Tentative Ruling. Party Information Debtor opposed asserting that she will cure the deficiency on or before the hearing. APPEARANCE REQUIRED unless Trustee stipulates to continue. Debtor(s): Xxxxxx Xxxxxxxxxxx Represented By Xxxxxx Xxxx Trustee(s): Xxxxxxxxx (SV) X Xxxxx (TR) Pro Se 11:00 AM 1:16-12374 Xxxxxx Xxxxxx Amirabad Chapter 13 #93.00 Trustee's Motion to Dismiss Case for Failure to Submit All Tax Returns fr. 10/22/19 Docket 45 *** VACATED *** REASON: Withdrawal of motion filed 10/31/19. [Dkt.51] Tentative Ruling: - NONE LISTED - Party Information Debtor(s): Xxxxxx Xxxxxx Amirabad Represented By Xxxxx X Xxxxx Trustee(s): Xxxxxxxxx (SV) X Xxxxx (TR) Pro Se 11:00 AM 1:16-12578 Xxxxx Xxxxx Chapter 13 #94.00 Trustee's Motion to Dismiss Case for Failure to Submit All Tax Returns Docket 78 *** VACATED *** REASON: Trustee filed a withdrawal - Doc. #84. lf Tentative Ruling: Party Information - NONE LISTED - Debtor(s): Xxxxx Xxxxx Represented By Xxxxxxx X Xxxxxx Trustee(s): Xxxxxxxxx (SV) X Xxxxx (TR) Represented By Xxx X Xxxx 11:00 AM
Tentative Ruling. For the foregoing reasons, the Court is inclined to DENY the motion to dismiss and the motion for default judgment, and CONTINUE the hearing on the motion for summary 2:00 PM CONT...
Tentative Ruling. This reaffirmation agreement, ECF doc. 13, appears to be a duplicate of the reaffirmation agreement that was filed as ECF doc. 14, which is set as cal. no. 0.04 Both documents are related to a retail sales contract for a 2017 Toyota RAV-4 (VIN ending in 2764), but ECF doc. 13 did not have a copy of the contract attached to the reaffirmation agreement. Aside from this, the Court could not discern a difference between the two agreements. If this reaffirmation, ECF doc 13, is a duplicate, this matter will be vacated. APPEARANCE REQUIRED Party Information Debtor(s): Xxxxxxx Xxxxxxx Represented By Xxxxxx X Xxxxxx Trustee(s): Xxx X Xxxxxxx (TR) Pro Se 1:20-12249 Xxxxxxx Xxxxxxx Chapter 7 #0.06 Reaffirmation Agreement with Toyota Motor Credit Corporation Docket 14 8:30 AM CONT... Xxxxxxx Xxxxxxx Chapter 7 Tentative Ruling: Petition date: 12/22/20 Was Reaffirmation Agreement filed w/in 60 days of the conclusion of the 1st 341(a) meeting as required by LR 4008-1? Yes Discharge?: No Property: 2017 Toyota RAV-4 Debtor’s valuation of property (Sch. B): $18,000 Amount to be reaffirmed: $16,788.73 APR: 0.00% Contract terms: $479.69 per month for 35 months Monthly Income (Schedule I): $1,488 Monthly expenses: (Schedule J): $1,674 Disposable income: <$14.00> Sec. 524(k) disclosures received in writing prior to Xxxxxx’s signing the agreement? Yes If disposable income is insufficient to make payments, then there is a rebuttable presumption of undue hardship. Did Debtor explain how he/she will be able to afford the payments in Part D? Xxxxxx states that she intends to go back to work and, in the meantime, she maintains that her family will help her make the payments. This payment is provided for in Sch. J. Debtor has a right to rescind agreement anytime prior to discharge, or until March 20, 2021, whichever is later. 8:30 AM CONT... Xxxxxxx Xxxxxxx Chapter 7 Party Information Debtor(s): Xxxxxxx Xxxxxxx Represented By Xxxxxx X Xxxxxx Trustee(s): Xxx X Xxxxxxx (TR) Pro Se 1:20-12273 Xxxxxxxx Xxxxxxxx Xxxx Chapter 7 #0.07 Reaffirmation Agreement with Santander Consumer USA Inc. Docket 9 Tentative Ruling: Petition date: 12/28/20 Was Reaffirmation Agreement filed w/in 60 days of the conclusion of the 1st 341(a) meeting as required by LR 4008-1? Yes Discharge?: No Property: 2016 Nissan Altima Debtor’s valuation of property (Sch. B): $9,564 Amount to be reaffirmed: $10,491.46 APR: 17.99% (fixed) Contract terms: $358.56 per month for 38 months Monthly Income (Schedule I): $3,528.58 ...
