Case 8:17-bk-11334-MW Doc 134 Filed 10/29/18 Entered 10/29 ...

This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

December 2012 F 6004-2.NOTICE.SALE

Sale Date: Time:

Location:

Type of Sale: Public Private Last date to file objections:

Description of property to be sold:

Terms and conditions of sale:

Proposed sale price: _________________________________

Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & Email Address

FOR COURT USE ONLY

Individual appearing without attorneyAttorney for:

UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - DIVISION

CASE NO.:

CHAPTER:

In re:

NOTICE OF SALE OF ESTATE PROPERTY

Debtor(s).

WEILAND GOLDEN GOODRICH LLP Jeffrey I. Golden, State Bar No. 133040 [email protected] Reem J. Bello, State Bar No. 198840 [email protected] 650 Town Center Drive, Suite 600 Costa Mesa, California 92626 Telephone 714-966-1000 Facsimile 714-966-1002

Chapter 7 Trustee Weneta M.A. Kosmala

SANTA ANA DIVISION

MEGA DEVELOPMENT GROUP LLC,8:17-bk-11334-MW

7

11/19/2018 2:00 pm

United States Bankruptcy Court, Courtroom 6C, 411 West Fourth Street, Santa Ana, California 92701

11/05/2018

33932 Valencia Place, Dana Point, California 92629.All of the Estate's right, title and interest in the residential real property located at

where is," with no warranties or guaranties of any kind. Offer must be non-contingent and "all cash" to the estate (i.e. buyer has immediately available third-party funding). Sale is subject to Bankruptcy Court approval. Other terms and conditions apply; see motion on file with the Clerk of Court.

Subject to overbid. Earnest money deposit of $45,000.00 required. Sale is "as is,

$ 1,150,000.00

Case 8:17-bk-11334-MW Doc 134 Filed 10/29/18 Entered 10/29/18 16:08:30 Desc Main Document Page 1 of 18

This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.

December 2012 F 6004-2.NOTICE.SALE

Overbid procedure (if any):

If property is to be sold free and clear of liens or other interests, list date, time and location of hearing:

Contact person for potential bidders (include name, address, telephone, fax and/or email address):

Date:

Overbid increments: $5,000.00 initial / $2,000.00 thereafter. $45,000.00 earnest money

deposit.

Sale Date: November 19, 2018, 2:00 p.m. Location United States Bankruptcy Court Central District of California, Santa Ana Division 411 W. Fourth Street, Courtroom 6C Santa Ana, CA 92701

Clarence Yoshikane Pacific Sotheby's International Realty 1200 Newport Center Drive, Suite 100 Newport Beach, CA 92660 (714) 606-5765, Direct Line [email protected]

10/29/2018


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Overbid Procedures - Case No. 8:17-bk-11334-MW

The Trustee proposes the following procedure to allow for overbids prior to the

Court's approval of the sale of the Property to ensure that the Property is sold for the

best possible price:

1. Qualifying bidders ("Qualifying Bidder") shall:

a. Bid at least $1,155,000.00 in cash for the Property;

b. Set forth in writing the terms and conditions of the offer that

are at least as favorable to the Trustee as those set forth in the Purchase

Agreement attached to the Motion as Exhibit 5;

c. Be financially qualified, in the Trustee's exercise of her

sound business judgment, to close the sale as set forth in the Purchase

Agreement;

d. Submit an offer that does not contain any contingencies to

closing the sale, including, but not limited to, financing, inspection, or

repair contingencies;

e. Submit a cash deposit for each property in the amount of

$45,000.00 (the "Overbid Deposit") payable to Weneta M.A. Kosmala,

Chapter 7 Trustee for the Bankruptcy Estate of Mega Development Group

LLC, in the form of a cashier's check, which Overbid Deposit shall be non-

refundable if the bid is deemed to be the Successful Bid, as defined in

paragraph 4 below. The Overbid Deposit, written offer, and evidence of

financial qualification must be delivered to the Trustee’s counsel (at the

address shown in the upper left hand corner of the first page of this

Motion) by no later than 4:00 p.m., Pacific Standard Time, on

November 15, 2018 (the “Overbid Deadline”). In her absolute and sole

discretion, the Trustee shall have the right to accept additional overbids

submitted prior to the hearing but after the Overbid Deadline.

Case 8:17-bk-11334-MW Doc 134 Filed 10/29/18 Entered 10/29/18 16:08:30 Desc Main Document of 18

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2. At the hearing on the Motion, only the Buyer and any party who is

deemed a Qualifying Bidder shall be entitled to bid.

3. Any incremental bid in the bidding process shall be at least

$2,000.00 higher than the prior bid.

4. At the hearing on the Motion and upon conclusion of the bidding

process, the Trustee shall decide, subject to Court approval, which of the bids is

the best bid, and such bid shall be deemed to be the "Successful Bid." The

bidder who is accepted by the Trustee as the successful bidder (the "Successful

Bidder") must pay all amounts reflected in the Successful Bid in cash at the

closing of the sale. At the hearing on the Motion, and upon conclusion of the

bidding process, the Trustee may also acknowledge a back-up bidder (the "Back-

Up Bidder") which shall be the bidder with the next best bid. Should the

Successful Bidder fail to close escrow on the sale of the Property, the Trustee

may sell the Property to the Back-Up Bidder without further Court order.

