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United States Bankruptcy Court Central District of California Judge Theodor Albert, Presiding Courtroom 5B Calendar Santa Ana Tuesday, February 25, 2020 5B Hearing Room 10:30 AM Kevin Matthew Patch 8:19-14824 Chapter 7 #1.00 Motion for relief from the automatic stay PERSONAL PROPERTY HONDA LEASE TRUST Vs. DEBTOR AND RICHARD A. MARSHACK, CHAPTER TRUSTEE 8 Docket Tentative for 2/25/20: Grant. Appearance is optional. Tentative Ruling: Party Information Debtor(s): Kevin Matthew Patch Represented By Robert P Taylor Movant(s): HONDA LEASE TRUST Represented By Vincent V Frounjian Trustee(s): Richard A Marshack (TR) Pro Se Page 1 of 34 2/24/2020 4:05:09 PM
Transcript
Page 1: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

10:30 AMKevin Matthew Patch8:19-14824 Chapter 7

#1.00 Motion for relief from the automatic stay PERSONAL PROPERTY

HONDA LEASE TRUSTVs.DEBTOR AND RICHARD A. MARSHACK, CHAPTER TRUSTEE

8Docket

Tentative for 2/25/20:Grant. Appearance is optional.

Tentative Ruling:

Party Information

Debtor(s):

Kevin Matthew Patch Represented ByRobert P Taylor

Movant(s):

HONDA LEASE TRUST Represented ByVincent V Frounjian

Trustee(s):

Richard A Marshack (TR) Pro Se

Page 1 of 342/24/2020 4:05:09 PM

Page 2: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

10:30 AMKimberlee Ann Fotiades8:17-11435 Chapter 13

#2.00 Motion for relief from the automatic stay REAL PROPERTY (cont'd from 2-04-20)

DEUTSCHE BANK NATIONAL TRUST COMPANYVs.DEBTOR

47Docket

Tentative for 2/25/20:Same

----------------------------------------------

Tentative for 2/4/20:Grant unless APO. The court is not sympathetic on post-petition, post-confirmation defaults.

Tentative Ruling:

Party Information

Debtor(s):

Kimberlee Ann Fotiades Represented ByHeather J CanningBarry E Borowitz

Movant(s):

Deutsche Bank National Trust Represented BySean C FerryAlexander K LeeEric P Enciso

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

Page 2 of 342/24/2020 4:05:09 PM

Page 3: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

10:30 AMWalter Quiroz and Carmen Quiroz8:17-11831 Chapter 13

#3.00 Motion for relief from the automatic stay REAL PROPERTY

U.S. BANK NATIONAL ASSOCIATIONVsDEBTORS

47Docket

Tentative for 2/25/20:Grant unless current or APO.

Tentative Ruling:

Party Information

Debtor(s):

Walter Quiroz Represented ByChristopher P Walker

Joint Debtor(s):

Carmen Quiroz Represented ByChristopher P Walker

Movant(s):

U.S. Bank National Association Represented BySean C FerryEric P Enciso

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

Page 3 of 342/24/2020 4:05:09 PM

Page 4: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

10:30 AMWendie Lorraine Brigham8:19-12270 Chapter 13

#4.00 Motion for relief from the automatic stay REAL PROPERTY (cont'd from 2-4-20)

WILMINGTON TRUST, NATIONAL ASSOCIATIONVs.DEBTOR

42Docket

Tentative for 2/25/20:Same.

-----------------------------------------------

Tentative for 2/4/20:Same.

------------------------------------------------

Tentative for 1/7/20:Grant unless current or APO.

Tentative Ruling:

Party Information

Debtor(s):

Wendie Lorraine Brigham Represented ByChristopher J Langley

Movant(s):

Wilmington Trust, National Represented ByJoseph C Delmotte

Page 4 of 342/24/2020 4:05:09 PM

Page 5: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

10:30 AMWendie Lorraine BrighamCONT... Chapter 13

Trustee(s):Amrane (SA) Cohen (TR) Pro Se

Page 5 of 342/24/2020 4:05:09 PM

Page 6: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

10:30 AMAdam Dennis Fay8:19-14744 Chapter 13

#5.00 Motion for relief from the automatic stay REAL PROPERTY

WEST COAST SERVICING, INC.Vs.DEBTOR

16Docket

Tentative for 2/25/20:Grant unless current or APO.