Tentative Ruling. All parties agreed to continue at the last hearing. Debtor opposes explaining that he already made a $4,000 payment and that he intends to catch up on payments. APPEARANCE REQUIRED unless Trustee stipulates to continue. Party Information Debtor(s): Xxxx Xxxxxxx Represented By Xxxxx Xxxx Trustee(s): Xxxxxxxxx (SV) X Xxxxx (TR) Pro Se 11:00 AM 1:19-10040 Xxxxxx Xxxxx Chapter 13 #130.00 Motion to Dismiss Case for Failure to Make Plan Payments fr. 9/24/19 Docket 47 Tentative Ruling: Cont’d. fr. 9-24-19 At the last hearing, all parties agreed to continue. Xxxxxx opposed explaining that she will bring payment receipts at the 9-24-19 hearing and/or she will file a motion to modify/suspend plan payments. Debtor has not filed a motion to modify/suspend plan payments. APPEARANCE REQUIRED unless Trustee stipulates to continue. Party Information Debtor(s): Xxxxxx Xxxxx Represented By Xxxxx X Xxxxx Trustee(s): Xxxxxxxxx (SV) X Xxxxx (TR) Pro Se 11:00 AM 1:19-10727 Xxxx Xxxxxxx Xxxxx Chapter 13 #131.00 Objection to Homestead Exemption fr. 7/30/19, 9/24/19 Docket 21 Tentative Ruling: Cont’d. fr. 9-24-19 Trustee informed the court at the last hearing that Debtor is going to take photos of the antiques to determine if it has any value. The schedules will need to be amended if a household items is valued over $600. The paralegal of Xxxxxx’s attorney submitted a declaration with photos of the household items. APPEARANCE REQUIRED unless Trustee stipulates to continue.
Tentative Ruling. As discussed on the record at the prior status conference on September 22, 2022, appearances are required in person today in the courtroom by counsel of Party Information record. Appearances by telephone or by special appearance counsel are not authorized for the hearing. Debtor(s): Xxxxxx Xxxxx Xxxxxxx Represented By Xxx Xxxx Defendant(s): Xxxxxx Xxxxx Xxxxxxx Pro Se Plaintiff(s): Abdiana Properties, Inc. and Represented By Xxxxxxx X Xxxxx Trustee(s):
Tentative Ruling. At the last hearing, Xxxxxx’s attorney did not appear but had substitute counsel specially appear. Xxxxxx stated that her attorney’s office is not acknowledging receipt of information she forwarded about payments she made. Xxxxxx’s attorney needs to appear to explain the difference in position between the debtor and the lender. APPEARANCE REQUIRED unless Trustee stipulates to continue. Party Information Debtor(s): Xxxxx Xxxxxx Represented By Xxxxxxx Xxxxxxxxx Trustee(s): Xxxxxxxxx (SV) X Xxxxx (TR) Pro Se 11:00 AM 1:17-11310 Xxxxx Xxxxxx Chapter 13 #128.00 Motion to Dismiss Case for Failure to Make Plan Payments fr. 6/25/19, 7/30/19, 9/24/19; 11/19/19 Docket 78 Matter Notes: - NONE LISTED - Tentative Ruling: Cont’d. fr. 11-19-19 At the last hearing, Xxxxxx stated that there is a discrepancy between the balance on her account and the payments she made. Xxxxxx’s attorney is ordered to appear to explain the discrepancy. See #127 above. 11-19-19 Tentative Below:
Tentative Ruling. Based on the foregoing, the Court is inclined to DENY the Motion, finding bad faith on the part of the Debtors in connection with the bankruptcy filing. 11:00 AM CONT... Xxxxxxx Xxxx Xxxxxx and Xxxxxxxxx Xxxxxx Chapter 7 APPEARANCES REQUIRED. Party Information Debtor(s): Xxxxxxx Xxxx Xxxxxx Represented By Xxxxxxx Xxxxx Xxxxx X Xxxxxx Joint Debtor(s): Xxxxxxxxx Xxxxxx Represented By Xxxxxxx Xxxxx Xxxxx X Xxxxxx Movant(s): Xxxxxxx Xxxx Xxxxxx Represented By Xxxxxxx Xxxxx Xxxxx X Xxxxxx Xxxxxxxxx Xxxxxx Represented By Xxxxxxx Xxxxx Xxxxx X Xxxxxx Trustee(s): Xxxxxx X Xxxxxxxxx (TR) Represented By Xxxxx X Xxxxxx Xxxxxxx Xxxxx 2:00 PM 6:14-22067 Xxxx X. Xxxx Chapter 7 Adv#: 6:21-01018 Xxxx x. Xxxxxx et al #4.00 CONT. Plaintiff's Motion for Default Judgment [Holding Date] From: 4/20/21,6/8/21,1/18/22, 4/6/22 EH [Case transferred from Judge Xxxx Xxxxxxx on 2/24/22] [Tele. appr. Xxxx Xxxx, pro se Plaintiff] Docket 6 Tentative Ruling: 5/4/2022
