Post on 23-Apr-2020
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
8:30 AMFreda Renee Stevenson2:16-14427 Chapter 13
#1.10 Hrg re debtor's motion to avoid juniorlien on principal residence
creditor: Trinity Financial Services, LLC
79Docket
3/12/20Appearances required.
Tentative Ruling:
Party Information
Debtor(s):
Freda Renee Stevenson Represented ByMatthew D. Resnik
Movant(s):
Freda Renee Stevenson Represented ByMatthew D. ResnikMatthew D. Resnik
Trustee(s):
Kathy A Dockery (TR) Pro Se
Page 1 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
8:30 AMTerry Vega Jimenez2:19-23544 Chapter 13
#2.10 Hrg re debtor's motion to avoid juniorlien on principal residence
creditor: Deustche Bank National Trust Co.
fr. 1-16-20
12Docket
3/12/20Appearances required.
1/16/20Deustche Bank National Trust Company (DBNTC) filed an opposition to the motion challenging the valuation of the subject property offered by the debtor and requesting an opportunity to obtain its own appraisal. DBNTC shall be permitted to submit an appraisal in support of its opposition. Any such appraisal must be filed and served (including a judge's copy) no later than 2/13/20. Any response by the debtor must be filed and served (including a judge's copy) no later than 2/27/20. The hearing on the debtor's motion is continued to 3/12/20 at 8:30 a.m. Appearances waived.
Tentative Ruling:
Party Information
Debtor(s):
Terry Vega Jimenez Represented ByRaymond Perez
Trustee(s):
Kathy A Dockery (TR) Pro Se
Page 2 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
8:30 AMDoris Louise Rivers Speed2:20-12040 Chapter 13
#2.11 Hrg re ex parte motion in individual casefor order imposing a stay or continuing the automatic stay
11Docket
3/12/20Appearances required.
Tentative Ruling:
Party Information
Debtor(s):
Doris Louise Rivers Speed Represented ByLaleh Ensafi
Movant(s):
Doris Louise Rivers Speed Represented ByLaleh Ensafi
Trustee(s):
Kathy A Dockery (TR) Pro Se
Page 3 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
9:00 AMBobak Homami and Christina Jessica Homami2:16-14055 Chapter 13
#3.10 Hrg re motion to modify plan orsuspend plan payments
fr. 1-16-20
45Docket
3/12/20Appearances required.
1/16/20Appearances required.
Tentative Ruling:
Party Information
Debtor(s):
Bobak Homami Represented ByDonna R Dishbak
Joint Debtor(s):
Christina Jessica Homami Represented ByDonna R Dishbak
Movant(s):
Kathy A Dockery (TR) Pro Se
Trustee(s):
Kathy A Dockery (TR) Pro Se
Page 4 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
9:00 AMVictor Noel Giron2:19-11053 Chapter 13
#4.10 Hrg re motion to modify plan orsuspend plan payments
37Docket
3/12/20Appearances required.
Tentative Ruling:
Party Information
Debtor(s):
Victor Noel Giron Represented ByDavid H Chung
Movant(s):
Victor Noel Giron Represented ByDavid H ChungDavid H Chung
Trustee(s):
Kathy A Dockery (TR) Pro Se
Page 5 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
9:00 AMJames Walker, Jr2:15-28319 Chapter 13
#5.10 Hrg re objection to entry of discharge
91Docket
3/12/20Appearances required.
Tentative Ruling:
Party Information
Debtor(s):
James Walker Jr Represented ByMatthew D. Resnik
Trustee(s):
Kathy A Dockery (TR) Pro Se
Page 6 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
9:00 AMMichelle Denise Sampay2:19-20691 Chapter 13
#6.10 Hrg re motion for authority to VOL. DISM. OF MTN. FILED 3/10/20
sell real property
41Docket
3/12/20Debtor filed a notice of voluntary dismissal of the motion on 3/10/20. Appearances waived.
Tentative Ruling:
Party Information
Debtor(s):
Michelle Denise Sampay Represented ByStephen S SmythAndrew Edward Smyth
Movant(s):
Michelle Denise Sampay Represented ByStephen S SmythAndrew Edward Smyth
Trustee(s):
Kathy A Dockery (TR) Pro Se
Page 7 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
9:00 AMEduardo Enrique Vallejo2:19-21271 Chapter 13
#6.11 Hrg re debtor's motion to continue oral hearing to oppose withdrawal of general bankruptcy counsel to a later date
36Docket
3/12/20Appearances required.
Tentative Ruling:
Party Information
Debtor(s):
Eduardo Enrique Vallejo Represented ByMatthew D. Resnik
Movant(s):
Eduardo Enrique Vallejo Represented ByMatthew D. ResnikMatthew D. Resnik
Trustee(s):
Kathy A Dockery (TR) Pro Se
Page 8 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
9:00 AMEduardo Enrique Vallejo2:19-21271 Chapter 13
#7.10 Hrg re motion by Resnik Hayes Moradi, LLPto withdraw as general bankruptcy counsel to the debtor
32Docket
3/12/20Appearances required.
