all hearings scheduled for today will be conducted

United States Bankruptcy CourtCentral District of California

Judge Sheri Bluebond, PresidingCourtroom 1539 Calendar

Los Angeles

Wednesday, October 27, 2021 1539 Hearing Room

10:00 AM2:00-00000 Chapter

#0.00 All hearings scheduled for today are now simultaneously 1) In person

in Courtroom 1539; 2) Via ZoomGov Video; 3) Via ZoomGov Audio.

Parties are free to choose any of these options, unless otherwise ordered

by the Court. Parties electing to appear in person shall comply with all

requirements regarding social distancing, use of face masks, etc. which

will be in effect at the time of the hearing and should be aware that (1)

all parties will be required to wear a mask at all times, even when

presenting oral argument and (2) Judge Bluebond will not be wearing a

mask.

Parties in interest and members of the public may connect to the video and audio feeds,

free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer

(equipped with camera, microphone and speaker), or a handheld mobile device (such as

an iPhone or Android phone). Individuals may opt to participate by audio only using a

telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required but you must still notify Chambers at [email protected] of your appearance". The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

For more information on appearing before Judge Bluebond by ZoomGov, please see the

information on the Court's website at:

https://www.cacb.uscourts.gov/judges/honorable-sheri-bluebond under the tab,

"Telephonic Instructions."

Hearing conducted by ZOOMGov. Video/audio web address: https://cacb.zoomgov.com/j/16161090855ZoomGov meeting number: 161 6109 0855

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10:00 AMCONT... Chapter

Password: 148508

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

(when prompted, enter meeting number and password shown above)

0Docket

- NONE LISTED -

Courtroom Deputy:

- NONE LISTED -

Tentative Ruling:

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10:00 AMIrma Dayanara Pacheco2:21-16754 Chapter 7

#1.00 Order to Show Cause For Failure to Comply with 11 U.S.C. Section 109(h) RE: Credit Counseling Certificate Never Filed or Defective (Course was taken either too early or too late) (11 U.S.C § 727(a)(9))

31Docket

- NONE LISTED -

Courtroom Deputy:

Debtor's mistaken belief that she had taken the required prepetition credit counseling may explain the way she completed her petition, but it does not make her eligible to be a debtor in this bankruptcy case and does not bring her within any of the very narrowly tailored exceptions to this requirement. As debtor did not complete the required credit counseling within the 180 days before the commencement of the bankruptcy case, debtor is not eligible to be a debtor in this bankruptcy case.

Dismiss case. (Nothing precludes this debtor from refiling immediately, but new filing would be debtor's second bankruptcy case within a year, meaning that automatic stay will terminate within 30 days unless debtor moves for and obtains an extension.)

Tentative Ruling:

Party Information

Debtor(s):

Irma Dayanara Pacheco Represented ByAnerio V Altman

Trustee(s):

Carolyn A Dye (TR) Pro Se

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10:00 AMIrma Dayanara Pacheco2:21-16754 Chapter 7

#1.10 Motion to Convert Case From Chapter 7 to 13

13Docket

- NONE LISTED -

Courtroom Deputy:

Deny motion to convert as debtor is ineligible to be a debtor in this bankruptcy case. If she would like to be in chapter 13, debtor should refile a chapter 13 case.

Tentative Ruling:

Party Information

Debtor(s):


Movant(s):


Trustee(s):

Carolyn A Dye (TR) Pro Se

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10:00 AMFreddie Lee George2:21-17144 Chapter 7

#2.00 Order to Show Cause For Failure to Comply with 11 U.S.C. Section 109(h) re: Debtor request for waiver of credit counseling (exigent circumstances)

9Docket

- NONE LISTED -

Courtroom Deputy:

Debtor has not filed certificate of credit counseling or provided any explanation as to his failure to complete the required course. As debtor did not complete credit counseling within the 180 days before the commencement of the bankruptcy case, debtor is not eligible to be a debtor in this bankruptcy case.

Dismiss case. (Nothing precludes this debtor from refiling, but new filing would be debtor's second bankruptcy case within a year, meaning that automatic stay will terminate within 30 days unless debtor moves for and obtains an extension.)

Tentative Ruling:

Party Information

Debtor(s):

Freddie Lee George Pro Se

Trustee(s):

Brad D Krasnoff (TR) Pro Se

Brad D Krasnoff (TR) Pro Se

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10:00 AMMiguel Angel Zapien2:21-17381 Chapter 7

#3.00 Order to Show Cause For Failure to Comply with 11 U.S.C. Section 109(h) (BNC) Request for waiver of Credit Counseling requirement (Exigent Circumstances);

9Docket *** VACATED *** REASON: VACATE OSC AS MOOT. CASE IS ALREADY DISMISSED

- NONE LISTED -

Courtroom Deputy:

Vacate OSC as moot. Case has already been dismissed for failure to file schedules. No appearance required. Court will prepare order.

Tentative Ruling:

Party Information

Debtor(s):

Miguel Angel Zapien Pro Se

Trustee(s):

Edward M Wolkowitz (TR) Pro Se

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10:00 AMAlejandrina Cruz2:21-14723 Chapter 7

#4.00 Trustee's Motion to Approve Assignment Agreement between the Trustee and Debtor for the Trustee's Conveyance of the Estate's Interest in 2018 Honda Civic

21Docket

ZoomGov Appearance by:

10/26/21- Peter Mastan

Courtroom Deputy:

Is there any reason that the initial overbid increment needs to be $1,000 rather than $500? Modify overbidding procedures, grant motion and approve sale to highest bidder.

Tentative Ruling:

Party Information

Debtor(s):

Alejandrina Cruz Represented ByOmar Zambrano

Trustee(s):

Peter J Mastan (TR) Pro Se

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10:00 AMJeannette Yvette Martello2:20-17688 Chapter 7

#5.00 Debtor's Motion For Order of Contempt

127Docket


10/21/21 - Wilkie Cheong

10/25/21 - Jeannette Martello

Courtroom Deputy:

Deny motion for contempt. Deny request for evidentiary hearing. None of the operative facts are in dispute. The only issues are purely legal in nature.

The money in question never belonged to this debtor. It was paid by her parents and deposited for the benefit of the creditor with the superior court. Moreover, the creditor's right to the funds deposited with the Superior Court had already been determined prior to the commencement of the bankruptcy case. Judgment in the creditor's favor was entered on July 25, 2019 and was not reversed on appeal. This bankruptcy case was filed on August 24, 2020.

As the Supreme Court explained in City of Chicago v. Fulton, 592 U.S. ___ (2021), merely retaining possession of property is not a violation of the automatic stay. Moreover, here, the property never even belonged to the debtor, so merely retaining it cannot violate the automatic stay. With regard to continued litigation of the appeal, Court will not sanction anyone or hold them in contempt for continuing to defend an appeal before the creditor even learned of the existence of the bankruptcy filing. (Creditor did not learn of the bankruptcy filing until July 14, 2021, which was after the appeal had been resolved on June 8, 2021.) Thereafter, the only actions taken by the creditor were the steps necessary to exercise its remedies against property that did not belong to the debtor (the renewed motion to release the funds). As creditor's right to these funds had already been resolved prior to the bankruptcy, merely filing the papers necessary to cause the superior court to

Tentative Ruling:

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10:00 AMJeannette Yvette MartelloCONT... Chapter 7

release the funds that were deposited by a nondebtor for its benefit is at best a mere ministerial act that should not be treated as a stay violation even though it occurred post-petition. The bottomline, however, is that, if any action by the creditor had violated the automatic stay here, on these facts, the court would annul the automatic stay to validate any such actions. (Note: Even if the property had been an asset of this bankruptcy estate, the debtor would not have been able to require the creditor or the superior court to release these funds to either the debtor or the trustee without providing adequate protection for the value of the creditor's interest in the funds.)

