You will not be permitted to be physically present in the

United States Bankruptcy CourtCentral District of California

Chief Judge Maureen Tighe, PresidingCourtroom 302 Calendar

San Fernando Valley

Tuesday, October 27, 2020 302 Hearing Room

8:00 AM1:00-00000 Chapter

#0.00 You will not be permitted to be physically present in the courtroom.

All appearances for today's 9:30 a.m. and 11 a.m. hearings will be by Court Call, dial 1-886-582-6878 or 1-888-882-6878

0Docket

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Page 1 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMPella Parker1:13-17737 Chapter 13

#34.00 Trustee's Motion to Dismiss Case for Failureto Submit All Tax Returns

fr. 8/20/19, 10/22/19, 12/17/19; 1/28/20; 3/31/20,7/21/20

115Docket *** VACATED *** REASON: Cont. to 12/15/20 @ 11am (eg)

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Pella Parker Represented BySteven A Alpert

Trustee(s):

Elizabeth (SV) F Rojas (TR) Pro Se

Page 2 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMGabriel Rufus and Shirley Rufus1:14-12566 Chapter 13

#35.00 Trustee's Motion to Dismiss Case Due to Expiration of Plan

fr. 2/25/20, 4/28/20; 8/25/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Gabriel Rufus Represented ByDevin Sawdayi

Joint Debtor(s):

Shirley Rufus Represented ByDevin Sawdayi

Trustee(s):


Page 3 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMTerry Byrd Pitt1:14-12567 Chapter 13

#36.00 Trustee's Motion to Dismiss Case for Failure to Submit All Tax Returns

fr. 8/20/19, 10/22/19, 12/17/19, 2/25/20, 4/28/20; 8/25/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Terry Byrd Pitt Represented ByDevin Sawdayi

Trustee(s):


Page 4 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMJose Luis Banuelos and Maria L. Tejada1:15-10398 Chapter 13

#37.00 Trustee's Motion to Dismiss Case for Failure to Submit All Tax Refunds

fr. 10/22/19, 12/17/19, 2/25/20; 3/31/20; 6/23/20; 8/25/20

63Docket

- NONE LISTED -

Matter Notes:

Tentative Ruling:

Party Information

Debtor(s):

Jose Luis Banuelos Represented ByLeonard Pena

Joint Debtor(s):

Maria L. Tejada Represented ByLeonard Pena

Trustee(s):


Page 5 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMRaul P Pavia1:15-12045 Chapter 13

#38.00 Trustee's Motion to Dismiss Case


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Raul P Pavia Represented ByEliza Ghanooni

Trustee(s):


Page 6 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMMilton A. Martinez1:15-12150 Chapter 13

#39.00 Trustee's Motion to Dismiss Case due to Expiration of the Plan

84Docket *** VACATED *** REASON: Ntc. of w/drawal filed 10/19/20 (eg)

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Milton A. Martinez Represented ByJames B Smith

Trustee(s):


Page 7 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMNeyra Camarena1:15-12365 Chapter 13

#40.00 Trustee's Motion to Dismiss Case .

103Docket *** VACATED *** REASON: Ntc. of w/drawal filed 9/29/20 [jj]

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Neyra Camarena Represented ByTodd J Roberts

Trustee(s):


Page 8 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMSeth Eric Simon1:15-12942 Chapter 13

#41.00 Motion to Dismiss Case for Failure to Make Plan Payments


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Seth Eric Simon Represented ByElena Steers

Trustee(s):


Page 9 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMBrian J. Comer and Jeanette Y. Comer1:15-13421 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Brian J. Comer Represented ByMichael Jay Berger

Joint Debtor(s):

Jeanette Y. Comer Represented ByMichael Jay Berger

Trustee(s):


Page 10 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMLarry Tyrone Lake and Irma Janet Lake1:16-10213 Chapter 13


50Docket *** VACATED *** REASON: Voluntary dismissal of motion filed 10/22/20 (eg)

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Larry Tyrone Lake Represented ByKevin T Simon

Joint Debtor(s):

Irma Janet Lake Represented ByKevin T Simon

Trustee(s):


Page 11 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMJim K. Nikolopoulos and Ayarpi Nikolopoulos1:16-10348 Chapter 13

#44.00 Trustee's Motion for Order Modifying the Plan to Increase the Plan Payment Pursuant to 11 USC Sec. 1329(a) and the Percentage to be Paid to Unsecured Creditors or, in the Alternative, Dismissing the Chapter 13 Petition Due to Debtrors' Failure to Make Debtors' Best Efforts to Repay Creditors Pursuant to 11 USC Sec. 1307(c)(6)

fr. 12/17/19; 1/28/20, 2/25/20; 3/31/20; 5/19/20; 6/23/20; 8/25/20, 9/22/20

55Docket

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Jim K. Nikolopoulos Represented ByScott D Olsen

Joint Debtor(s):

Ayarpi Nikolopoulos Represented ByScott D Olsen

Trustee(s):


Page 12 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMJacqueline Desiree Landaeta Alvarez1:16-10898 Chapter 13


fr. 8/25/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Jacqueline Desiree Landaeta Alvarez Represented ByMatthew D. ResnikMatthew D. Resnik

Trustee(s):


Page 13 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMJonel Quintela Martinez and Ivee Montalbo Martinez1:16-11207 Chapter 13


60Docket *** VACATED *** REASON: Trustee filed a withdrawal - Doc. #64. lf

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Jonel Quintela Martinez Represented ByHasmik Jasmine Papian

Joint Debtor(s):

Ivee Montalbo Martinez Represented ByHasmik Jasmine Papian

Trustee(s):


Page 14 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMFarshid Tebyani1:16-11417 Chapter 13

#47.00 Trustee's Motion to Dismiss Case .


