united states bankruptcy court central district of...

United States Bankruptcy CourtCentral District of California

Judge Deborah Saltzman, PresidingCourtroom 201 Calendar

Northern Division

Tuesday, August 25, 2020 201 Hearing Room

11:30 AM9:00-00000 Chapter 0

#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and

audio.

Parties in interest and members of the public may connect to the video and audio feeds,

free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer

(equipped with camera, microphone and speaker), or a handheld mobile device (such as

an iPhone or Android phone). Individuals may opt to participate by audio only using a

telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-

registration is required. The audio portion of each hearing will be recorded

electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1616500238

ZoomGov meeting number: 161 650 0238

Password: 384176

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the

information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's

website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under

the tab "Telephonic Instructions."

0Docket

- NONE LISTED -

Tentative Ruling:

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Northern Division


11:30 AMJohn Gardener Mahon9:17-10021 Chapter 13

#1.00 CONT'D HearingRE: [38] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 295 Monte Via, Oak View, California 93022

FR. 7-21-20

38Docket *** VACATED *** REASON: Resolved by Stipulation. Order Granting Motion for Relief entered on 8/24/2020.

Please update the court on status.

Tentative Ruling:

Party Information

Debtor(s):

John Gardener Mahon Represented ByMatthew D. Resnik

Movant(s):

U.S. Bank Trust National Represented ByAngie M Marth

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

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Northern Division


11:30 AMJamie Luna and Brandy Marie Luna9:18-11607 Chapter 13

#2.00 CONT'D HearingRE: [49] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 612 Manzanita Dr., Fillmore, CA 93015

FR. 6-23-20

49Docket *** VACATED *** REASON: Resolved by Stipulation. Order Granting Motion for Relief entered on 7/23/2020

If the parties are looking for a continuance of about 60 days, the court has the following options available:

August 25 at 11:30September 1 at 11:30September 8 at 11:30

Tentative Ruling:

Party Information

Debtor(s):

Jamie Luna Represented ByMatthew D. Resnik

Joint Debtor(s):

Brandy Marie Luna Represented ByMatthew D. Resnik

Movant(s):

U.S. Bank Trust National Represented ByErin M McCartney

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Northern Division


11:30 AMJamie Luna and Brandy Marie LunaCONT... Chapter 13

Trustee(s):Elizabeth (ND) F Rojas (TR) Pro Se

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Northern Division


11:30 AMRoland F. Remigio and Ruby Remigio9:19-10694 Chapter 13

#3.00 HearingRE: [44] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 745 Shorthorn Ct, Paso Robles, CA 93446 .

44Docket *** VACATED *** REASON: Withdrawn by movant on 8/24/2020

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.

GRANT under 11 U.S.C. § 362(d)(1).GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.

MOVANT TO LODGE ORDER WITHIN 7 DAYS.

THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).

Tentative Ruling:

Party Information

Debtor(s):

Roland F. Remigio Represented ByCarissa N Horowitz

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Northern Division


11:30 AMRoland F. Remigio and Ruby RemigioCONT... Chapter 13

Joint Debtor(s):

Ruby Remigio Represented ByCarissa N Horowitz

Movant(s):

Wilmington Savings Fund Society, Represented ByAngie M Marth

Trustee(s):


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Northern Division


11:30 AMMatthew A. Kolkowski and Holli Kolkowski9:20-10351 Chapter 13

#4.00 HearingRE: [63] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1759 Starpine Way, Simi Valley, CA 93065 with proof of service.

63Docket

The Movant has not provided caselaw showing that failure to make postpetition HOA assessment payments constitutes "cause" under § 362(d)(1). The court understands from the motion that the Debtors have only missed two payments of $112 each.

Tentative Ruling:

Party Information

Debtor(s):

Matthew A. Kolkowski Represented ByBryan Diaz

Joint Debtor(s):

Holli Kolkowski Represented ByBryan Diaz

Movant(s):

Simi Village Homeowners Represented ByMisty A Perry Isaacson

Trustee(s):


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Northern Division


11:30 AMBrendan J Searls9:20-10842 Chapter 13

#5.00 CONT'D HearingRE: [8] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate All Property including 5573 Rushmore Street, Ventura California

FR. 7-28-20

8Docket

Service has been corrected.