5. Overbids shall be all cash and no credit shall be given to the

purchaser or overbidder(s).

6. Upon the conclusion of the auction, any Overbid Deposits, other

than the deposits submitted by the Successful Bidder and the Back-Up Bidder,

will be promptly returned. The deposit of the Back-Up Bidder will be returned

promptly following the close of escrow for the sale of the Property to the

Successful Bidder.

7. In the event the Buyer is not the Successful Bidder, then the

Successful Bidder shall reimburse the Buyer up to $1,000.00 in costs incurred.

Only a physical inspection, termite inspection and loan appraisal are

reimbursable expenses. Monies are to be collected by Pickford Escrow. Proof of

monies spent shall be given to the Successful Bidder.


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Overbid Procedures - Case No. 8:17-bk-11334-MW

The Trustee proposes the following procedure to allow for overbids prior to the

Court's approval of the sale of the Property to ensure that the Property is sold for the

best possible price:



b. Set forth in writing the terms and conditions of the offer that

are at least as favorable to the Trustee as those set forth in the Purchase

Agreement attached to the Motion as Exhibit 5;

c. Be financially qualified, in the Trustee's exercise of her

sound business judgment, to close the sale as set forth in the Purchase

Agreement;


closing the sale, including, but not limited to, financing, inspection, or

repair contingencies;

e. Submit a cash deposit for each property in the amount of

$45,000.00 (the "Overbid Deposit") payable to Weneta M.A. Kosmala,

Chapter 7 Trustee for the Bankruptcy Estate of Mega Development Group

LLC, in the form of a cashier's check, which Overbid Deposit shall be non-

refundable if the bid is deemed to be the Successful Bid, as defined in

paragraph 4 below. The Overbid Deposit, written offer, and evidence of

financial qualification must be delivered to the Trustee’s counsel (at the

address shown in the upper left hand corner of the first page of this

Motion) by no later than 4:00 p.m., Pacific Standard Time, on

November 15, 2018 (the “Overbid Deadline”). In her absolute and sole

discretion, the Trustee shall have the right to accept additional overbids

submitted prior to the hearing but after the Overbid Deadline.


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2. At the hearing on the Motion, only the Buyer and any party who is

deemed a Qualifying Bidder shall be entitled to bid.

3. Any incremental bid in the bidding process shall be at least

$2,000.00 higher than the prior bid.

4. At the hearing on the Motion and upon conclusion of the bidding

process, the Trustee shall decide, subject to Court approval, which of the bids is

the best bid, and such bid shall be deemed to be the "Successful Bid." The

bidder who is accepted by the Trustee as the successful bidder (the "Successful

Bidder") must pay all amounts reflected in the Successful Bid in cash at the

closing of the sale. At the hearing on the Motion, and upon conclusion of the

bidding process, the Trustee may also acknowledge a back-up bidder (the "Back-

Up Bidder") which shall be the bidder with the next best bid. Should the

Successful Bidder fail to close escrow on the sale of the Property, the Trustee

may sell the Property to the Back-Up Bidder without further Court order.

5. Overbids shall be all cash and no credit shall be given to the

purchaser or overbidder(s).

6. Upon the conclusion of the auction, any Overbid Deposits, other

than the deposits submitted by the Successful Bidder and the Back-Up Bidder,

will be promptly returned. The deposit of the Back-Up Bidder will be returned

promptly following the close of escrow for the sale of the Property to the

Successful Bidder.

7. In the event the Buyer is not the Successful Bidder, then the

Successful Bidder shall reimburse the Buyer up to $1,000.00 in costs incurred.

Only a physical inspection, termite inspection and loan appraisal are

reimbursable expenses. Monies are to be collected by Pickford Escrow. Proof of

monies spent shall be given to the Successful Bidder.


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1

WEILAND GOLDEN GOODRICH LLP Jeffrey I. Golden, State Bar No. 133040 [email protected] Reem J. Bello, State Bar No. 198840 [email protected] 650 Town Center Drive, Suite 600 Costa Mesa, California 92626 Telephone 714-966-1000 Facsimile 714-966-1002 Counsel for Chapter 7 Trustee Weneta M.A. Kosmala

UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA

SANTA ANA DIVISION

In re MEGA DEVELOPMENT GROUP LLC,

Debtor.