Tentative Ruling. Debtor filed this Motion to sell the property located at 0000 Xxxxxx Xxxxxx, Unit 53, Reseda, CA 91335. The proposed sale price is $230,000. No proceeds will remain after the sale. Trustee is authorized to demand upon escrow the remaining balance after escrow’s payment of the encumbrances to U.S. Bank, BoNYM, and Citibank, even though the amount is insufficient to pay off the Plan. U.S. Bank, as holder of the 1st trust deed and a claim of $303,597.31 opposed. U.S. Bank has a RFS motion that was continued from 11-13-19 to 11-19-19 at 11:00 a.m. U.S. Bank opposes because the proposed sale would only generate $171,066.81 for U.S. Bank. U.S. Bank denied Xxxxxx’s request for a short sale. Trustee approves of the sale on the condition that Trustee can take the statutory fees on claims paid through escrow; Trustee receives all net proceeds and the final closing statement; and Trustee can increase the % to unsecured creditors if funds permit. Xxxxxx replied asserting that U.S. Bank’s conduct is unreasonable and in bad faith. Debtor indicates that U.S. Bank had notice of the short sale at a hearing and that there is a buyer for the short sale since August 2019. Debtor asserts that if this Motion is denied and RFS is not granted, the property value would only generate $220,000. In addition, a foreclosure sale will prejudice the second lienholder because it will not receive any proceeds. A foreclosure sale will also allegedly prejudice Debtor by having the foreclosure on his record, which will financially ruin him for another 10 years. Debtor asserts that BSI for US Bank refused to conduct an appraisal, declined the short sale, and demanded the full amount. APPEARANCE REQUIRED.
Tentative Ruling. Debtors opposed arguing that they will provide 2016, 2017, and 2018 state and federal tax returns before the hearing. APPEARANCE REQUIRED unless Trustee stipulates to continue. Party Information Debtor(s): Xxxxx Xxxxxxx Represented By Xxxxx X Xxxxx Joint Debtor(s): Xxxxx Xxxxxxx Represented By Xxxxx X Xxxxx Trustee(s): Xxxxxxxxx (SV) X Xxxxx (TR) Pro Se 11:00 AM
Tentative Ruling. It looks like the opposition came in late and an order was entered dismissing the case. As debtor believes he can cure, the dismissal order was vacated. The parties should advise at the hearing when the cure can be made. APPEARANCE REQUIRED unless Trustee stipulates to continue. Party Information Debtor(s): Xxxx Xxxxx Xxxxxxx Represented By Xxxxxx X Xxx Trustee(s): Xxxxxxxxx (SV) X Xxxxx (TR) Pro Se 11:00 AM 1:18-10891 Xxxxx Xxxxxxxxxx and Xxxx Xxxxxx Chapter 13 #121.00 Motion RE: Objection to Claim Number 7 by Claimant Xxxxxxx Xxxxx. fr. 10/23/18; 4/23/19, 6/25/19; 8/20/19, 9/24/19 Docket 54 Tentative Ruling: Cont’d. fr. 9-24-19 At the last hearing, Xxxxxxx’ counsel said that the state trial is complete, and she filed a proposed judgment, which the state court judge has not signed yet. There is a motion for attorney’s fees in state court. The parties agreed to continue for Debtors to file an amended plan and for the parties to discuss the objection to claim and adversary proceeding. APPEARANCE REQUIRED. Party Information Debtor(s): Xxxxx Xxxxxxxxxx Represented By Xxxxxx X Xxxxxx Joint Debtor(s): Xxxx Xxxxxx Represented By Xxxxxx X Xxxxxx Trustee(s): Xxxxxxxxx (SV) X Xxxxx (TR) Pro Se 11:00 AM 1:18-10891 Xxxxx Xxxxxxxxxx Chapter 13 Adv#: 1:18-01067 Xxxxx et xx x. Xxxxxxxxxx et al #122.00 Status conference re complaint for:
