united states bankruptcy court central district of...

United States Bankruptcy CourtCentral District of California

Judge Mark Wallace, PresidingCourtroom 6C Calendar

Santa Ana

Monday, January 27, 2020 6C Hearing Room

9:00 AMFred Martinez and Dianne Martinez8:18-12747 Chapter 13

#1.00Motion for relief from stay [Real Property]

Wells Fargo Bank, N.A. As Trustee For The First Franklin Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-FF7 vs. DEBTORS(Motion filed 12/30/19)

[RE: 5390 Los Monteros, Yorba Linda, CA 92887]

38Docket

APPEARANCES REQUIRED.

The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.

The 14-day stay provided by Rule 4001(a)(3) is waived.

MOVANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Tentative Ruling:

Party Information

Debtor(s):

Fred Martinez Represented ByAndrew Moher

Joint Debtor(s):

Dianne Martinez Represented ByAndrew Moher

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Santa Ana


9:00 AMFred Martinez and Dianne MartinezCONT... Chapter 13

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

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Santa Ana


9:00 AMDavid Shomaker8:18-13724 Chapter 13

#2.00Motion for relief from stay [Real Property]

Select Portfolio Servicing Inc. As Servicing Agent For U.S. Bank NA, Successor Trustee To Bank Of America, NA, Successor In Interest To LaSalle Bank NA, As Trustee, On Behalf Of The Holders Of The WAMU Mortgage Pass-Through Certificates, Series 2007-OA3 vs. DEBTOR, And Amrane (SA) Cohen, MFR Trustee(Motion filed 12/5/19)

[RE: 213 LA Esperanza, San Clemente, California 92673]

50Docket


The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) to permit movant, its successors, transferees and assigns, to enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with applicable law, unless the debtor pays all arrearages in full on or before the hearing date on this matter. Movant may not pursue any deficiency claim against the debtor or the estate except by filing a proof of claim pursuant to 11 U.S.C. § 501.



Tentative Ruling:

Party Information

Debtor(s):

David Shomaker Represented ByAshishkumar Patel

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Santa Ana


9:00 AMDavid ShomakerCONT... Chapter 13

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

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Santa Ana


9:00 AMErnesto Rafael Montalvo8:19-11435 Chapter 13

#3.00CONT'D Motion for relief from stay [Real Property]

Wells Fargo Bank, N.A. vs. DEBTOR(Motion filed 10/31/19)

[RE: 1682 W Ord Way, Anaheim, CA 92802-4519]

FR: 11-25-19

81Docket


The Court will inquire whether the parties have been able to consensually resolve the dispute concerning what payments have been made (or not made) by the Debtor.

Tentative Ruling:

Party Information

Debtor(s):

Ernesto Rafael Montalvo Represented ByClaudia C Osuna

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se

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Santa Ana


9:00 AMAlmeza, Inc.8:19-14331 Chapter 7

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

Jesse Milk vs. DEBTOR(Motion filed 12/23/19)

[RE: Case Name: Milk v. Almeza, Inc., et al.][Docket Number: 30-2016-00884933-CU-PL-NJC][Pending In: Superior Court of the State of California - County of Orange]

12Docket

APPEARANCES NOT REQUIRED.

The motion is granted pursuant to 11 U.S.C. § 362(d)(1) to permit movant, its successors, transferees and assigns, to proceed in the non-bankruptcy forum to final judgment (including any appeals) in accordance with applicable non-bankruptcy law. Movant shall not enforce its final judgment against the debtor or property of the estate, except by filing a proof of claim in this bankruptcy case pursuant to 11 U.S.C. § 501 and/or a complaint to determine the nondischargeability of the debt.

Cause exists for relief under 11 U.S.C. § 362(d)(1) because the claims at issue arise under non-bankruptcy law and can be most expeditiously resolved in the non-bankruptcy forum.


The order is binding and effective despite conversion of this bankruptcy case to a case under any other chapter of Title 11 of the U.S. Code.


Tentative Ruling:

Party Information

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Santa Ana


9:00 AMAlmeza, Inc.CONT... Chapter 7

Debtor(s):

Almeza, Inc. Represented ByDon Emil Brand

Trustee(s):

Richard A Marshack (TR) Pro Se

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Santa Ana


9:00 AMSerap Atli8:19-14699 Chapter 13

#5.00Motion for relief from stay [Unlawful Detainer]

Afshin Dehghan And Shahla Pisheh vs. DEBTOR(Motion filed 12/30/19)

[RE: 5 Altimira,Trabuco Canyon (aka Coto de Caza), CA 92679]

18Docket


The Court intends to grant the motion in part, and deny the motion in part.

