United States Bankruptcy Court Central District of California Judge Mark Houle, Presiding Courtroom 303 Calendar Riverside Tuesday, January 14, 2020 303 Hearing Room 11:00 AM Robert Joseph Slapp, III 6:20-10047 Chapter 13 #1.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 34119 Galleron St., Temecula, CA 92592 MOVANT: ROBERT JOSEPH SLAPP, III EH__ 6 Docket TENTATIVE RULING: 1/14/20 Service: Proper—shortened notice Opposition: None The Court has reviewed the motion, and the service was rendered on shortened notice. Debtor had two Chapter 13 voluntary petitions, case number 16:19-bk-16791-MH ("Prior First Case") and case number 19-bk-12704-MH ("Prior Second Case"), pending within one year. Pursuant to 11 U.S.C. § 362(c)(4)(D)(i), a case is presumed to be filed not in good faith as to all creditors if "2 or more previous cases under this title in which the individual was a debtor were pending within the 1-year period…" A debtor can rebuttal this presumption by clear and convincing evidence. 3 Collier on Bankruptcy ¶ 362.06 (Richard Levin & Henry J. Sommer eds., 16th ed.). "[Clear and convincing evidence] is defined as that degree or measure of proof which will produce in the mind of the trier of fact, a firm belief or conviction that the allegations sought to be established as true; it is ‘evidence so clear, direct weight[,] and convincing as to enable the fact finder to come to a clear conviction, without hesitancy, of the truth of the precise facts of the case. In re Castaneda, 342 B.R. 90 (Bankr. S.D. Cal. 2006) (citing Charles I, 332 B.R. 538, 542 (Bankr. S.D. TX. 2005)). Tentative Ruling: Page 1 of 24 1/13/2020 1:15:42 PM
Transcript
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMRobert Joseph Slapp, III6:20-10047 Chapter 13
#1.00 Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 34119 Galleron St., Temecula, CA 92592
MOVANT: ROBERT JOSEPH SLAPP, III
EH__
6Docket
TENTATIVE RULING:
1/14/20
Service: Proper—shortened noticeOpposition: None
The Court has reviewed the motion, and the service was rendered on shortened notice. Debtor had two Chapter 13 voluntary petitions, case number 16:19-bk-16791-MH ("Prior First Case") and case number 19-bk-12704-MH ("Prior Second Case"), pending within one year. Pursuant to 11 U.S.C. § 362(c)(4)(D)(i), a case is presumed to be filed not in good faith as to all creditors if "2 or more previous cases under this title in which the individual was a debtor were pending within the 1-year period…"
A debtor can rebuttal this presumption by clear and convincing evidence. 3 Collier on Bankruptcy ¶ 362.06 (Richard Levin & Henry J. Sommer eds., 16th ed.). "[Clear and convincing evidence] is defined as that degree or measure of proof which will produce in the mind of the trier of fact, a firm belief or conviction that the allegations sought to be established as true; it is ‘evidence so clear, direct weight[,] and convincing as to enable the fact finder to come to a clear conviction, without hesitancy, of the truth of the precise facts of the case. In re Castaneda, 342 B.R. 90 (Bankr. S.D. Cal. 2006) (citing Charles I, 332 B.R. 538, 542 (Bankr. S.D. TX. 2005)).
Tentative Ruling:
Page 1 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMRobert Joseph Slapp, IIICONT... Chapter 13
Debtor declared that the reason why the Prior Second Case was dismissed because he "believed he was going to begin working in a position which would enable him to stay current on both his…payments." Dkt No. 7, Pg 3. After the Prior Second Case was filed, the position was no longer available to Debtor. Thus, Debtor did not appear to the Prior Second Case’s 341(a) meeting because he was unable to make the required payment at the meeting.
Debtor stated that the Prior First Case was dismissed because, even though he had a job, he was not earning enough to make his post-petition mortgage payments. Id. at 4. Now, Debtor has a second job, and "anticipates receiving a job offer…for a higher paying position which will enable him to stay current on his position. Id.