The motion is equally misguided to the extent that it contends creditor should be sanctioned or held in contempt for violating the discharge injunction. A discharge only discharges a debtor's personal liability. It does not discharge liens, security interests or other in rem interests held by a creditor in property that serves as collateral or security for the debtor's obligations. Court agrees that this motion is one more frivolous filing by a debtor who has already been declared a vexatious litigant.

Party Information

Debtor(s):

Jeannette Yvette Martello Pro Se

Movant(s):

Jeannette Yvette Martello Pro Se

Trustee(s):

Jason M Rund (TR) Represented ByThomas H Casey

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10:00 AMWorld Service West/LA Inflight Service Company LLC2:21-16800 Chapter 11

#6.00 Application to Employ Ringstad & Sanders LLP as General Insolvency Counsel for World Service West / LA Inflight Service Company LLC.

23Docket

10/25/21 - Todd Ringstad

10/25/21 - Christopher Minier

10/26/21 - Eryk Escobar

Courtroom Deputy:

There is no dispute as to whether the firm to be employed is disinterested or competent to handle the representation. Rinstad & Sanders LLP is a small firm, and requiring the firm to wait 120 days between payments after the retainer is exhausted could impose a significant hardship on the firm. Procedure proposed only contemplates that a monthly payment would be made if there is no objection to the fee statement. Discuss with parties what the procedure will be if there is an objection. Overrule US Trustee's objection. Grant application. Authorize debtor to employ firm as general insolvency counsel.

Tentative Ruling:

Party Information

Debtor(s):

World Service West/LA Inflight Represented ByChristopher MinierTodd C. Ringstad

Trustee(s):

Moriah Douglas Flahaut (TR) Pro Se

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10:00 AMBuckingham Heights Business Park (a California Lim2:21-17060 Chapter 11

#7.00 Scheduling and Case Management Conference in a Chapter 11 Case

1Docket *** VACATED *** REASON: CONT'D. TOP 11/3/21 @ 10AM



Courtroom Deputy:

10/13/21 -- At hearing held this date, Court continued case status conference to November 3, 2021 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 27, 2021.

Tentative Ruling:

Party Information

Debtor(s):

Buckingham Heights Business Park Represented ByJeannie KimMichael M Lauter

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10:00 AMKfir Gavrieli2:21-10826 Chapter 11

#8.00 Debtor's Second Amended Disclosure Statement for Debtor's Second Amended Plan of Reorganization Under Chapter 11 of the Bankruptcy Code

fr. 6-16-21, 7-14-21, 8-18-21, 9-29-21

308Docket *** VACATED *** REASON: CONT'D. TO 12/8/21 @ 2PM

- NONE LISTED -

Courtroom Deputy:

Continue hearing for not less than 30 to 45 days to give trustee appointed an opportunity to assess whether or not to support the debtor's plan of reorganization.

6/12/21 -- Court approved stipulation continuing hearing to July 14, 2021 at 11:00 a.m. OFF CALENDAR FOR JUNE 14, 2021.

6/30/21 -- Court approved stipulation continuing hearing to August 18, 2021 at 10:00 a.m. OFF CALENDAR FOR JULY 14, 2021.

8/12/21 -- Court approved stipulation continuing hearing to September 29, 2021 at 10:00 a.m. OFF CALENDAR FOR AUGUST 18, 2021.

9/21/21 -- Court approved stipulation continuing hearing to October 27, 2021 at 10:00 a.m. OFF CALENDAR FOR SEPTEMBER 29, 2021.

10/21/21 -- Court approved stipulation continuing hearing to December 8, 2021 at 2:00 p.m. OFF CALENDAR FOR OCTOBER 27, 2021.

Tentative Ruling:

Party Information

Debtor(s):

Kfir Gavrieli Represented ByJeffrey M. Reisner

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10:00 AMKfir GavrieliCONT... Chapter 11

Kerri A LymanWilliam N Lobel

Trustee(s):

Robert Allan Kors (TR) Represented ByWilliam SchumacherMark ShindermanMohammad Tehrani

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fr. 3-31-21, 5-5-21, 6-16-21, 7-14-21, 8-18-21, 9-29-21

1Docket


10/22/21 - Robert Kors

10/22/21 - Mark Shinderman

10/25/21 - Peter Gilhuly

10/25/21 - Daniel Schecter

10/26/21 - Edward McNeilly

10/26/21 - Jeffrey Resiner


10/27/21 - Najah Shariff

Courtroom Deputy:

Continue status for not less than 30 to 45 days to give trustee appointed an opportunity to acquaint himself/herself with the case.

6/12/21 -- Court approved stipulation continuing hearing to July 14, 2021 at 11:00 a.m. OFF CALENDAR FOR JUNE 14, 2021.

6/30/21 -- Court approved stipulation continuing hearing to August 18, 2021 at 10:00 a.m. OFF CALENDAR FOR JULY 14, 2021.

Tentative Ruling:

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Tentative Ruling for August 18, 2021:At trustee's request, continue case status conference to September 29, 2021 at 10:00 a.m. to be heard concurrently with other matters scheduled for that date and time. (No new status report required.)

With regard to trustee's request that the court set a hearing on September 8, 2021 at 2:00 p.m. for a hearing on interim and monthly fee applications, court is confused. The order granting the debtor's motion and establishing monthly payment procedures (docket no. 103) does not contemplate a hearing when there has been an objection to a monthly fee application. Instead, the debtor is to pay 80 percent of the undisputed amount of the fees and 100 percent of the costs and the court is to consider any disputed amounts at the next interim fee hearing or at such other time as may be noticed by the professional whose monthly fee application was the subject of an objection. If the trustee wants final fee applications to be heard on October 13, 2021, wouldn't it make more sense to have the pending applications and objections heard at that time? -----------------------------Tentative Ruling for October 27, 2021:

Hearing required.

Party Information

Debtor(s):

Kfir Gavrieli Represented ByJeffrey M. ReisnerKerri A LymanWilliam N Lobel

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#9.10 Final Fee Application for Compensation and Reimbursement of Expenses for Steptoe & Johnson LLP, Debtor's Attorney, Period: 2/1/2021 to 6/8/2021[Fees requested: $1,722,838.60, Expenses: $85,166.57]

fr. 10-13-21

452Docket









Courtroom Deputy:

10/12/21 -- Court approved stipulation continuing hearing to October 27, 2021 at 10:00 a.m. OFF CALENDAR FOR OCTOBER 13, 2021.

Court shares the Unatins concerns as to the enormous amount of fees incurred in a case that was not particularly complex and in which not much progress appears to have been made; however, Court notes that both the Unatins and the debtor appear to have been suffering from the urge to "overlawyer" this case and that the size of the fees incurred by the debtor may be driven in part by the amount of opposition that he encountered from

Tentative Ruling:

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the Unatins. Nevertheless, any fees allowed in response to the application need to have been actually and necessarily incurred and not incurred merely because the client was particularly demanding and insistent upon taking actions and incurring fees that were not necessarily in the best interest of the bankruptcy estate. Although the client is the one permitted to give the marching instructions, when an attorney represents a debtor in possession, if those instructions would cause the attorney to act in a manner (or incur fees) that would not inure to the benefit of the estate (i.e., are not necessary), the attorneys' professional responsibilities may require the attorney to resign if the attorney is unable to persuade the client to cease and desist.