Grant. Movant to lodge order within seven days.

Tentative Ruling:

Party Information

Debtor(s):

Brendan J Searls Represented ByCarissa N HorowitzWilliam C Beall

Movant(s):

Brendan J Searls Represented By

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Northern Division


11:30 AMBrendan J SearlsCONT... Chapter 13

Carissa N HorowitzCarissa N HorowitzCarissa N HorowitzCarissa N HorowitzCarissa N HorowitzCarissa N HorowitzCarissa N HorowitzCarissa N HorowitzCarissa N HorowitzCarissa N HorowitzWilliam C BeallWilliam C BeallWilliam C BeallWilliam C BeallWilliam C BeallWilliam C BeallWilliam C BeallWilliam C BeallWilliam C BeallWilliam C Beall

Trustee(s):


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Northern Division


11:30 AMLaurie S. Todt9:14-12338 Chapter 7

#6.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Faith. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (fsy))

98Docket

The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.

GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.

Tentative Ruling:

Party Information

Debtor(s):

Laurie S. Todt Pro Se

Trustee(s):

Jeremy W. Faith (TR) Represented ByM Douglas FlahautAram Ordubegian

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Northern Division


11:30 AMAIS Construction Company9:20-10065 Chapter 7

#7.00 HearingRE: [76] Motion to compel trustee to abandon interest in property of estate

76Docket


Grant. Movant to lodge order within seven days.

Tentative Ruling:

Party Information

Debtor(s):

AIS Construction Company Represented ByWilliam E. Winfield

Movant(s):

AIS Construction Company Represented ByWilliam E. Winfield

Trustee(s):

Sandra McBeth (TR) Pro Se

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Northern Division


11:30 AMMaurice Leo Wedell and Susan Elizabeth Wedell9:18-10544 Chapter 11

#8.00 HearingRE: [180] Motion to Modify Plan and Notice Thereof

180Docket

The proposed modification runs afoul of section 1129(a)(9)(A).

Can the parties resolve this consensually?

Tentative Ruling:

Party Information

Debtor(s):

Maurice Leo Wedell Represented ByLeslie A Cohen

Joint Debtor(s):

Susan Elizabeth Wedell Represented ByLeslie A Cohen

Movant(s):

Maurice Leo Wedell Represented ByLeslie A CohenLeslie A Cohen


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Northern Division


11:30 AMMaurice Leo Wedell and Susan Elizabeth Wedell9:18-10544 Chapter 11

#8.10 Post-Confirmation Status Hearing

FR. 4-8-20, 4-28-20, 8-4-20

1Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Maurice Leo Wedell Represented ByLeslie A Cohen

Joint Debtor(s):


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Northern Division


11:30 AMSelfridge Partners, LLC9:17-11618 Chapter 11

#9.00 CONT'D HearingRE: [210] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)

FR. 7-21-20

210Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Selfridge Partners, LLC Represented ByWilliam E. Winfield

Movant(s):

United States Trustee (ND) Represented ByBrian D Fittipaldi

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Northern Division



#10.00 CONT'D HearingRE: [156] Application for Compensation - First and Final Application by Resnik Hayes Moradi LLP, Former General Bankruptcy Counsel for the Debtor, for Allowance of Fees and Reimbursement of Costs for the Period September 7, 2017 Through April 30, 2019; Declaration of Matthew D. Resnik in Support Thereof, with Proof of Service for Matthew D. Resnik, Debtor's Attorney, Period: 9/7/2017 to 4/30/2019, Fee: $96,786.50, Expenses: $1,913.34.

