentative Ruling:

Party Information

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10:30 AMDonald Woo Lee and Linda Bae LeeCONT... Chapter 7

Debtor(s):Donald Woo Lee Represented By

Robert B Rosenstein

Joint Debtor(s):

Linda Bae Lee Represented ByRobert B Rosenstein

Trustee(s):

Richard A Marshack (TR) Represented ByKyra E AndrassyDavid WoodMatthew GrimshawNathan F SmithArturo M CisnerosNorma Ann DawsonRobert S LawrenceCaroline DjangBrett Ramsaur

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#11.00 Hearing RE: Seventh and Final Application for Allowance of Fees and Costs

[MARSHACK HAYS LLP AS GENERAL COUNSEL TO THE CHAPTER 7 TRUSTEE]

920Docket

- NONE LISTED -

Courtroom Deputy:


June 18, 2020



Tentative Ruling:

Party Information

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Robert B Rosenstein

Joint Debtor(s):


Trustee(s):


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#12.00 Hearing RE: Third and Final Application for Allowance and Payment of Fees and Reimbursement of Expenses

[SMILEY WANG-EKVALL, LLP, SPECIAL COUNSEL TO THE CHAPTER 7 TRUSTEE]

922Docket

- NONE LISTED -

Courtroom Deputy:


June 18, 2020



Tentative Ruling:

Party Information

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Robert B Rosenstein

Joint Debtor(s):


Trustee(s):


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#13.00 Hearing RE: Third and Final Fee Application for Allowance of Compensation and Reimbursement of Expenses for the Period From April 15, 2015 Through and Including January 31, 2020

[ARENT FOX LLP, SPECIAL HEALTHCARE COUNSEL TO THE CHAPTER 7 TRUSTEE]

923Docket

- NONE LISTED -

Courtroom Deputy:


June 18, 2020



Tentative Ruling:

Party Information

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Debtor(s):

Donald Woo Lee Represented ByRobert B Rosenstein

Joint Debtor(s):


Trustee(s):


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#14.00 Hearing RE: Second and Final Fee Application of Hahn Fife & Company LLP for Allowance of Fees and Expenses From October 28, 2019 Through February 19, 2020

[HAHN FIFE & COMPANY LLP, ACCOUNTANT FOR CHAPTER 7 TRUSTEE]

927Docket

- NONE LISTED -

Courtroom Deputy:


June 18, 2020



Tentative Ruling:

Party Information

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Robert B Rosenstein

Joint Debtor(s):


Trustee(s):


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#15.00 Hearing RE: Application for Payment of Final Fees and/or Expenses

[ROBERT F. BICHER & ASSOCIATES, AGENT FOR CHAPTER 7 TRUSTEE]

928Docket

- NONE LISTED -

Courtroom Deputy:


June 18, 2020



Tentative Ruling:

Party Information

Debtor(s):

Donald Woo Lee Represented ByRobert B Rosenstein

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Joint Debtor(s):


Trustee(s):


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10:30 AMJoseph Ra8:19-11546 Chapter 7

#16.00 CONT'D STATUS CONFERENCE RE: Compliance RE: Motion For Order to Show Cause Why Alleged Contemnors: Joseph RA, Jong Hea Ra, Christopher Lee, Viken Chelebrian; and David Spreen should not be held in Contempt of Court for failing to comply with Court Orders (ECF Nos. 70, 83, 102, 108 and 109)

FR: 2-20-10; 4-2-20

127Docket

- NONE LISTED -

Courtroom Deputy:

February 20, 2020

Grant the Motion. Order should provide that the respondents can purge contempt by agreeing to comply with the court's orders within 30 days of the entry of the OSC.-------------------------------------------------------------------------------

April 2, 2020

Continue the hearing to June 4, 2020 at 10:30 a.m. The examinees must provide a declaration to the trustee's counsel no later than May 21, 2020 confirming that all documents under their custody and control have been produced.

The court is hesitant to order any party to appear face to face for an examination in light of the uncertainty of the current COVID-19 circumstance, even two months out. The court would suggest that the trustee consider conducting the examinations via a video conference platform on a date and at a time agreeable to the parties prior to June 4, 2020. The court will determine

Tentative Ruling:

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10:30 AMJoseph RaCONT... Chapter 7

the appropriate remedy re Mr. Ra at the continued hearing.