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Farshid Tebyani Represented ByDevin Sawdayi

Trustee(s):


Page 15 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMHernan Alberto Orantes and Maria Del Rocio Sanchez1:16-12160 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Hernan Alberto Orantes Represented ByEric Bensamochan

Joint Debtor(s):

Maria Del Rocio Sanchez Represented ByEric Bensamochan

Trustee(s):


Page 16 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMAndrea Beckham1:16-12201 Chapter 13


fr. 10/22/19, 12/17/19; 1/28/20; 3/30/20; 5/19/20; 6/23/20; 8/25/20

42Docket *** VACATED *** REASON: Cont. to 12/15/20 @11am (eg)

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Andrea Beckham Represented ByMichael Jay Berger

Trustee(s):


Page 17 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMSusan Griffin1:16-12613 Chapter 13


fr. 11/19/19; 1/28/20, 2/25/20; 3/31/20; 5/19/20, 7/21/20; 8/25/20

50Docket *** VACATED *** REASON: Cont. to 12/15/20 @11am (eg)

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Susan Griffin Represented ByElena Steers

Trustee(s):


Page 18 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMFernando Benitez1:16-12648 Chapter 13

#51.00 Motion RE: Objection to Claim Number 4 by Claimant North American Savings Bank, F.S.B..

fr. 4/28/20, 5/19/20; 6/23/20, 7/21/20, 9/22/20

37Docket *** VACATED *** REASON: Cont'd per stipulation to 11/17/20 at 11:00 a.m. - hm

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Fernando Benitez Represented ByDonald E Iwuchuku

Trustee(s):


Page 19 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMMark David Cave1:16-13055 Chapter 13


fr. 1/28/20; 3/31/20, 7/21/20, 9/22/20

107Docket *** VACATED *** REASON: Trustee fined a withdrawal - Doc. #143. lf

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Mark David Cave Represented ByJulie J Villalobos

Trustee(s):


Page 20 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMJohn Stanley Mekrut1:16-13547 Chapter 13


fr. 8/25/20

48Docket *** VACATED *** REASON: Cont. to 12/15/20 @11 am (eg)

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

John Stanley Mekrut Represented BySteven A Alpert

Trustee(s):


Page 21 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMLisa Marie Payne1:16-13648 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Lisa Marie Payne Represented ByThomas B Ure

Trustee(s):


Page 22 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMNelson Humberto Pinto1:17-10021 Chapter 13


fr. 1/28/20; 3/31/20, 7/21/20

105Docket *** VACATED *** REASON: Ntc. of w/drawal 8/26/20 (eg)

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Nelson Humberto Pinto Represented ByDavid S Hagen

Trustee(s):


Page 23 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMMichael Klapsis and Marina Klapsis1:17-10032 Chapter 13


fr. 12/17/19, 2/25/20, 4/28/20; 8/25/20, 9/22/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Michael Klapsis Represented ByDevin Sawdayi

Joint Debtor(s):

Marina Klapsis Represented ByDevin Sawdayi

Trustee(s):


Page 24 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMMichael Klapsis and Marina Klapsis1:17-10032 Chapter 13

#57.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments

fr. 8/25/20, 9/22/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Michael Klapsis Represented ByDevin Sawdayi

Joint Debtor(s):

Marina Klapsis Represented ByDevin Sawdayi

Trustee(s):


Page 25 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMGeorg Bruno Ehlert1:17-10095 Chapter 13


fr. 9/22/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Georg Bruno Ehlert Represented ByKevin T Simon

Trustee(s):


Page 26 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMAllan Ray Cantero Padayao and Jenny Joan Agpoon 1:17-10253 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Allan Ray Cantero Padayao Represented ByHasmik Jasmine Papian

Joint Debtor(s):

Jenny Joan Agpoon Padayao Represented ByHasmik Jasmine Papian

Trustee(s):


Page 27 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMFelix Ray Wright1:17-10297 Chapter 13


fr. 12/17/19, 2/25/20,4/28/20, 7/21/20, 9/22/20


- NONE LISTED -

Matter Notes:

Tentative Ruling:

Party Information

Debtor(s):

Felix Ray Wright Represented ByVernon R Yancy

Trustee(s):


Page 28 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMLuis Armando Rivas1:17-10432 Chapter 13

#61.00 Motion to Dismiss Case for Failure to MakePlan Payments

45Docket

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Luis Armando Rivas Represented ByDonald E Iwuchuku

Trustee(s):


Page 29 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMNicole Karen Lee1:17-10982 Chapter 13


84Docket

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Nicole Karen Lee Represented ByJoshua L Sternberg

Trustee(s):


Page 30 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMJennifer H. Nguyen1:17-11120 Chapter 13

#63.00 Motion to dismiss case for failure to make plan payments

fr. 9/22/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Jennifer H. Nguyen Represented ByRob R Nichols

Movant(s):


Trustee(s):