FR. 12-5-19, 1-7-20, 3-3-20, 5-5-20, 5-18-20, 7-23-20

156Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Movant(s):


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Northern Division



#11.00 CONT'D Confirmation HearingRE: [147] Debtor's Proposed Chapter 11 Plan of Reorganization

FR. 1-21-20, 3-3-20, 5-5-20, 5-18-20, 7-23-20

147Docket

Please update the court on the status of this case.Are there any ballots accepting the plan?

Tentative Ruling:

Party Information

Debtor(s):


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Northern Division


11:30 AMChannel Technologies Group, LLC9:16-11912 Chapter 11

Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et Adv#: 9:18-01058

#12.00 CONT'D Status HearingRE: [1] and [156] Amended Complaint First by Christian A Orozco on behalf of Corporate Recovery Associates, LLC against all defendants. (RE: related document(s)1 Adversary case 9:18-ap-01058. Complaint by Corporate Recovery Associates, LLC against Blue Wolf Capital Partners, LLC, Blue Wolf Capial Fund II, L.P., Gladstone Investment Corporation, Blue Wolf Capital Advisors L.P., BW Piezo Holdings, LLC, Fidus Investment Corporation, Fidus Mezzanine Capital II, L.P., Avante Mezzanine Partners SBIC, LP, Avante Mezzanine Partners II, Inc., Pengdi Han, Dhan, LLC, Grant Thornton, LLP, CTG Advanced Materials, LLC, CTS Corporation, Electro Optical Industries, Duff & Phelps, and CIT Bank, N.A. (Charge To Estate). Original Complaint Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) filed by Plaintiff Corporate Recovery Associates, LLC). (Orozco, Christian)

FR. 2-11-19, 3-18-19, 5-14-19, 6-12-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19ADVANCED FROM 1-8-20, 1-7-20, 2-4-20, 4-28-20

156Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Channel Technologies Group, LLC Represented ByJeffrey W DulbergVictoria Newmark

Defendant(s):

Blue Wolf Capital Partners, LLC Represented ByChristopher O RivasHoward Steinberg

Blue Wolf Capial Fund II, L.P. Represented By

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Northern Division


11:30 AMChannel Technologies Group, LLCCONT... Chapter 11

Christopher O RivasHoward Steinberg

Gladstone Investment Corporation Represented ByCheryl S ChangCraig N Haring

Blue Wolf Capital Advisors L.P. Represented ByChristopher O RivasHoward Steinberg

BW Piezo Holdings, LLC Represented ByChristopher O RivasHoward Steinberg

CTG Advanced Materials, LLC Represented ByJonathan BoustaniPaul J Laurin

CTS Corporation Represented ByJonathan BoustaniPaul J Laurin

Electro Optical Industries Represented ByPeter J BenvenuttiTobias S KellerDavid A Taylor

Duff & Phelps Represented ByChristopher O Rivas

CIT BANK, N.A. Pro Se

Plaintiff(s):

Corporate Recovery Associates, Represented ByChristian A OrozcoAndrew B LevinSam Butler Hardy IVEdward J DennisAdrian Garcia

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Northern Division


11:30 AMRajysan, Inc.9:17-11363 Chapter 11

THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v. Adv#: 9:18-01040

#13.00 CONTD. HearingRE: [132] Notice of Motion and Motion for Award of Attorney Fees and Costs as Prevailing Party on Expungement with Proof of Service.

FR. 4-22-20, 6-23-20

132Docket *** VACATED *** REASON: Withdrawn by movant on 8-11-2020

More briefing is needed on whether the doctrine of quasi-judicial immunity bars an award of attorney's fees and costs.

The Committee seems to intend to argue for quasi-judicial immunity when it raises the Barton doctrine in opposition to the Motion. The Barton doctrine is a jurisdictional matter and requires that "a party must first obtain leave of the bankruptcy court before it initiates an action in another forum against a bankruptcy trustee or other officer appointed by the bankruptcy court for acts done in the officer’s official capacity." Beck v. Fort James Corp. (In re Crown Vantage, Inc.), 421 F.3d 963, 970 (9th Cir. 2005). If required leave is not sought from the bankruptcy court, the other forum lacks jurisdiction to hear the action. Id. at 971. Part of the rationale behind the Barton doctrine in bankruptcy is that the bankruptcy court has in rem subject matter jurisdiction over estate property, and an unauthorized suit would usurp the powers of the bankruptcy court. See Id. at 970-71 (citing Barton v. Barbour, 104 U.S. 126, 127 (1881)). Here, there is no other forum, so the Barton doctrine has no application to the Motion. As the Defendants note, the Committee makes no argument that leave of the court was required before the Motion was filed. Such a claim would make no sense because this is the appointing court.