The motion is granted pursuant to 11 U.S.C. §§ 362(d)(1) and (d)(2). This motion has been filed to proceed with an unlawful detainer action. This action must go forward because the debtor's right to possess the premises must be determined. This does not change simply because a bankruptcy petition was filed.


The motion is denied as to the extraordinary relief requested under numbered paragraphs 7 and 9 of the motion.


Tentative Ruling:

Party Information

Debtor(s):

Serap Atli Represented ByTimothy L McCandless

Trustee(s):

Amrane (SA) Cohen (TR) Pro Se of 321/22/2020 5:58:43 PM



Santa Ana


9:00 AMSerap AtliCONT... Chapter 13

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Santa Ana


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

#6.00Motion for relief from stay [Action In Non-Bankruptcy Forum]

Azad Sabounjian, Susan Sabounjian, Sarine Nigolian And Grant Nigolian vs. DEBTOR(Motion filed 1/6/20)

[RE: Case Name: A. Sabounjian, et al. v. James Allen Grove, et al.][Docket No.: AAA Case No. 011900039758][Pendung In: American Arbitration Association]

18Docket *** VACATED *** REASON: CONTINUED TO FEBRUARY 10, 2020 AT 9:00 A.M. PER SUA SPONTE ORDER CONTINUING HEARING ENTERED 1-17-20 - (DOCKET NO. [32])

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

James Alvin Grove Represented ByMichael N Nicastro

Trustee(s):

Jeffrey I Golden (TR) Pro Se

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Santa Ana


9:00 AMIce Energy Holdings, Inc.8:19-14865 Chapter 7

#7.00Motion for relief from stay [Unlawful Detainer]

RREEF CPIF 1575 Sunflower, LLC vs. DEBTOR(Motion filed 1/2/20)

[RE: 1575 Sunflower Avenue, Costa Mesa, CA 92926]

12Docket *** VACATED *** REASON: CONTINUED TO FEBRUARY 10, 2020 AT 9:00 A.M. PER ORDER APPROVING STIPULATION TO CONTINUE HEARING ENTERED ON 1-14-20 - (DOCKET NO. [15])

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Ice Energy Holdings, Inc. Represented ByHamid R Rafatjoo

Trustee(s):

Thomas H Casey (TR) Pro Se

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Santa Ana


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

#1.00Hearing RE: First And Final Application For Approval Of Chapter 11 Fees And Reimbursement Of Expenses For The Period From January 7, 2013 Through September 24, 2014(Motion filed 1/7/29)

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

306Docket


The Court will grant the application. The compensation is approved as to Schulman Bastian LLP, with fees in the amount of $180,257.00 and expenses in the amount of $9,248.24. The Court will approve a payment (subject to the availability of funds and the subordination of chapter 11 fees and expenses to chapter 7 fees and expenses) of $117,805.24.

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

Tentative Ruling:

Party Information

Debtor(s):

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

Trustee(s):

Jeffrey I Golden (TR) Represented ByLeonard M ShulmanBeth Gaschen

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Santa Ana


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

Melissa Davis Lowe

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Santa Ana



#2.00Hearing RE: Trustee's Amended Final Report And Applications For Compensation And Reimbursement Of Expenses(Final Report filed 12/12/19)(Amended Final Report filed 12/20/19)

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

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

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

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

Prior Chapter Fees And Administrative Expenses:

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

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

299Docket


Tentative Ruling:

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Santa Ana



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

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

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

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

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

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

Party Information

Debtor(s):


Trustee(s):

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

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Santa Ana



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


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

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

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



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

301Docket


Tentative Ruling:

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Santa Ana



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

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

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

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

The compensation is approved as to Shulman Bastian LLP, with fees in the amount of $60,339.22 and expenses in the amount of $1,908.67.

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

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

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

Proposed payments are all approved.

