Tentative Ruling. The tentative ruling of the Court is to deny the motion without prejudice because the movant did not serve the debtor pursuant to LBR 4001-1(c)(1)(C)(i). Party Information Debtor(s): Xxxxx Road Production Campus, Represented By Xxxxxx X Xxxx Movant(s): Xxxxxxxx Xxxxx Xxxxx Represented By Xxxxx X Xxxx Trustee(s): Xxxxxx Xxxxxxxx (TR) Represented By Xxxxxxx X Xxxxxxxx 1:30 PM 6:11-40323 Xxxx Xxxxxxx Chapter 13 Adv#: 6:20-01184 Xxxxxxx x. OneWest Bank FSB, successor in interest to Indymac #14.00 Status conference re: Complaint to avoid junior lien of Onewest Bank FSB [Property: 00000 Xxxxxx Xxxxxx, Xxxxxxx, XX 00000] FROM: 2-11-21 Docket 1 Tentative Ruling: - NONE LISTED - Party Information Debtor(s): Xxxx Xxxxxxx Represented By Xxxxxx X Xxxxxxxx Defendant(s): OneWest Bank FSB, successor in Pro Se Plaintiff(s): Xxxx Xxxxxxx Represented By Xxxxxx X Xxxxxxxx Trustee(s): Xxx (MJ) Xxxxxxxxx (TR) Represented By Xxx (MJ) Xxxxxxxxx (TR) 1:30 PM 6:11-40323 Xxxx Xxxxxxx Chapter 13 Adv#: 6:20-01184 Xxxxxxx x. OneWest Bank FSB, successor in interest to Indymac #15.00 Hrg re motion for default judgment FROM: 1-28-21 Docket 6 Tentative Ruling: - NONE LISTED - Party Information Debtor(s): Xxxx Xxxxxxx Represented By Xxxxxx X Xxxxxxxx Defendant(s): OneWest Bank FSB, successor in Pro Se Plaintiff(s): Xxxx Xxxxxxx Represented By Xxxxxx X Xxxxxxxx Trustee(s): Xxx (MJ) Xxxxxxxxx (TR) Represented By Xxx (MJ) Xxxxxxxxx (TR) 1:30 PM 6:20-13919 Xxxxxx Xxx Xxxxxxx Chapter 7 Adv#: 6:20-01155 Xxxxxxxx et xx x. Xxxxxxx #16.00 Hrg re order to show cause regarding why this adversary proceeding should not be dismissed FROM: 1-14-21 Docket 0 Tentative Ruling: - NONE LISTED - Party Information Debtor(s): Xxxxxx Xxx Xxxxxxx Represented By Xxxxxx X Xxx Defendant(s): Xxxxxx Xxx Xxxxxxx Pro Se Plaintiff(s): Xxxx Xxxxxxxx Represented By Xxxx X Xxxxxx Xxxxxx Xxxxxxxx Pro Se Trustee(s): Xxxx X Xxxxxxxx (TR) Represented By Xxxxxxx X Xxxxxxxx Tinho Xxxx Xxxxxx Xxxx & Xxxxxxx LLP 1:30 PM 6:20-13919 Xxxxxx Xxx Xxxxxxx Chapter 7 Adv#: 6:20-01155 Xxxxxxxx et xx x. Xxxxxxx #17.00 Status conference re: Complaint to determine dischargeability of debt FROM: S/C 12-3-20, 1-14-21 Docket 1 Tentative Ruling: Party Information - NONE LISTED - Debtor(s): Xxxxxx Xxx Xxxxxxx Represented By Xxxxxx X Xxx Defendant(s): Xxxxxx Xxx Xxxxxxx Pro Se Plaintiff(s): Xxxx Xxxxxxxx Represented By Xxxx X Xxx Xxxxxx Xxxxxxxx Represented By Xxxx X Xxx Trustee(s): Xxxx X Xxxxxxxx (TR) Represented By Xxxxxxx X Xxxxxxxx Tinho Mang 1:...
Tentative Ruling. For the foregoing reasons, the Court is inclined to DENY the motion to dismiss and the motion for default judgment, and CONTINUE the hearing on the motion for summary 2:00 PM CONT...