"Mere statements by the movement in the motion does not carry evidentiary weight. The movant must provide detailed, competent, evidence sufficient…to rebut the presumption of bad faith." In re Castaneda, 342 B.R. at 96. In this case, the Debtor did not provide evidence more than mere statements. He neither provided paystubs of his current employment nor provided detailed and competent evidence to believe he would receive a job offer for a higher paying position.
By his own statements, Debtor’s beliefs have been consistently wrong and have led him to his prior cases being dismissed. Debtor also speculates that he will receive a higher paying job, which is insufficient to establish clear and convincing evidence to rebut the presumption pursuant to 11 U.S.C § 362(c)(4) that the case was filed in good faith regarding Debtor being able to post-petition mortgage HOA payments, and future Chapter 13 plan payments. Thus, the Court is inclined to DENY the motion.
APPEARANCES REQUIRED.
Party Information
Debtor(s):
Robert Joseph Slapp III Represented ByNicholas M Wajda
Movant(s):
Robert Joseph Slapp III Represented ByPage 2 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMRobert Joseph Slapp, IIICONT... Chapter 13
Nicholas M WajdaNicholas M Wajda
Trustee(s):
Rod Danielson (TR) Pro Se
Page 3 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMTanisha R Bowden6:19-20465 Chapter 7
#2.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 MERCEDES-BENZ C300W VIN 55SWF4JB3GU146127
MOVANT: DAIMLER TRUST
EH__
9Docket
Tentative Ruling:
1/14/2020
Service: ProperOpposition: None
11 U.S.C. § 365 (d)(1):
"In a case under Chapter 7 of this title, if the trustee does not assume or reject an executory contract or unexpired lease…of personal property of the debtor within sixty days after the order for relief [, that is the date the petition was filed]…then such contract or lease is deemed rejected."
In this case, debtor, Tanisha R. Bowden, filed a voluntary, no asset Chapter 7 petition on November 27, 2019. The trustee, Steven M. Speir, has until January 26, 2020, sixty days after the petition was filed, to either reject or assume the lease.
When a lease is deemed rejected, the leased property is no longer property of the estate and the stay under 11 U.S.C § 362(a) is automatically terminated. Thus, the stay will remain until January 26, 2020. Based on the payment default, The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1), GRANT relief
Tentative Ruling:
Page 4 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMTanisha R BowdenCONT... Chapter 7
from Rule 4001(a)(3) stay, GRANT request under ¶ 2, and Deny relief, in the alternative, under ¶11 as moot.
APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.
Party Information
Debtor(s):
Tanisha R Bowden Represented ByPaul Y Lee
Movant(s):
Daimler Trust Represented BySheryl K Ith
Trustee(s):
Steven M Speier (TR) Pro Se
Page 5 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMMike R Investments, Inc.6:19-19953 Chapter 7
#3.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: All of debtor's business personal property, in Debtor's possession
MOVANT: WELLS FARGO BANK, N.A.
EH__
18Docket
Tentative Ruling:
1/14/2020
Service: ProperOpposition: None
By providing the promissory note, the commercial security agreement, the UCC financing statement, current value of the claim, and the value of the property based on the debtor’s Schedule A/B, pursuant to U.S.C. §§ 362(d)(1) and 362(d)(2), the movant, Wells Fargo Bank, N.A. has established that its interest is not adequately protected nor does the Debtors’ have any equity in the property. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982). Total secured claim, $2,110,049.32, is greater than the value of all debtor’s business property, $900,103.00. (Dkt. No. 18, 4).
The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Here, Debtor is not reorganizing, and Debtor failed to oppose this motion. Thus, pursuant to Local Bankruptcy Rule 9013-(h), the Court may deem this to be consent to the granting or denial of the motion, as the case may be.