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

Party Information

Debtor(s):


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Santa Ana



Trustee(s):Jeffrey I Golden (TR) Represented By

Leonard M ShulmanBeth GaschenMelissa Davis Lowe

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Santa Ana



#4.00Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses(Final Report filed 12/12/19)


[RE: IMS - Field Representative/Adjuster For Chapter 7 Trustee][Fees: $12,433.04; Expenses: $0.00]

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

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

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

294Docket *** VACATED *** REASON: OFF CALENDAR - WITHDRAWAL OF TRUSTEE'S FINAL REPORT AND NOTICE OF TRUSTEE'S FINAL REPORT FILED 12-19-19- (DOCKET NO. [297])

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


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Santa Ana



Trustee(s):Jeffrey I Golden (TR) Represented By

Leonard M ShulmanBeth GaschenMelissa Davis Lowe

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Santa Ana


2:00 PMJoseph Group, Inc8:11-21301 Chapter 7

#5.00Hearing RE: Trustee's Final Report And Applications For Compensation And Reimbursement Of Expenses(Final Report filed 12/12/19)


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

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

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



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

45Docket *** VACATED *** REASON: OFF CALENDAR - WITHDRAWAL OF TRUSTEE'S FINAL REPORT AND NOTICE OF TRUSTEE'S FINAL REPORT FILED 12-19-19- (DOCKET NO. [48])

- NONE LISTED -

Tentative Ruling:

Party Information

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Santa Ana


2:00 PMJoseph Group, IncCONT... Chapter 7

Debtor(s):

Joseph Group, Inc Represented ByMelissa Davis LoweLeonard M Shulman

Trustee(s):

Jeffrey I Golden (TR) Represented ByMelissa Davis Lowe

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Santa Ana


2:00 PMMichael Younessi8:16-15208 Chapter 11

#6.00Hearing RE: Motion To Dismiss Or Convert Reorganized Debtor's Case Under 11 U.S.C. Section 1112(b) For Failure To Pay Post-Confirmation Quarterly Fees And Submit U.S. Trustee Post-Confirmation Reports(Motion filed 11/20/19)

287Docket *** VACATED *** REASON: OFF CALENDAR - VOLUNTARY DISMISSAL OF U.S. TRUSTEE'S MOTION FILED 12-16-19 - (DOCKET NO. [293])

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Michael Younessi Represented ByMichael JonesSara Tidd

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Santa Ana


2:00 PMFred Asafu-Adjaye and Esther Asafu-Adjaye8:18-10013 Chapter 11

#7.00Hearing RE: Application For Payment Of Final Fees And/Or Expenses For The Period From September 17, 2019 Through January 6, 2020(Motion filed 1/6/20)

[RE: LAW OFFICES OF LIONEL E. GIRON, APC - Attorneys For Debtors] [Fees: $8,675.00; Expenses: $72.75]

169Docket


The Court finds that the Applicant's requested compensation represents reasonable compensation for the services rendered in the applicable time period of the application. The compensation is approved on a final basis, with fees in the amount of $8,675.00 and expenses in the amount of $72.75. Additionally, fees allowed on an interim basis are now allowed on a final basis.

APPLICANT TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Tentative Ruling:

Party Information

Debtor(s):

Fred Asafu-Adjaye Represented ByLionel E GironCrystle Jane LindseyJoanne P Sanchez

Joint Debtor(s):

Esther Asafu-Adjaye Represented ByLionel E Giron

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Santa Ana


2:00 PMFred Asafu-Adjaye and Esther Asafu-AdjayeCONT... Chapter 11

Crystle Jane LindseyJoanne P Sanchez

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Santa Ana


2:00 PMQDOS, Inc8:18-11997 Chapter 11

#8.00Hearing RE: Motion For Reconsideration Of Scheduling Order After Remand(Motion filed 12/18/19)

132Docket


The United States Bankruptcy Appellate Panel of the Ninth Circuit (the "BAP") filed

its opinion reversing and remanding this Court’s order dismissing an involuntary

chapter 11 petition against alleged debtor QDOS, Inc. ("QDOS") on November 7,

2019. The BAP issued the mandate to this Court on December 3, 2019. The next

day, December 4, 2019, this Court filed and entered a Scheduling Order After

Remand, Docket No. 130 (the "Scheduling Order"). Two days later, on December 6,

2019, QDOS filed a notice of appeal of the BAP’s decision, seeking review of that

decision by the United States Court of Appeals for the Ninth Circuit (the "Ninth

Circuit").

Now before the Court is petitioning creditors’ Motion for Reconsideration of

Scheduling Order After Remand, Docket No. 132, filed December 18, 2019 (the

"Motion"). The Motion asks the Court to "immediately vacate the Remand

Scheduling Order and schedule and conduct a status conference on both discovery

and trial scheduling before entering an order fixing discovery and/or trial

schedules." Motion at page 10 of 11, lines 17-20. Petitioning creditors contend that

this Court lacks jurisdiction with respect to the involuntary petition creditor now

that a notice of appeal to the Ninth Circuit has been filed. QDOS agrees with

petitioning creditors that the notice of appeal divested this Court of jurisdiction.

