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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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