Closely linked to the Barton doctrine is the concept of quasi-judicial immunity, which, rather than Barton, seems to be what the Committee means to invoke. Whether a not a party would have quasi-judicial immunity is one of the factors a court considers in deciding whether to apply the Barton doctrine. "A non-judicial officer is entitled to quasi-judicial immunity if: (1) the individual has,

Tentative Ruling:

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Northern Division


11:30 AMRajysan, Inc.CONT... Chapter 11

under common law, been afforded immunity and the public interest behind it supports such immunity; and (2) the individual’s function is within the scope of that immunity." Mortgages Ltd., 2013 WL 1336830, at *5 (citing Antoine v. Byers & Anderson, 508 U.S. 429 (1993) and Curry v. Castillo (In re Castillo), 297 F.3d 940, 946-47 (9th Cir. 2002)). The first issue is uncontroversial – as the Committee notes, creditors’ committee have been found to be covered by quasi-judicial immunity. See, e.g., Blixseth v. Brown (In re Yellowstone Mountain Club, LLC), 840 F.3d 1090. 1095 (9th Cir. 2016) (applying the Barton doctrine to a committee chair, which would have to be based on the factor for application of the Barton doctrine that asks whether the officer is entitled to quasi-judicial or derived judicial immunity). The Defendants do not appear to dispute that, if quasi-judicial immunity would apply to this factual context, it would not extend to the Committee specifically.

The Committee’s Opposition falls short, however, of establishing that quasi-judicial immunity bars an award of prevailing party fees and costs, whether specifically under CCP § 405.38 or otherwise. The Opposition merely argues for the existence of quasi-judicial immunity in the bankruptcy context and its extension to the Committee. The Opposition does not address the elements a court must consider in determining whether quasi-judicial immunity applies, including whether: "(1) their acts were within the scope of their authority; (2) the debtor had notice of their proposed acts; (3) they candidly disclosed their proposed acts to the bankruptcy court; and (4) the bankruptcy court approved their acts." Harris v. Wittman (In re Harris), 590 F.3d 730, 742 (9th Cir. 2009) (citing Bennett v. Williams, 892 F.2d 822, 823, 825 (9th Cir. 1989)).

The Defendants cite In re Ybarra, 424 F.3d 1018 (9th Cir. 2005), and In re Taggart, 888 F.3d 438 (9th Cir. 2018), in response to the quasi-judicial immunity argument, but neither case is analogous to this case. The issue before the Ybarra court was whether the litigation had been "continuous litigation" as opposed to litigation commenced postpetition. Ybarra, 424 F.3d at 1026-27. The Defendants provide no explanation of how this discharge question applies to a quasi-judicial immunity analysis. And Taggart also addresses a discharge issue, not quasi-judicial immunity. Moreover, Taggarthas been reversed and remanded by the Supreme Court (as the Defendants note in their brief).

The Defendants cite no authority for their claim that quasi-judicial immunity

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Northern Division



should not bar an award because the "same reasoning would apply to a sanction award under Rule 11" and therefore "plaintiff trustee, debtors and committees in bankruptcy cases could assert frivolous positions under the protection of quasi-judicial immunity." It does not necessarily follow from extension of immunity here that such immunity would extend to conduct as extreme as that which would lead to Rule 11 sanctions. First, the Defendants make no claim that a lis pendens ultimately expunged under the rigorous standard for lis pendens under California law is conduct of the same quality as a Rule 11 violation or other sanctionable conduct. Second, there are limitations on the scope of quasi-judicial immunity. The BAP has held that a bankruptcy appointee "is allowed to make reasonable mistakes where discretion is allowed," but "may be sued for intentional or negligent actions which amount to violations of the duties imposed upon the [appointee] by law." Kashani v. Fulton (In re Kashani), 190 B.R. 875, 883 (B.A.P. 9th Cir. 1995).