Note: If the parties accept the foregoing tentative ruling, appearances at this hearing are not required.----------------------------------------------------------------------

June 18, 2020

Trustee's request for attorneys fees and further findings of contempt is denied without prejudice.

Basis for Tentative Ruling

Based upon the Status Report filed by Trustee's counsel and the declarations submitted by the examinees, this court has insufficient evidence upon which to find that the examinees have "flagrantly" refused to comply with the most recent order of this court, particularly since Trustee elected not to examine the examinees about the lack of documents and though Trustee describes certain documents as being overly and unnecessarily redacted, no documentary evidence of the same was attached to the Status Report. Further, Trustee has not indicated whether Mr. Ra's bank records have ever been subpoenaed directly from the relevant financial institutions.

Party Information

Debtor(s):

Joseph Ra Represented ByDavid B GolubchikJaenam J Coe

Trustee(s):

Richard A Marshack (TR) Represented ByMichael G SpectorThomas J Polis

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10:30 AMBrett J McNamara and Magda C McNamara8:19-12642 Chapter 7

#17.00 Hearing RE: Chapter 7 Trustee's Motion for Order Disallowing Claim No. 3-1 Filed by John Decindis ($1,000.00)

42Docket

- NONE LISTED -

Courtroom Deputy:


June 18, 2020

Grant motion.

Note: This matter appears to be uncontested. Accordingly, no court appearance by the Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.

Tentative Ruling:

Party Information

Debtor(s):

Brett J McNamara Represented ByParisa Fishback

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10:30 AMBrett J McNamara and Magda C McNamaraCONT... Chapter 7

Joint Debtor(s):Magda C McNamara Represented By

Parisa Fishback

Trustee(s):

Karen S Naylor (TR) Pro Se

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10:30 AM10827 Studebaker LLC, a California limited liabili8:19-13242 Chapter 11

#18.00 CON'TD Hearing RE: Disclosure Statement Describing Debtor's Chapter 11 Plan of Reorganization

FR: 4-30-20

68Docket

SPECIAL NOTE: Motion for Order Approving Debtor's Disclosure Statement, fld. 3/19/20, dkt #80; Notice of Motion, fld. 3/19/20, dkt #81 - td (3/19/2020)

Courtroom Deputy:


April 30, 2020

Continue hearing one final time to June 18, 2020 at 10:30 a.m. to allow Debtor to file an amended disclosure statement/plan. The amended disclosure statement must be filed no later than May 28, 2020. Any opposition/comments to the same must be filed by June 4, 2020 and any reply by June 11, 2020. (XX)

Comments re the Disclosure Statement (DS):

Tentative Ruling:

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10:30 AM10827 Studebaker LLC, a California limited liabiliCONT... Chapter 11

1. Buchanan has filed a relief from stay motion which is set for May 21, 2020. The court's tentative ruling for that hearing will be to continue the RFS hearing to June 18, 2020 at 10:30 a.m. so that it can be heard on the same date and at the same time as the continued disclosure statement hearing.

2. Debtor has agreed to amend the DS to provide an update on Debtor's financing opportunities and, specifically, to delete reference to Banc of California and to disclose negotions with Eyzenberg & Company. No further comment of the Court is necessary, except to say that financials of Eyzenberg & Co. need not be attached to the amended DS. Debtor's ability to fund the plan is a confirmation issue.

3. Re the amount of Buchanan's claim, the DS adequate discloses the amount Buchanan asserts and the amount Debtor believes is owed. The DS also adequately identifies the dispute re the amount and that ultimately adjudication by the Court through the claim objection process may be necessary. However, Debtor needs to disclose the impact on reorganization if it does not prevail on its objection to Buchanan's claim or if it is not able reach an amicable resolution with Buchanan. This should probably be discussed under Risk Factors.

4. Re the anticipated loan from Ivy Glen Partners, Debtor has agreed to clarify the terms of the financing (e.g., unsecured). As to the ability of IGP to fund the loan, such a feasibility issue that will addressed at confirmation.

5. Debtor has agreed to amend the DS to discuss the impact of the COVID-19 pandemic on rent collections. No further comment from the Court is necessary.

6. The DS should be modified to state Buchanan's position regarding the basis for the notice of default. See Opposition at p. 4:7-11.