Tentative Ruling:

Party Information

Debtor(s):

Adam Dennis Fay Represented ByChristopher J Langley

Movant(s):

West Coast Servicing, Inc. Represented ByErin M McCartney

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

Page 6 of 342/24/2020 4:05:09 PM

Page 7: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMLorena Archuleta Medina8:20-10170 Chapter 7

#6.00 Order To Appear An Show Cause To Lorena Archuleta Medina Why Case Should Not Be Dismissed For Incorrect Division Per Debtor's Physical Address (Corona-Riverside ) If Possible Transfer

1Docket

Tentative for 2/25/20:Transfer or dismiss?

Tentative Ruling:

Party Information

Debtor(s):

Lorena Archuleta Medina Represented ByGiovanna M Gallo

Trustee(s):

Richard A Marshack (TR) Pro Se

Page 7 of 342/24/2020 4:05:09 PM

Page 8: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMMario Anthony Madrid, Jr and Margarita Madrid8:19-13777 Chapter 7

#7.00 Debtors Motion To Vacate Dismissal

35Docket

Tentative for 2/25/20:Grant. Appearance is optional.

Tentative Ruling:

Party Information

Debtor(s):

Mario Anthony Madrid Jr Represented ByMichael R Totaro

Joint Debtor(s):

Margarita Madrid Represented ByMichael R Totaro

Trustee(s):

Karen S Naylor (TR) Pro Se

Page 8 of 342/24/2020 4:05:09 PM

Page 9: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMChong Ae Dugan8:17-11936 Chapter 7

#8.00 Trustee's Final Report And Applications For Compensation:

WENETA M.A. KOSMALA, CHAPTER 7 TRUSTEE

WEILAND GOLDEN GOODRICH, LLP, ATTORNEY FOR CHAPTER 7 TRUSTEE

HAHN FIFE & COMPANY, LLP, CHAPTER 7 TRUSTEE'S ACCOUNTANT

U.S. BANKRUPTCY COURT - CHARGES

73Docket

Tentative for 2/25/20:Allow as prayed. Appearance optional.

Tentative Ruling:

Party Information

Debtor(s):

Chong Ae Dugan Represented ByMichael H Yi

Trustee(s):

Weneta M Kosmala (TR) Represented ByReem J Bello

Page 9 of 342/24/2020 4:05:09 PM

Page 10: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMMichael-Reese Enterprises Inc.8:18-12051 Chapter 7

#9.00 Trustee's Final Report And Applications For Compensation:

WENETA M.A. KOSMALA, CHAPTER 7 TRUSTEE

HAHN FIFE & COMPANY, LLP, CHAPTER 7 TRUSTEE'S ACCOUNTANT

INTERNATIONAL SURETIES, LTD, OTHER EXPENSES

48Docket

Tentative for 2/25/20:Allow as prayed. Appearance optional.

Tentative Ruling:

Party Information

Debtor(s):

Michael-Reese Enterprises Inc. Represented ByEliza Ghanooni

Trustee(s):

Weneta M Kosmala (TR) Represented ByReem J BelloJeffrey I Golden

Page 10 of 342/24/2020 4:05:09 PM

Page 11: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#10.00 Motion For Order Approving Stipulation Between Chapter 7 Trustee And HMC Assets, LLC As Trustee Of The CAM XV Trust

406Docket

Tentative for 2/25/20:

Grant in part:1. CAM XV Trust’s claims against the bond and Lexington are not subject to the automatic stay.2. CAM XV Trust may pursue any remedies against Lexington and the bond but may not pursue any claim against Debtor or seek enforcement of any judgment against Debtor absent further order of this court.3. The Stipulation may be executed in one or more counterparts and facsimile or electronic signature may be used in filing this document.