At this point, the parties have not presented any clearly relevant and binding or persuasive authority on the question of whether quasi-judicial immunity protects a bankruptcy appointee from an adverse party’s claim of prevailing party attorney’s fees for postpetition litigation. Without authority from either the Defendants or the Committee, the court isn't in a position to rule on this motion.

Please have a schedule in mind for supplemental briefing.

Party Information

Debtor(s):

Rajysan, Inc. Represented ByAndrew Goodman

Defendant(s):

Gurpreet Sahani Represented ByLewis R Landau

Rajinder Sahani Represented ByLewis R Landau

Amarjit Sahani Represented By

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Northern Division



Lewis R Landau

Shaheen Sahani Represented ByLewis R Landau

Gurpreet Sahani as Trustee of The Represented ByLewis R Landau

Movant(s):

Gurpreet Sahani Represented ByLewis R Landau

Rajinder Sahani Represented ByLewis R Landau

Amarjit Sahani Represented ByLewis R Landau

Shaheen Sahani Represented ByLewis R Landau

Gurpreet Sahani as Trustee of The Represented ByLewis R Landau

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented ByChad V HaesD Edward HaysTinho Mang

Trustee(s):

Sandra McBeth (TR) Represented ByTimothy J YooAdam D GrantTodd M ArnoldCarmela Pagay

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Northern Division


11:30 AMBikram's Yoga College of India LP, a limited9:17-12045 Chapter 11

Itkin v. ELO et alAdv#: 9:19-01069

#14.00 CONTD. Status HearingRE: [1] Adversary case 9:19-ap-01069. Complaint by Robbin L Itkin against ELO, 3E EIGHT LLC, 3E ONE LLC, MIAMI SUPERCAR ROOMS, ELO TRUSTEES LTD.. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)

FR. 3-24-20, 6-30-20

*******All appearances for the June 30, 2020 calendar will be via Zoom and not via Court Call. All parties participating in these hearings may connect from the zoom link listed below. This service is free of charge. You may participate using a computer or telephone.

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1Docket

- NONE LISTED -

Tentative Ruling:

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Northern Division


11:30 AMBikram's Yoga College of India LP, a limitedCONT... Chapter 11

Party Information

Debtor(s):

Bikram's Yoga College of India LP, a Represented ByMartin J BrillKrikor J Meshefejian

Defendant(s):

ELO Pro Se

3E EIGHT LLC Pro Se

3E ONE LLC Pro Se

MIAMI SUPERCAR ROOMS Pro Se

ELO TRUSTEES LTD. Pro Se

Plaintiff(s):

Robbin L Itkin Represented ByDavid M Riley

Trustee(s):

Robbin L Itkin (TR) Represented ByEric D GoldbergDavid M RileyRobbin L. Itkin

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Northern Division



Itkin v. Shigenaga et alAdv#: 9:19-01070

#15.00 CONTD. Status HearingRE: [1] Adversary case 9:19-ap-01070. Complaint by Robbin L Itkin against Monica Shigenaga, COCOJOR HAWAII, LLC, JADOO, LLC. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)

FR. 3-24-20, 6-13-20, 7-13-20

*******All appearances for the July 13, 2020 calendar will be via Zoom and not via Court Call. All parties participating in these hearings may connect from the zoom link listed below. This service is free of charge. You may participate using a computer or telephone.