Tentative Ruling:
Page 6 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMMike R Investments, Inc.CONT... Chapter 7
Therefore, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.
APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.
Party Information
Debtor(s):
Mike R Investments, Inc. Represented ByCraig E Dwyer
Movant(s):
Wells Fargo Bank, N.A. Represented ByRaffi Khatchadourian
Trustee(s):
Karl T Anderson (TR) Pro Se
Page 7 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMRICHARD JAMES SYLVESTER and SHARON LEE 6:19-19801 Chapter 7
#4.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: N 2007 EXTREME TRAILER; VIN NO. 5DBBB30257R000012
MOVANT: BANK OF AMERICA, N.A.
EH__
10Docket
Tentative Ruling:
1/14/2020
Service: ProperOpposition: None
By providing the retail installment contract security agreement, the certificate of title, the UCC financing statement, current value of the claim, and the value of the properties based on NADA Guides Value Report, pursuant to U.S.C. §§ 362(d)(1) and 362(d)(2), the movant, Bank of America, N.A. has established that its interest is not adequately protected nor does the Debtors’ have any equity in the property. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982). Specifically, the total secured claim, $2,110,049.32, is greater than the value of all debtor’s business property, $900,103.00. (Dkt. No. 18, Ex. 4).
The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtors have not opposed this motion, and Debtors intend to surrender the property pursuant to 11 U.S.C. § 521(a)(2). Dkt. No. 1, Statement of Intention.
Tentative Ruling:
Page 8 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMRICHARD JAMES SYLVESTER and SHARON LEE CONT... Chapter 7
In such a case, the stay is not terminated when the Debtors intend to surrender the property. In re Stephens, 2013 Bankr. Lexis 1202, *28 (Bankr. N.D. NY. 2013). Instead, such action, surrendering the property, means relinquishing the debtor’s rights and taking no action to resist any efforts by the creditor to gain possession. Id. 11 U.S.C. § 521(a)(2)(B) requires that the Debtor within thirty days after the first date set for the meeting of creditors perform his intention. The meeting of the creditors was first set on November 15, 2019. Thirty days have passed, and the Debtors have not performed their intention.
Thus, pursuant to § 362(h)(1)(B), the automatic stay is terminated. The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2.
APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.
Party Information
Debtor(s):
RICHARD JAMES SYLVESTER Represented ByPaul C Nguyen
Joint Debtor(s):
SHARON LEE SYLVESTER Represented ByPaul C Nguyen
Movant(s):
Bank of America, N.A. Represented ByRobert P Zahradka
Trustee(s):
Todd A. Frealy (TR) Pro Se
Page 9 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMCraig Edward Williams and Norma Geneva Williams6:19-19747 Chapter 13
#5.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Chevrolet Silverado, VIN: 3GCPCREC8HG246573
MOVANT: AMERICREDIT FINANCIAL SERVICES, INC.
EH__
19Docket
Tentative Ruling:
1/14/2020
Service: ProperOpposition: None
By providing the retail installment sale contract, the certificate of title, the UCC financing statement, and the current value of the claim, pursuant to U.S.C. § 362(d)(1), the movant, Americredit Financial Services, Inc., doing business as GM Financial, has established that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).
The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor have not opposed the motion, and Debtors intend to surrender the property pursuant to the confirmation of their plan. 11 U.S.C. § 1325(a)(5)(C). Dkt. No. 15.
In such a case, the stay is terminated when the plan is confirmed. The plan not being confirmed at the pending of this motion continues the stay as to this property.
Tentative Ruling:
Page 10 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMCraig Edward Williams and Norma Geneva WilliamsCONT... Chapter 13
Nonetheless, pursuant to Local Bankruptcy Rule 9013-h, Debtor has failed to file a response to this motion; thus, the Court may deem this to be consent to the granting or denial of the motion, as the case may be. The Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. § 362(d)(1). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2. Deny, in the alternative, request under ¶ 11 as being moot.
APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.