Deny the following as moot:1. Relief from stay under 11 U.S.C. § 362(d)(1) 2. Waiver of the 14-day stay under FRBP 4001(a)(3)

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 11 of 342/24/2020 4:05:09 PM

Page 12: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#11.00 Lexington National Insurance Corporation's Objection To And Motion To Disallow Proof Of Claim No. 32-2 FIled By HMC Assets, LLC, As Trustee Of Cam XV Truste(cont'd from 12-17-19 per order approving stip. re: claim no. 32-2 entered 11-27-19)

245Docket

Tentative for 2/25/20:

These nominally are characterized as claims objections. The main

disputed issue common to Calendar #s 11, 25, and 28 (which are discussed

in a single memorandum because they overlap) are the amounts of the

allowable portions of the claims as it appears these claims include accrued

interest (and perhaps fees) to which they may not be entitled. Lexington

National Insurance Corporation ("Lexington"), one of several surety

companies that provided Foreclosure Bonds for foreclosure sales conducted

by Debtor in Maryland and Washington D.C. has filed numerous objections to

claims against Debtor’s estate. The curiosity arises from the fact that several

of the claimants have agreed to continue the hearing scheduled for February

25, out to April 7, which explains why so many matters are vacated in this

case. However, three creditors, HMC Assets, LLC, as Trustee of the CAM

XV Trust (Claim# 32-2), Select Portfolio Servicing, Inc. (Claim #67), and

Carrington Mortgage Services (Claim #70) have decided to press ahead in

defending their claims, arguing that they are entitled to the entirety of their

claims, even though Lexington has made a fairly compelling argument that

they are only entitled to a portion of them, as will be discussed further below.

The BP Fisher Law Group, LLP ("Debtor") was a law firm that was

primarily in the business of handling residential foreclosures in the Mid-

Atlantic region. The Trust Fund Claims (as defined below) that are the subject

Tentative Ruling:

Page 12 of 342/24/2020 4:05:09 PM

Page 13: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLPCONT... Chapter 7

of the Trust Fund (as defined below) and payment by the Chapter 7 Trustee

pursuant to the Trust Fund Settlement (as defined below) arise out of

foreclosures conducted by Debtor which allegedly resulted in Debtor receiving

monies in trust that it allegedly failed to remit to the appropriate parties.

In connection with the foreclosure sales that were handled by Debtor,

there are two types of parties who may possess claims arising out of the

alleged misappropriation of foreclosure sale trust fund monies that were held

by Debtor: (A) a Buyer who provided a Buyer Deposit to Debtor when the

closing on the foreclosure sale did not actually take place for reasons not

related to the Buyer’s default (i.e., the Buyer Deposit was not returned to

them); and (B) a lender in connection with foreclosures sales where a closing

took place, an Auditor’s Report was ratified, and Debtor did not disburse the

net foreclosure sale trust fund monies as required by the ratified Auditor’s

Report.

Lexington’s argues that the trust fund claims are limited to actual trust

fund monies that were remitted to Debtor but not paid to rightful claimants.

The Buyers are only entitled to a trust fund claim in the exact amount of the

Buyer Deposit that was not returned and a lender is only entitled to a trust

fund claim in the exact amount of trust fund monies that were not paid to it as

set forth in the Foreclosure Court’s order ratifying the Auditor’s Report.

Claimants are not entitled to trust fund claims for any other alleged damages

or claims (i.e., no interest, attorney’s fees, etc.) – their trust fund claims are

limited to the exact amount of trust fund monies that were received by Debtor

and later were supposed to be delivered to them. In other words, there is a

difference between a genuine trust fund claim, which by its definition is limited

to a certain fund misappropriation, and consequential damages claims

against the Debtor.

On July 19, 2019, several months after Debtor filed its petition, the

Chapter 7 Trustee (formerly Chapter 11 Trustee (the "Trustee") filed his

Motion to Approve Compromise Under FRBP 9019 and attached

Page 13 of 342/24/2020 4:05:09 PM

Page 14: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLPCONT... Chapter 7

memorandum (the "Trust Fund Motion") (Docket Entry # 146) seeking

approval of a settlement (the "Settlement") with Debtor’s principal and his

related entity Plutos Sama Holdings, Inc. Pursuant to the Trust Fund Motion,

$3,412,000 that was held in one of BP’s bank accounts were characterized as

trust fund monies arising out of various foreclosure sales. As part of the

Settlement, BP’s principal and related entity delivered $4,000,000 to the

Trustee and ultimately the $3,412,000 of trust fund monies (the "Trust Fund")

will be used to only pay trust fund claims, i.e., claims arising out of missing

foreclosure sale proceeds that were delivered to BP in trust but never

delivered to the beneficiary (i.e., a lender, Buyer, junior lienholder, or

borrower, as appropriate) (the "Trust Fund Claims"). As the court reads it,

this fund was never designed to be a comprehensive payment of all that

victims qua creditors might be entitled to as consequential damages; it was

designed purely to refund that which were never truly Debtor’s monies. On

August 14, 2019, the court entered the Order Granting Motion to Approve

Compromise Under Rule 9019 (Docket Entry # 195) (the "Settlement Order")

establishing the procedure for filing a trust fund proof of claim. Pursuant to the

Settlement Order, the trust fund claim bar date was set as September 16,

2019.