Join by Computer


Meeting ID: 160 230 2770

Password: 791334

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Meeting ID: 160 230 2770

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AND

Status Hearing RE: [13] Counterclaim by Shigenega Shigenaga, et al against Robbin L Itkin

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Northern Division



1Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

Monica Shigenaga Pro Se

COCOJOR HAWAII, LLC Pro Se

JADOO, LLC Pro Se

Plaintiff(s):

Robbin L Itkin Represented ByEric D GoldbergDavid M Riley

Trustee(s):


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Northern Division



Itkin v. ChoudhuryAdv#: 9:19-01072

#16.00 CONTD. Status HearingRE: [1] Adversary case 9:19-ap-01072. Complaint by Robbin L Itkin against Lajwanti Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8-9 # 9 Exhibit 10) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)

FR. 3-24-20, 6-30-20


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1Docket

Tentative Ruling:

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Northern Division



- NONE LISTED -

Party Information

Debtor(s):


Defendant(s):

Lajwanti Choudhury Pro Se

Plaintiff(s):


Trustee(s):


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Northern Division




#17.00 CONTD. Status HearingRE: [1] Adversary case 9:19-ap-01073. Complaint by Robbin L Itkin against Anurag Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8-10) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)

FR. 3-24-20, 6-30-20


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Password: 507177

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1Docket

Tentative Ruling:

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Northern Division



- NONE LISTED -

Party Information

Debtor(s):


Defendant(s):

Anurag Choudhury Pro Se

Plaintiff(s):


Trustee(s):


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Northern Division



Itkin v. Choudhury et alAdv#: 9:19-01074

#18.00 CONTD. Status HearingRE: [1] Adversary case 9:19-ap-01074. Complaint by Robbin L Itkin against Rajashree Choudhury, The Rajashree Choudhury Family Trust Dated March 1, 2016. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)

FR. 3-24-20, 6-30-20


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1Docket

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Northern Division



- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

Rajashree Choudhury Pro Se

The Rajashree Choudhury Family Pro Se

Plaintiff(s):


Trustee(s):


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Northern Division




#19.00 CONTD. Status HearingRE: [1] Adversary case 9:19-ap-01075. Complaint by Robbin L Itkin against Bikram Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8 # 9 Exhibit 9 # 10 Exhibit 10 # 11 Exhibit 11 # 12 Exhibit 12 # 13 Exhibit 13 # 14 Exhibit 14 # 15 Exhibit 15) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)

FR. 3-24-20, 6-30-20


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1Docket

of 478/25/2020 8:47:15 AM



Northern Division



- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

Bikram Choudhury Pro Se

Plaintiff(s):


Trustee(s):


of 478/25/2020 8:47:15 AM



Northern Division


11:30 AMCharles Ardeil Hamm, II9:18-10785 Chapter 7

Burcar et al v. Hamm, IIAdv#: 9:18-01045

#20.00 HearingRE: [185] Motion To Stay Pending Appeal (related documents 154 Notice of Appeal and Statement of Election (Official Form 417A))

185Docket

Matters on the general calendar are heard for 15 minutes. Each side has 7.5 minutes. The court will hear from the movant first, then the opposing party, and will give the movant an additional 2 minutes to respond to anything if he believes that is necessary.

Tentative Ruling:

Party Information

Debtor(s):

Charles Ardeil Hamm II Pro Se

Defendant(s):


Movant(s):




Plaintiff(s):

Shanna Burcar Represented ByJeffrey Belton

John C. Barlow Represented ByJeffrey Belton

Nancy Barlow Represented ByJeffrey Belton

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Northern Division


11:30 AMCharles Ardeil Hamm, IICONT... Chapter 7

Trustee(s):

Jerry Namba (TR) Pro Se

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Northern Division


11:30 AMAurea Chavez Navarrete9:19-10845 Chapter 7

Namba v. VazquezAdv#: 9:20-01010

#21.00 CONT'D Status HearingRE: [1] Adversary case 9:20-ap-01010. Complaint by Jerry Namba against Miguel Vazquez. (Charge To Estate). COMPLAINT TO DETERMINE BANKRUPTCY ESTATES INTEREST IN REAL PROPERTY; FOR SALE OF REAL PROPERTY FREE AND CLEAR OF INTERESTS OF CO-OWNER Nature of Suit: (91 (Declaratory judgment)),(31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Olmstead, Reed)

FR. 3-24-20, 4-28-20

1Docket *** VACATED *** REASON: Case was dismissed on 7/20/20 .