(Note: Court does not share the view that, in order to be compensable, applicant must demonstrate that fees resulted in a benefit to the estate. Services rendered needed to have been for the benefit of the estate and had to have been actually and necessarily incurred. The fact that they may not ultimately have produced a benefit is not the standard.)

Having said all that, it is nevertheless difficult for the court to evaluate at this point in the case whether significant portions of the work performed, for example, with regard to the plan, will prove to have been valuable or not. Therefore, even with regard to professionals who are not continuing in the case, the Court is reluctant to make any award entered at this time a final as distinguished from an interim award. And, in light of the very real concerns raised by the Unatins and shared by the Court, it would be prudent to ensure that the professionals do not receive more in response to this application than they may ultimately be allowed in this case, as disgorgement is always unpleasant and, in some instances, uncertain.

In light of the foregoing, allow and authorize payment on an interim basis of 100 percent of the costs requested in the application and the fee amount requested in the application, less the holdbacks proposed in the stipulation attached to the joint reply to the Unatins' objection. Court can revisit at final fee time whether additional amounts should be allowed and authorized for payment or whether further deductions would be appropriate.

Party Information

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Debtor(s):Kfir Gavrieli Represented By

Jeffrey M. ReisnerKerri A LymanWilliam N Lobel

Movant(s):

Steptoe & Johnson LLP Represented ByJeffrey M. Reisner

Trustee(s):


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#9.20 Final Fee Application for Compensation and Reimbursement of Expenses for Theodora Oringher PC, Special Counsel, Period: 2/1/2021 to 6/17/2021[Fees requested: $656,538.50, Expenses: $339.64]

fr. 10-13-21

455Docket









Courtroom Deputy:


See tentative ruling for matter 9.10.

Tentative Ruling:

Party Information

Debtor(s):


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Movant(s):

Theodora Oringher PC Represented ByWilliam N LobelJeffrey M. Reisner

Trustee(s):


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#9.30 Final Application for Compensation and Reimbursement of Expenses for Holland & Hart, LLP, Special Counsel, Period: 2/1/2021 to 7/28/2021[Fees requested: $243,784.00, Expenses: $0.00]

fr. 10-13-21

449Docket









Courtroom Deputy:



Tentative Ruling:

Party Information

Debtor(s):


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Movant(s):

Holland & Hart, LLP Represented ByJeffrey M. Reisner

Trustee(s):


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#9.40 Final Application for Compensation and Reimbursement of Expenses for Hueston Hennigan LLP, Special Counsel, Period: 2/1/2021 to 7/28/2021[Fees requested: $616,101.75, Expenses: $8,753.71]

fr. 10-13-21

447Docket




10/25/21- Marshall Camp





10/26/21 - Shannon Coit


Courtroom Deputy:



Tentative Ruling:

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Party Information

Debtor(s):

Kfir Gavrieli Represented ByJeffrey M. ReisnerKerri A LymanWilliam N Lobel

Movant(s):

HUESTON HENNIGAN LLP Represented ByJeffrey M. Reisner

Trustee(s):


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10:00 AMAirport Van Rental, Inc., a California corporation2:20-20876 Chapter 11

#10.00 Debtor's Motion Authorizing Debtor to Assume Unexpired Leases of Nonresidential Real Property

616Docket *** VACATED *** REASON: GRANTED. APPEARANCES WAIVED

- NONE LISTED -

Courtroom Deputy:

Grant motion. Authorize debtor to assume leases. Waive appearances. Debtor is authorized to upload order consistent with tentative ruling.

Tentative Ruling:

Party Information

Debtor(s):

Airport Van Rental, Inc., a California Represented ByZev ShechtmanJohn N Tedford IVMichael G D'AlbaAlphamorlai Lamine Kebeh

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10:00 AMEnriqueta Abarca Castro2:21-12539 Chapter 7

#11.00 Motion to Reopen Chapter 7 Case

21Docket

- NONE LISTED -

Courtroom Deputy:

Court needs more information and has been unable to obtain that information without conducting a hearing. What is debtor actually trying to accomplish by this motion? It is not clear what effect counsel thinks reopening the case and amending the schedules will have. Court will not reopen the case if it would be a useless and unnecessary exercise. Hearing required.

Tentative Ruling:

Party Information

Debtor(s):

Enriqueta Abarca Castro Represented ByChristopher J Lauria

Movant(s):

Enriqueta Abarca Castro Represented ByChristopher J Lauria

Trustee(s):

Howard M Ehrenberg (TR) Pro Se

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11:00 AMGlenroy Coachella, LLC2:21-11188 Chapter 11

#100.00 Status Conference re: U.S. Real Estate Credit Holdings III-A, LP's Motion to Excuse State Court Receiver, Edwin Leslie, From Turnover of Assets Under 11 U.S.C. Section 543

fr. 3-10-21, 4-7-21, 5-5-21, 7-7-21, 7-28-21, 8-18-21, 8-31-21, 9-29-21, 9-30-21

42Docket


10/6/21 - Caroline Djang

10/22/21 - Ed Hays

10/25/21 - Timothy Laquer

10/26/21 - Mark Haroupian

Courtroom Deputy:

Tentative Ruling from March 10, 2021:

It is not the case that appointment of a trustee moots this motion. Debtor only owns a portion of the title to the affected real property as a tenant in common. There are three other owners who are not in bankruptcy. The receiver was not appointed for the debtor. The receiver was appointed to take charge of the property. It makes no sense to have the receiver controlling three of the undivided interests in the property and the debtor's trustee controlling the other. If there are concerns about the choice of Mr. Leslie as the receiver, the court will grant relief from stay to permit the trustee that the court will appoint in response to the motion on calendar as number 4 to litigate those concerns on behalf of the debtor, should he or she elect to do so. ------------------------------Final Ruling from March 10, 2021:

Tentative Ruling:

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11:00 AMGlenroy Coachella, LLCCONT... Chapter 11

Court appointed trustee in response to related motion. Court continued hearing on this motion to April 7, 2021 at 10:00 a.m. to give the trustee an opportunity to consider his/her position with regard to this motion. Order continuing hearing should clarify that receiver may remain in possession pending outcome of the hearing on this motion.-------------------------------------3/26/21 -- Court approved stipulation continuing hearing to May 5, 2021 at 10:00 a.m. OFF CALENDAR FOR APRIL 7, 2021.

Tentative Ruling for May 5, 2021:

Trustee requests a continuance to July 7, 2021 at 10:00 a.m. and that the status quo be maintained in the interim. Grant trustee's request. Continue hearing to July 7, 2021 at 10:00 a.m. Authorize receiver to remain in possession in the interim. (Counsel for receiver should lodge order to this effect.)

Movant objects and claims that the trustee should abandon the estate's interest in the real property. But that is not the relief requested by this motion. If the movant would like the trustee to abandon the property and the trustee is not willing to do so, the lender should bring a motion to compel abandonment. The granting of a motion to permit the lender to remain in possession would not amount to the abandonment of the estate's interest in the property, nor would it result in termination of the automatic stay. It would simply permit the receiver to remain as the custodian of the property while the trustee continues to administer the estate.

NOTE: Movant complains that the co-tenants are demanding concessions in exchange for their willingness to convey their interests to the estate, but what obligation do they have to convey these interests to the estate? The trustee could no doubt file an adversary proceeding under section 363(h), but that would entail expense and delay. -------------------------------6/28/21 -- Court approved stipulation continuing hearing to July 28, 2021 at 10:00 a.m. and excusing receiver from turnover in the interim. OFF CALENDAR FOR JULY 7, 2021.