Tentative Ruling:
Party Information
Debtor(s):
Eduardo Enrique Vallejo Represented ByMatthew D. Resnik
Movant(s):
Eduardo Enrique Vallejo Represented ByMatthew D. ResnikMatthew D. Resnik
Trustee(s):
Kathy A Dockery (TR) Pro Se
Page 9 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
9:00 AMCharles Pickard and Vanquita Pickard2:19-23041 Chapter 13
#8.10 Hrg re motion to value and striplien on non-residential real property
34Docket
3/12/20Debtors filed a motion seeking to: (1) determine the secured valueof real property located at 1008 Hastings Avenue, Rosamond, CA 93560 (Property), which is not their primary residence; and (2) bifurcate the claim of junior lienholder Deutsche Bank National Trust Co. (DBNT) into secured and unsecured claims for the purpose of confirmation. Senior lienholder PHH Mortgage Corporation filed a proof of claim on 1/20/20, reflecting that debtors owe a balance of $233,826.65 related to the Property. DBNT filed a proof of claim on 11/29/19, reflecting that debtors owe a balance of $69,289.87 related to the Property.
Debtors' motion is granted. Based on the evidence presented, the Court finds the value of the Property is $245,000. Therefore, taking into account the balance owing on PHH's claim, DBNT’s claim is bifurcated into a secured claim in the amount of $11,173.55 and an unsecured claim in the amount of $58,116.52. The unsecured portion of DBNT’s claim is to be paid through the plan pro rata with all other unsecured claims. DBNT will retains its original lien against the Property to the extent recognized by applicable nonbankruptcy law unless and until the debtors fully perform under the chapter 13 plan or the debtors receive a discharge pursuant to 11 U.S.C. §1328. Upon the completion of all payments under the chapter 13 plan or upon entry of a discharge pursuant to 11 U.S.C. §1328 in this case, the unsecured portion of DBNT’s lien against the Property will be void and will not constitute an encumbrance on the Property. See In re Blendheim, 803 F.3d 477 (9th Cir. BAP 2015).
Pursuant to LBR 9021-1(b)(1)(B), movant must serve and lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Tentative Ruling:
Page 10 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
9:00 AMCharles Pickard and Vanquita PickardCONT... Chapter 13
Party Information
Debtor(s):
Charles Pickard Represented ByLevi Reuben Uku
Joint Debtor(s):
Vanquita Pickard Represented ByLevi Reuben Uku
Movant(s):
Charles Pickard Represented ByLevi Reuben Uku
Vanquita Pickard Represented ByLevi Reuben Uku
Trustee(s):
Kathy A Dockery (TR) Pro Se
Page 11 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
9:00 AMLarry Bernard Hernandez, Jr. and Ana Maria Hernandez2:19-23507 Chapter 13
#9.10 Hrg re motion for order to reassignchapter 13 case to a judge participatingin this district's LMM Program
39Docket
3/12/20Debtor's unopposed "Motion for Order to Reassign Chapter 13 Case to a Judge Participating in this District's LMM Program" is GRANTED. Pursuant to LBR 9021-1(b)(1)(B), movant must serve and lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
Tentative Ruling:
Party Information
Debtor(s):
Larry Bernard Hernandez Jr. Represented ByDonald E Iwuchuku
Joint Debtor(s):
Ana Maria Hernandez Represented ByDonald E Iwuchuku
Movant(s):
Larry Bernard Hernandez Jr. Represented ByDonald E IwuchukuDonald E IwuchukuDonald E Iwuchuku
Ana Maria Hernandez Represented ByDonald E Iwuchuku
Trustee(s):
Kathy A Dockery (TR) Pro Se
Page 12 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
9:00 AMShanae Young2:15-28009 Chapter 13
#10.10 Hrg re objection to claim of Ocwen ORD. ENT 2/18/20 CNT'NGLoan Servicing (claim #7) and motion HRG. to 4/16/20 @ 9:00 AMfor order disallowing claim
fr. 12-12-19, 1-16-20, 2-20,
129Docket
3/12/20The hearing on this matter has been continued to 4/16/20 at 9:00 a.m. per stipulation of the parties and order of the Court entered 2/18/20. Appearances waived
2/20/20The hearing on this matter has been continued to 3/12/20 at 9:00 a.m. per order of the Court entered 1/31/20. Appearances waived.
1/16/20The hearing on this matter has been continued to 2/20/20 at 9:00 a.m. per order of the Court entered 1/3/20. Appearances waived.