Lexington persuasively argues that the Trust Fund Agreement put into

place a claim process solely for Trust Fund Claims that permitted creditors

whose money was being held in trust by the Debtor (but not remitted to such

creditor) to file a Trust Fund Claim in the amount of the trust fund money that

the Debtor held, but failed to remit to such creditor. In effect, Lexington

asserts, Trust Fund Creditors are being treated differently than general

unsecured creditors by way of the Trust Fund Settlement vis a vis the Trust

Fund because trust fund money is not property of the bankruptcy estate. See

In re Lopez Roman, 599 B.R. 87, 94 (Bankr. C.D. Cal. 2019) ("funds that are

deposited into an escrow account by a debtor, for the benefit of others cannot

be characterized as property of the estate"). Therefore, Trust Fund Claimants

have a senior interest in trust fund money, but only in the actual amount of

Page 14 of 342/24/2020 4:05:09 PM

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United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLPCONT... Chapter 7

trust fund money that the Debtor was holding for Trust Fund Claimants. As

such, Lexington argues, Creditors are free to assert that they have suffered

additional damages as a result of the failure of the Debtor to timely remit trust

fund money, but these additional damages will be nothing more than general

unsecured claims against property of the estate.

As the docket for February 25, 2020 shows, there were many hearings

on objections to claims scheduled. However, Lexington asserts that it has

been successful in resolving many of its objections and will be filing

stipulations confirming the actual claim amounts, the three creditors

mentioned above being the exceptions.

As to the claims of these three creditors, Lexington argues that they

are attempting to include general unsecured damage claims (e.g. interest) as

part of their Trust Fund Claims in violation of the Trust Fund Settlement.

Further, Lexington argues that some of these creditors are attempting to

assert Trust Fund Claims for monies that do not belong to them, and that

these creditors do not even know how much of their trust fund monies Debtor

received and allegedly failed to remit to them. Select Portfolio (Claim #67)

and Carrington (Claim #70) have not been able to confirm the exact amounts

or provide adequate documentation to support their claims, which is highly

problematic. Lexington has propounded discovery to fill in this missing

information.

Obviously, there is a great deal more going on here than can readily be

resolved in a summary proceeding like a claims objection. Lexington

requests that these hearings be treated as status conferences pursuant to

LBR 3007-1(b)(5), which gives the court discretion to "treat the initial hearing

as a status conference." This will allow the parties to hash out any additional

discovery and evidentiary issues that should be addressed prior to an

evidentiary hearing scheduled for April 7, 2020. This does seem to be an

appropriate suggestion, as in a case like this, more clarity and more

Page 15 of 342/24/2020 4:05:09 PM

Page 16: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLPCONT... Chapter 7

information is preferable. All parties involved would likely benefit from treating

these hearings as status conferences in contested proceedings. If the parties

are unable to agree, at the continued status conference deadlines for

discovery and law and motion will be set, possible referral to mediation

discussed and a pretrial conference scheduled.

Continue as status conference.

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 16 of 342/24/2020 4:05:09 PM

Page 17: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#12.00 Lextington National Insurance Corporation's Objection To And Motion To Disallow Proof Of Claim No. 35 FIled By Municipal Employees Credit Union Of Baltimore, Inc.(cont'd from 12-17-19 per order approving stip. between Lexington National Insurance Corp. & Municipal Employee Credit Union of Baltimore, Inc adjourning the hrg on the obj. to mtn. to disallow proof of claim no. 35)

246Docket *** VACATED *** REASON: CONTINUED TO 4-07-20 AT 11:00 A.M. PER ORDER APPROVING SECOND STIPULATION BETWEEN LEXINGTON NATIONAL INSURANCE CORPORATION AND MUNICIPAL EMPLOYEES CREDIT UNION OF BALTIMORE, INC. AND MOTION TO DISALLOW PROOF OF CLAIM NO. 35 ENTERED 2-07-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 17 of 342/24/2020 4:05:09 PM

