United States Bankruptcy Court Central District of...

United States Bankruptcy CourtCentral District of California

Judge Mark Wallace, PresidingCourtroom 6C Calendar

Santa Ana

Monday, May 18, 2020 6C Hearing Room

9:00 AMEdgar Sebastian Vazquez and Ligia Vazquez8:19-10670 Chapter 13

#1.00CONT'D Motion for relief from stay [Real Property]

The Bank of New York Mellon Trust Company, N.A. As Successor-In-Interest To All Permitted Successors And Assigns Of JPMorgan Chase Bank, National Association, As Trustee For Specially Underwriting And Residential Finance Trust Mortgage Loan Asset-Backed Certificates, Series 2005-BC3 vs. DEBTORS(Motion filed 2/10/2020)

[RE: 1396 Shannon Lane, Costa Mesa, CA 92626]

FR: 3-9-20; 4-13-20

47Docket

The Courthouse has been closed to the public by order of the Chief Judge of the

United States District Court for the Central District of California. Therefore, in-

person appearances at hearings are expressly prohibited, and any person who is

required to appear at a hearing or who desires to appear at a hearing must appear

telephonically through CourtCall. If a tentative ruling states "Appearances not

required", this does not mean that appearances are prohibited, but if a person

desires to appear, such appearance must be telephonic and cannot be in person.

TELEPHONIC APPEARANCES REQUIRED.

The Court will inquire into the status of this matter.

Tentative Ruling:

Party Information

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9:00 AMEdgar Sebastian Vazquez and Ligia VazquezCONT... Chapter 13

Debtor(s):

Edgar Sebastian Vazquez Represented ByChristopher J Langley

Joint Debtor(s):

Ligia Vazquez Represented ByChristopher J Langley

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

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9:00 AMMaria Felix8:19-14566 Chapter 11

#2.00CONT'D Motion for relief from stay [Real Property]

U.S. Bank National Association As Trustee, Relating To Home Equity Mortgage Trust Series 2007-2, Home Equity Mortgage Pass-Through Certificates, Series 2007-2 vs. DEBTOR(Motion filed 3/18/2020)[Continued As A Holding Date]

[RE: 7712 Jackson Way A, B, C, D, Buena Park, California 90620]

FR: 4-13-20

48Docket

The Courthouse has been closed to the public by order of the Chief Judge of the

United States District Court for the Central District of California. Therefore, in-

person appearances at hearings are expressly prohibited, and any person who is

required to appear at a hearing or who desires to appear at a hearing must appear

telephonically through CourtCall. If a tentative ruling states "Appearances not

required", this does not mean that appearances are prohibited, but if a person

desires to appear, such appearance must be telephonic and cannot be in person.


The Court will inquire as to the status of a possible settlement.

Tentative Ruling:

Party Information

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9:00 AMMaria FelixCONT... Chapter 11

Debtor(s):Maria Felix Represented By

Michael JonesSara Tidd

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9:00 AMJames Alvin Grove8:19-14723 Chapter 7

Nigolian et al v. GroveAdv#: 8:20-01026

#3.00Hearing RE: Motion For Stay Pending Resolution Of Arbitration(Motion filed 4/22/20)

6Docket

United States District Court for the Central District of California. Therefore, in-person appearances at hearings are expressly prohibited, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person.


Plaintiffs commenced an adversary proceeding against Debtor and now ask the Court to stay the very same adversary proceeding. Plaintiffs opened the door to the resolution of the underlying claim by commencing this adversary proceeding. Having elected to proceed in this Court, the Court will not permit Plaintiffs to back away from the very controversy that they initiated. The Motion is denied.

However, due to the pandemic, the Court will entertain arguments that any deadline imposed by the Court with respect to conclusion of discovery or the hearing of pretrial motions should be set out more distantly in the future than is customary.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Tentative Ruling:

Party Information

Debtor(s):

James Alvin Grove Represented By

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9:00 AMJames Alvin GroveCONT... Chapter 7

Michael N NicastroMichael G Spector

Defendant(s):

James Alvin Grove Represented ByMichael G Spector

Plaintiff(s):

Sarine Nigolian Represented ByGrant A Nigolian

Grant Nigolian Represented ByGrant A Nigolian

Trustee(s):

Jeffrey I Golden (TR) Pro Se

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9:00 AMJames Alvin Grove8:19-14723 Chapter 7

#4.00Motion for relief from stay [Action In Non-Bankruptcy Forum]

Grant Nigolian, Sarine Nigolian, Azad Sabounjian, And Susan Sabounjian vs. DEBTOR(Motion filed 4/22/2020)

[RE: In re James Alvin Grove (U.S. Bankruptcy Court, Central District Of California. - Southern Division][Case Number: 8:19-bk-14723-MW - “JG Bk”) And[RE: In re James A. Grove Inc. ((U.S. Bankruptcy Court, Central District Of California. - Southern Division][Case Number: 8:20-bk-10046 - “Inc. Bk.”)