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7/16/21 -- Court approved stipulation continuing hearing to August 18, 2021 at 10:00 a.m. and excusing receiver from turnover in the interim. OFF CALENDAR FOR JULY 28, 2021.

8/6/2021 -- Court approved stipulation continuing hearing to August 31, 2021 at 2:00 p.m. and excusing receiver from turnover in the interim. OFF CALENDAR FOR AUGUST 18, 2021.

8/23/2021 -- Court approved stipulation continuing hearing to September 29, 2021 at 10:00 a.m. and excusing receiver from turnover in the interim. OFF CALENDAR FOR AUGUST 31, 2021.---------------------------------Tentative Ruling for September 29, 2021:

When does current stipulation expire? Hearing should be continued to September 30, 2021 at 10:00 a.m. as holding date, but receiver should be excused from turnover in the interim (and, if court approves sale, until sale closes). --------------------------------------Tentative Ruling for October 27, 2021:

When will sale to lender close? How much longer does the receiver need to remain in possession? Hearing required.

Party Information

Debtor(s):

Glenroy Coachella, LLC Represented ByDaniel J WeintraubCrystle Jane LindseyJames R Selth

Movant(s):

U.S. Real Estate Credit Holdings III- Represented ByMarsha A HoustonChristopher O Rivas

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Trustee(s):Richard A Marshack (TR) Represented By

Chad V HaesD Edward Hays

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11:00 AMAlex A. Khadavi2:21-14449 Chapter 11


fr. 7-28-21

1Docket *** VACATED *** REASON: CONT'D. TO 12/1/21 @ 10AM


10/18/21 - Leo Plotkin

10/21/21 - Michael Berger

10/25/21 - Thomas Geher

10/26/21- Mark Haroupian


Courtroom Deputy:

Is the Sarbonne Road property currently occupied by anyone? Did the debtor have the house constructed or remodeled? If so, when was the construction/remodeling completed? Did the debtor ever live in the property? If so, when did the debtor move out of the property?

Has there been any interest in the Sarbonne property? Are buyers touring the property? Status report states that property is listed at $80,000,000, but Compass website, Zillow, etc. lists the property for sale at $87,777.77. Why the difference?

Who is Allan Khadavi? Who is John Ebra?

Set bar date and deadline for serving notice of bar date.

Tentative Ruling:

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11:00 AMAlex A. KhadaviCONT... Chapter 11

7/28/21 -- Court approved scheduling order setting following dates:

Cont'd status conference -- October 27, 2021 at 11:00L/D to file updated status report -- October 15, 2021L/D to serve notice of bar date -- August 2, 2021Bar date -- September 30, 2021-------------------------------Tentative Ruling for October 27, 2021:

Continue case status conference to December 1, 2021 to be heard concurrently with continued hearing on sale motion. APPEARANCES WAIVED ON OCTOBER 27, 2021.

Party Information

Debtor(s):

Alex A. Khadavi Represented ByMichael Jay Berger

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11:00 AMColdwater Development LLC2:21-10335 Chapter 11

#102.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: Parcels in Beverly Hills, California

MOVANT: GIVE BACK, LLC.

fr. 3-30-21, 5-11-21, 5-26-21, 7-14-21, 9-1-21

59Docket


10/25/21- Jesse Finlayson

10/25/21 - Hind AbdulKader

10/26/21 - Ted Cohen

10/26/21 - Mohamed Hadid

10/26/21 - Jeffrey Reeves


10/26/21 - Aram Ordubegian

10/26/21 - Mitchell Rishe

10/26/21 - Daniel Lev

Courtroom Deputy:

Tentative Ruling for March 30, 2021:

Grant motion insofar as it requests comfort order clarifying that automatic stay does not preclude movant from exercising its rights and remedies as against

Tentative Ruling:

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11:00 AMColdwater Development LLCCONT... Chapter 11

nondebtors under its guaranties and membership interest pledge agreements.

Debtors response to the motion is that there is a sizeable equity cushion, based upon its appraisal; however, opposition does not dispute or even respond to movant's contention that the value of movant's collateral is declining in value due to debtors' continuing failure to pay real estate taxes. Trustee's sale guaranties reflect that all of the properties are tax defaulted for nonpayment of taxes going back to 2018. (Accrual of interest on debtors' obligations to movant does not constitute a loss in value for which movant is entitled to receive adequate protection.)

Court acknowledges that, even if there is no equity in property, as these lots are the debtors' only assets, they are necessary to any possible reorganization, but the Court is not yet in a position to determine whether any reorganization is likely to occur within a reasonable period. Court is not inclined to schedule an evidentiary hearing as to the value of the property, as the court will not rely on the existence of an equity cushion as adequate protection when there is an actual and quantifiable diminution in value occurring due to the nonpayment of real property taxes and the accrual of interest thereon.

What is the aggregate amount of real estate taxes currently outstanding with regard to the lots and at what rate do these unpaid taxes accrue interest? How much more in real estate taxes will become delinquent if not paid by April 10? If debtors want an opportunity to try to reorganize their affairs in chapter 11, they will need to at least keep the size of the debt senior to movant from increasing while they attempt to do so.

Enter adequate protection order that conditions continuation of the automatic stay on the debtors' remaining current with post-petition real estate taxes and making monthly payments to movant in an amount that is not less than the amount of interest and penalties that are accruing monthly on the unpaid real property taxes.

Set continued hearing on balance of relief requested in motion for approximately 90 days, by which time court should have a better sense of

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whether there is likely to be a reorganization within a reasonable period. ---------------------------------Final Ruling for March 30, 2021 (see order entered April 1, 2021):

Court entered adequate protection order requiring debtors to pay $55,261.26 to lender by close of business on April 9, 2021. (Lender will promptly pay taxes and bear responsibility for any penalties if real property taxes not paid by April 10, 2021.) If debtors don't pay this amount by April 9, 2021, debtors must pay this amount plus an additional $5,526.10 by April 15, 2021. In addition, debtors must pay $22,972.26 by April 15, 2021 and $7,657.42 by the 15th of each calendar month thereafter. Payments must be by wire or other immediately available funds. Debtors can have one 14-day cure period. Continue hearing on balance of relief to May 11, 2021 at 10:00 a.m.------------------------------------Tentative Ruling for May 11, 2021:

Docket does not reflect the filing of any declarations re default, and debtor filed status report reflecting that required payments have been made. Debtor requests that hearing be taken off calendar, but court intentionally set a continued hearing to consider the issue of whether the debtor is likely to be able to propose a confirmable plan within a reasonable period. What progress has the debtor made toward confirmation of a plan in this chapter 11 case? Hearing required. ------------------------------------Tentative Ruling for May 26, 2021:

Debtor claims to be in compliance with adequate protection order. Revisit motion after conclusion of status conference. --------------------------------Tentative Ruling for July 14, 2021:

Provided debtor remains current on adequate protection order, revisit motion after conclusion of hearing on related matters on calendar.---------------------------------------Final Ruling for July 14, 2021:

Continue hearing to September 1, 2021 at 10:00 a.m.

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--------------------------------------Tentative Ruling for October 27, 2021:

Provided debtor remains current on adequate protection order, revisit motion after conclusion of hearing on related matters on calendar.