Page 18: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#13.00 Lexington National Insurance Corporation's Objection To And Motion To Disallow Proof Of Claim No. 50 Filed By Stearns Lending, LLC(cont'd from 12-17-19 per order approving stip. re: claim no. 50)

248Docket *** VACATED *** REASON: CONTINUED TO 4-07-20 AT 11:00 A.M. PER ORDER APPROVING SECOND STIPULATION BETWEEN LEXINGTON NATIONAL INSURANCE CORPORATION ADJOURNING THE HEARING ON THE OBJECTIONS TO MOTION TO DISALLOW PROOF OF CLAIM NO. 50 ENTERED 2-11-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 18 of 342/24/2020 4:05:09 PM

Page 19: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#14.00 Lexington National Insurance Corporation's Objection To And Motion To Disallow Proof Of Claim No. 51 Filed By Lakeview Loan Servicing, LLC(cont'd from 12-17-19 per order approving stip re: claim #51 entered 11-27-19)

249Docket *** VACATED *** REASON: CONTINUED TO 4-07-20 AT 11:00 A.M. PER ORDER APPROVING SECOND STIPULATION BETWEEN LEXINGTON NATIONAL INSURANCE CORPORATION AND LAKEVIEW LOAN SERVICING, LLC ADJOURNING THE HEARING ON THE MOTION TO DISALLOW PROOFS OF CLAIM NO. 51 ENTERED 2-11-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 19 of 342/24/2020 4:05:09 PM

Page 20: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#15.00 Lexington National Insurance Corporation's Objection To And Motion To Disallow Proof Of Claim No. 52 Filed By First Federal Bank of Florida (cont'd from 12-17-19 per order approving stip. re: claim no. 52 entered 11-27-19)

250Docket *** VACATED *** REASON: CONTINUED TO 4-07-20 AT 11:00 A.M. PER ORDER APPROVING SECOND STIPULATION BETWEEN LEXINGTON NATIONAL INSURANCE CORPORATION AND FIRST FEDERAL BANK OF FLORIDA ADJOURNING THE HEARING ON MOTION TO DISALLOW PROOF OF CLAIM NO. 52 ENTERED 2-11-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 20 of 342/24/2020 4:05:09 PM

Page 21: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#16.00 Lexington National Insurance Corporation's Objection To And Motion To Disallow Proof Of Claim No. 53 Filed By Lakeview Loan Servicing, LLC(cont'd from 12-17-19 per order approving stip. re: claim no. 53 entered 11-27-19)

251Docket *** VACATED *** REASON: CONTINUED TO 4-07-20 AT 11:00 A.M. PER ORDER APPROVING SECOND STIPULATION BETWEEN LEXINGTON NATIONAL INSURANCE CORPORATION AND LAKEVIEW LOAN SERVICING, LLC ADJOURNING THE HEARING ON MOTION TO DISALLOW PROOF OF CLAIM NO. 53 ENTERED 2-11-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 21 of 342/24/2020 4:05:09 PM

Page 22: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#17.00 Lexington National Insurance Corporation's Objection To And Motion To Disallow Proof Of Claim No. 54 Filed By Lakeview Loan Servicing, LLC(cont'd from 12-17-19 per order approving stipulation re: claim no. 54 entered 11-27-19)

252Docket *** VACATED *** REASON: CONTINUED TO 4-07-20 AT 11:00 A.M. PER ORDER APPROVING SECOND STIPULATION BETWEEN LEXINGTON NATIONAL INSURANCE ORPORATION AND LAKEVIEW LOAN SERVICING, LLC ADJOURNING THE HEARIN ON OBJECTION TO MOTION TO DISALLOW PROOF OF CLAIM NO. 54 ENTERED 2-11-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 22 of 342/24/2020 4:05:09 PM

Page 23: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#18.00 Lexington National Insurance Corporation's Objection To And Motion To Disallow Proof Of Claim No. 59 FIled By Loancare, LLC(cont'd from 12-17-19 per order approving stip. re: claim no. 59 entered 11-27-19)

253Docket *** VACATED *** REASON: CONTINUED TO 4-07-20 AT 11:00 A.M. PER ORDER APPROVING SECOND STIPULATION BETWEEN LEXINGTON NATIONAL INSURANCE CORPORATION AND LOANCARE, LLC ADJOURNING THE HEARING ON OBJECTION TO MOTION TO DISALLOW PROOFS OF CLAIM NO. 59 ENTERED 2-11-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 23 of 342/24/2020 4:05:09 PM