12/12/19The hearing on this matter has been continued to 1/16/20 at 9:00 a.m. per stipulation of the parties filed 11/27/19 and order of the Court entered 12/2/19. Appearances waived.
Tentative Ruling:
Party Information
Debtor(s):
Shanae Young Represented ByAmanda G BillyardAndy C Warshaw
Movant(s):
Shanae Young Represented ByPage 13 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
9:00 AMShanae YoungCONT... Chapter 13
Amanda G BillyardAndy C Warshaw
Trustee(s):
Kathy A Dockery (TR) Pro Se
Page 14 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
9:00 AMFidel Antonio Henriquez2:19-12475 Chapter 13
#11.10 Hrg re motion to disallow amended claim #5 filed by claimant Ditech Financial LLC
37Docket
3/12/20This objection to proof of claim number 15-2 filed by Ditech Financial LLChas been set for hearing on at least 30 days notice to the claimant as required by FRBP 3007 and LBR 3007-1. The failure of the claimant to file a written response at least 14 days before the hearing as required by LBR 3007-1(b)(6) is considered consent to the sustaining of the objection. SeeLBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). In the absence of any filed response by claimant and for good cause, debtor's motion is GRANTED.
Pursuant to LBR 9021-1(b)(1)(B), movant must serve and lodge a proposed order via LOU within 7 days of the hearing. Appearances waived.
If any party wishes to appear on 3/12/20 regardless of the Court's tentative ruling, that party must notify counsel for the opposing party of said intent and be prepared to offer testimony in court regarding the efforts taken to notify counsel for the opposing party of the intended appearance.
Tentative Ruling:
Party Information
Debtor(s):
Fidel Antonio Henriquez Represented ByErika Luna
Movant(s):
Fidel Antonio Henriquez Represented ByErika Luna
Trustee(s):
Kathy A Dockery (TR) Pro SePage 15 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
9:00 AMFidel Antonio HenriquezCONT... Chapter 13
Page 16 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
9:00 AMKareem Eldin Samir Farag2:19-20783 Chapter 13
#12.10 Hrg re objection to claim no. 3 filedby claimant Elizabeth Valdez and Armando Pacheco
fr. 1-16-20
23Docket
1/16/20Appearances required.
Tentative Ruling:
Party Information
Debtor(s):
Kareem Eldin Samir Farag Represented ByMichael F Chekian
Trustee(s):
Kathy A Dockery (TR) Pro Se
Page 17 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
9:00 AMVetia Denise Mitchell2:18-15525 Chapter 13
#13.10 Hrg re motion to modify plan orsuspend plan payments
29Docket
3/12/20Appearances required.
Tentative Ruling:
Party Information
Debtor(s):
Vetia Denise Mitchell Represented ByBarry E Borowitz
Movant(s):
Vetia Denise Mitchell Represented ByBarry E Borowitz
Trustee(s):
Kathy A Dockery (TR) Pro Se
Page 18 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
9:00 AMBarbara Savage2:20-10088 Chapter 13
#14.10 Hrg re debtor's ex parte motion to convert case
17Docket
3/12/20Appearances required.
Tentative Ruling:
Party Information
Debtor(s):
Barbara Savage Represented ByBert Briones
Movant(s):
Barbara Savage Represented ByBert Briones
Trustee(s):
Kathy A Dockery (TR) Pro Se
Page 19 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
10:00 AM2:00-00000 Chapter
#0.00 PLEASE BE ADVISED THAT THE CHAPTER 13 10:00 A.M. CONFIRMANTION CALENDAR CAN BE VIEWED ON THE COURTS WEBSITE (www.cacb.uscourts.gov) UNDER: CALENDAR INFORMATION >SELF CALENDARING> KLEIN, S (LA) > DATES > HONORABLE SANDRA R. KLEIN > CHAPTER 13>CHAPTER 13 CALENDAR
0Docket
- NONE LISTED -
Tentative Ruling:
Page 20 of 213/11/2020 1:04:06 PM
United States Bankruptcy CourtCentral District of California
Judge Sandra Klein, PresidingCourtroom 1575 Calendar
Los Angeles
Thursday, March 12, 2020 1575 Hearing Room
10:30 AM2:00-00000 Chapter 0
#0.00 PLEASE BE ADVISED THAT THE CHAPTER 13 10:30 A.M. TRUSTEE'S MOTION TO DISMISS CALENDAR CAN BE VIEWED ON THE COURTS WEBSITE (www.cacb.uscourts.gov) UNDER: CALENDAR INFORMATION >SELF CALENDARING> KLEIN, S (LA) > DATES > HONORABLE SANDRA R. KLEIN > CHAPTER 13>MOTION HEARINGS CALENDAR
0Docket
- NONE LISTED -
Tentative Ruling:
Page 21 of 213/11/2020 1:04:06 PM