Party Information

Debtor(s):

Coldwater Development LLC Represented ByAram OrdubegianM Douglas FlahautAnnie Y StoopsDylan J Yamamoto

Movant(s):

Give Back LLC Represented ByDaniel A LevRonald N Richards

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#103.00 Debtor's Motion For An Order:

(1) Authorizing Bidding Procedures For The Sale Of Estate Property

(2) Approving The Sale Of Property Under 11 U.S.C. § 363 Free And Clear Of Liens, Claims, And Encumbrances, Subject To Higher And Better Offers

(3) Approving The Form And Manner Of Notice

fr. 9-1-21

83Docket

6/23/21 - Debtor's First Amended Motion Filed











Courtroom Deputy:

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Tentative Ruling from September 1, 2021:

Court rejects Give Back's contention that, because it holds a lien on all of the lots owned by the debtors, that the debtors may not sell less than all of the lots without its consent. If a debtor can demonstrate that a sale free and clear is appropriate under section 363(f), the fact that the asset to be sold is less than all of the lender's collateral is irrelevant.

Further, the Court will not let Give Back advance the argument that the debtor is precluded from selling free and clear of other lender's secured claims. That is an argument for them to advance, not Give Back. If they are not objecting to a sale free and clear (or to the debtor's contention that their liens are the subject of a bona fide dispute),court will not permit Give Back to advance this argument.

None of the cases cited by Give Back for the proposition that a dispute as to the amount of a debt cannot qualify as a bona fide dispute for the purpose of satisfying the requirements of section 363(f)(4) are binding on this court, and none of these cases stands for the proposition that the dispute must relate to perfection or ownership of the debt. This court is satisfied that a dispute as to the validity and enforceability of various charges asserted by the lender in its calculation of the amount of the debt can satisfy the requirements of section 363(f)(4). There is a pending state court action based on this dispute and the lender has not succeeded in having this lawsuit summarily dismissed. The court need not adjudicate the merits of the dispute in order to assess whether or not the dispute is bona fide, but the court is satisfied that, here, Give Back's interest is the subject of a bona fide dispute.

Moreover, based on the calculations the debtor has provided, and the significantly reduced broker's fee that the debtor has negotiated (and the fact that real estate taxes cannot be double-counted -- that is, included as a lien that must be satisfied as well as added to the balance due the lender), it does appear that there will be sufficient proceeds available to satisfy Give Back's lien in full. Therefore, a sale free and clear of Give Back's lien appears warranted under section 363(f)(3) as well.

Tentative Ruling:

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Court is not persuaded that the debtor can sell free and clear of Give Back's lien under section 363(f)(5). Prior to the BAP's ruling in Clear Channel, this court read section 363(f)(5) as standing for the proposition that a sale free and clear may be authorized under this section unless the objecting party holds an interest that gives rise to a right of specific performance. The BAP rejected this approach in Clear Channel, and there does not appear to be another mechanism under applicable nonbankruptcy law pursuant to which Give Back could be compelled to accept less than payment in full as a monetary satisfaction of its claim. However, this is irrelevant because, as set forth above, it appears that the court may approve a sale free and clear under either section 363(f)(3) or section 363(f)(4).

Court need not finally adjudicate the amount of Give Back's claim in order to proceed with a sale. In the context of credit bidding, it is appropriate to permit Give Back to credit bid only the undisputed portion of its claim. Any other approach would be unworkable and ill-advised. If Give Back wants to bid more than this amount, it will need to bid the amount of any such excess in cash, but, if Give Back is the successful bidder and prevails when the claim dispute is resolved, any excess funds would be returned to Give Back.

Court rejects the "artificial floor" argument advanced by Give Back as a basis for disapproving a sale. If Give Back believes that the purchase price proposed in the Option A sale is artificially inflated and that the proposed purchaser either does not exist or does not intend to perform, the solution for Give Back is simple. It should not credit bid. There is no reason for Give Back to bid, either through a credit bid or a bid that is part cash and part credit, an amount that exceeds whatever Give Back believes the property is worth. If the court were to approve the Option A sale to PCV, one of two things will be true -- either PCV will perform or it will not. If PCV fails to perform, the estate will still own the property, and the estate will be enhanced by the now nonrefundable deposit of $1.5M. If PCV performs, there will be sufficient funds available to satisfy Give Back's claim in full. (Even if Give Back believes that its claim will exceed the amount of the net proceeds, it will still have four additional lots available as collateral. And even if Give Back is correct in asserting that the value of these lots will be reduced because they will become land-locked, it is hard to imagine that these lots will be worth less

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than the amount necessary to satisfy what Give Back contends would be the remainder of its claim.)

Therefore, the only issue that concerns the court at this point is whether or not PCV has permitted Give Back to conduct discovery to obtain information of the kind that the Court has advised must be disclosed. Has Give Back been provided any additional information? And, if so, what, if anything, of note did this additional information reveal? As the Court has previously advised, the court will not approve a proposed sale to PCV unless PCV is forthcoming in providing Give Back with information of the kind set forth in this Court's June 15, 2021 order denying Give Back's application for an order shortening time.

Hearing required.

(NOTE: Because court will not approve a sale to PCV under Option A unless it is persuaded that the parties are acting in good faith and have made sufficient disclosures, it would be appropriate for an order approving the sale to include a 363(m) finding. However, in light of Give Back's opposition to the sale, court would not include a waiver of the 14-day stay.

If court does not approve Option A, court will grant request that it schedule an auction for all 6 lots as set forth in Option B of the amended motion.) -------------------------------Final Ruling for September 1, 2021:

See order entered September 17, 2021. Court denied the motion with regard to the sale of the debtor's two lots to Pacific Green Vista. Court scheduled a hearing with regard to the sale of the debtor's six lots for October 27, 2021 at 11:00 a.m. Court approved bidding procedures and set a deadline of December 13, 2021 for the filing of a declaratory relief action as to the disposition of PGV's $1.5M deposit. -------------------------------------------Tentative Ruling for October 27, 2021:

Grant motion. Approve sale to highest bidder free and clear of liens, including the newly discovered liens, with the liens to attach to the sale

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proceeds with the same validity and priority that they had as against the property. Are there any qualified bidders? Does Give Back intend to credit bid? Hearing required.

Party Information

Debtor(s):


Movant(s):


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fr. 3-3-21, 5-26-21, 7-14-21, 9-1-21

1Docket











Courtroom Deputy:

Set deadline for debtor to file notice of bar date and bar date. If debtors are able to arrange for refinancing for their properties, would this case remain in chapter 11 or do the debtors anticipate being in a position to move to dismiss these cases? Hearing required.

3/8/21 -- Court approved scheduling order with following dates:

Tentative Ruling:

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L/D to file proofs of claim -- 4/30/21L/D for governmental units to file proofs of claim -- 7/14/21L/D to serve notice of bar date -- 3/8/21Cont'd status conference -- 5/26/21 at 11:00 a.m.L/D to file updated status report -- 5/14/21--------------------------------Tentative Ruling for May 26, 2021:

According to declaration from debtor's counsel, on May 11, 2021, he received proof from the escrow company that the earnest money deposit of $1.5M had been deposited into escrow. Proposed buyer was also suposed to sign a purchase agreement by that date. Has that occurred? If not, when is this supposed to occur? And how long does the buyer have to complete its due diligence? Hearing required.------------------------------Tentative Ruling for July 14, 2021:

Revisit status of case after conclusion of hearing on proposed sale.--------------------------Tentative Ruling for September 1, 2021:

Continue case status conference to date of hearing on sale of 6 lots --October 27, 2021 at 11:00 a.m. Debtor should file updated status report not later than October 15, 2021. --------------------------------Tentative Ruling for October 27, 2021:

Revisit status of case after conclusion of related hearings on calendar.