Page 31 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMMonet R Davis1:17-11130 Chapter 13


fr. 4/28/20; 8/25/20

36Docket *** VACATED *** REASON: Trustee filed a withdrawal - Doc. 46. lf

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Monet R Davis Represented ByDevin Sawdayi

Trustee(s):


Page 32 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMMonet R Davis1:17-11130 Chapter 13


fr. 12/17/19, 2/25/20; 3/31/20, 4/28/20; 8/25/20,9/22/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Monet R Davis Represented ByDevin Sawdayi

Trustee(s):


Page 33 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMShahla Hariri1:17-11205 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Shahla Hariri Represented ByStella A Havkin

Trustee(s):


Page 34 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMIrma Villalpando1:17-11267 Chapter 13


fr. 8/25/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Irma Villalpando Represented BySteven A Alpert

Trustee(s):


Page 35 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMAllen Charles Mixon, III and Gladys Stennis Mixon1:17-11301 Chapter 13


fr. 9/24/19, 11/19/19; 1/28/20; 3/31/20; 6/23/20; 8/25/209/22/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Allen Charles Mixon III Represented ByStella A Havkin

Joint Debtor(s):

Gladys Stennis Mixon Represented ByStella A Havkin

Trustee(s):


Page 36 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMHaroutiun Papazian1:17-11387 Chapter 13

#69.00 Trustee's Motion to Dismiss Case for Failureto Submit All Tax Refunds

fr. 1/28/20; 3/31/20; 5/19/20, 7/21/20; 8/25/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Haroutiun Papazian Represented ByElena Steers

Trustee(s):


Page 37 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMHaroutiun Papazian1:17-11387 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Haroutiun Papazian Represented ByElena Steers

Trustee(s):


Page 38 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMJose Rodriguez Garcia1:17-11404 Chapter 13

#70.00 Application for Compensation for Donna R Dishbak, Debtor's Attorney,

Period: 6/14/2017 to 9/11/2020, Fee: $16,160.00, Expenses: $53.39.

fr. 9/22/20

87Docket

- NONE LISTED -

Matter Notes:

On 9/23/2020, Creditors were served with notice of Debtor's counsel reques to place a lien on Debtor's property (ECF doc. 94). No written opposition was filed.

Having considered the Application and Trustee's comments in response , the Application is GRANTED.

NO APPEARANCE REQUIRED ON 10/27/2020MOVANT TO LODGE ORDER WITHIN 7 DAYS

Tentative Ruling:

Party Information

Debtor(s):

Jose Rodriguez Garcia Represented ByDonna R Dishbak

Trustee(s):


Page 39 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMLinda Akerele Alele1:17-11625 Chapter 13


fr. 7/30/19, 9/24/19, 11/19/19, 12/17/19, 2/25/20, 4/28/20, 7/21/20

50Docket

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Linda Akerele Alele Pro Se

Trustee(s):


Page 40 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMEduardo N Trillo, Jr. and Maritess Biglangawa Trillo1:17-11804 Chapter 13


fr. 11/19/19; 1/28/20; 3/31/20, 4/28/20; 6/23/20,7/21/20; 8/25/20, 9/22/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Eduardo N Trillo Jr. Represented ByElena Steers

Joint Debtor(s):

Maritess Biglangawa Trillo Represented ByElena Steers

Trustee(s):


Page 41 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMPriscilla Jeanette Bueno1:17-11995 Chapter 13


fr. 12/17/19, 2/25/20,4/28/20; 5/19/20; 6/23/20; 8/25/20,9/22/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Priscilla Jeanette Bueno Represented ByMatthew D. ResnikRoksana D. Moradi-Brovia

Trustee(s):


Page 42 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMArman Tombakian1:17-12102 Chapter 13


fr. 8/25/20

74Docket

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Arman Tombakian Represented ByMichael Jay Berger

Trustee(s):


Page 43 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMBarbara Jean Woodard-Cox1:17-12329 Chapter 13

#75.00 Motion for Hardship Discharge Pursuant to 11 USC Sec. 1328(b)

91Docket

- NONE LISTED -

Matter Notes:

The court confirmed Debtor’s Plan on June 29, 2018 and required Debtor to pay $1,649 per month for 5 years, paying 47% to general unsecured creditors. The Plan also provided that at least $31,801 must be paid to priority an general unsecured creditors to comply with liquidation analysis."

On March 20, 2019, Debtor filed a Motion to Modify Plan, seeking to reduce the percentage from 17% to 30%, and to reduce the plan payment to $150 per month from March 2019 to February 2020. Thereafter, Debtor proposed that the payment would increase to $1,649 in March 2020 to the end of the plan term. An Order Granting the Motion to Modify was entered on April 24, 2019.

Debtor now moves for a hardship discharge, asserting that she was unable to resume the higher payments in March 2020 as she was suffering from multiple medical conditions in January 2020 and had to reduce her work hours. Decl. of Barbara Woodard-Cox ISO Motion ("Debtor Decl.", Ex. 4. Thereafter, Debtor, a school nurse employed by the LAUSD, was unable to resume even part-time work for the LAUSD when it closed in-person learning at its facilities in March 2020 due to the COVID-19 pandemic. Debtor contends that her health conditions worsened, and she was forced to retire. Id.