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Aurea Chavez Navarrete Represented ByCharles W Oaks

Defendant(s):

Miguel Vazquez Represented ByCharles W Oaks

Plaintiff(s):

Jerry Namba Represented ByReed H Olmstead

Trustee(s):

Jerry Namba (TR) Represented ByReed H Olmstead

of 478/25/2020 8:47:15 AM



Northern Division


11:30 AMAndrea Bowen-Gardner9:19-11016 Chapter 7

Colebrook et al v. Bowen Gardner et alAdv#: 9:19-01052

#22.00 HearingRE: [28] Motion (for Joinder of Additional Parties) (Rust, Kam)

28Docket *** VACATED *** REASON: Order resolving the matter was entered on 8/24/20.

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCES FOR 8/25/20. This matter will be taken off calendar.

The court will prepare and enter an appropriate order.

Tentative Ruling:

Party Information

Debtor(s):

Andrea Bowen-Gardner Pro Se

Defendant(s):

Andrea Bowen Gardner Pro Se

Philip Gardner Pro Se

Joint Debtor(s):

Philip Gardner Pro Se

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Northern Division


11:30 AMAndrea Bowen-GardnerCONT... Chapter 7

Movant(s):Teena Colebrook Pro Se

Plaintiff(s):

Colleen Craig Pro Se

Kevin Rock Pro Se

Richard Viar Pro Se

Teena Colebrook Pro Se

Trustee(s):

Jeremy W. Faith (TR) Pro Se

of 478/25/2020 8:47:15 AM



Northern Division


11:30 AMJoshua Michael Luster9:19-11766 Chapter 7

Atkinson v. Luster et alAdv#: 9:20-01015

#23.00 Status HearingRE: [1] Adversary case 9:20-ap-01015. Complaint by Dora Atkinson against Joshua Michael Luster, Katherine Michelle Luster, Luster Construction, Hudson Insurance Company, Gary Luster, and DOES 1-10. willful and malicious injury)),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Kwasigroch, Michael) FR. 4-13-20, 5-18-20

ANDStatus HearingRE: [6] Counterclaim by Joshua Michael Luster, Katherine Michelle Luster against Michael Kwasigroch, Dora Atkinson (Faucher, John)

6Docket *** VACATED *** REASON: Continued to October 13, 2020 at 11:30am

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Joshua Michael Luster Represented ByJohn D Faucher

Defendant(s):

Joshua Michael Luster Represented ByJohn D Faucher

Katherine Michelle Luster Represented ByJohn D Faucher

Luster Construction Services Corp. Pro Se

DOES 1-10 Pro Se

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Northern Division


11:30 AMJoshua Michael LusterCONT... Chapter 7

Joint Debtor(s):

Katherine Michelle Luster Represented ByJohn D Faucher

Plaintiff(s):

Dora Atkinson Represented ByMichael D Kwasigroch

Trustee(s):

Jeremy W. Faith (TR) Pro Se

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Northern Division


11:30 AMKevin B. Gilgallon9:19-11768 Chapter 7

Faith v. ReedAdv#: 9:20-01026

#24.00 CONT'D Status HearingRE: [1] Adversary case 9:20-ap-01026. Complaint by Jeremy Faith against Kimberly Reed. (Charge To Estate). Complaint: (1) To Avoid Preferential Transfers Pursuant to 11 U.S.C. § 547; (2) To Avoid Fraudulent Transfer Pursuant to 11 U.S.C. § 548(a)(1)(A); (3) To Avoid Fraudulent Transfer Pursuant to 11 U.S.C. § 548(a)(1)(B); (4) For Recovery of Avoided Transfers Under 11 U.S.C. § 550; (5) To Preserve Transfer for the Benefit of the Estate Pursuant to 11 U.S.C. § 551, (6) For Authorization to Sell Real Property in Which Co- Owner Holds Interest Pursuant to 11 U.S.C. § 363(h); and (7) For Turnover of Property of the Estate (with Proof of Service) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(31 (Approval of sale of property of estate and of a co-owner - 363(h))),(11 (Recovery of money/property - 542 turnover of property)) (Goodrich, David)

