Bankruptcy Court for the Central District of California Court Cases
On August 11, 1980, Victory Construction Co., Inc., a California corporation (hereinafter "Victory") filed a petition under Chapter 11. The debtor's sole asset is a parcel of improved real property known as 8511 Beverly Place, Los Angeles, California (hereinafter called the "real property"). It is subject to the following liens of record:
Court: Bankruptcy Court for the Central District of California Docket: Bankruptcy No. LA-80-07936-RO, Adversary No. 80-2131-RO
In Re Kang Jin Hwang (2008)IndyMac Federal Bank ("IndyMac Federal") brings this motion, which the court grants, to reconsider its denial of relief from the § 362 automatic stay to foreclose on real property belonging to debtor Kang Jin Hwang in Las Vegas. The property is security for a promissory note that was sold to the Federal Home Loan Mortgage Corp. ("Freddie Mac"), which has not joined and is not a party to this motion. Freddie Mac, in turn, has most likely sold the note to unknown third parties for [...]
Court: Bankruptcy Court for the Central District of California Docket: LA08-15337SB
In Re Rolland (2004)Debtors, Tony Buddy Rolland and Pamela Diane Rolland amended Schedule C to increase their homestead exemption from $75,000 to $125,000 on the eve of a sale of their residence by the trustee. Steven M. Speier, Chapter 7 Trustee ("Speier") filed an objection to the Debtors' amendment asserting that the Debtors did not qualify for the increased homestead exemption. Speier further asserted that the amendment was filed in bad faith and is prejudicial to creditors. At the hearing, Steven M. Lawrence [...]
Court: Bankruptcy Court for the Central District of California Docket: RS 03-15510 PC
The application of Debtor's counsel for payment of attorney's fees came on for hearing before the undersigned United States Bankruptcy Judge on October 9, 1991; Applicant Bernstein appeared on her on behalf. While Chapter 7 Trustee Norman L. Hanover and United States Trustee attorney Timothy J. Farris, Esq. appeared at the hearing, neither objected to the application. No other party appeared or filed written objections to the fee request. The matter was taken under submission to allow the Court [...]
Court: Bankruptcy Court for the Central District of California Docket: Bankruptcy No. SB 90-04906 LR
In Re Rheuban (1990)On June 6th, 1990, I conducted a hearing (the "Trustee Hearing") on the motion of the official committee of unsecured creditors in this Chapter 11 case (the "Committee") for an order directing the United States Trustee to appoint a trustee to serve as the fiduciary of this bankruptcy estate in place of the then debtor in possession, Carl M. Rheuban ("Debtor"). After considering declarations, memoranda of points and authorities, testimony and extensive oral argument, I ordered the United States [...]
Court: Bankruptcy Court for the Central District of California Docket: Bankruptcy No. LA 90-10202-VZ
In Re Skyler Ridge (1987)
Secured creditor Travelers Insurance Company ("Travelers") brings this motion pursuant to Bankruptcy Rule 3012 for a determination of the amount of its first priority lien on the debtor's principal asset, a 448-unit apartment complex located in Overland Park, Kansas.
Court: Bankruptcy Court for the Central District of California Docket: Bankruptcy No. LA 87-13216-SB
The debtor, Concord Senior Housing Foundation ("Concord"), filed its voluntary petition under Chapter 11 on March 3, 1986. On July 31, 1986 Concord's bankruptcy case was converted to one under Chapter 7. Gilbert Robinson ("Trustee") was appointed trustee of Concord's estate.
Court: Bankruptcy Court for the Central District of California Docket: Bankruptcy No. LA 86-03643-VZ, Adv. No. LA 88-00376-VZ
In Re Crain (1999)Noel and Pamela Crain ("Plaintiffs" or "Debtors") are the plaintiffs and PSB Lending Corporation ("Defendant") is the defendant in this adversary proceeding. Plaintiffs brought this adversary proceeding against Defendant in order to void Defendant's lien on the Plaintiffs' principal residence ("Subject Property") pursuant to 11 U.S.C. § 506(d). Once upon a time, under the plain language of § 506(d), a lien could be voided to the extent it was unsecured. Despite the plain language of § [...]
Court: Bankruptcy Court for the Central District of California Docket: Bankruptcy No. LA 98-43981-VZ. Adversary No. LA 98-03791-VZ
F. Shaun Burns, Michael A. Shimokaji, Dale & Lloyd, La Jolla, Cal., Stephen F. Biegenzahn, Buchalter, Nemer, Fields, Chrystie & Younger, Los Angeles, Cal., for defendants/counterclaimants.
Court: Bankruptcy Court for the Central District of California Docket: Bankruptcy Nos. LA 82-17264-JA, LA 82-17252-JA, Adv. Nos. LA 83-0170-JA, LA 83-0381-JA
Rafik Youssef Kamell (2011)This case involves the perplexing question of whether the "absolute priority rule" survives the BAPCPA amendments to individual Chapter 11 proceedings. This question has divided bankruptcy courts across the country. The court appreciates the learned and eloquent opinions of some judges to the contrary. But this court finds that there is no good reason to conclude that Congress intended to abrogate this long-standing and important centerpiece of Chapter 11 jurisprudence based on the ambiguous [...]
