United States Bankruptcy Court Central District of...

United States Bankruptcy CourtCentral District of California

Judge Mark Wallace, PresidingCourtroom 225 Calendar

Riverside

Tuesday, June 30, 2020 225 Hearing Room

9:00 AMRuben Valdivia6:18-13918 Chapter 7

#1.00Wright, Finlay & Zak, LLP - movant attorney

Motion for Relief from Stay

Reverse Mortgage Solutions, Inc. vs. DEBTOR(Motion filed 5/19/20)

Re: 474 S. Eastern Ave., Los Angeles, CA 90022

62Docket

The Courthouse has been closed to the public by order of the Chief Judge of the United States District Court for the Central District of California. Therefore, in-person appearances at hearings are expressly prohibited, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire of the Chapter 7 Trustee why Reverse Mortgage Solutions, Inc. was not paid in full out of escrow.

Tentative Ruling:

Party Information

Debtor(s):

Ruben Valdivia Pro Se

Trustee(s):

Larry D Simons (TR) Represented By

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9:00 AMRuben ValdiviaCONT... Chapter 7

Frank X Ruggier

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Riverside


9:00 AMRicky Viana Villegas and Jennifer Argame Villegas6:19-18887 Chapter 7

#2.00Bonial & Associates, P.C. - movant attorney


The Money Source Inc. vs. DEBTORS(Motion filed 5/26/20)

Re: 27707 High Gate Ct, Menifee, California 82584

29Docket



The Court will deny the Motion without prejudice. Movant is adequately protected and the Debtors have equity in the subject property.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Tentative Ruling:

Party Information

Debtor(s):

Ricky Viana Villegas Represented ByEdgardo M Lopez

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9:00 AMRicky Viana Villegas and Jennifer Argame VillegasCONT... Chapter 7

Joint Debtor(s):

Jennifer Argame Villegas Represented ByEdgardo M Lopez

Trustee(s):

Larry D Simons (TR) Pro Se

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9:00 AMDeangelo Amir Patterson6:20-12054 Chapter 7

#3.00Marjorie Johnson - movant attorney

Motion for Relief from stay

Exeter Finance, LLC vs. DEBTOR(Motion filed 5/28/20)

Re: 2015 Kia Optima LX Sedan 4D

11Docket


APPEARANCES NOT REQUIRED.

The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2) to permit movant, its successors, transferees and assigns, to enforce its remedies to repossess or otherwise obtain possession and dispose of its collateral pursuant to applicable law, and to use the proceeds from its disposition to satisfy its claim, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.

The 14-day stay provided by Rule 4001(a)(3) is waived.

Tentative Ruling:

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9:00 AMDeangelo Amir PattersonCONT... Chapter 7

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

Deangelo Amir Patterson Represented ByWilliam Radcliffe

Trustee(s):

Arturo Cisneros (TR) Pro Se

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9:00 AMJose L. Guerrero and Loyda S. Paiz-Guerrero6:20-12529 Chapter 7

#4.00Law Office of Mark W. Good - movant attorney


Opportunity Fund Community Development vs. DEBTORS(Motion filed 5/29/20)

RE: : 2008 Volvo Truck

15Docket





Tentative Ruling:

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9:00 AMJose L. Guerrero and Loyda S. Paiz-GuerreroCONT... Chapter 7

The request for extraordinary relief is denied.


Party Information

Debtor(s):

Jose L. Guerrero Represented ByLazaro E Fernandez

Joint Debtor(s):

Loyda S. Paiz-Guerrero Represented ByLazaro E Fernandez

Trustee(s):

Howard B Grobstein (TR) Pro Se

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9:00 AMDavid Matthew Wilkins6:20-13217 Chapter 7

#5.00Cooksey, Toolen, Gage, Duffy & Woog - movant attorney


TD Auto Finance vs. DEBTOR(Motion filed 5/11/20)

Re: 2017 RAM RAM 1500, VIN 1C6RR6GTXHS651286

9Docket





Tentative Ruling:

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9:00 AMDavid Matthew WilkinsCONT... Chapter 7


Party Information

Debtor(s):

David Matthew Wilkins Represented ByAaron Lloyd

Trustee(s):


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9:00 AMMaria Luisa Angelina and Emiliano Angelina Casales6:20-13384 Chapter 7



TD Auto Finance LLC vs. DEBTORS, Arturo Cisneros, trustee(Motion filed 5/21/20)

Re: 2018 Mitsubishi Outlander, VIN: JA4AP3AU5JU007856

9Docket





Tentative Ruling:

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9:00 AMMaria Luisa Angelina and Emiliano Angelina CasalesCONT... Chapter 7


Party Information

Debtor(s):

Maria Luisa Angelina Represented ByLauren M Foley

Joint Debtor(s):

Emiliano Angelina Casales Represented ByLauren M Foley

Trustee(s):