Party Information

Debtor(s):


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11:00 AMRaymond Madjidian Tash2:21-11716 Chapter 11

#105.00 Final Application for Compensation and Reimbursement of Expenses for Gregory Kent Jones (TR), Trustee, Period: 3/4/2021 to 8/31/2021,[Fees requested: $16,920.00, Expenses: $0.00]

fr. 10-14-21

138Docket


10/7/21 - Summer Shaw

10/14/21 - Ms. Lopez

10/26/21 - Paul Marks

10/26/21- Kenneth Catanzarite


Courtroom Deputy:

Allow fees requested -- $16,020. If court grants motion to dismiss, allow fees on a final basis. If court denies motion, allow fees on an interim basis.

Tentative Ruling:

Party Information

Debtor(s):

Raymond Madjidian Tash Represented BySummer M ShawYuriko M Shikai

Movant(s):

Gregory Kent Jones (TR) Pro Se

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11:00 AMRaymond Madjidian TashCONT... Chapter 11

Trustee(s):Gregory Kent Jones (TR) Pro Se

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#106.00 Scheduling and Case Management Conference in a Chapter 11 Subchapter V Case

fr. 4-21-21, 4-28-21, 7-27-21, 8-11-21, 10-14-21

1Docket

7/15/21 - Notice to pay Court costs in the amount of $350.00 was sent to Summer Shaw, Debtor's Counsel and must be paid prior to this hearing.



10/14/21 - Ms. Lopez




Courtroom Deputy:

Tentative Ruling for October 27, 2021:

Revisit status of case after conclusion of hearings on related matters on calendar. Should this case be converted to chapter 7?

Tentative Ruling:

Party Information

Debtor(s):


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Trustee(s):


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#107.00 Debtor's Motion for Order:

1. Authorizing the Refinance of Real Property

2. Authorizing Payment of all Court and Administrative Fees and Cost

3. Dismissing Case

fr. 8-11-21, 10-14-21

100Docket

7/15/21 - Notice to pay Court costs in the amount of $350.00 was sent to Summer Shaw, Debtor's Counsel and must be paid prior to this hearing.






Courtroom Deputy:

Tentative Ruling from October 14, 2021:

Court granted motion on an interim basis by order entered August 13, 2021. Pursuant to that order, debtor was to file a declaration with the court after the refinance has closed, providing a copy of the final closing statement, showing all encumbrances paid and all fees and costs paid from the refinance. Court continued hearing to October 14, 2021 at 10:00 a.m. to hear fee applications and thereafter enter an order dismissing case if financing has closed.

Tentative Ruling:

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Has the financing closed? Has the debtor filed the required declaration? Court was not able to locate anything on the docket. Hearing required.-----------------------------------Final Ruling from October 14, 2021:

No financing as of yet. Debtor had to change lenders. Lender may want something in writing that case will be dismissed. Continue hearing to October 27, 2021 at 11:00 a.m.-------------------------------------Tentative Ruling for October 27, 2021:

What is the status of this matter? Have there been any developments on the financing front? Hearing required.

Party Information

Debtor(s):


Movant(s):

Raymond Madjidian Tash Represented BySummer M ShawSummer M ShawSummer M ShawYuriko M ShikaiYuriko M ShikaiYuriko M Shikai

Trustee(s):


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Lee et al v. Tash et alAdv#: 2:21-01071

#108.00 Status Conference re: 62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud))(68 (Dischargeability - 523(a)(6), willful and malicious injury)),(14 (Recovery of money/property - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))), (91 (Declaratory judgment))Complaint by Sung Y. Lee, Sung Y. Lee DMD, Inc. against Raymond Madjidian Tash, Raymond M. Tash, D.D.S., A Professional Corporation

fr. 6-29-21, 7-27-21, 8-11-21, 10-14-21

1Docket






Courtroom Deputy:

Plaintiff obtained a replacement summons on May 15, 2021. Was that summons served in a timely manner? If not, why not? Hearing required.

6/24/21 -- Court approved stipulation continuing status conference to July 27, 2021 at 2:00 p.m. OFF CALENDAR FOR JUNE 29, 2021.

Tentative Ruling for July 27, 2021:

Court could continue hearing to August 11, 2021 at 10:00 a.m. to be heard concurrently with motion to dismiss underlying bankruptcy case (as this action

Tentative Ruling:

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will become moot if the case is dismissed), but parties have also requested that this matter be sent to mediation and status report does not request a further continuance. Do the parties want to be ordered to mediation now or should the court continue the status conference to coincide with the hearing on the motion to dismiss?

At request of parties, continue hearing to August 11, 2021 at 10:00 a.m. to be heard concurrently with other matters. OFF CALENDAR FOR JULY 27, 2021. NO APPEARANCE REQUIRED.--------------------------------Tentative Ruling for August 11, 2021:

Action will become moot if case is dismissed. Revisit status of action after conclusion of hearing on matter no. 109 on calendar.----------------------------------Final Ruling for August 11, 2021:

Continue status conference to October 14, 2021 at 10:00 a.m. Court waived requirement that joint status report be filed.------------------------------------Tentative Ruling for October 27, 2021:

If the financing has not closed, the case will not be dismissed and this action will not become moot. Continue status conference approximately 90 to 120 days and order parties to complete a day of mediation prior to the date of the continued status conference.

Party Information

Debtor(s):


Defendant(s):

Raymond Madjidian Tash Pro Se

Raymond M. Tash, D.D.S., A Represented BySummer M Shaw

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Plaintiff(s):

Sung Y. Lee Represented ByKeneth J Catanzarite

Sung Y. Lee DMD, Inc. Represented ByKeneth J Catanzarite

Trustee(s):


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Lee, DDS et al v. Tash et alAdv#: 2:21-01073

#109.00 Status Conference re: 01 (Determination of removed claim or cause)) Notice of Removal of Action by Raymond Madijidian Tash

fr. 6-29-21, 7-27-21, 8-11-21, 10-14-21

1Docket






Courtroom Deputy:

Tentative Ruling for July 27, 2021:

Court could continue hearing to August 11, 2021 at 10:00 a.m. to be heard concurrently with motion to dismiss underlying bankruptcy case, but parties have also requested that this matter be sent to mediation and status report does not request a further continuance. And this action will not be moot even if the case is dismissed, as this is the lawsuit that was removed from state court. Do the parties want to be ordered to mediation now or should the court continue the status conference to coincide with the hearing on the motion to dismiss?

At request of parties, continue hearing to August 11, 2021 at 10:00 a.m. to be heard concurrently with other matters. OFF CALENDAR FOR JULY 27, 2021. NO APPEARANCE REQUIRED.

Tentative Ruling:

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----------------------------------Tentative Ruling for August 11, 2021:

Although action will not be moot even if the underlying bankruptcy case is dismissed, action would need to be remanded. Revisit status of action after conclusion of hearing on matter no. 109 on calendar.------------------------------------Final Ruling for August 11, 2021:

Continue status conference to October 14, 2021 at 10:00 a.m. Court waived requirement that joint status report be filed.------------------------------------Tentative Ruling for October 27, 2021:

If the financing has not closed, the case will not be dismissed and this action will not be remanded. Continue status conference approximately 90 to 120 days and order parties to complete a day of mediation prior to the date of the continued status conference.