Legal Standard

The Bankruptcy Code allows the Debtor to request a hardship discharge under 11 USC § 1328(b):

"at any time after confirmation of the plan and after notice and a hearing, the court may grant a discharge to a debtor that has not completed payments under the plan only if –

Tentative Ruling:

Page 44 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMBarbara Jean Woodard-CoxCONT... Chapter 13

(1) the debtor’s failure to complete such payments is due to circumstances for which the debtor should not justly be held accountable;

(2) the value, as of the effective date of the plan, of the property actually distributed under the plan on account of each allowed unsecured claim is not less than the amount that would have been paid on such a claim of the estate if the debtor had been liquidated under chapter 7 of this title on such date; and

(3) modification of the plan under section 1329 of this title is not practicable."

Debtor states that she has paid approximately $32,532 to fund her plan, to date. Id., Ex. 7. It is her position that, under the Confirmation Order, Debtor would need to contribute approximately $11,869.59 to meet the requirements of § 1328(b)(2). Debtor’s friend is willing to pay the required amount to Trustee, if her Motion is granted.

Trustee opposed the Motion, arguing that the amount proffered by Debtor is not sufficient to meet the hardship discharge standard. According to Trustee’s calculation, Debtor would need to tender $21,772.27 to pay the required amount to priority and general unsecured claims.

Debtor argues in reply that of the $32,532 that Debtor has paid into her plan, Trustee has paid $12,598.59 to secured creditors, with the remaining balance paid to parties holding unsecured and priority claims. Reply, 2:4-17. Debtor’s counsel, Borrowitz & Clark, LLP, is listed among the priority and unsecured creditors paid by Trustee.

The parties do not appear to argue that Debtor is not otherwise eligible for a hardship discharge under § 1328(b), in that Debtor’s income has been reduced due to circumstances beyond her control and that modification is not practicable. The sole issue is whether Debtor has met the liquidation standard under § 1328(b)(2). Debtor’s calculations are as follows:

$32,532 Amount paid by Debtor to fund plan (Ex. 7)

($12,598.59) Amount paid to secured creditors by Trustee (paid in full, per Debtor)

$19,933.41 Funds remaining to be paid by Trustee to priority & unsecured creditors

$31,801.00 Amount required under Plan to be paid

Page 45 of 10110/26/2020 3:44:39 PM



San Fernando Valley



to priority & unsecured creditors($19,933.41) Amount paid by Trustee to priority &

unsecured creditors under plan (per Debtor’s decl.)

$11,867.59 Amount required to meet liquidation standard under § 1328(b)(2), per Debtor

Of the $19,933.41 that Debtor calculates as "paid" is $2,200 in approved attorney’s fees that have yet to be paid out by Trustee, which Debtor believes should be paid from the $11,867.59. Debtor also notes that her counsel anticipates there will be approximately $3,534 in attorney’s fees related to this Motion and for responding to Trustee’s pending motion to dismiss that she believes should also be paid from the $11,867.59 as a priority administrative claim.

Trustee’s calculations are as follows:

$32,532 Amount paid by Debtor to fund plan (Ex. 7)

($12,598.59) Amount paid to secured creditors by Trustee (undisputed by Trustee?)

$19,933.41 Funds remaining to be paid by Trustee to priority & unsecured creditors

$31,801.00 Amount required under Plan to be paid to priority & unsecured creditors

($10,028.73) Amount paid by Trustee to priority & unsecured creditors under plan (per Trustee Opp.)

$21,772.27 Amount required to meet liquidation standard under § 1328(b)(2), per Trustee

Exhibit 7 to the Motion provides no clarity as to the amount Trustee has paid out to priority and unsecured creditors. According to the Chapter 13 Trustee Periodic Accounting Report (the "Trustee Report"), filed Jan. 30, 2020, ECF doc. 74, $9,676.21 was paid to priority and unsecured creditors, not including amounts paid for attorney’s fees. Id. If attorney’s fees are included in the amount, then the Trustee Report shows $16,142.76 has been paid out to priority and unsecured creditors. It appears this is the difference in how the parties calculated the amount required to meet the liquidation requirement under § 1328(b), however neither party has

Page 46 of 10110/26/2020 3:44:39 PM



San Fernando Valley



provided any law or analysis on why this distinction is salient here.

TELEPHONIC APPEARANCE REQUIRED

Party Information

Debtor(s):

Barbara Jean Woodard-Cox Represented ByBarry E BorowitzMichael E Clark

Trustee(s):


Page 47 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMDale Wayne Wainio1:18-12538 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Dale Wayne Wainio Represented ByNicholas M Wajda

Movant(s):


Trustee(s):


Page 48 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMKaren Marcy Santos Pham1:17-12885 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Karen Marcy Santos Pham Represented ByMichael Jay Berger

Trustee(s):


Page 49 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMNoel Carol Potter1:17-13027 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Noel Carol Potter Represented ByGregory M Shanfeld

Trustee(s):


Page 50 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMJose Galindo, Jr1:18-10407 Chapter 13


fr. 1/28/20, 2/25/20, 4/28/20; 8/25/20


- NONE LISTED -

Matter Notes:

Tentative Ruling:

Party Information

Debtor(s):

Jose Galindo Jr Represented ByKarine Karadjian

Trustee(s):


Page 51 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMMarvin Eleid1:18-10533 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Marvin Eleid Represented BySteven Abraham Wolvek

Trustee(s):


Page 52 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMMarvin Eleid1:18-10533 Chapter 13


fr. 12/17/19; 1/28/20, 2/25/20; 3/31/20; 5/19/20; 6/23/20; 8/25/20, 9/22/20


- NONE LISTED -

Matter Notes:

Tentative Ruling:

Party Information

Debtor(s):

Marvin Eleid Represented ByAli R Nader

Trustee(s):


Page 53 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMConsuelo Ramos1:18-10898 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Consuelo Ramos Represented ByDonald E Iwuchuku

Trustee(s):


Page 54 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMIrina G Dzhalalyants1:18-10979 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Irina G Dzhalalyants Represented ByElena Steers

Trustee(s):


Page 55 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMAndrea L Cervantes1:18-11550 Chapter 13


fr. 8/25/20, 9/22/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Andrea L Cervantes Represented ByStephen S SmythWilliam J SmythAndrew Edward Smyth

Trustee(s):


Page 56 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMPaymaun Jafari1:18-11558 Chapter 13

#84.00 Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Refunds


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Paymaun Jafari Represented ByJulie J Villalobos

Trustee(s):


Page 57 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMRoderick Bill Norseweather1:18-11575 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Roderick Bill Norseweather Represented ByJames G. Beirne

Trustee(s):


Page 58 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMCraig A. Lapiner1:18-12737 Chapter 13


fr. 3/31/20, 7/21/20


- NONE LISTED -

Matter Notes:

Tentative Ruling:

Party Information

Debtor(s):

Craig A. Lapiner Represented ByEliza Ghanooni

Trustee(s):


Page 59 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMFrancisco Romero1:18-12843 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Francisco Romero Represented ByKevin T Simon

Trustee(s):


Page 60 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMIveta Vardanyan1:18-12865 Chapter 13

#88.00 Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Refunds


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Iveta Vardanyan Represented ByAris Artounians

Trustee(s):


Page 61 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMEdwin E. Vidanez1:19-10003 Chapter 13


fr. 2/25/20; 3/31/20, 7/21/20, 9/22/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Edwin E. Vidanez Represented ByJoshua L Sternberg

Trustee(s):


Page 62 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMWilfredo Castillo and Carmen Rosa Castillo1:19-10108 Chapter 13


fr. 9/22/20

56Docket

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Wilfredo Castillo Represented ByDonald E Iwuchuku

Joint Debtor(s):

Carmen Rosa Castillo Represented ByDonald E Iwuchuku

Trustee(s):


Page 63 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMLouis Vargas1:19-10322 Chapter 13


fr. 8/25/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Louis Vargas Represented ByMichael Jay Berger

Trustee(s):


Page 64 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMLuis Mauricio Iglesias1:19-10486 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Luis Mauricio Iglesias Represented ByAli R Nader

Trustee(s):


Page 65 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMIrina Petrosova1:19-10592 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Irina Petrosova Represented ByDevin Sawdayi

Trustee(s):


Page 66 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMElizabeth Fabia Sanchez1:19-10637 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Elizabeth Fabia Sanchez Represented ByDavid S Hagen

Trustee(s):


Page 67 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMBridget G Moran Smith1:19-10664 Chapter 13

#95.00 Motion RE: Objection to Claim Number 3 by Claimant U.S. Bank, National Association, et al. c/o PHH Mortgage Corporation, its Successors and/or Assigns.

fr. 7/30/19; 8/20/19; 10/22/2019; 12/17/19, 2/25/20, 4/28/20; 6/23/20; 8/25/20

26Docket

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Bridget G Moran Smith Represented ByKevin T Simon

Trustee(s):


Page 68 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMEdgar Roberto Salazar1:19-10800 Chapter 13


fr. 9/22/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Edgar Roberto Salazar Represented ByMatthew D. Resnik

Trustee(s):


Page 69 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMFrancisco Fernandez and Michelle Fernandez1:19-10904 Chapter 13


79Docket *** VACATED *** REASON: Voluntary dismissal of motion filed 10/26/20 [jj]

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Francisco Fernandez Represented ByMatthew D. Resnik

Joint Debtor(s):

Michelle Fernandez Represented ByMatthew D. Resnik

Trustee(s):


Page 70 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMDaysi Mildreen Ibanez1:19-11617 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Daysi Mildreen Ibanez Represented ByDaniel King

Trustee(s):


Page 71 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMLois Ann Harris1:19-11717 Chapter 13



- NONE LISTED -

Matter Notes:

Tentative Ruling:

Party Information

Debtor(s):

Lois Ann Harris Represented ByMatthew D. ResnikRoksana D. Moradi-Brovia

Trustee(s):


Page 72 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMOleg Meerovich1:19-11753 Chapter 13

#100.00 Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Returns


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Oleg Meerovich Represented ByMatthew D. Resnik

Trustee(s):


Page 73 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMChristopher Michael Niblett1:19-11762 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Christopher Michael Niblett Represented ByElena Steers

Trustee(s):


Page 74 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMLisa M. Bueno1:19-11874 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Lisa M. Bueno Represented ByAli R Nader

Trustee(s):


Page 75 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMAda E Renderos Velasquez1:19-11916 Chapter 13


fr. 4/28/20, 7/21/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Ada E Renderos Velasquez Represented ByAli R Nader

Trustee(s):


Page 76 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMVicente M Aguilar1:19-11930 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Vicente M Aguilar Represented ByDavid Samuel Shevitz

Trustee(s):


Page 77 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMHazel M Renderos1:19-11964 Chapter 13