Page 24: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#19.00 Lexington National Insurance Corporation's Objection To And Motion To Disallow Proof Of Claim No. 60 Filed By Loancare LLC(cont'd from 12-17-19 per order approving stip. re: claim no. 60 entered 11-27-19)

254Docket *** VACATED *** REASON: CONTINUED TO 4-07-20 AT 11:00 A.M. PER ORDER APPROVING STIPULATION BETWEEN LEXINGTON NATIONAL INSURANCE CORPORATION AND LOANCARE, LLC ADJOURNING THE HEARING ON THE OBJECTIONS TO MOTIONS TO DISALLOW PROOF OF CLAIM NO. 60 ENTERED 2-11-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 24 of 342/24/2020 4:05:09 PM

Page 25: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#20.00 Lexington National Insurance Corporation's Objection To And Motion To Disallow Proof Of Claim No. 61 Filed By Lakeview Loan Servicing, LLC(cont'd from 12-17-19 per order approving stip. re: claim no. 61 entered 11-27-19)

255Docket *** VACATED *** REASON: CONTINUED TO 4-07-20 AT 11:00 A.M. PER ORDER APPROVING SECOND STIPULATION BETWEEN LEXINGTON NATIONAL INSURANCE CORPORATION AND LAKEVIEW LOAN SERVICING, LLC ADJOURNING THE HEARING ON THE OBJECTIONS TO MOTIONS TO DISALLOW PROOF OF CLM NO. 61 ENTERED 2-11-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 25 of 342/24/2020 4:05:09 PM

Page 26: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#21.00 Lexington National Insurance Corporation's Objection To And Motion To Disallow Proof Of Claim No. 62 Filed By Nationstar Mortgage LLC D/B/A Champion Mortgage Company(cont'd from 12-17-19 per order approving stip. re: claim no. 62 entered 11-27-19)

256Docket *** VACATED *** REASON: CONTINUED TO 4-07-20 AT 11:00 A.M. PER ORDER APPROVING SECOND STIPULATION BETWEEN LEXINGTON NATIONAL INSURANCE CORPORATION AND NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY AND MOTION TO DISALLOW PROOF OF CLAIM NO. 62 ENTERED 2-07-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 26 of 342/24/2020 4:05:09 PM

Page 27: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#22.00 Lexington National Insurance Corporation's Objection To And Motion To Disallow Proof Of Claim No. 64 FIled By Caliber Home Loans, Inc.(cont'd from 12-17-19 per order approving stip re: claim 64 entered 11-27-19)

257Docket *** VACATED *** REASON: CONTINUED TO 4-07-20 AT 11:00 A.M. PER ORDER APPROVING SECOND STIPULATION BETWEEN LEXINGTON NATIONAL INSURANCE CORPORATION AND CALIBER HOME LOANS, INC. ADJOURNING THE HEARING ON MOTION TO DISALLOW PROOF OF CLAIM NO. 64 ENTERE 2-11-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 27 of 342/24/2020 4:05:09 PM

Page 28: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#23.00 Lexing National Insurance Corporation's Limited Objection To And Motion To Disallow Proof Of Claim No. 65 Filed By Specialized Loan Servicing LLC(cont'd from 12-17-19 per order approving stip. between Lexington National Insurance Corporation And Specialized Loan Servicing LLC Adjourning The Hrg on the limited objection to and mtn to disallow proof of claim no. 65)

258Docket *** VACATED *** REASON: CONTINUED TO 4-07-20 AT 11:00 A.M. PER ORDER APPROVING SECOND STIPULATION BETWEEN LEXINGTON NATIONAL INSURANCE CORPORATION AND SPECIALIZED LOAN SERVICING LLC - MOTON TO DISALLOW PROOF CLAIM NO. 65 ENTERED 2-07-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 28 of 342/24/2020 4:05:09 PM

Page 29: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#24.00 Lexington National Insurance Corporation's Objection To And Motion To Disallow Proof Of Claim No. 66 Filed By Statebridge Company, LLC(cont'd from 12-17-19 per order approving stip. re: claim no. 66 entered 11-27-19)