Party Information

Debtor(s):


Defendant(s):

Raymond Madijidian Tash Represented ByPaul S MarksYuriko M Shikai

Raymond M. Tash, D.D.S. a Represented ByPaul S MarksYuriko M ShikaiSummer M Shaw

Plaintiff(s):

Sung Young Lee, DDS Represented By

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Keneth J Catanzarite

Sung Y. Lee DMD, Inc. Represented ByKeneth J Catanzarite

Trustee(s):


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Mendez et al v. Tash, D.D.SAdv#: 2:21-01086

#110.00 Status Conference re: 91 (Declaratory judgment)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) Complaint by Tomas Mendez, Dulce Mendez against Raymond M. Tash D.D.S.

fr. 7/13/21, 8-10-21, 8-11-21, 10-27-21

1Docket






Courtroom Deputy:


If the financing has not closed, the case will not be dismissed and this action will need to move forward. Continue status conference approximately 90 to 120 days and order parties to complete a day of mediation prior to the date of the continued status conference.

Tentative Ruling:

Party Information

Debtor(s):


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Defendant(s):Raymond M. Tash D.D.S Represented By

Yuriko M Shikai

Plaintiff(s):

Tomas Mendez Represented ByKeneth J Catanzarite

Dulce Mendez Represented ByKeneth J Catanzarite

Trustee(s):


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11:00 AMAdvanced Environmental Group LLC2:21-12761 Chapter 11

#111.00 Trustee's Motion For Order:

(1) Authorizing Assumption And Assignment Of Bare Boat (Barge) Charter And Bare Boat (Tug) Charter To Delos Eco Barge Ii, LLC;

(2) Authorizing Assumption And Assignment And/Or Transfer Of Berth Agreements And/Or Estates Rights Therein To Delos;

(3) Authorizing Grant Of License To Delos To Use Debtors Patented Advanced Maritime Emission Control System;

(4) Approving Related Assignment And License Agreement;

(5) Waiving 14-Day Automatic Stay Of Order Granting Motion

(6) Granting Ancillary Relief[OST]

188Docket


10/25/21 - Daniel Weintraub

10/25/21 - Brian Ladin

10/25/21 - Eve Karasik

10/25/21 - Jeffrey Wong

10/26/21 - Richard Golubow

10/26/2 1- Corey Weber

Courtroom Deputy:

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11:00 AMAdvanced Environmental Group LLCCONT... Chapter 11

10/26/21 - David Albers

10/26/21 - Leslie Cohen

10/26/21 - Ellen McGlynn

10/26/21 - Howard Ehrenberg

10/26/21 - Asa Hami

10/26/21 - Gregory Jones


10/26/21 - Douglas Tabachnik

10/26/21 - Terry Coniglio

10/26/21 - Richard Munro

Many of the parties in interest were served with notice of the hearing by overnight mail on October 25, 2021. The proof of service does not specify whether the trustee requested that the deliveries occur by 9:00 a.m. Therefore, it is not clear whether the parties served in this manner received notice that their responses were due by 4 pm on October 26 before or after 4 pm on October 26. (Pac6 and the City/Port of Long Beach received notice by email on October 25, 2021.)

The motion makes sense and appears to be in the best interest of the estate, and court understands the need for urgency here in light of the effective date of the order granting relief from stay, but is this amount of notice really sufficient to provide due process here? How is Pac6 to assess in a meaningful manner whether there is likely to be adequate assurance of future performance from the proposed assignee of the bare boat charters (barge and tug)? Will the Port of Long Beach have an adequate opportunity to raise any concerns that it may have with regard to the proposed assignment of the

Tentative Ruling:

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11:00 AMAdvanced Environmental Group LLCCONT... Chapter 11

berth assignment agreements? (Obviously, the assignee could apply for its own temporary berth assignments, but the court assumes that the assignee would like to be able to leave the two vessels in the slips that they currently occupy.)

The best result would be for Pac6 to agree that it will not exercise any of its rights or remedies for a period of two to three weeks so that parties in interest can resolve any issues that may be raised by the proposed agreements in the interim.

Hearing required.

Party Information

Debtor(s):

Advanced Environmental Group Represented ByLeslie A Cohen

Trustee(s):

Gregory Kent Jones (TR) Represented ByDaniel A LevAsa S Hami

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2:00 PMSeda Bederian2:18-24340 Chapter 7

#200.00 Trustee's Final Report and Applications for Compensation

60Docket *** VACATED *** REASON: APPROVED. APPEARANCES WAIVED.

- NONE LISTED -

Courtroom Deputy:

Approve trustee's final report in full. APPEARANCES WAIVED. TRUSTEE IS AUTHORIZED TO UPLOAD ORDER CONSISTENT WITH TENTATIVE.

Tentative Ruling:

Party Information

Debtor(s):

Seda Bederian Represented ByAris ArtouniansChristian T Kim

Trustee(s):

Carolyn A Dye (TR) Represented ByChristian T KimJames A Dumas Jr

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2:00 PMRaymond Earl Mattox, Jr and Porsche Elizabeth Mattox2:20-13303 Chapter 7



- NONE LISTED -

Courtroom Deputy:


Tentative Ruling:

Party Information

Debtor(s):

Raymond Earl Mattox Jr Represented ByElaine Nguyen

Joint Debtor(s):

Porsche Elizabeth Mattox Represented ByElaine Nguyen

Trustee(s):

John P Pringle (TR) Represented ByToan B Chung

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2:00 PMAquanette S Mitchel2:20-15088 Chapter 7



- NONE LISTED -

Courtroom Deputy:


Tentative Ruling:

Party Information

Debtor(s):

Aquanette S Mitchel Pro Se

Trustee(s):

Elissa Miller (TR) Pro Se

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2:00 PMSamy MORSY2:21-10909 Chapter 7



- NONE LISTED -

Courtroom Deputy:


Tentative Ruling:

Party Information

Debtor(s):

Samy MORSY Represented ByKaveh Ardalan

Trustee(s):

Heide Kurtz (TR) Pro Se

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2:00 PMMr. Holmes, Inc.2:21-10943 Chapter 7

#204.00 Interim Application for Compensation and Reimbursement of Expenses for LEA Accountancy, LLP, Accountant Period: 2/17/2021 to 9/3/2021[Fees requested: $6,787.50, Expenses: $45.20]

67Docket *** VACATED *** REASON: GRANTED. APPEARANCES WAIVED.

- NONE LISTED -

Courtroom Deputy:

Grant application. Allow on interim basis fees of $6,787.50 and costs of $45.20. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.

Tentative Ruling:

Party Information

Debtor(s):

Mr. Holmes, Inc. Represented ByDavid B Zolkin

Movant(s):

LEA Accountancy, LLP Pro Se

Trustee(s):

Rosendo Gonzalez (TR) Represented ByZev ShechtmanAlphamorlai Lamine Kebeh

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2:00 PMMr. Holmes, Inc.2:21-10943 Chapter 7

#205.00 First Interim Application For Compensation And Reimbursement Of Expenses for Danning Gill Israel & Krasnoff LLP, General Counsel, Period: 2/16/2021 to 7/31/2021[Fees requested: $110,657.00, Expenses: $3,950.71]

fr. 9-29-21

60Docket *** VACATED *** REASON: GRANTED. APPEARANCES WAIVED.

- NONE LISTED -

Courtroom Deputy:

9/17/21 -- Court approved stipulation continuing hearing date to October 27, 2021 at 2:00 p.m. OFF CALENDAR FOR SEPTEMBER 29, 2021.


Grant application. Allow on interim basis fees of $126,372 and costs of $3,950.71. Ratify payments made to date and authorize payment of remaining balance due on pro rata basis from available funds. APPEARANCES WAIVED. APPLICANT IS AUTHORIZED TO LODGE ORDER(S) GRANTING APPLICATION(S) ON TERMS CONSISTENT WITH TENTATIVE RULING.