Party Information
Debtor(s):
Craig Edward Williams Represented ByJulie J Villalobos
Joint Debtor(s):
Norma Geneva Williams Represented ByJulie J Villalobos
Movant(s):
AmeriCredit Financial Services, Inc. Represented BySheryl K Ith
Trustee(s):
Rod Danielson (TR) Pro Se
Page 11 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMSara Rolston6:19-16072 Chapter 13
#6.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 BMW 2 Series 230i Coupe 2D
MOVANT: BMW BANK OF NORTH AMERICA
From: 11/19/19, 12/17/19
EH__
22Docket
11/19/2019
Service is ProperOpposition: Yes
Movant to apprise the Court of the status of arrears.
APPEARANCES REQUIRED.
Tentative Ruling:
Party Information
Debtor(s):
Sara Rolston Represented ByPaul Y Lee
Movant(s):
BMW Bank of North America Represented ByCheryl A Skigin
Trustee(s):
Rod Danielson (TR) Pro Se
Page 12 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMDonald Ray Levier, Jr. and Antoinette Marie Levier6:19-15353 Chapter 13
#7.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Ford Explorer
MOVANT: LBS FINANCIAL CREDIT UNION
EH__
30Docket
Tentative Ruling:
1/14/2020
Service: ProperOpposition: Debtors
Parties to update Court as to status of adequate protection discussions.
APPEARANCES REQUIRED.
Tentative Ruling:
Party Information
Debtor(s):
Donald Ray Levier Jr. Represented ByD Justin Harelik
Joint Debtor(s):
Antoinette Marie Levier Represented ByD Justin Harelik
Movant(s):
LBS Financial Credit Union Represented ByKarel G Rocha
Page 13 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMDonald Ray Levier, Jr. and Antoinette Marie LevierCONT... Chapter 13
Trustee(s):
Rod Danielson (TR) Pro Se
Page 14 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMErnesto Jesus Mercado6:19-11852 Chapter 7
#8.00 Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 NISSAN MAXIMA, VIN # 1N4AA5AP5EC458820
MOVANT: NISSAN MOTOR ACCEPTANCE CORPORATION
EH__
25Docket
Tentative Ruling:
1/14/2020
Service: ProperOpposition: None
By providing the NADA value for the property, the retail installment sale contract, and the accounting of what is owed by Debtor, pursuant to U.S.C. §§ 362(d)(1) and 362(d)(2), the movant, Nissan Motor Acceptance Corporation, has established that its interest is not adequately protected nor does the Debtor have any equity in the property. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982). Specifically, the total secured claim, $16,960.29, is greater than the value of the property, $7,475.00. (Dkt. No. 25, Ex 3, 4).
The burden now shifts to the opposing party, the Debtor, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtor failed to oppose this motion. Thus, pursuant to Local Bankruptcy Rule 9013-(h), the Court may deem this to be consent to the granting or denial of the motion, as the case may be.
Tentative Ruling:
Page 15 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMErnesto Jesus MercadoCONT... Chapter 7
Therefore, the Court is inclined to GRANT relief from stay pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2). GRANT relief from Rule 4001(a)(3) stay. GRANT request under ¶ 2. Deny, in the alternative, request under ¶ 11 as moot.
APPEARANCES WAIVED. Movant to lodge order within seven days. If oral or written opposition is presented at the hearing, the hearing may be continued.