259Docket *** VACATED *** REASON: CONTINUED TO 4-07-20 AT 11:00 A.M. PER ORDER APPROVING SECOND STIPULATION BETWEEN LEXINGTON NATIONAL INSURANCE CORPORATION AND STATEBRIDGE COMPANY, LLC ADJOURNING THE HEARING ON MOTION TO DISALLOW PROOF OF CLAIM NO. 66 ENTERED 2-11-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 29 of 342/24/2020 4:05:09 PM

Page 30: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#25.00 Lexington National Insurance Corporation's Objection To And Motion To Disallow Proof Of Claim No. 67 Filed By Select Portfolio Servicing, Inc.(cont'd from 12-17-19 per order approving stip. re: obj to and mtn to disallow proof of claim no. 67 - relates to docket no. 260 entered 12-2-19)

260Docket

Tentative for 2/25/20:See #11

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 30 of 342/24/2020 4:05:09 PM

Page 31: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#26.00 Lexington National Insurance Corporation's Objection To And Motion To Disallow Proof of Claim No. 68 Filed By Ditech Financial, LLC(cont'd from 12-17-19 per order approving stip. to cont. proofs of claims #68, 69 and 71- [relates to dkt. no.s 261, 262 and 264] entered 11-22-19)

261Docket *** VACATED *** REASON: CONTINUED TO 4-07-20 AT 11:00 A.M. PER ORDER APPROVING SECOND STIPULATION BETWEEN LEXINGTON NATIONAL INSURANCE CORPORATION AND DITECH FINANCIAL, LLC NEWEREZ, LLC AND MOTION TO DISALLOW PROOFS OF CLAIM 68,69, AND 71 ENTERED 2-07-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 31 of 342/24/2020 4:05:09 PM

Page 32: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#27.00 Lexington National Insurance Corporation's objection To And Motion To Disallow Proof Of Claim No. 69 Filed By Newrez, LLC D/B/A Shellpoint Mortgage Servicing(cont'd from 12-17-19 per order approving stip. to cont. proofs of claims #68, 69 and 71- [relates to dkt. no.s 261, 262 and 264] entered 11-22-19

262Docket *** VACATED *** REASON: CONTINUED TO 4-07-20 AT 11:00 A.M. PER ORDER APPROVING SECOND STIPULATION BETWEEN LEXINGTON NATIONAL INSURANCE CORPORATION AND DITECH FINANCIAL LLC NEWREZ, LLC AND TO DISALLOW PROOFS OF CLAIM 68,69 AND 71 ENTERED 2-07-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 32 of 342/24/2020 4:05:09 PM

Page 33: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#28.00 Lexington National Insurance Corporation's Objection to and Motion to Disallow Proof of Claim No. 70 filed by Carrington Mortgage Services, LLC(cont'd from 12-17-19 per order approving stip. re: clm no. 70 [related to docket no. 263 entered 12-05-19)

263Docket

Tentative for 2/25/20:See #11

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 33 of 342/24/2020 4:05:09 PM

Page 34: United States Bankruptcy Court Central District of Californiaecf-ciao.cacb.uscourts.gov/Posted/TA_022520.pdfChristopher P Walker Joint Debtor(s): Carmen Quiroz Represented By Christopher

United States Bankruptcy CourtCentral District of California

Judge Theodor Albert, PresidingCourtroom 5B Calendar

Santa Ana

Tuesday, February 25, 2020 5B Hearing Room

11:00 AMBP Fisher Law Group, LLP8:19-10158 Chapter 7

#29.00 Lexington National Insurance Corporation's Objection to and Motion to Disallow Proof of Claim No. 71 filed by Nationstar Mortgage, LLC D/B/A Mr. Cooper, Successor by Merger to Seterus, Inc.(cont'd from 12-17-19 per order approving stip. to cont. proofs of claims #68, 69 and 71- [relates to dkt. no.s 261, 262 and 264] entered 11-22-19)

264Docket *** VACATED *** REASON: CONTINUED TO 4-07-20 AT 11:00 A.M. PER ORDER APPROVING SECOND STIPULATION BETWEEN LEXINGTON NATIONAL INSURANCE CORPORATION AND DITECH FINANCIAL LLC AND MOTION TO DISALLOW PROOFS OF CLAIM 68,69 AND 71 ENTERED 2-07-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

BP Fisher Law Group, LLP Represented ByMarc C Forsythe

Trustee(s):

Richard A Marshack (TR) Represented ByD Edward HaysDavid Wood

Page 34 of 342/24/2020 4:05:09 PM


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