7. The DS should disclose the identity of the interest holder(s).

8. Debtor has agreed to provide more information regarding the status of property taxes. No further comment by the Court is necessary.

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9. Debtor should disclose the identity of the leases to be assumed (e.g., in a list attached as an exhibit).

Note: If all parties accept the foregoing tentative ruling, appearances at this hearing are not required. Non appearance by the parties shall be deemed acceptance of the tentative ruling.----------------------------------------------------------------------

June 18, 2020

Approve First Amended Disclosure Statement on condition that Debtor makes modifications noted by the court in its tentative ruling dated June 18, 2020. The final version of the disclosure statement (and plan if necessary) must be filed no later than July 9, 2020; Plan, Disclosure Statement and ballots must be served by July 17, 2020; Deadline for creditors to return ballots and object to plan confirmation is August 17, 2020. Ballot tally analysis and confirmation brief (addressing all applicable provisions of Section 1129, with particular focus on evidence of feasibility), must be filed by September 28, 2020; confirmation hearing is September 10, 2020 at 10:30 a.m.

Conditions for Approval of First Amended Disclosure Statement:

1. Pg. 4:21-22: Debtor needs to disclose the identity(ies) of its interest holder(s)

2. Pg. 9:20-26: The discussion of the cash collateral motion set for hearing on June 4, 2020 needs to be updated.

3. Pg. 11:25-26: The last sentence of this paragraph needs to be updated regarding responses, if any, to the loan package.

4. Pg. 14:18-23: This section needs to be updated to reflect the court's ruling on Buchanan's motion for relief from stay.

5. Pg. 16:10-12: Debtor needs to disclose that under the plan, Exhibit B, within 14 days of the failure to obtain a refinance, Debtor must begin marketing the property for sale. Special note re the auction procedures

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mentioned in Exhibit 2: the auction will not take place in the courtroom. Such sale will need to be conducted outside the courtroom.Note: If all parties accept the foregoing tentative ruling, appearances at this hearing is not required.6. Pg. 24: Risk factors section needs to be modified to add as a risk the possibility that a sale might not be accomplished before relief from stay is granted to Buchanan.

Party Information

Debtor(s):

10827 Studebaker LLC, a California Represented BySteven Werth

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#19.00 CON'TD STATUS CONFERENCE RE: (1) Status of Chapter 11 Case; and (2) Requiring Report on Status of Chapter 11 Case

FR: 10-17-19; 4-9-20; 4-30-20

1Docket

- NONE LISTED -

Courtroom Deputy:


October 17, 2019

Claims bar date: Jan. 17, 2020 (notice to be served by 11/15/19

Deadline to file plan/DS Feb. 20, 2020

Continued Status Conf.: Apr. 9, 2020 at 10:30 a.m. (XX)

Updated Status Report Due: Mar. 19, 2019 (unless the plan/DS has been

filed by such date, in which case the reportrequirement will be waived)

Tentative Ruling:

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Note: If Debtor is in substantial compliance with the requirements of the United States Trustee, appearance at this hearing is not required. It is Debtor's responsiblity to confirm compliance with the UST prior to the hearing.----------------------------------------------------------------------April 9, 2020

Continue Status Conference to April 30, 2020 at 10:30 a.m., the same date/time as hearing on approval of Debtor's Disclosure Statement; an updated status report is not required. (XX)

Note: Appearance at this hearing is not required. Non appearance at the hearing will be deemed acceptance of the tentative ruling.----------------------------------------------------------------------April 30, 2020

Continue status conference to June 18, 2020 at 10:30 a.m., same date/time set for the continued hearing on approval of Debtor's disclosure statement. (XX)

Note: Appearances at this hearing are not required. Non-appearance at the hearing will be deemed acceptance of the tentative ruling.----------------------------------------------------------------------

June 18, 2020

Continue status conference to September 10, 2020 at 10:30 a.m.; updated status report not required.

Note: Appearances at this hearing are not required. Non-appearance at the hearing will be deemed acceptance of the tentative ruling.

Party Information

Debtor(s):


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#20.00 CON'TD Hearing RE: Amended Motion for relief from the automatic stay [REAL PROPERTY]

BUCHANAN MORTGAGE HOLDINGS, LLC

VS.

DEBTOR

FR: 5-21-20

94Docket

- NONE LISTED -

Courtroom Deputy:


May 21, 2020

Grant with 4001(a)(3) waiver; deny extraordinary relief requested in relief request #10.