81Docket


APPEARANCES NOT REQUIRED.

The Court will continue the hearing to November 30, 2020 at 9:00 a.m. in view of the pandemic and the possible need for an evidentiary hearing.

COURT TO PREPARE ORDER.

Tentative Ruling:

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9:00 AMJames Alvin GroveCONT... Chapter 7

Party Information

Debtor(s):

James Alvin Grove Represented ByMichael N NicastroMichael G Spector

Trustee(s):

Jeffrey I Golden (TR) Pro Se

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Santa Ana


2:00 PMJoJo's Pizza Kitchen Inc8:11-21300 Chapter 7

#1.00CONT'D Hearing RE: Trustee's Amended Final Report And Applications For Compensation And Reimbursement Of Expenses(Final Report filed 12/12/19)(Amended Final Report filed 12/20/19)

[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee][Fees: $20,847.49; Expenses: $10.00]

[RE: WEILAND GOLDEN GOODRICH, LLP - Attorney For Chapter 7 Trustee][Fees: $78,860.00; Expenses: $1,901.26]

[RE: SHULMAN BASTIAN, LLP - Special Counsel For Chapter 7 Trustee][Fees: $60,339.24; Expenses: $1,408.67]

[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee][Fees: $30,198.00; Expenses: $1,266.50]

Prior Chapter Fees And Administrative Expenses:

[RE: THE DILLINGER LAW FIRM PC][Prior Chapter Administrative Expenses - Claim No. 23 - $26,288.38]

[RE: SHULMAN HODGES & BASTIAN LLP - Attorney For Debtor-In-Possession][Fees: $177,973.00; Expenses: $10,020.18]

FR: 1-27-20; 2-24-20; 4-13-20

301Docket

Tentative Ruling:

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2:00 PMJoJo's Pizza Kitchen IncCONT... Chapter 7



In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).

The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.

The compensation is approved as to the Trustee, with fees in the amount of $20,847.49 and expenses in the amount of $10.00.

The compensation is approved as to Weiland Golden Goodrich LLP, with fees in the amount of $78,860.00 and expenses in the amount of $1,901.26.

The compensation is approved as to Shulman Bastian LLP, with fees in the amount of $180,257.00 and expenses in the amount of $9,248.24.

The compensation is approved as to Hahn Fife & Company LLP, with fees in the amount of $30,198.00 and expenses in the amount of $1,266.50.

The compensation is approved as to United States Trustee, with fees in the amount of $1,632.08.

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The compensation is approved as to FTB, with fees in the amount of $3,690.56.

Proposed payments are all approved.

CHAPTER 7 TRUSTEE TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Party Information

Debtor(s):

JoJo's Pizza Kitchen Inc Represented ByLeonard M ShulmanMelissa Davis Lowe

Trustee(s):

Jeffrey I Golden (TR) Represented ByLeonard M ShulmanBeth GaschenMelissa Davis Lowe

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#2.00CONT'D Hearing RE: First And Final Application For Approval Of Chapter 11 Fees And Reimbursement Of Expenses For The Period From January 7, 2013 Through September 24, 2014(Motion filed 1/7/29)

[RE: SHULMAN BASTIAN LLP - Counsel For The Chapter 11 Debtors][Fees: $180,257.00; Expenses: $9,248.24]

FR: 1-27-20; 2-24-20; 4-13-20

306Docket



The Court will grant the Application and will award on a final basis $180,257.00 in fees and $9,248.24 in expenses and will approve a payment (subject to the availability of funds and the subordination of chapter 11 fees and expenses to chapter 7 fees and expenses) of $117,805.24.

SHULMAN BASTION LLP TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Tentative Ruling:

Party Information

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Santa Ana



Debtor(s):

JoJo's Pizza Kitchen Inc Represented ByLeonard M ShulmanMelissa Davis Lowe

Trustee(s):


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#3.00CONT'D Hearing RE: Trustee's Amended Final Report And Applications For Compensation And Reimbursement Of Expenses(Final Report filed 12/12/19)(Amended Final Report filed 12/20/19)

[RE: JEFFREY I. GOLDEN, Chapter 7 Trustee][Fees: $21,096.11; Expenses: $0.00]

[RE: WEILAND GOLDEN GOODRICH, LLP - Attorney For Chapter 7 Trustee][Fees: $0.00; Expenses: $0.00]

[RE: SHULMAN BASTIAN, LLP - Special Counsel For Chapter 7 Trustee][Fees: $0.00; Expenses: $0.00]

