CIAO Hearing Reportecf-ciao.cacb.uscourts.gov/Posted/WB_061020.pdf · Heather J Canning Barry E Borowitz Trustee(s): Nancy K Curry (TR) Pro Se 6/9/2020 4:39:48 PM Page 13 of 39. United

United States Bankruptcy CourtCentral District of California

Judge Julia Brand, PresidingCourtroom 1375 Calendar

Los Angeles

Wednesday, June 10, 2020 1375 Hearing Room

10:00 AM2:07-00000 Chapter

#0.00 PLEASE BE ADVISED THAT THE CHAPTER 13 CONFIRMATION CALENDAR CAN BE VIEWED ON THE COURT'S WEBSITE UNDER: JUDGES> BRAND, J> CHAPTER 13>CONFIRMATION HEARING CALENDAR

0Docket

- NONE LISTED -

Tentative Ruling:

Page 1 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMEthel Vergara Hul and Nicholas Sophinn Hul2:13-34713 Chapter 13

#1.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision

fr 10-2-19; 12-4-19, 2-5-20; 4-8-20

77Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Ethel Vergara Hul Represented ByChristian N. Cooper

Joint Debtor(s):

Nicholas Sophinn Hul Represented ByChristian N. Cooper

Trustee(s):

Nancy K Curry (TR) Pro Se

Page 2 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMDimas Israel Galindo Garcia and Lily Senaida Galindo2:15-20974 Chapter 13


fr 11-13-19; 1-22-2020; 4-8-20

64Docket *** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 6/4/20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Dimas Israel Galindo Garcia Represented ByTodd L Turoci

Joint Debtor(s):

Lily Senaida Galindo Represented ByTodd L Turoci

Trustee(s):


Page 3 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMRobert Marron2:15-24378 Chapter 13

#3.00 Trustee's Motion to Dismiss Case Because of Delinquent Plan Payments

fr 4-8-20

Julie Villalobos to appear by telephone

40Docket

Telephonic Hearing

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Robert Marron Represented ByJulie J Villalobos

Trustee(s):


Page 4 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMArnold Lydell Youngblood and Sylvia Stacey Gonzales2:16-24612 Chapter 13

#4.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/Delinquent Plan Payments

fr 4-8-20

Dana C Bruace to appear by telephone

117Docket

Telephonic Hearing

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Arnold Lydell Youngblood Represented ByDana C BruceCrystal Johnson

Joint Debtor(s):

Sylvia Stacey Gonzales Represented ByDana C Bruce

Trustee(s):


Page 5 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMNorberto Diaz, Jr.2:16-24621 Chapter 13


fr. 2-5-20; 4-8-20

Axel H Richter to appear by telephone

63Docket

Telephonic Hearing

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Norberto Diaz Jr. Represented ByAxel H Richter

Trustee(s):


Page 6 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMRamel Briggs2:17-10874 Chapter 13


fr 4-8-20

33Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Ramel Briggs Represented ByMadhu Kalra

Trustee(s):


Page 7 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMAmmie Lubag2:17-13818 Chapter 13


fr 12-4-19, 2-5-20; 4-8-20

Mariano A. Alvarez to appear by telephone

56Docket

Telephonic Hearing

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Ammie Lubag Represented ByMariano A Alvarez

Trustee(s):


Page 8 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMArthur del Castillo Cantos and Amy Cabrera Cantos2:17-21660 Chapter 13

#8.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision (Tax Returns/Tax Refunds)

fr 4-8-20

38Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Arthur del Castillo Cantos Represented ByCynthia Grande

Joint Debtor(s):

Amy Cabrera Cantos Represented ByCynthia Grande

Trustee(s):


Page 9 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMFrank Bonney2:17-21690 Chapter 13

#9.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision (Post Petition Tax Liability Incurred)

fr 4-8-20

49Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Frank Bonney Represented ByNicholas M Wajda

Trustee(s):


Page 10 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMBarry Daniel Switzer2:18-11089 Chapter 13


fr 4-8-20

Paul Lee to appear by telephone

42Docket

Telephonic Hearing

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Barry Daniel Switzer Represented ByPaul Y Lee

Trustee(s):


Page 11 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMCharles Hansford, Jr. and Denise Hansford2:18-11913 Chapter 13


fr 4-8-20

51Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Charles Hansford Jr. Represented ByErika Luna

Joint Debtor(s):

Denise Hansford Represented ByErika Luna

Trustee(s):


Page 12 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMJerome Reynolds2:18-12254 Chapter 13


fr 11-13-19; 1-22-2020; 3-4-20; 4-8-20

Nancy B Clark to appear by telephone

49Docket

Telephonic Hearing

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Jerome Reynolds Represented ByHeather J CanningBarry E Borowitz

Trustee(s):


Page 13 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMDarren Searle2:18-13598 Chapter 13

#13.00 Trustee's Motion to Dismiss Case Due toa Material Default of a Plan Provision/Delinquent

Plan Payments

fr 4-8-20

58Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Darren Searle Represented ByWilliam G Cort

Trustee(s):


Page 14 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMShahram Sharifi2:18-14328 Chapter 13

#14.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/DelinquentPlan Payments

fr. 2-5-20; 4-8-20

64Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Shahram Sharifi Represented ByWilliam J SmythStephen S Smyth

Trustee(s):


Page 15 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMRichard Tod Strausman2:19-12410 Chapter 13


fr 4-29-20

65Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Richard Tod Strausman Represented ByBrad Weil

Trustee(s):


Page 16 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMRoberto Garcia and Lilia Arechiga2:19-22272 Chapter 13


fr. 4-8-20

39Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Roberto Garcia Represented ByJaime A Cuevas Jr.

Joint Debtor(s):

Lilia Arechiga Represented ByJaime A Cuevas Jr.

Trustee(s):


Page 17 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMBlanca Valencia2:19-22543 Chapter 13

#17.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision'

fr 4-8-20

24Docket *** VACATED *** REASON: VOLUNTARY DISMISSAL OF MOTION FILED 5/4/20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Blanca Valencia Represented ByMadhu Kalra

Trustee(s):


Page 18 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMRoberto Lopez Gomez2:19-17447 Chapter 13


29Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Roberto Lopez Gomez Represented ByCynthia Grande

Trustee(s):


Page 19 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMLeona E. Williams2:17-24376 Chapter 13

#19.00 Motion to modify plan or suspend plan payments

fr 1-22-2020; 4-8-20

Thomas B Ure to appear by telephone

55Docket

Telephonic Hearing

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Leona E. Williams Represented ByThomas B Ure

Trustee(s):


Page 20 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMLeona E. Williams2:17-24376 Chapter 13

#20.00 Trustee's Motion to Dismiss Case Due to a Material Default of a Plan Provision/DelinquentPlan Payments

fr 4-24-19; 8-1-19; 10-2-19; 12-4-19, 2-5-20; 4-8-20

39Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Leona E. Williams Represented ByThomas B Ure

Trustee(s):


Page 21 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMTiffany Lee2:18-24016 Chapter 13

#21.00 Motion to modify plan or suspend plan payments

fr 4-8-20

Devin Sawdayi to appear by telephone

36Docket

Telephonic Hearing

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Tiffany Lee Represented ByDevin Sawdayi

Trustee(s):


Page 22 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMTiffany Lee2:18-24016 Chapter 13


fr 3-4-20; 5-13-14

34Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Tiffany Lee Represented ByDevin Sawdayi

Trustee(s):


Page 23 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMDebbie M Page2:17-18061 Chapter 13

#23.00 Motion to vacate dismissal

Daniel K. Fujimoto to appear by telephoneAli Nader to appear by telephone

75Docket

Telephonic Hearing

To mitigate the spread of the COVID-19 virus, all hearings before Judge Brand will be telephonic until further notice. Parties who do not have an attorney—pro se or self-represented litigants—do not have to pay for CourtCall. Simply contact CourtCall at (888) 882-6878.

Tentative Ruling:None.