No grounds stated for extraordinary relief.divider

Note: This matter appears to be uncontested. Accordingly, no court

Tentative Ruling:

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appearance by the Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.----------------------------------------------------------------------

June 18, 2020

Grant motion with 4001(a)(3) waiver, effective February 12, 2021, meaning no foreclosure sale can be take prior to February 12, 2021, subject to one request by Debtor for an extension of the effective date of relief from stay on a regularly noticed motion -- the only issue being whether Debtor has an escrow pending as of the date of such motion (the fully executed excrow documents must be attached to the motion). If Debtor has not confirmed a plan by November 5, 2020, the effective date of relief from stay shall be advanced to November 12, 2020. Deny request for extraordinary relief.

Court's Comments

The effective date of February 12, 2021 takes into account a confirmation hearing date of September 17, 2020; the effective date of the plan (30 days following entry of the confirmation order) and the initial 90-day marketing period if a refinance has not been obtained.

Note: If both parties accept the foregoing tentative ruling, appearances at this hearing are not required. Non-appearance at the hearing will be deemed to be acceptance of the tentative ruling.

Party Information

Debtor(s):


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Movant(s):Buchanan Mortgage Holdings, LLC Represented By

Randy P Orlik

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Santa Ana


10:30 AMHussam Fayiz Darwish8:19-14834 Chapter 11

#21.00 Hearing RE: Debtor's Disclosure Statement Describing Chapter 11 Plan of Reorganization

53Docket

- NONE LISTED -

Courtroom Deputy:


June 18, 2020

Deny approval of Disclosure Statement

Basis for Tentative Ruling:

The issues raised by the objecting parties are well-taken. Among other things, the plan improperly modifies the terms of a loan secured by Debtor's residence, does not provide arrearages, and most importantly, even the most recent MOR filed June 15, 2020 (after Debtor's reply was filed) shows monthly income of less than $6,000 with an ending balance of approximately $33.00. Accordingly, the plan appears to be infeasible on its face. Lack of sufficient income to fund a viable plan cannot be corrected by an amended disclosure statement.

The court intends to issue an order to show cause why this case should not

Tentative Ruling:

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Santa Ana


10:30 AMHussam Fayiz DarwishCONT... Chapter 11

be dismissed or converted due to inability to propose a viable plan. See #22 on today's calendar.

Note: If all parties accept the tentative ruling, appearances at this hearing are not required.

Party Information

Debtor(s):

Hussam Fayiz Darwish Represented ByMichael Jones

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Santa Ana


10:30 AMHussam Fayiz Darwish8:19-14834 Chapter 11

#22.00 CON'TD STATUS CONFERENCE Hearing RE: Status of Chapter 11 Case; and (2) Requiring Report on Status of Chapter 11 Case

FR: 2-20-20; 5-21-20

1Docket

- NONE LISTED -

Courtroom Deputy:

February 20, 2020

Absent a noticed motion, the court will not provide any "advisory opinions" regarding Debtor's contemplation of a conversion of this case to one under Sub-Chapter V, including Debtor's eligibility to be a Sub-Chapter V debtor. That said, Debtor's counsel may want to consider the relevant deadlines under Sub-Chapter V (filing of plan, claims bar date, etc) and review legal authorities regarding chapter 13 eligibility in the "chapter 20" scenario. See, e.g., In re Blackwell, 514 B.R. 19 (Bankr. ND Cal. 2014).

Absent conversion:

Claims bar date: Apr. 23, 2020 (60 days not)

Deadline to file plan/DS: Apr. 30, 2020Continued Status Conf: May 21, 2020 at 10:30amUpdated Status Report: May 7, 2020 (waived if DS filed)

Note: Appearance at this hearing is required.------------------------------------------------------------------------------

May 21, 2020

Tentative Ruling:

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Santa Ana


10:30 AMHussam Fayiz DarwishCONT... Chapter 11

Continue status conference to June 18, 2020 at 10:30 a.m., same date/time as hearing on approval of Debtor's disclosure statement. Updated status report not required. (XX)

Note: Appearances at this hearing are not required.--------------------------------------------------------------------------------

June 18, 2020

Continue status conference to August 6, 2020 at 10:30 a.m. Court to issue order to show cause why this case should not been dismissed or converted due to inability of Debtor to propose a viable plan of reorganization -- the hearing will be set for August 6, 2020 at 10:30 a.m.