Party Information
Debtor(s):
Ernesto Jesus Mercado Represented ByRamiro Flores Munoz
Movant(s):
NISSAN MOTOR ACCEPTANCE Represented ByMichael D Vanlochem
Trustee(s):
Robert Whitmore (TR) Pro Se
Page 16 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMCharlena Clark6:18-16117 Chapter 13
#9.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 13683 Cabrillo Ct, Fontana, CA 92336-3451
MOVANT: CSMC 2018-RPL11 TRUST
EH__
47Docket *** VACATED *** REASON: ORDER ENTERED 1/8/20
- NONE LISTED -
Tentative Ruling:
Party Information
Debtor(s):
Charlena Clark Represented ByWilliam Radcliffe
Movant(s):
CSMC 2018-RPL11 Trust Represented ByRobert P Zahradka
Trustee(s):
Rod Danielson (TR) Pro Se
Page 17 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMEddie Garcia and Martha Garcia6:18-10112 Chapter 13
#10.00 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 20705 Oakview Place, Perris, CA 92570
MOVANT: LAKEVIEW LOAN SERVICING LLC
EH__
75Docket
Tentative Ruling:
1/14/2020
Service: ProperOpposition: Debtors
Debtors filed their Chapter 13 plan, and it was later confirmed on April 18, 2018. Movant, Lakeview Loan Servicing (hereinafter "Lakeview") had a claim secured only by security interest in real property constituting Debtors’ principal residence. Such a creditor’s claim is not subject to modification under Chapter 13 Plan. 11 U.S.C. § 1322(b)(2). However, a creditor of such a claim is stayed from the collection of its claim, from taking possession of the real property encumbered by the lien, and from the enforcement of its lien. 11 U.S.C § 362(a)(1)-(5).
Debtors, pursuant to their Chapter 13 plan, stated that they will maintain and make the current contractual installments payments on Lakeview’s claim. Dkt. No. 2. Lakeview has filed this motion from relief from stay based on Debtors failure to make post-petition mortgage payments pursuant to Debtors’ Chapter 13 plan.
By providing the note, the deed of trust, the corporate assignment of deed, and the post-petition history, pursuant to U.S.C. § 362(d)(1), Lakeview has established that its interest is not adequately protected. In re Gauvin, 24 B.R. 578, 580 (B.A.P. 9th Cir. 1982).
Tentative Ruling:
Page 18 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMEddie Garcia and Martha GarciaCONT... Chapter 13
The burden now shifts to the opposing party, the Debtors, to show that the collateral is not declining in value, the movant is adequately protected by periodic cash payments, an equity cushion, replacement liens or otherwise, or that there is a significant likelihood of a successful reorganization in a reasonable time. 3 Collier on Bankruptcy ¶ 362.10 (Richard Levin & Henry J. Sommer eds., 16th ed.). Debtors, in their opposition to granting this motion, state that they will be selling their home. Dkt. No. 77.
Debtors to update Court as to sale status.
APPEARANCES REQUIRED.
Party Information
Debtor(s):
Eddie Garcia Represented ByPaul Y Lee
Joint Debtor(s):
Martha Garcia Represented ByPaul Y Lee
Movant(s):
Lakeview Loan Servicing LLC Represented ByDaniel K FujimotoCaren J Castle
Trustee(s):
Rod Danielson (TR) Pro Se
Page 19 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMValecia Renee Knox6:17-13395 Chapter 13
#11.00 CONT Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 5543 N. Mountain Dr., San Bernardino, CA 92407-5348
MOVANT: WILMINGTON TRUST, NATIONAL ASSOCIATION
From: 12/17/19
EH__
34Docket
Tentative Ruling:
12/17/19
Service: ProperOpposition: Debtor
The parties to apprise the court on status of default and adequate protection discussions, if any.
APPEARANCES REQUIRED.
Tentative Ruling:
Party Information
Debtor(s):
Valecia Renee Knox Represented ByL. Tegan Rodkey
Movant(s):
Wilmington Trust, National Represented ByDipika Parmar
Page 20 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
Judge Mark Houle, PresidingCourtroom 303 Calendar
Riverside
Tuesday, January 14, 2020 303 Hearing Room
11:00 AMValecia Renee KnoxCONT... Chapter 13
Darlene C Vigil
Trustee(s):
Rod Danielson (TR) Pro Se
Page 21 of 241/13/2020 1:15:42 PM
United States Bankruptcy CourtCentral District of California
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