Tentative Ruling:

Party Information

Debtor(s):

Mr. Holmes, Inc. Represented ByDavid B Zolkin

Movant(s):

Danning Gill Israel & Krasnoff LLP Represented ByZev Shechtman

Trustee(s):

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2:00 PMMr. Holmes, Inc.CONT... Chapter 7

Zev ShechtmanAlphamorlai Lamine Kebeh

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2:00 PMRancho Cielo Estates, LTD2:20-12306 Chapter 11

#206.00 Original Disclosure Statement Describing Original Chapter 11 Plan

106Docket


10/26/21 - Bernard Hansen

10/26/2 1- Joseph Dunn

10/26/21 - Robert Mannebach(listen only)

10/26/21 - Don Breen (listen only)


10/26/21 - William Coffee

10/26/21 - Laura Blome

10/26/21 - Jeffrey Shinbrot

Courtroom Deputy:

The Court has the following comments and concerns with regard to the debtor's plan and disclosure statement:

1. Disclosure statement needs additional discussion concerning SureTec's bonds and how/why it is appropriate for the debtor to enter into an agreement that limits SureTec's exposure. But for this reduction, the majority of the funds necessary to pay unsecureds will not be available. Reply says that the debtor is in discussions with the County concerning this, but, if the debtor cannot do this without the county's consent, this should be disclosed in the disclosure statement and it should be a condition precedent to confirmation.

Tentative Ruling:

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2:00 PMRancho Cielo Estates, LTDCONT... Chapter 11

2. Plan cannot provide for a discharge or a discharge injunction for the debtor. Debtor is selling substantially all or all of its assets and will not be remaining in business. See 1141(d)(3).

3. There should be a disputed claim reserve unless debtor does not anticipate filing any claim objections.

4. No portion of an administrative claim may be paid after the effective date without the consent of the holder of the administrative claim.

5. If the plan contemplates paying any portion of priority claims after the effective date, the deferred portion will need to be paid with interests so that the claimant receives the present value of the claim as of the effective date.

6. Debtor says that it will be amending its schedules to delete the Stockpile Removal claim. Notice needs to go to the holder of that claim so that they will have an opportunity to file a proof of claim now that the creditor will not be deemed to have filed a proof of claim.

7. Additional information about who Avanti is and how the debtor located the buyer would be helpful. There is very limited information in the current version of the disclosure statement on these topics.

Party Information

Debtor(s):

Rancho Cielo Estates, LTD Represented ByJeffrey S Shinbrot

Movant(s):


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2:00 PMRancho Cielo Estates, LTD2:20-12306 Chapter 11


fr. 4-29-20, 8-5-20, 10-21-20, 12-16-20, 3-10-21, 5-26-21, 9-1-21

1Docket


10/26/21 - Bernard Hansen

10/26/2 1- Joseph Dunn

10/26/21 - Robert Mannebach(listen only)

10/26/21 - Don Breen (listen only)


10/26/21 - William Coffee

10/26/21 - Laura Blome

10/26/21 - Jeffrey Shinbrot

Courtroom Deputy:

Tentative Ruling for April 29, 2020:

Set deadline for service of notice of bar date and bar date. Continue case status conference approximately 90 to 120 days. Set deadline for filing updated status report.

4/29/20 -- Court approved scheduling order setting following dates:

Tentative Ruling:

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L/D to mail notice of bar date -- May 15, 2020Bar date -- July 10, 2020Cont'd status conference -- August 5, 2020 at 11:00L/D to file updated status report -- July 24, 2020-------------------------------------Tentative Ruling for August 5, 2020:

Were the proofs of claim filed in line with the debtor's expectations or did anything surprising get filed? What does the debtor anticipate that its plan will look like? Hearing required. -------------------------------------Final Ruling for August 5, 2020:

Continue case status conference to October 21, 2020 at 11:00 a.m. Debtor should file updated status report not later than October 9, 2020.------------------------------------------Tentative Ruling for October 21, 2020:

Set deadline for filing sale motion and deadline for filing plan of reorganization. ------------------------10/23/20 -- Court entered scheduling order with following dates:

L/D for debtor to file sale motion -- November 25, 2020Hearing on sale motion -- December 16, 2020 at 11:00 a.m.Continued status conference -- December 16, 2020 at 11:00 a.m.Requirement of updated status report is waived unless no hearing on sale motion is conducted at same time as status conference, in which event status report should be filed by December 4, 2020. -----------------------------------Tentative Ruling for December 16, 2020:

Although Court reserves the right to dismiss a case at a status conference in the order setting the initial status conference, court is concerned that a sua sponte dismissal would not provide sufficient notice to parties in interest. Continue case status conference to date that can serve as the date of a hearing on a motion to dismiss that the debtor should file.

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---------------------------------Tentative Ruling for March 10, 2021:

Continue status conference to May 26, 2021 at 11:00 a.m. (to see if debtor has filed motion for approval of sale procedures by that date). Debtor should file updated status report by May 14, 2021. APPEARANCES WAIVED ON MARCH 10, 2021.--------------------------------------Tentative Ruling for May 26, 2021:

Deny request that status report filed by RCLC be stricken, but grant debtor's request for a further continuance. Continue status conferences to September 1, 2021 at 11:00 a.m. Debtor should file updated status report not later than August 20, 2021. APPEARANCES WAIVED ON MAY 26, 2021.----------------------------------------Tentative Ruling for September 1, 2021:

Continue case status conference to October 27, 2021 at 2:00 p.m. to be heard concurrently with disclosure statement that debtor intends to file and notice for hearing on that date. Debtor should file updated status report not later than October 18, 2021, if, for any reason, the debtor will not be moving forward with a hearing on a disclosure statement on October 27, 2021 at 2:00 p.m. APPEARANCES WAIVED ON SEPTEMBER 1, 2021. ----------------------------Tentative Ruling for October 27, 2021:

Revisit status of case after conclusion of hearing on disclosure statement.

Party Information

Debtor(s):


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2:00 PMSamuel Michael Saber2:18-16688 Chapter 7

#208.00 Trustee's Application for Order Authorizing Employment of Corcoran Global Living to Replace Cal American Homes & Realty to Act as Real Estate Broker to Market and Sell Real Property Located at 450 Via Lido Soud, Newport Beach, CA 92663-4901 (APN 423-203-09)

836Docket


10/14/21 - Sharon Weiss

10/26/21 - Elissa Miller

10/26/21 - Charles Marshall

Courtroom Deputy:

None of the arguments advanced in the opposition as to the problems the trustee is likely to encounter in locating a buyer has any bearing on whether the court should permit the trustee to retain a broker to market the property. If the debtor's dire predictions come true, there will be no bidders, but this is not a reason for the trustee to not even attempt to locate a purchaser. Moreover, none of the problems that the debtor has outlined are likely to be a problem in the context of a 363 sale. The court can enter an order giving the buyer clean title that should enable the buyer to acquire title insurance.

The opposition does not disclose what litigation the debtor is talking about, but, if the debtor is simply referring to his ongoing attempt to overturn the bankruptcy court order converting the case to chapter 7 or to reverse the order approving the compromise with Chase, none of this will have any bearing on the validity of any sale that the trustee may consummate to a good faith purchaser in the interim.

With regard to the broker's qualifications, the court is satisfied with the trustee's business judgment that this broker will be able to adequately market the property. Overrule objection. Approve application.

Tentative Ruling:

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2:00 PMSamuel Michael SaberCONT... Chapter 7

Party Information

Debtor(s):

Samuel Michael Saber Represented ByCharles T Marshall

Movant(s):

John J Menchaca (TR) Represented ByElissa Miller

Trustee(s):

John J Menchaca (TR) Represented ByElissa Miller

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all hearings scheduled for today will be conducted

Documents