Party Information

Debtor(s):

Hussam Fayiz Darwish Represented ByMichael Jones

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Santa Ana


10:30 AMMESCO, Inc.8:20-10262 Chapter 11

#23.00 CONT'D Hearing RE: Motion by United States Trustee to Dismiss or Convert Case Pursuant to 11 U.S.C. Section 1112(b)

FR: 5-21-20

40Docket *** VACATED *** REASON: CONTINUED TO 7/23/2020 AT 10:30 A.M., Per Order Entered 6/10/2020 (XX)

CONTINUED: Hearing Continued to 7/23/2020 at 10:30 a.m., Per Order Entered 6/10/2020 (XX) - td (6/10/2020)

Courtroom Deputy:


May 21, 2020

Deny motion without prejudice as moot, unless the moving party withdraws the hearing prior to the hearing.

Tentative Ruling:

Party Information

Debtor(s):

MESCO, Inc. Represented ByMichael G SpectorVicki L Schennum

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Santa Ana


10:30 AMNelson D. Randin8:20-10620 Chapter 13

#24.00 Hearing RE: Chapter 13 Debtor's Motion for Order Approving Settlement and Compromise of Dispute and Approving and Ratifying Post-petition Transfer of Property Under Federal Rule of Bankruptcy Procedure 9019 Between the Debtors and Objecting Creditors Leon I. Davis and Barbara Silverman

37Docket

- NONE LISTED -

Courtroom Deputy:


June 18, 2020

Grant motion.

Note: This matter appears to be uncontested. Accordingly, no court appearance by the Movant is required. Should an opposing party file a late opposition or appear at the hearing, the court will determine whether further hearing is required and Movant will be so notified.

Tentative Ruling:

Party Information

Debtor(s):

Nelson D. Randin Represented ByJoseph A Weber

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Santa Ana


10:30 AMNelson D. RandinCONT... Chapter 13

Fritz J Firman

Trustee(s):


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Santa Ana


10:30 AMKim-Lan T Nguyen8:20-10682 Chapter 13

#25.00 Hearing RE: Chapter 13 Trustee's Objection to Debtor's Claims of Exemptions

18Docket

- NONE LISTED -

Courtroom Deputy:


June 18, 2020

Continue the hearing to August 6, 2020 at 10:30 a.m. to allow Movant to address various service and other issues.

Court's Comments:

Service:

1. Debtor's attorney was not served with the Motion.2. Debtor was not advised of the deadline for filing an opposition.

Merits:

1. A copy of Schedule C was not attached to the Motion.

Tentative Ruling:

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10:30 AMKim-Lan T NguyenCONT... Chapter 13

2. A proper declaration in support of the Motion was not provided.

3. The Motion does not indicate whether the Trustee is seeking a totaldisallowance of a homestead exemption, i.e., $0.00, or some lesser amount such as $75,000 or $100,000. The court notes that according to Schedule I, Debtor appears to have a minor dependent, an indicator that Debtor may be entitled to an exemption of $100,000 as a head of household. As there is no allegation that Debtor did not reside on the subject property at the time of the filing, Debtor would appear to be entitled to an exemption of least a $75,000 exemption.

4. In light of the amount of the exemption claimed in Schedule C, did the Trustee or his counsel inquire about the basis for the amount at the time of the 341a meeting?

Note: If Movant accepts the foregoing tentative ruling, appearance at this hearing is not required. Non-appearance at the hearing will be deemed acceptance of the tentative ruling.

Party Information

Debtor(s):

Kim-Lan T Nguyen Represented ByThinh V Doan

Trustee(s):


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Santa Ana


10:30 AMEugene S. Tamburelli and Shirley A. Tamburelli8:20-11102 Chapter 13

#26.00 Hearing RE: Debtors' Objection to Claim of Bank of America, Claim Number 4-1

22Docket *** VACATED *** REASON: OFF CALENDAR: Debtors' Notice of Voluntary Dismissal of Objection to the Proof of Claim of Bank of America, Claim Number 4-1, filed 6/5/2020

OFF CALENDAR: Debtors' Notice of Voluntary Dismissal of Objection to the Proof of Claim of Bank of America, Claim Number 4-1, filed 6/5/2020 -td (6/8/2020)

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Eugene S. Tamburelli Represented ByJoseph A WeberFritz J Firman

Joint Debtor(s):

Shirley A. Tamburelli Represented ByJoseph A WeberFritz J Firman

Trustee(s):


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Santa Ana


2:00 PMLillian Sikanovski Dulac8:18-12967 Chapter 7

#27.00 CON'TD Hearing RE: Motion for relief from automatic stay [ACTION IN NON-BANKRUPTCY FORUM]

RONALD DULAC

VS.