Tentative Ruling. Xxxxxx opposes and explains that she will file and serve a motion to modify or suspend plan payments. T’ee. opposes Xxxxxx’s motion to modify or suspend plan payments, which is set for hearing on 12-17-19 at 11:00 a.m. APPEARANCE REQUIRED unless Trustee stipulates to continue. Party Information Debtor(s): Xxxx X. Xxxxxxxx Represented By Xxxxx X Xxxxxx Trustee(s): Xxxxxxxxx (SV) X Xxxxx (TR) Pro Se 11:00 AM 1:18-10222 Xxxxx Xxxxxxx Xxxxxxx Chapter 13 #118.00 Motion to Dismiss Case for Failure to Make Plan Payments Docket 48 *** VACATED *** REASON: Trustee filed a withdrawal - doc. #52. lf Tentative Ruling: Party Information - NONE LISTED - Debtor(s): Xxxxx Xxxxxxx Xxxxxxx Represented By Xxxxxx X Xxxxxxxx Trustee(s): Xxxxxxxxx (SV) X Xxxxx (TR) Pro Se 11:00 AM 1:18-10551 Xxxxxxx Xxxxxxxx Chapter 13 #119.00 Motion to Dismiss Case for Failure to Make Plan Payments fr. 9/24/19 Docket 68 Tentative Ruling: Cont’d. fr. 9-24-19 Xxxxxx opposed explaining that he suffered financial hardship because his brother and tenant failed to pay rent due to diabetes complications. Xxxxxx would like to reinstate his post-petition arrears by modifying the plan. Debtor has not filed a motion for plan modification. Party Information APPEARANCE REQUIRED unless Trustee stipulates to continue. Debtor(s): Xxxxxxx Xxxxxxxx Represented By Xxxxxx X Xxxxxxxx Trustee(s): Xxxxxxxxx (SV) X Xxxxx (TR) Pro Se 11:00 AM 1:18-10629 Xxxx Xxxxx Xxxxxxx Chapter 13 #120.00 Motion to Dismiss Case for Failure to Make Plan Payments
Tentative Ruling. This matter was continued to allow for the parties to file an updated reaffirmation. On 3/8/21, a reaffirmation agreement was filed by creditor Kinecta C.U., purporting to treat the same debt obligation, ECF doc. 16. The newly filed reaffirmation agreement is set for hearing on April 20, 2021, at 8:30 a.m. This matter appears to be moot, given the filing of doc. 16. APPEARANCES WAIVED on 3/16/21 2-16-21 TENTATIVE BELOW This hearing was continued from Dec. 15, 2020, and again from Jan. 19, 2021, to allow Debtor the opportunity research whether the reaffirmed loans for the 2014 Ford Explorer & the 2012 Ford Escape were cross-collateralized with this "overdraft" line of credit, and whether the agreement could be amended to include a provision providing for Kinecta to report timely payments to credit reporting bureaus. If Xxxxxx chooses not to appear, the reaffirmation may be denied but Xxxxxx was informed by volunteer counsel and the Court that he was free to voluntarily make payments on this overdraft line of credit to maintain his good standing with Kinecta. APPEARANCE REQUIRED or reaffirmation to be denied. 12/15/20 TENTATIVE BELOW Petition date: 8/17/2020 Was Reaffirmation Agreement filed w/in 60 days of the conclusion of the 1st 341(a) meeting as required by LR 4008-1? Yes Discharge?: No Property: "LINE OF CREDIT" Debtor’s valuation of property (Sch. B): not listed on Sch. B Amount to be reaffirmed: $5,000.00 (balance due -$2,608.62) Reaffirmation Agreem't, Part I, 8:30 AM CONT...
Tentative Ruling. As discussed on the record at the prior status conference on September 22, 2022, appearances are required in person today in the courtroom by counsel of Party Information record. Appearances by telephone or by special appearance counsel are not authorized for the hearing. Debtor(s): Xxxxxx Xxxxx Xxxxxxx Represented By Xxx Xxxx Defendant(s): Xxxxxx Xxxxx Xxxxxxx Pro Se Plaintiff(s): Abdiana Properties, Inc. and Represented By Xxxxxxx X Xxxxx Trustee(s):
Tentative Ruling. Party Information - NONE LISTED - Debtor(s): Xxxx Xxxxxxxx Xxxxx Represented By Xxxx X Xxxxxx Defendant(s): VAE Enterprises, Inc. Pro Se South E Solutions, Inc. Pro Se Xxxxxxx Xxxxxxx Pro Se Plaintiff(s): Xxxxxx X Xxxxxxxxx, Chapter 7 Represented By Xxx X Xxxxxxxxxx Trustee(s): Xxxxxx X Xxxxxxxxx (TR) Represented By Xxxxxx X Xxxxxxx 10:30 AM
Tentative Ruling. The motion is DENIED. For actions upon breach of contract the Plaintiff is given the choice of where to file his or her action, choosing between the defendant’s residence, the place of performance, or the place where the contract was entered into. C.C.P. § 395. By any reasonable interpretation the place of performance of a contract for home care is the location of the patient receiving the services. Thus, Plaintiff’s selection is justified. Provisions in contracts which attempt to select venue are void. General Acceptance Corp. of California x. Xxxxxxxx (1929) 207 Cal. 285. To the extent that Defendant intends this motion to be for change of venue based upon forum non convens the request is, in any event, denied. There is no evidence that any party would be less convenience in Contra Costa County. ADD-ONS
Tentative Ruling. Party Information - NONE LISTED - Debtor(s): Xxxxxxx Xxxxx Xxxx Represented By Xxxx X Xxxxxx Defendant(s): Xxxxxxx Xxxxx Xxxx Pro Se Mojave Express LLC Pro Se Plaintiff(s): Xxxxx Xxxxxxx Xxxxxxx Pro Se Trustee(s): Xxxxxx Xxxxxxxx (TR) Represented By Xxxxxxx X Xxxxxx 1:30 PM
Tentative Ruling. Party Information - NONE LISTED - Debtor(s): Xxxxxxxx Xxxxxx Xxxxxxx Represented By Xxxx X Xxx Trustee(s): Xxx Xxxxxxxxx (TR) Pro Se 1:00 PM 6:18-14507 Xxxx Xxxxxxxxxx and Xxxxxxx Xxxxxxxxxx Chapter 13 #25.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-6-18, 7-18-18 Docket 2 Tentative Ruling: Party Information - NONE LISTED - Debtor(s): Xxxx Xxxxxxxxxx Represented By Xxxxxx Xxxxxx Joint Debtor(s): Xxxxxxx Xxxxxxxxxx Represented By Xxxxxx Xxxxxx Trustee(s): Xxx Xxxxxxxxx (TR) Pro Se 1:00 PM 6:18-14545 Xxxxxx Xxxxxx Xxxxxxxx Chapter 13 #26.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-6-18, 7-18-18 Docket 2 Tentative Ruling: - NONE LISTED - Party Information Debtor(s): Xxxxxx Xxxxxx Xxxxxxxx Represented By D Xxxxxx Xxxxxxx Trustee(s): Xxx Xxxxxxxxx (TR) Pro Se 1:00 PM 6:18-14697 Xxxxxxx Xxxx Xxxx Chapter 13 #27.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-6-18, 7-18-18 Docket 2 Tentative Ruling: Party Information - NONE LISTED - Debtor(s): Xxxxxxx Xxxx Xxxx Represented By Xxxxx X Xxxxxxxx Trustee(s): Xxx Xxxxxxxxx (TR) Pro Se 1:00 PM 6:18-15035 Xxxxx Xxxxxxxx Xxxxxx Chapter 13 #28.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 7-18-18, 0-0-00 Xxxxxx 0 Xxxxxxxxx Xxxxxx: Party Information - NONE LISTED - Debtor(s): Xxxxx Xxxxxxxx Xxxxxx Represented By Xxxxx X Xxxxxxx Trustee(s): Xxx Xxxxxxxxx (TR) Pro Se 2:00 PM 6:18-10705 Xxxxxxx Xxx Xxxxxx Chapter 13 #29.00 Hrg re status conference regarding confirmation of the chapter13 plan FROM: 3-14-18, 3-28-18, 5-23-18, 6-15-18, 0-0-00 Xxxxxx 00 Xxxxxxxxx Xxxxxx: Party Information - NONE LISTED - Debtor(s): Xxxxxxx Xxx Xxxxxx Represented By Xxxxx Xxxxxx Trustee(s): Xxx Xxxxxxxxx (TR) Pro Se 2:00 PM 6:18-12263 Xxxxxxxxxxx Xxxxxx Chapter 13 #30.00 Hrg re status conference regarding confirmation of the chapter13 plan FROM: 5-2-18, 6-13-18,9-28-18 Docket 2 Tentative Ruling: Party Information - NONE LISTED - Debtor(s): Xxxxxxxxxxx Xxxxxx Represented By Xxxxxx X Xxxxx Trustee(s): Xxx Xxxxxxxxx (TR) Pro Se 2:00 PM 6:18-12793 Xxxxx Xxxxxxx Chapter 13 #31.00 Hrg re status conference regarding confirmation of the chapter 13 plan FROM: 6-15-18, 0-0-00 Xxxxxx 0 Xxxxxxxxx Xxxxxx: Party Information - NONE LISTED - Debtor(s): Xxxxx Xxxxxxx Represented By Xxxx X Xxx Trustee(s): Xxx Xxxxxxxxx (TR) Pro Se 2:00 PM 6:18-13012 Xxxxxxxxx Xxxxxxxxx Xxxxx Chapter 13 #32.00 Hrg re status conference regardi...
Tentative Ruling. T’ee. states that Debtor is in material default and has a $15,526.76 remaining balance. No opposition filed. APPEARANCE REQUIRED unless Trustee stipulates to continue. Party Information Debtor(s): Xxx Xxxxxx Xxxxxxxxxx Represented By Xxxx Xxxxxxx Trustee(s): Xxxxxxxxx (SV) X Xxxxx (TR) Pro Se 11:00 AM