Court: Bankruptcy Court for the Central District of California Docket: 8:10-bk-15501-TA
In Re Kinney (1985)Much has been written concerning a recent plague upon the bankruptcy community, the "new debtor syndrome." Much more is in print chronicling the epidemic of abusive multiple filings. This case principally involves one attorney, one family, one piece of real property, one transfer, but ten ad seriatim case filings. The uniqueness of this case is that a group of individuals (separate adult members of a family) have acted in such a way as to lose their individuality and constitute one debtor [...]
Court: Bankruptcy Court for the Central District of California Docket: Bankruptcy No. LAX 84-12185-GM
In Re Parkway Calabasas Ltd. (1988)
This adversary proceeding presents the issue of whether a fraudulent conveyance cause of action is rendered moot by the substantive consolidation of two bankruptcy cases, where the fraudulent conveyance arises from one debtor's pre-petition payment of a debt that was owed by the other.
Court: Bankruptcy Court for the Central District of California Docket: Bankruptcy Nos. CA 84-07435 SB, LA 84-07436 SB, LA 84-09002 SB to LA 84-09004 SB
In Re Dever (1994)The issue before this Court on cross-motions for summary judgment is whether consumer debtors can use Section 506 of the Bankruptcy Code to "strip down" tax liens on their house in a Chapter 11 case. The Internal Revenue Service (IRS) argues that the holding in Dewsnup v. Timm, 502 U.S. ___, 112 S.Ct. 773, 116 L.Ed.2d 903 (1992), should be extended to Chapter 11 cases to preclude "lien stripping" because Dewsnup held that Chapter 7 debtors cannot use Section 506 for that purpose. The Supreme [...]
Court: Bankruptcy Court for the Central District of California Docket: Bankruptcy No. LA-91-14114-LF. Adv. No. LA-92-03426-LF
In Re Powers (1991)On April 1, 1991, in the above-entitled matter, Movant Charles Kimes (hereinafter "Kimes" or "Movant") brought on for hearing before the undersigned United States Bankruptcy Judge a motion to dismiss Debtor's case under 11 U.S.C. § 1307(c), a motion for relief from stay pursuant to 11 U.S.C. § 362(d)(1), and for sanctions under Bankruptcy Rule 9011. Norman L. Hanover, Esq. appeared for Movant Kimes; William J. Simon, Esq. appeared for Debtor Patricia Jean Powers (hereinafter "Powers" or [...]
Court: Bankruptcy Court for the Central District of California Docket: Bankruptcy No. SBX 91-10177 LR
In Re Ciotta (1998)This court has jurisdiction over this case pursuant to 28 U.S.C. § 1334(a) (1998) (the district courts shall have original and exclusive jurisdiction of all cases under Title 11), 28 U.S.C. § 157(a) (1998) (authorizing the district courts to refer all Title 11 cases and proceedings to the bankruptcy judges for the Central District of California), and General Order No. 266, dated October 9, 1984 (referring all Title 11 cases and proceedings to the bankruptcy judges for the Central District of [...]
Court: Bankruptcy Court for the Central District of California Docket: Bankruptcy No. LA 98-17122-ER
This matter comes before the court on the motion of 37 Maxicare debtors for a preliminary injunction prohibiting a class of defendants from taking any acts to collect charges from Maxicare members or their employers for medical services rendered prior to the filing of the Maxicare bankruptcy petitions.
Court: Bankruptcy Court for the Central District of California Docket: Bankruptcy Nos. SA89-01549JW, SA89-01550JW to SA89-01594JW, Adv. No. SA89-0510JW
Debtor objected to a proof of claim (the "Claim") for $89,983.61, based on a promissory note (the "Note") given to the Inose Family Trust ("Inose"). At the April 29, 1991 hearing, I allowed attorney's fees to Inose under § 506(b) of the Bankruptcy Code (the "Code") in the amount of $30,001.12. I also granted debtor's motion for reconsideration and disallowed $10,000 of the principal amount of the Claim of $56,244.41, which I had previously allowed. Debtor now moves for reconsideration of the [...]
Court: Bankruptcy Court for the Central District of California Docket: Bankruptcy No. SA 90-01069 JR
In Re Wilkins (2007)This cause comes before the court after hearing on the United States Trustee's Motion to Dismiss Case Pursuant to 11 U.S.C. § 707(b)(2). It turns on the question whether the debtor may include in her "means test" calculation payments due on her secured property obligations, notwithstanding the fact that she intends to surrender the property subject to the security interest and will not be making payments on the secured debt postpetition. After analysis of the statutory language as applied to [...]
Court: Bankruptcy Court for the Central District of California Docket: RS 07-11180 MJ
In Re Morales (2008)This case requires the Court to determine the appropriate method for calculating the replacement value of a vehicle under the retail value standard of the second sentence of 11 U.S.C. § 506(a)(2). For the reasons discussed infra in Part III, the Court concludes that, absent unusual circumstances, the retail value for vehicles under § 506(a)(2) should be calculated by adjusting either the Kelley Blue Book retail value or the National Automobile Dealers Association ("N.A.D.A.") Guide retail [...]
Court: Bankruptcy Court for the Central District of California Docket: 2:08-bk-11017 ER
In Re Watson (1987)
This adversary proceeding raises the issue of whether the enforcement of a non-dischargeability judgment by levying on the debtors' bank account violates the automatic stay in a case under Chapter 7 of the Bankruptcy Code, where the creditor has not sought relief from stay and the automatic stay is still in force.
Court: Bankruptcy Court for the Central District of California Docket: Bankruptcy No. LAX 83-19815-SB, Adv. No. LA 86-2816-SB