#105.00 Motion RE: Objection to Claim Number 3 by Claimant Los Angeles County Treasurer and Tax Collector

fr. 3/31/20, 9/22/20

0Docket

- NONE LISTED -

Matter Notes:

Debtor objects to the $31,810.71 claim filed by the Los Angeles County Treasurer and Tax Collector ("Tax Collector"). Debtor contends that she does not owe the property taxes asserted in the Claim because her mortgage payments include property taxes. Instead, she believes that that the next-door neighbor owes these property taxes and the Tax Collector has been using the wrong address and Assessor’s Parcel Number. Debtor’s counsel, Nathan A. Berneman ("Counsel"), filed a declaration in which he asserted that he contacted Debtor’s mortgage company and that he received documents evidencing payments the mortgage company made on Debtor’s behalf to the Tax Collector. The documents are attached to Counsel’s declaration as Exhibit B.

Under FRBP 3001(f), "a proof of claim executed and filed in accordance with these rules shall constitute prima facie evidence of the validity and amount of the claim." A proof of claim provides "some evidence as to its validity and amount" and prima facie validity is "strong enough to carry over a mere formal objection without more." Lundell v. Anchor Construction Specialists, Inc., 223 F.3d 1035 (9th Cir. 2000), quoting Wright v. Holm (In re Holm), 931 F.2d 620, 623 (9th Cir. 1991). To be legally sufficient and prima facie valid under FRBP 3001, a claim must: (1) be in writing; (2) make a demand on debtor’s estate; (3) express the intent to hold the debtor liable for the debt; (4) be properly filed; and (5) be based upon facts which would make the allowance equitable. 9 Collier on Bankruptcy (15th ed. Rev. 2004) ¶3001.05[2].

Under section 502, a proof of claim is deemed allowed, unless a party of interest objects. FRBP 3001(f) states that a Proof of Claim filed and executed in accordance with the rules shall constitute prima facie evidence of the validity and

Tentative Ruling:

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San Fernando Valley


11:00 AMHazel M RenderosCONT... Chapter 13

amount of the claim. FRBP 3001-3007. LR 3007-1.

Per In re Heath, 331 B.R. 424 (B.A.P. 9th Cir. 2005), it is not a sufficient objection to rely solely on an alleged lack of prima facie validity of the proof of claim and its documentation. In re Heath, 331 B.R. at 435, 437-38. Section 502 deems a claim allowed and directs that the bankruptcy court "shall" allow claims with limited exceptions (i.e. debtor was wrongly charged for goods or services, specific interest charges or fees were miscalculated or wrongly imposed). See, e.g., id., 331 B.R. at 437-38. "If there is no substantive objection to the claim, the creditor should not be required to provide any further documentation of it." Id. at 436, citing In re Shank, 315 B.R. 799, 813 (Bankr. N.D. Ga. 2004). However, "creditors have an obligation to respond to formal or informal requests for information. That request could even come in the form of a claims objection." In re Heath, 331 B.R. at 436. Under In re Campbell, 336 B.R. 430 (B.A.P. 9th Cir. 2005), any objection that raises a legal or factual ground to disallow the claim will likely prevail over a proof of claim lacking prima facie validity.

"The court, after notice and a hearing, shall determine the amount of such claim… as of the date of the filing of the petition, and shall allow such claim, except to the extent that – (1) such claim is unenforceable against debtor and the property of the debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unliquidated." 11 U.S.C. §502(b).

An objection to claim must be supported by admissible evidence sufficient to overcome the evidentiary effect of a properly documented proof of claim executed and filed in accordance with FRBP §3001. The evidence must demonstrate that the proof of claim should be disallowed, reduced, subordinated, re-classified, or otherwise modified. LBR §3007-1(c).

Should objection be taken, the objector is then called upon to produce evidence and show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves. But the ultimate burden of persuasion is always on the claimant. Thus, it may be said that the proof of claim is some evidence as to its validity and amount. It is strong enough to carry over a mere formal objection without more. 3 L. King, Collier on Bankruptcy § 502.02, at 502–22 (15th ed. 1991).

Debtor’s main argument is that she has paid her property taxes to her mortgage company, and so there is no debt on which to base this Claim. Debtor’s objection included print outs of what she purported were documents evidencing payments the mortgage company made on Debtor’s behalf to the Tax Collector.

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San Fernando Valley


11:00 AMHazel M RenderosCONT... Chapter 13

Berneman Decl., Ex. B. Debtor appears to rely on this document to allude that that Tax Collector did not have grounds to file a claim for the taxes that were paid by the mortgage company. The evidence that Debtor provided, screen shots of a lending portal displaying a mortgage history, were very difficult to read. When the documents are enlarged, however, there are amounts listed for "escrow balances" that could be related to the payment of property taxes. Counsel for Tax Collector filed a declaration explaining that, despite repeated requests and demands made by both it and Debtor, the lender refuses to provide proof to substantiate Debtor’s position that the property taxes were in fact paid in connection with Debtor’s residence.

On the other hand, Tax Collector contends that Debtor’s real property taxes on her residence have been delinquent since 2016. In addition to the illegibility of Debtor’s evidence, Tax Collector notes that the mortgage lender to which Debtor asserts the tax payments were made filed a proof of claim evidencing its interest in an entirely different parcel APN 2206-037-123. See Deed of Trust re 15845 Wyandotte St. Unit 4, Los Angeles, CA 91406, Attachment to Proof of Claim 15-1, filed by Deutsche Bank.