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9:00 AMJoshua J. Smart and Nicole E. Smart6:20-13452 Chapter 7



Ford Motor Credit Company LLC vs. DEBTORS, Larry S. Simons, trustee(Motion filed 6/1/20)

Re: 2015 Ford Flex, VIN: 2FMGK5C89FBA02503

9Docket





Tentative Ruling:

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9:00 AMJoshua J. Smart and Nicole E. SmartCONT... Chapter 7


Party Information

Debtor(s):

Joshua J. Smart Represented ByKeith Q Nguyen

Joint Debtor(s):

Nicole E. Smart Represented ByKeith Q Nguyen

Trustee(s):

Larry D Simons (TR) Pro Se

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9:00 AMMaribel Rosales Valencia6:20-13489 Chapter 7

#8.00Cooksey, Toolen, Gage, Duffy and Woog - movant attorney


Americredit Financial Services, Inc vs. DEBTOR; Lyndia Bui, trustee(Motion filed 6/5/20)

RE: 2018 GMC Yukon, VIN: 1GKS1BKC3JR294326

9Docket





Tentative Ruling:

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9:00 AMMaribel Rosales ValenciaCONT... Chapter 7


Party Information

Debtor(s):

Maribel Rosales Valencia Represented ByKevin Tang

Movant(s):

AmeriCredit Financial Services, Inc. Represented BySheryl K Ith

Trustee(s):

Lynda T. Bui (TR) Pro Se

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9:00 AMMartin Antonio Acevedo Padilla6:20-13537 Chapter 7

#9.00Law Offices of Vincent V. Frounjian, P.C. - movant attorney


American Honda Finance Corporation vs. DEBTOR, Howard B. Grobstein, chapter 7 trustee(Motion filed 6/2/20)

Re: 2018 Honda Accord, VIN: 1HGC V1F3 0JA0 58029 .

11Docket





Tentative Ruling:

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9:00 AMMartin Antonio Acevedo PadillaCONT... Chapter 7


Party Information

Debtor(s):

Martin Antonio Acevedo Padilla Represented ByRabin J Pournazarian

Trustee(s):


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2:00 PMAVT, Inc.6:15-14464 Chapter 7

#1.00Hrg. on Trustee's Final Report and Applications for Compensation

(Cont. from 4/14/20)

673Docket



In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).

The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.

The compensation is approved as to the Trustee, with fees in the amount of $625.10

Tentative Ruling:

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2:00 PMAVT, Inc.CONT... Chapter 7

and expenses in the amount of $273.16.

The compensation is approved as to UST, with fees in the amount of $6,825.00 and expenses in the amount of $0.00.

The compensation is approved as to FTB with fees in the amount of $3,808.98 and expenses in the amount of $0.00.

The compensation is approved as to Brown Rudnick with fees in the amount of $20,504.92 and expenses in the amount of $477.50.

The compensation is approved as to Hahn Fife and Co. with fees in the amount of $1,706.70 and expenses in the amount of $57.58.

The Court will inquire why the Trustee is proposing to pay some priority claims but not others.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

AVT, Inc. Pro Se

Trustee(s):

Charles W Daff (TR) Represented ByCathrine M CastaldiSamuel A Moniz

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2:00 PMJack A Reesor and Sabrina R Reesor6:16-18658 Chapter 7

#2.00Hrg. on approval of trustee's final report; applications for compensation

[Re: Lynda Bui, chapter 7 trustee][Fees; $6,877.91; Expenses; $774.91]

[Re: Roquemore, Pringle & Moore, Inc., attorney for chapter 7 trustee][Fees; $27,315.00; Expenses; $414.88]

[Re: Hahn & Fife; accountant for trustee][Fees; $2,948.00; Expenses; $401.20]

0Docket



In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such

Tentative Ruling:

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2:00 PMJack A Reesor and Sabrina R ReesorCONT... Chapter 7

moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).


The compensation is approved as to the Trustee, with fees in the amount of $5,997.91 and expenses in the amount of $774.91.

The compensation is approved as to Roquemore, Pringle, and Moore with fees in the amount of $23,000.00 and expenses in the amount of $414.88.

The compensation is approved as to Hahn Fife & Co. with fees in the amount of $2,948.00 and expenses in the amount of $401.20.

Bond payments are approved in the amount of $0.63.


Party Information

Debtor(s):

Jack A Reesor Represented ByJoseph M Hoats

Joint Debtor(s):

Sabrina R Reesor Represented ByJoseph M Hoats

Trustee(s):

Lynda T. Bui (TR) Represented ByToan B Chung

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2:00 PMScott Shih Lee6:18-18731 Chapter 7

Whitmore v. 3XM Development, LLC, a Nevada Limited Liability CAdv#: 6:19-01099

#3.00Hrg. on Plaintiff's Motion filed 5/18/20 for Summary Judgment, or in the Alternative, Partial Summary Judgment as to Liability

(Hearing date and time okay'd by Chambers)

11Docket



The Court will deny the Motion as untimely and send this Adversary Proceeding into mediation. The Parties shall file a mediation stipulation and lodge an order thereon on or prior to August 31, 2020.