[RE: HAHN FIFE & COMPANY, LLP - Accountant For Chapter 7 Trustee][Fees: $0.00; Expenses: $0.00]

Prior Chapter Fees And Administrative Expenses:

[RE: THE DILLINGER LAW FIRM PC][Prior Chapter Administrative Expenses - Claim No. 19 - $52,576.61]

[RE: SHULMAN HODGES & BASTIAN LLP - Attorney For Debtor-In-Possession][Fees: $0.00; Expenses: $0.00]

FR: 1-27-20; 2-24-20; 4-13-20

298Docket

Tentative Ruling:

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In a case under chapter 7 or 11, the court may allow reasonable compensation under § 330 to the trustee for the trustee's services, payable after the trustee renders such services, not to exceed 25% on the first $5,000 or less, 10% on any amount in excess of $5,000 but not in excess of $50,000, 5% on any amount in excess of $50,000 but not in excess of $1,000,000, and reasonable compensation not to exceed 3% of such moneys in excess of $1,000,000, upon all moneys disbursed or turned over in the case by the trustee to parties in interest, excluding the debtor, but including holders of secured claims. 11 U.S.C. § 326(a).

The Court finds that the Trustee's requested compensation meets the requirements of 11 U.S.C. § 326(a) and represents reasonable compensation for actual, necessary services rendered in the administration of this estate.

The compensation is approved as to the Trustee, with fees in the amount of $21,096.11 and expenses in the amount of $0.

The compensation is approved as to IMS, with fees in the amount of $12,433.04 and expenses in the amount of $0.

The compensation is approved as to United States Trustee, with fees in the amount of $659.08.


Party Information

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Santa Ana



Debtor(s):JoJo's Pizza Kitchen Inc Represented By

Leonard M ShulmanMelissa Davis Lowe

Trustee(s):


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2:00 PMKathy D Gorski and Michael A Gorski8:19-13904 Chapter 11

#4.00CONT'D Hearing RE: Motion For Order: (1) Approving Sale Of Real Property Free And Clear Of Liens; (2) Authorizing Disbursement Of Sale Proceeds(Motion filed 3/17/2020)

[RE: 17017 7th Street, Sunset Beach, CA 90742]

FR: 4-13-20; 4-20-20

84Docket

The Courthouse has been closed to the public by order of the Chief Judge of the United States District Court for the Central District of California. Therefore, in-person appearances at hearings are expressly prohibited, and any person who is required to appear at a hearing or who desires to appear at a hearing must appear telephonically through CourtCall. If a tentative ruling states "Appearances not required", this does not mean that appearances are prohibited, but if a person desires to appear, such appearance must be telephonic and cannot be in person.


The Court, whose tentative ruling is to grant the motion to abandon this property, will deny this sale motion as moot.


Tentative Ruling:

Party Information

Debtor(s):

Kathy D Gorski Represented ByAndy C WarshawArnold H. Wuhrman

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Santa Ana


2:00 PMKathy D Gorski and Michael A GorskiCONT... Chapter 11

Joint Debtor(s):

Michael A Gorski Represented ByAndy C WarshawArnold H. Wuhrman

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Santa Ana



#4.10Hearing RE: Debtor's Motion To Abandon Property Of The Estate(Motion filed 4/23/20)

98Docket



The Court intends to grant the Motion.

DEBTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Tentative Ruling:

Party Information

Debtor(s):

Kathy D Gorski Represented ByAndy C WarshawArnold H. Wuhrman

Joint Debtor(s):

Michael A Gorski Represented ByAndy C WarshawArnold H. Wuhrman

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#4.20CONT'D STATUS CONFERENCE Hearng RE: (1) Status Of Chapter 11 Case; And (2) Requiring Report On Status Of Chapter 11 Case(Petition filed 10/4/19)

FR: 1-22-20; 5-13-20

15Docket



The Court will inquire into the Debtor's compliance with United States Trustee guidelines and requirements.

Next status conference: September 16, 2020 at 9:00 a.m.


Tentative Ruling:

Party Information

Debtor(s):

Kathy D Gorski Represented ByAndy C Warshaw

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2:00 PMKathy D Gorski and Michael A GorskiCONT... Chapter 11

Joint Debtor(s):

Michael A Gorski Represented ByAndy C Warshaw

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2:00 PMMichael Younessi8:16-15208 Chapter 11

#5.00Hearing RE: Final Fee Application For Allowance Of Professional Fees And Costs For The Period From December 27, 2016 Through December 21, 2017(Application filed 4/20/2020)

[RE: M. JONES AND ASSOCIATES - Attorney For Debtor][Fees: $60,295.00; Expenses: $2,387.27]

[Post-Confirmation Fees: $60,910.80; Expenses: $0.00]

TOTAL: Fees: $121,205.80; Expenses: $2,387.27]

308Docket



The Court finds that the Applicant's requested compensation represents reasonable compensation for the services rendered in the applicable time period of the application. The compensation is approved on a final basis, with fees in the amount of $123,593.07 and expenses in the amount of $2,387.27.