The only evidence filed in support of Tax Collector’s proof of claim is evidence of unpaid taxes as relates to parcel no. 2206-037-130. On Schedule A, Debtors listed ownership of only one property at 15845 Wyandotte St., Los Angeles, CA 91406. ECF doc. 9. Presumably, the Wyandotte property is Unit 4 as noted on the Deed of Trust, identified as APN Parcel no. 2206-037-123. Proof of Claim 15-1. It would seem, therefore, that any evidence of taxes owed that is not in connection with parcel 220-037-123 does not support Claim 3-1.

Objection SUSTAINED.TELEPHONIC APPEARANCE REQUIRED

Party Information

Debtor(s):

Hazel M Renderos Represented ByAli R Nader

Trustee(s):


Page 80 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMJose Gabia Salagubang1:19-12094 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Jose Gabia Salagubang Represented ByStephen S Smyth

Trustee(s):


Page 81 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMJose Gabia Salagubang1:19-12094 Chapter 13


30Docket *** VACATED *** REASON: Duplicated of cal. no. 106

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Jose Gabia Salagubang Represented ByStephen S Smyth

Trustee(s):


Page 82 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMMauricio Nunez1:19-12205 Chapter 13


fr. 8/25/20, 9/22/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Mauricio Nunez Represented ByDonald E Iwuchuku

Trustee(s):


Page 83 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMHrayer Chouchanian1:19-12264 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Hrayer Chouchanian Represented ByTamar Terzian

Trustee(s):


Page 84 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMLeticia E. Donis Duran1:19-12329 Chapter 13


43Docket

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Leticia E. Donis Duran Represented ByDonald E Iwuchuku

Trustee(s):


Page 85 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMStuart Malin and Patricia Malin1:19-12533 Chapter 13

#111.00 Motion RE: Objection to Claim Number 11,12 by Claimant Wells Fargo.


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Stuart Malin Represented BySteven Abraham Wolvek

Joint Debtor(s):

Patricia Malin Represented BySteven Abraham Wolvek

Trustee(s):


Page 86 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMLaura Pena1:19-12717 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Laura Pena Represented ByThomas B Ure

Trustee(s):


Page 87 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMAnne Dorothy Renzo1:19-12874 Chapter 13


fr. 9/22/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Anne Dorothy Renzo Represented ByPeter M Lively

Trustee(s):


Page 88 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMAnne Dorothy Renzo1:19-12874 Chapter 13

#114.00 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments

fr. 9/22/20


- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Anne Dorothy Renzo Represented ByPeter M Lively

Trustee(s):


Page 89 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMMark Theodore Vedel and Susan Wohl Vedel1:19-12894 Chapter 13

#115.00 Debtor's Motion for Authority to Incur Debt(Personal Property)

47Docket

- NONE LISTED -

Matter Notes:


Tentative Ruling:

Party Information

Debtor(s):

Mark Theodore Vedel Represented ByMatthew D. Resnik

Joint Debtor(s):

Susan Wohl Vedel Represented ByMatthew D. Resnik

Trustee(s):


Page 90 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMMark Theodore Vedel and Susan Wohl Vedel1:19-12894 Chapter 13



- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Mark Theodore Vedel Represented ByMatthew D. Resnik

Joint Debtor(s):

Susan Wohl Vedel Represented ByMatthew D. Resnik

Trustee(s):


Page 91 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMWendi A Schneider1:19-13223 Chapter 13


32Docket *** VACATED *** REASON: Duplicate hearing [jj]

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Wendi A Schneider Represented ByAllan D Sarver

Trustee(s):


Page 92 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMWendi A Schneider1:19-13223 Chapter 13


32Docket *** VACATED *** REASON: Ntc. of w/drawal 9/24/20 (jj)

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Wendi A Schneider Represented ByAllan D Sarver

Trustee(s):


Page 93 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMEduardo T Anucilla and Nenita D Anucilla1:20-10918 Chapter 13

#119.00 Motion for Setting Property Value re Honda Odessey

24Docket

- NONE LISTED -

Matter Notes:

Service: Proper, per address designated on Proof of Claim for NoticeProperty: 2014 Honda Odessey Amount owed: $19,064.88Value of Collateral (per Debtor's declaration, ¶ 4): $19,799Secured claim amount: $19,064.88Unsecured bifurcated claim: $0

Disposition: DENIED


Tentative Ruling:

Party Information

Debtor(s):

Eduardo T Anucilla Represented ByR Grace Rodriguez

Joint Debtor(s):

Nenita D Anucilla Represented ByR Grace Rodriguez

Movant(s):



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San Fernando Valley


11:00 AMEduardo T Anucilla and Nenita D AnucillaCONT... Chapter 13

Trustee(s):


Page 95 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMEduardo T Anucilla and Nenita D Anucilla1:20-10918 Chapter 13

#120.00 Motion for Setting Property Value re Honda Civic

25Docket

- NONE LISTED -

Matter Notes:

Service: Proper, per address designated on Proof of Claim for NoticeProperty: 2017 Honda CivicAmount owed: $15,533.11 (per proof of claim 5-1)Value of Collateral (per Debtor's declaration, ¶): $11,030Secured claim amount: $11,030Unsecured bifurcated claim: $4,503.11

Debtor's request to set the interest rate at 4.5% for repayment in the chapter 13 plan is improper under a motion to value collateral. Issues of cramdown interest rate determinations are matters for confirmation.

Disposition: GRANTED in part, DENIED in part.


Tentative Ruling:

Party Information

Debtor(s):


Joint Debtor(s):


Movant(s):

Eduardo T Anucilla Represented By

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San Fernando Valley


11:00 AMEduardo T Anucilla and Nenita D AnucillaCONT... Chapter 13

R Grace Rodriguez


Trustee(s):


Page 97 of 10110/26/2020 3:44:39 PM



San Fernando Valley


11:00 AMJosephine Mansilla De Jesus1:20-11059 Chapter 13

#121.00 Motion to Compel Abandonment of Recovered Funds

37Docket

- NONE LISTED -

Matter Notes:

The court may look beyond the names on a joint account to determine the extent of a

debtor’s interest in the account. Haderlie v Barney, 2013 Bankr. Lexis 4514(D. WY 2013).

Courts can look to who used the account, the purpose of the joint account, who paid taxes

on the account and the source of the funds in the account. Here, the funds in the joint

account are loan proceeds from a refinancing of jointly held property, but from a loan solely

in the non-debtor domestic partner’s name.

Where a loan is made on a promissory note, title passes to the borrower when he or she

signs the note. State v. Berman, 50 Wn App. 125, 747 P. 2d 492 (Wash App 1987); Accord,

Keeton v. Flanagan (In re Flanagan), 2014 Bankr. Lexis 756, 19 (9th Cir. BAP 2014)(Upon

disbursement, loan proceeds generally belong to the borrower"). Here, non-debtor Favis is

on the promissory note and solely liable for the refinance. That may resolve the issue

between Favis and Wells Fargo, as the basis for freezing the account and turning the entire

account over to the Chapter 7 trustee is questionable. That issue, however, is between the

debtor, Favis and Wells Fargo. The question here for purposes of the equitable interests of

the bankruptcy estate is different. Turning the funds over to Favis because of Wells Fargo’s

possibly wrongful act resolves only the issue of possession, not the interests of the

bankruptcy estate.

There is no dispute that at least half the funds belong to Favis and not the estate and that

Wells Fargo improperly seized non-debtor Favis funds. Half of the seized funds should be

turned over to Favis without delay. There was no notice to Favis and no compliance with

California collection law. Debtor is correct that basic due process was not followed as to

third party Favis. The fact that the funds were then turned over to the trustee does not

change the original wrong by Wells Fargo.

Tentative Ruling:

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San Fernando Valley


11:00 AMJosephine Mansilla De JesusCONT... Chapter 13

The trustee argues that half the funds were based on debtor’s equity in the Mission Hills

property. She also argues that if Favis is responsible for the entire mortgage, there are

serious feasibility and liquidation concerns. It is not clear why this is so. Debtor argues that

the liquidation analysis is 0$ available for unsecured creditors either way. How does the

feasibility or liquidation analysis change?

Debtor lists her interest in the property on Schedule A as a joint tenant, but she does not list

any mortgage liability. She lists $900 rent as a monthly expense. While the parties cite to law

concerning loan proceeds, they do not provide any law discussing the ownership when the

loan is based in part on the debtor’s equity. While debtor and Favis state that Favis has

always paid "the lion’s share" of the mortgage, they do not give details or explain why she

lists her interest as $299,501 in Schedule A. This needs to be addressed more at oral

argument.

APPEARANCE REQUIRED

Party Information

Debtor(s):

Josephine Mansilla De Jesus Represented ByGlenn Ward Calsada

Trustee(s):


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San Fernando Valley


11:00 AMNathan Daneshrad1:20-11112 Chapter 13

#122.00 Objection to Homestead Exemption

27Docket

- NONE LISTED -

Matter Notes:

Trustee objected to Debtor's attempt to claim an exemption of $100,000 in real property at 9717 Nestle Ave., Northridge, CA 91325, as she contends he is ineligible to claim that amount under C.C.P. § 704.730(a)(2). Under C.C.P. § 704.730(a)(2), provides for an exemption of up to $100,000 of equity in a homestead "if the judgment debtor or spouse of the judgment debtor who resides in the homestead is, at the time of the attempted sale of the homestead, a member of a family unit." In the schedules filed for this bankruptcy, Debtor identifies himself as a single man. Trustee notes that on Schedule J, Debtor lists a dependent child, but that she does not live with Debtor. For this reason, Trustee argues that Debtor is not entitled to claim the $100,000 exemption, and that he should be limited only to the $75,000 exemption.

Service proper. No opposition filed. OBJECTION SUSTAINED. Trustee to lodge order within 7 days.

Tentative Ruling:

Party Information

Debtor(s):

Nathan Daneshrad Represented ByDevin Sawdayi

Trustee(s):


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San Fernando Valley


11:00 AMCarlos R Moyano and Rosa E. Moyano1:20-11245 Chapter 13

#123.00 Motion to Avoid Lien Junior Lien with Indymac Bank, FSB/CIT Bank, N.A

fr. 8/25/20, 9/22/20

12Docket *** VACATED *** REASON: cont'd to 11/17/20 per order #35. lf

- NONE LISTED -

Matter Notes:

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Carlos R Moyano Represented ByNathan A Berneman

Joint Debtor(s):

Rosa E. Moyano Represented ByNathan A Berneman

Trustee(s):


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