COURT TO PREPARE ORDER.

Tentative Ruling:

Party Information

Debtor(s):

Scott Shih Lee Represented ByRonald D Halpern

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2:00 PMScott Shih LeeCONT... Chapter 7

Defendant(s):3XM Development, LLC, a Nevada Represented By

J Robert Mullen

Lance Richard Hall Represented ByJ Robert Mullen

Plaintiff(s):

Robert S. Whitmore Represented ByTinho Mang

Trustee(s):

Robert Whitmore (TR) Represented ByD Edward HaysTinho MangRonald D HalpernChad V Haes

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2:00 PMJason Mark Hemphill6:19-15945 Chapter 7

#4.00Hrg. on trustee's final report; applications for compensation

[Re: Karl T. Anderson, chapter 7 trustee; Fees: $527.88; expenses $76.84]

0Docket



In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).


The compensation is approved as to the Trustee, with fees in the amount of $527.88 and expenses in the amount of $76.84.

Tentative Ruling:

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2:00 PMJason Mark HemphillCONT... Chapter 7

Bond payments are approved in the amount of $2.18.


Party Information

Debtor(s):

Jason Mark Hemphill Represented ByMorton J Grabel

Trustee(s):

Karl T Anderson (TR) Pro Se

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2:00 PMDDI Distribution of California LLC6:19-16545 Chapter 7

Diamond Peo LLC v. Larios et alAdv#: 6:19-01151

#5.00Hrg. on Order to Show Cause why this adversary proceeding should not be dismissed for Plaintiff's failure to comply with the Court's orders

(Cont. from 5/7/20)

1Docket



No tentative ruling.

Tentative Ruling:

Party Information

Debtor(s):

DDI Distribution of California LLC Represented ByMark E Brenner

Defendant(s):

Peter Larios Pro Se

Jose Castellanos Pro Se

Automatiq Pro Se

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2:00 PMDDI Distribution of California LLCCONT... Chapter 7

Plaintiff(s):

Diamond Peo LLC Represented ByCharles K Manock

Trustee(s):

Lynda T. Bui (TR) Represented ByBrandon J Iskander

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2:00 PMDDI Distribution of California LLC6:19-16545 Chapter 7

Diamond Peo LLC v. Larios et alAdv#: 6:19-01151

#6.00STATUS CONFERENCE RE: Complaint to avoid and recover transfers pursuant to 11 U.S.C. §§523 and 550

(Cont. from 5/7/20)

1Docket



The Court will set a second OSC on why this Adversary Proceeding should not be dismissed for fuilure to prosecute and for the reasons stated in the Defendant's Opposition for September 8, 2020 at 2:00 p.m.

Plaintiff's brief is due July 17, 2020. Defendant's brief is due August 7, 2020. Plaintiff's reply is due August 14, 2020.

COURT TO PREPARE ORDER.

Tentative Ruling:

Party Information

Debtor(s):

DDI Distribution of California LLC Represented By

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2:00 PMDDI Distribution of California LLCCONT... Chapter 7

Mark E Brenner

Defendant(s):

Peter Larios Pro Se

Jose Castellanos Pro Se

Automatiq Pro Se

Plaintiff(s):

Diamond Peo LLC Represented ByCharles K Manock

Trustee(s):

Lynda T. Bui (TR) Pro Se

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2:00 PMKaye Joann Potts6:20-12025 Chapter 7

#7.00Hrg. on Debtor's Motion filed 5/20/20 for Redemption under 11 U.S.C. 722

9Docket



The Court will grant the Motion and set the redemption price at $1,750.00.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Tentative Ruling:

Party Information

Debtor(s):

Kaye Joann Potts Represented ByEthan Kiwhan Chin

Trustee(s):

Charles W Daff (TR) Pro Se

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2:00 PMTheresa Kaye Williams6:20-13380 Chapter 7

#8.00Hrg. on Debtor's Motion filed 6/5/20 for Redemption under 11 U.S.C. 722

re: 2015 Toyota Prius

8Docket



The Court will deny the Motion on the ground that the debtor has failed to make a sufficient showing that a Kelly Blue Book Private Party is "the price a retail merchant would charge" for the 2015 Prius.

SECURED CREDITOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Tentative Ruling:

Party Information

Debtor(s):

Theresa Kaye Williams Represented BySteven A Alpert

Movant(s):

Theresa Kaye Williams Represented By

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2:00 PMTheresa Kaye WilliamsCONT... Chapter 7

Steven A Alpert

Trustee(s):


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