Applicant is authorized to withdraw such fees and expenses from Applicant's IOLTA.

APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Tentative Ruling:

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2:00 PMMichael YounessiCONT... Chapter 11

Party Information

Debtor(s):

Michael Younessi Represented ByMichael JonesSara Tidd

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2:00 PMSoCal REO Acquisitions Group LLC8:19-11375 Chapter 11

#6.00Hearing RE: Application For Payment Of Final Fees And/Or Expenses For The Period From April 15, 2019 Through April 22, 2020(Application filed 4/23/20)

[RE: VOKSHORI LAW GROUP - Attorney For Debtor][Fees: $29,750.00: Expenses: $408.75]

142Docket



The Court finds that the Applicant's requested compensation represents reasonable compensation for the services rendered in the applicable time period of the application. The compensation is approved on a final basis, with fees in the amount of $29,750.00 and expenses in the amount of $408.75.

Payment of $9,301.40 is authorized at this time.

APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Tentative Ruling:

Party Information

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2:00 PMSoCal REO Acquisitions Group LLCCONT... Chapter 11

Debtor(s):SoCal REO Acquisitions Group LLC Represented By

Nima S VokshoriHenry D Paloci

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Santa Ana


2:00 PMSouth Coast Behavioral Health, Inc.8:19-12375 Chapter 11

#7.00Hearing RE: Motion By Chapter 11 Trustee For A Third Extension Of Exclusive Periods Within Which The Debtor May File A Plan Of Reorganization And Solicit Acceptances(Motion filed 4/24/2020)

543Docket




MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Tentative Ruling:

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented ByMichael N NicastroSean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented ByTodd C. RingstadSean A OKeefe

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2:00 PMSouth Coast Behavioral Health, Inc.CONT... Chapter 11

Nanette D Sanders

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2:00 PMSouth Coast Behavioral Health, Inc.8:19-12375 Chapter 11

#8.00Hearing RE: Motion By Chapter 11 Trustee For Order Authorizing Assumption Of Real Property Leases(Motion filed 4/24/2020)

542Docket





Tentative Ruling:

Party Information

Debtor(s):

South Coast Behavioral Health, Inc. Represented ByMichael N NicastroSean A OKeefe

Trustee(s):

Thomas H Casey (TR) Represented ByTodd C. RingstadSean A OKeefe

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Santa Ana


2:00 PMSouth Coast Behavioral Health, Inc.CONT... Chapter 11

Nanette D Sanders

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Santa Ana


2:00 PMAhmad Malkawi8:15-10182 Chapter 7

#9.00Hearing RE: Motion By Debtor To Reconsider Or Vacate Order Reopening Case Or, In The Alternative, To Close Case(Motion filed 4/27/2020)

53Docket



Just as the Trustee has failed to make a sufficient showing that the bankruptcy

estate has at least some minimal interest in the Global Telecom shares, so has the

Debtor failed to make a sufficient showing establishing that no such interest is

owned by the bankruptcy estate.

The motion is denied without prejudice. No renewed motion may be filed prior to

October 31, 2020.


Tentative Ruling:

Party Information

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2:00 PMAhmad MalkawiCONT... Chapter 7

Debtor(s):Ahmad Malkawi Represented By

Zuhair NubaniMichael B Reynolds

Trustee(s):

Weneta M Kosmala (TR) Represented ByReem J Bello

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2:00 PMIce Energy Holdings, Inc.8:19-14865 Chapter 7

#10.00CONT'D Hearing RE: Chapter 7 Trustee's Motion For Order Extending Time To Assume Or Reject All Executory Contracts, Personal Property Leases And Insurance Policies Pursuant To 11 U.S.C Section 365(d)(1)(Motion filed 4/15/2020)[Notice of Withdrawal filed 5/14/2020 as to Oracle American, Inc. as successor in interest to NewSuite ONLY]

FR: 5-11-2020

120Docket



Based upon the Ninth Circuit's recent decision in Harkey v. Grobstein (In re Point Center Financial, Inc.), No. 18-56398 (9th Cir. April 29, 2020), the Court determines that it possesses the authority to grant this Motion and in fact grants the motion except as to Oracle America, Inc.


Tentative Ruling:

Party Information

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Santa Ana


2:00 PMIce Energy Holdings, Inc.CONT... Chapter 7

Debtor(s):

Ice Energy Holdings, Inc. Represented ByHamid R Rafatjoo

Trustee(s):

Thomas H Casey (TR) Represented ByJeffrey I GoldenMichael J. Weiland

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