FR. 5-5-20, 7-21-20

1Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Kevin B. Gilgallon Represented ByKaren Ware

Defendant(s):

Kimberly Reed Pro Se

Plaintiff(s):

Jeremy Faith Represented ByDavid M Goodrich

of 478/25/2020 8:47:15 AM



Northern Division


11:30 AMKevin B. GilgallonCONT... Chapter 7

Trustee(s):

Jeremy W. Faith (TR) Represented ByDavid M Goodrich

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Northern Division


11:30 AMKiki Leigh Scheiblauer9:20-10111 Chapter 7

Griffith & Thornburgh, LLP et al v. ScheiblauerAdv#: 9:20-01037

#25.00 Status HearingRE: [1] Adversary case 9:20-ap-01037. Complaint by Griffith & Thornburgh, LLP, Paul Capritto against Kiki Leigh Scheiblauer. false pretenses, false representation, actual fraud)) (Torres, Felicita)

1Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Kiki Leigh Scheiblauer Pro Se

Defendant(s):

Kiki Leigh Scheiblauer Pro Se

Plaintiff(s):

Griffith & Thornburgh, LLP Represented ByFelicita A Torres

Paul Capritto Represented ByFelicita A Torres

Trustee(s):

Jerry Namba (TR) Pro Se

of 478/25/2020 8:47:15 AM



Northern Division


11:30 AMDerrick Mackinga9:20-10255 Chapter 7

Credit 9 Inc v. MackingaAdv#: 9:20-01034

#26.00 Show Cause HearingRE: [1] Adversary case 9:20-ap-01034. Complaint by Credit 9 Inc against Derrick Mackinga. false pretenses, false representation, actual fraud)) (Hutchinson, George)

1Docket

At the initial status conference, the plaintiff failed to appear, and the plaintiff has still failed to file proof of service of the summons and the complaint on the defendant.

In response to the plaintiff's failure to prosecute this adversary proceeding, the court issued an order to show cause ("OSC") that required the plaintiff to appear at the OSC hearing and show cause why this case should not be dismissed. The OSC also required the plaintiff to file a response to the OSC at least 14 days before the hearing, or by 8/11/20. The OSC stated that failure to comply with the order may lead to dismissal of the case.

As of 8/24/20 at 3:08 p.m., the plaintiff has failed to file a response to the OSC. The court will enter an order dismissing this case for failure to prosecute.

Tentative Ruling:

Party Information

Debtor(s):

Derrick Mackinga Represented ByMeghann A Triplett

Defendant(s):

Derrick Mackinga Pro Se

Plaintiff(s):

Credit 9 Inc Represented ByGeorge C Hutchinson

of 478/25/2020 8:47:15 AM



Northern Division


11:30 AMDerrick MackingaCONT... Chapter 7

Trustee(s):Jerry Namba (TR) Pro Se

of 478/25/2020 8:47:15 AM



Northern Division


11:30 AMClayton Dow Hunt9:20-10359 Chapter 7

MARTINEZ v. HuntAdv#: 9:20-01036

#27.00 Status HearingRE: [1] Adversary case 9:20-ap-01036. Complaint by JEREMY MARTINEZ, Clayton Dow Hunt against Clayton Dow Hunt. willful and malicious injury)),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (Ring, Michael)

1Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Clayton Dow Hunt Represented ByReed H Olmstead

Defendant(s):

Clayton Dow Hunt Represented ByReed H Olmstead

Joint Debtor(s):

Autumn Sweetsage Hunt Represented ByReed H Olmstead

Plaintiff(s):

JEREMY MARTINEZ Represented ByMichael P Ring

Trustee(s):

Sandra McBeth (TR) Pro Se

of 478/25/2020 8:47:15 AM

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