Tentative Ruling:

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Santa Ana


2:00 PMQDOS, IncCONT... Chapter 11

It would appear that, following the issuance of the mandate on December 3, 2019 –

which restored this Court’s jurisdiction over the involuntary proceeding – the Court

again lost jurisdiction on December 6, 2019 when QDOS filed a notice of appeal to

the Ninth Circuit. Marino v. Classic Auto Refinishing, Inc. (In re Marino), 234 B.R.

767, 770 (B.A.P. 9th Cir. 1999). For this reason, and in addition for reasons of

judicial economy, the Court grants the Motion in part and vacates the Scheduling

Order. Based upon this disposition, it is unnecessary for the Court to address other

arguments raised in the Motion relating to the contents of the Scheduling Order.

Party Information

Debtor(s):

QDOS, Inc Represented ByDamian D Capozzola

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Santa Ana


2:00 PMAllan Eli Gindi and Carol June Gindi8:19-10198 Chapter 11

#9.00Hearing RE: First Interim Application For Compensation And Reimbursement Of Expenses For The Period From June 13, 2019 Through December 31, 2019(Motion filed 1/6/20)

[RE: LAW OFFICES OF MICHAEL G. SPECTOR - Attorneys For Debtor][Fees: $86,040.11; Expenses: $2,720.20]

311Docket


Because this is an interim as opposed to a final fee application, the Court will overrule Totaro & Shanahan's limited opposition without prejudice to Totaro & Shanahan's right to make arguments regarding fee payment priorities in connection with the final fee application hearing.

The Court finds that the The Law Offices of Michael G. Spector's requested compensation represents reasonable compensation for the services rendered in the applicable time period of the application. The compensation is approved on an interim basis, with fees in the amount of $56,983.61 and expenses in the amount of $2,720.20.

LAW OFFICES OF MICHAEL G. SPECTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Tentative Ruling:

Party Information

Debtor(s):

Allan Eli Gindi Represented ByMichael G SpectorVicki L Schennum

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Santa Ana


2:00 PMAllan Eli Gindi and Carol June GindiCONT... Chapter 11

Joint Debtor(s):

Carol June Gindi Represented ByMichael G SpectorVicki L SchennumCandice Candice Bryner

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Santa Ana


2:00 PMAllan Eli Gindi and Carol June Gindi8:19-10198 Chapter 11

#10.00Hearing RE: Application For Payment Of Interim Fees And/Or Expenses For The Period From June 11, 2019 Through December 31, 2019(Motion filed 1/6/20)

[RE: M. CANDICE BRYNER OF BRYNER CROSBY, APC - Attorneys for Debtors - Litigation Counsel][Fees: $8,440.00; Expenses: $192.64]

314Docket


Because this is an interim as opposed to a final fee application, the Court will overrule Totaro & Shanahan's limited opposition without prejudice to Totaro & Shanahan's right to make arguments regarding fee payment priorities in connection with the final fee application hearing.

The Court finds that the Bryner Crosby APC's requested compensation represents reasonable compensation for the services rendered in the applicable time period of the application. The compensation is approved on an interim basis, with fees in the amount of $8,440.00 and expenses in the amount of $192.64.

LAW OFFICES OF MICHAEL G. SPECTOR TO LODGE ORDER VIA LOU WITHIN 7 DAYS.

Tentative Ruling:

Party Information

Debtor(s):

Allan Eli Gindi Represented ByMichael G SpectorVicki L Schennum

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Santa Ana


2:00 PMAllan Eli Gindi and Carol June GindiCONT... Chapter 11

Joint Debtor(s):

Carol June Gindi Represented ByMichael G SpectorVicki L SchennumCandice Candice Bryner

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Santa Ana


2:00 PMRichard J. Kelly and Mary J. Kelly8:19-12127 Chapter 7

#11.00Hearing RE: Objection To Debtors' Claims Of Exemption(Motion filed 12/13/19)

33Docket


No tentative ruling.

Tentative Ruling:

Party Information

Debtor(s):

Richard J. Kelly Represented ByJ Scott Williams

Joint Debtor(s):

Mary J. Kelly Represented ByJ Scott Williams

Trustee(s):

Jeffrey I Golden (TR) Represented ByFaye C Rasch

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