DEBTOR

FR: 4-2-20

107Docket *** VACATED *** REASON: CONTINUED TO 9/3/2020 AT 2:00 P.M., Per Order Entered 5/22/2020 (XX)

CONTINUED: Hearing Continued to 9/3/2020 at 2:00 p.m., Per Order Entered 5/22/2020 (XX) - td (5/22/2020)

Courtroom Deputy:

April 2, 2020

SPECIAL IMPORTANT NOTICE! In order to mitigate the spread of the COVID-19 virus, notice is hereby given that ALL hearings before Judge Smith will be by TELEPHONE APPEARANCE ONLY until further notice. The courtroom will be locked. Any party who wishes to appear must register in advance by contacting CourtCall at (866) 582-6878. It is suggested that parties register with CourtCall at least 30 minutes prior to the hearing. Through April 30, 2020, CourtCall is offering discounted registration for attorneys and free registration for parties without an attorney.

Continue the hearing to June 18, 2020 at 10:00 a.m. The parties are ordered to meet and confer by telephone or videoconference regarding a resolution by

Tentative Ruling:

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Santa Ana


2:00 PMLillian Sikanovski DulacCONT... Chapter 7

or before May 21, 2020 and file a joint status report regarding the same no later than June 4, 2020. If Movant is not agreable to a continuance (and waiver of the 30-day requirement), the motion will be denied without prejudice.

Basis for the Tentative Ruling:

On March 27, 2020, the Orange County Superior Court issued a press release effectively shutting down the Court as to all nonemergency matters for sixty days. The press release states in part:

"All other Civil hearing dates on any civil case set during the next 60 days (including court and jury trials in progress or calendared to begin during this timeframe) are deemed vacated and will be reset for a date beyond 60 days. Notice will be provided to all parties. Although hearings may continue to display as calendared in electronic online case access, no hearings will be conducted during this period. See Administrative Order 2020/06 posted on the court’s website www.occourts.org."

As little to nothing will be litigated in state court for at least the next 60 days, the time would be better spent attempting to reach resolution on some or all of the issues pending between the parties.

Party Information

Debtor(s):

Lillian Sikanovski Dulac Represented ByMichael JonesSara Tidd

Movant(s):

Ronald Dulac Represented ByMichael G Spector

Trustee(s):

Weneta M Kosmala (TR) Represented ByErin P Moriarty

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Santa Ana


2:00 PMLillian Sikanovski Dulac8:18-12967 Chapter 7

Bertrand H Dulac and Georgette C Dulac, Trustees o v. Dulac et alAdv#: 8:19-01078

#28.00 Hearing RE: Motion for Summary Judgment as to Particular Claims for Relief (1st, 2nd, 6th and 7th), or in the Alternative, for a Determination of Facts Not Genuinely in Dispute on Complaint-in-Intervention

35Docket *** VACATED *** REASON: CONTINUED TO 9/3/2020 AT 2:00 P.M., Per Order Entered 5/26/2020 (XX)

CONTINUED: Hearing Continued to 9/3/2020 at 2:00 p.m., Per Order Entered 5/26/2020 (XX) - td (5/26/2020)

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Lillian Sikanovski Dulac Represented ByMichael JonesSara Tidd

Defendant(s):

Ronald H. Dulac Represented ByErin P Moriarty

Lillian Sikanovcki Dulac Pro Se

Plaintiff(s):

Bertrand H Dulac and Georgette C Represented ByRonald AppelMichael JonesErin P Moriarty

Trustee(s):

Weneta M Kosmala (TR) Represented ByPage 57 of 586/17/2020 3:46:40 PM



Santa Ana



Erin P Moriarty

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Documents

United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/ES_061820.pdf · 8:19-10275 Michael J Duff Chapter 7 Adv#: 8:19-01084 Constantin et