Tentative Ruling:

Party Information

Debtor(s):

Debbie M Page Represented ByAli R Nader

Trustee(s):


Page 24 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMMaryEtta Christina Marks2:19-19071 Chapter 13

#24.00 Motion to Convert Case From Chapter 13 to 11

MaryEtta Christina Marks to appear by telephone

33Docket

Telephonic Hearing



Tentative Ruling:

Party Information

Debtor(s):

MaryEtta Christina Marks Pro Se

Trustee(s):


Page 25 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMKatherine Marie Akingbade2:16-10528 Chapter 13

#25.00 Motion to Disallow Claims #5 by U.S. Bank N.A.

92Docket


Tentative Ruling:No opposition was filed.

The debtors' objection to proof of claim ("Claim No. 5") filed with the court’s Claims Register by U.S. Bank N.A. is SUSTAINED in part. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, the debtors have established a prima facie case for granting the relief requested. Appearances waived.

On or about October 29, 2019, debtor signed a loan modification agreement ("Modification") which modified the original terms of the note (and Claim No. 5) on the debtor's principal residence such that the arrears, fees, escrow, and other costs are now recapitalized into the principal balance of the note. Accordingly, Claim No. 5 is only allowed pursuant to the terms of the Modification. The claimant may file an amended proof of claim.

Debtor to serve and lodge an appropriate order via the Court’s LOU system.

Tentative Ruling:

Party Information

Debtor(s):

Katherine Marie Akingbade Represented ByBrad Weil

Page 26 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMKatherine Marie AkingbadeCONT... Chapter 13

Trustee(s):


Page 27 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMIsrael Aguayo and Julie Aguayo2:19-16813 Chapter 13

#26.00 Motion RE: Objection to Claim Number 21 by Claimant Philadelphia Indemnity Insurance Co.

Rosa Martinez-Genzon to appear by telephone

51Docket

Telephonic Hearing



Tentative Ruling:

Party Information

Debtor(s):

Israel Aguayo Represented ByMichael D Kwasigroch

Joint Debtor(s):

Julie Aguayo Represented ByMichael D Kwasigroch

Trustee(s):


Page 28 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMCarlos A Gomez and Jennifer Leiva2:19-17514 Chapter 13

#27.00 Objection to Claim #2 by Claimant Toyota Motor Credit Company.

27Docket


Tentative Ruling:No opposition was filed.

The debtors' objection to proof of claim ("Claim No. 2") filed with the court’s Claims Register by Toyota Motor Credit Corporation is SUSTAINED. The failure of the creditor to file written opposition at least 14 days prior to the hearing as required by LBR 9013-1(h) is considered as consent to the sustaining of the objection. LBR 9013-1(h). Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, the debtor has established a prima facie case for granting the relief requested. Appearances waived.

The objection is sustained. The court disallows Claim No. 2 as the four-year statute of limitations has expired on the account under California Code of Civil Procedure 337. The objecting party shall submit an appropriate order granting the relief requested pursuant to this tentative ruling.

Tentative Ruling:

Party Information

Debtor(s):

Carlos A Gomez Represented ByChristopher J Langley

Joint Debtor(s):

Jennifer Leiva Represented ByChristopher J Langley

Page 29 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMCarlos A Gomez and Jennifer LeivaCONT... Chapter 13

Movant(s):

Carlos A Gomez Represented ByChristopher J Langley

Jennifer Leiva Represented ByChristopher J Langley

Trustee(s):


Page 30 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMTalia Del Carmen Rodriguez2:20-10698 Chapter 13

#28.00 Motion RE: Objection to Claim Number 7 by Claimant Jacquelne Stein

33Docket



Tentative Ruling:

Party Information

Debtor(s):

Talia Del Carmen Rodriguez Represented ByPatricia Rodriguez

Trustee(s):


Page 31 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMRodolfa Gutierrez Lopez2:20-11312 Chapter 13

#29.00 Motion RE: Objection to Claim Number 4 by Claimant Wilmington Savings Fund Society, FSB

Erin M McCartney to appear by telephoneEric Rasmussen to appear by telephone

35Docket

Telephonic Hearing



Tentative Ruling:

Party Information

Debtor(s):

Rodolfa Gutierrez Lopez Represented ByPatricia Rodriguez

Trustee(s):


Page 32 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMSonny G Del Carmen and Rhodora B Del Carmen2:19-25240 Chapter 13

#30.00 Motion to avoid junior lien on principal residencewith The Bank of New York Mellon

Jaime G Monteclaro to appear by telephoneAustin P Nagel to appear by telephone

24Docket

Telephonic Hearing



Tentative Ruling:

Party Information

Debtor(s):

Sonny G Del Carmen Represented ByJaime G Monteclaro

Joint Debtor(s):

Rhodora B Del Carmen Represented ByJaime G Monteclaro

Trustee(s):


Page 33 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMAnthony Eugene Walker2:20-10137 Chapter 13

#31.00 Motion to avoid junior lien on principal residencewith Equifirst Corporation

26Docket


Tentative Ruling:Debtor seeks to value debtor’s residence at a fair market value of

$435,000.00 as of January 10, 2020. The subject property is encumbered by a first deed of trust lien held by PHH Mortgage Corporation, securing a loan with a balance as of the petition date of approximately $452,725.25; a second deed of trust held by Equifirst Corporation, securing a loan with a balance as of the petition date of approximately $80,000.00; a third deed of trust held by Circulate, Inc, securing a loan with a balance as of the petition date of approximately $20,000.00; a fourth deed of trust held by Rashid Ali Tirmizi, securing a loan with a balance as of the petition date of approximately $52,084.00; and a fifth deed of trust held by the Internal Revenue Service, securing a loan with a balance as of the petition date of approximately $20,351.14. Debtor seeks to avoid the liens of Equifirst Corporation, Circulate, Inc., and Rashid Ali Tirmizi. Debtor does not seek to avoid the lien of the Internal Revenue Service.

The valuation motion is supported by evidence as to the value of the subject property. The content of the notice meets the due process requirement that it be "reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them the opportunity to present their objections." Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). No opposition was filed. Therefore, Equifirst Corporation’s, Circulate, Inc., and Rashid Ali Tirmizi claims secured by junior deeds of trust liens are completely under-collateralized.

Tentative Ruling:

Page 34 of 396/9/2020 4:39:48 PM



Los Angeles


1:30 PMAnthony Eugene WalkerCONT... Chapter 13

The debtor’s motion is GRANTED. The claim of the junior lienholder is to be treated as an unsecured claim and to be paid through the plan pro rata with all other unsecured claims. The beneficiary of the trust deed encumbered by the junior lien will retain its lien against the subject property to the extent recognized by applicable nonbankruptcy law unless and until the debtor fully performs under the chapter 13 plan or the debtor receives 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 junior lien arising from the deed of trust against the subject property will be void and will not constitute an encumbrance on the subject property.

Pursuant to LBR 9021-1(b)(1)(B), debtor must lodge a proposed order via LOU within 7 days of the hearing.

Party Information

Debtor(s):

Anthony Eugene Walker Represented ByWilliam G Cort

Trustee(s):


Page 35 of 396/9/2020 4:39:48 PM



Los Angeles



#32.00 Motion to avoid junior lien on principal residencewith Circulate Inc.

27Docket





Tentative Ruling:

Page 36 of 396/9/2020 4:39:48 PM



Los Angeles





Party Information

Debtor(s):


Trustee(s):


Page 37 of 396/9/2020 4:39:48 PM



Los Angeles



#33.00 Motion to avoid junior lien on principal residencewith Rashid Ali Tirmizi

28Docket





Tentative Ruling:

Page 38 of 396/9/2020 4:39:48 PM



Los Angeles





Party Information

Debtor(s):


Trustee(s):


Page 39 of 396/9/2020 4:39:48 PM

Documents

CIAO Hearing Reportecf-ciao.cacb.uscourts.gov/Posted/WB_061020.pdf · Heather J Canning Barry E Borowitz Trustee(s): Nancy K Curry (TR) Pro Se 6/9/2020 4:39:48 PM Page 13 of 39. United