Case No. 8:17-bk-11334-MW Chapter 7 NOTICE OF HEARING ON CHAPTER 7 TRUSTEE’S MOTION FOR ORDER: (1) AUTHORIZING SALE OF REAL

PROPERTY FREE AND CLEAR OF LIENS, CLAIMS, AND INTERESTS PURSUANT TO 11 U.S.C. §§ 363(b) AND (f);

(2) APPROVING OVERBID PROCEDURES; (3) APPROVING BUYER, SUCCESSFUL

BIDDER, AND BACK-UP BIDDER AS GOOD-FAITH PURCHASER PURSUANT TO 11 U.S.C. § 363(m);

(4) AUTHORIZING PAYMENT OF UNDISPUTED LIENS, REAL ESTATE BROKER'S COMMISSIONS AND OTHER ORDINARY COSTS OF SALE; AND

(5) DIRECTING ALL OCCUPANTS OF THE PROPERTY TO VACATE AND REMOVE THEIR POSSESSIONS

[33932 Valencia Place, Dana Point, California 92629] DATE: November 19, 2018 TIME: 2:00 p.m. PLACE: Courtroom 6C 411 West Fourth Street

Santa Ana, California 92701



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1192991.1 2 NOTICE OF HEARING

TO THE DEBTOR, CREDITORS, OFFICE OF THE UNITED STATES TRUSTEE AND ALL PARTIES IN INTEREST:

PLEASE TAKE NOTICE that on November 19, 2018, at 2:00 p.m. in the United

States Bankruptcy Court for the Central District of California, Santa Ana Division, located at 411 W. Fourth Street, Santa Ana, California, in Courtroom 6C, the Court will hold a hearing on the Motion for Order: (1) Authorizing Sale of Real Property Free and Clear of Liens, Claims, and Interests Pursuant to 11 U.S.C. §§ 363(b) and (f); (2) Approving Overbid Procedures; (3) Approving Buyer, Successful Bidder, and Back-up Bidder as Good-Faith Purchaser Pursuant to 11 U.S.C. § 363(m); (4) Authorizing Payment of Undisputed Liens, Real Estate Broker's Commissions and Other Ordinary Costs of Sale; and (5) Directing all Occupants of the Property to Vacate and Remove Their Possessions (the "Motion")1 filed by Weneta M.A. Kosmala, the chapter 7 trustee (the "Trustee") for the bankruptcy estate (the "Estate") of Mega Development Group LLC (the "Debtor"), which seeks an order:

1. approving the Purchase Agreement (defined below) and the sale of the real

property located at 33932 Valencia Place, Dana Point, California 92629 (the “Property”), as is, where is, with all faults, without warranty or recourse, but free and clear of any and all liens, claims, and interests (described below), together with all improvements, as well as all easements and appurtenances pursuant to 11 U.S.C. §§ 363(b) and (f);

a. to David Buskirk and/or assigns (together, the "Buyer"), whose

address is 34145 Pacific Coast Highway, #659, Dana Point, California 92629, for $1,150,000.00 (the "Purchase Price") pursuant to the terms of the Residential Purchase Agreement and Joint Escrow Instructions, the Addendum, and the Addendum to Purchase Agreement entered into between the Trustee and the Buyer (together, the "Purchase Agreement"), a copy of which is attached as Exhibit 5 to the Motion; or

b. to the successful bidder whose purchase offer for the Property is

accepted by the Trustee at the hearing on the Motion;

2. approving the overbid procedures set forth in the Motion as summarized below;

3. approving the Buyer, the successful bidder, and the back-up bidder as a

"good faith" purchaser under § 363(m) of the Bankruptcy Code; 4. authorizing the return of any Overbid Deposit without further court order to

those whose bids are not deemed to be the Successful Bid; 5. authorizing the Trustee to pay, from the Net Proceeds, any tax liability to the

Estate from the sale;

1 All capitalized terms have the same meaning or definition as the capitalized terms in the Motion.



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6. directing Debtor and all other occupants of the Property to vacate the Property and remove all of their personal property within 14 calendar days of the date of entry of the order granting the Motion;

7. authorizing the Trustee to pay, through escrow, from the proceeds of the

sale and without further order of the Court, the Lien Payoff Amount, the broker's commission, real property taxes and assessments prorated as of the close of escrow for the sale, and any escrow fees, title insurance premiums and other ordinary and typical closing costs and expenses payable by the Trustee pursuant to the Purchase Agreement or in accordance with local custom;

8. determining that the sales proceeds remaining after payment of the items set forth above (the "Net Proceeds") will not be disbursed without further order of this Court;

9. authorizing the Trustee to take any and all necessary actions to consummate the sale of the Property;

10. waiving any requirements for lodging periods of the order approving this Motion imposed by Local Bankruptcy Rule 9021-1 and any other applicable bankruptcy rules; and

11. waiving the stay of the order approving this Motion imposed by Federal Rule of Bankruptcy Procedure 6004(h) and any other applicable bankruptcy rules.

In addition, in connection with the entry of the above order, the Trustee requests

that the Court issue a writ of execution that the Trustee is authorized to deliver to the United States Marshal Service fourteen (14) calendar days after entry of the above order if Mr. Durst and his wife fail to voluntarily comply with the order. Specifically, the Trustee requests that the Court issue a Writ of Execution directed at the United States Marshal Service that directs and authorizes the United States Marshal Service to enforce the order pursuant to the following terms and conditions:

a. The Trustee, in her capacity as the Chapter 7 trustee of the Debtor's

Estate, will act as custodian of any and all items of personal property left on the Property when possession is taken;

b. The United States Marshal, in taking possession of the Property, shall

employ whatever reasonable force is necessary to enter the Property, regardless of whether the Property is locked or unlocked, occupied or unoccupied;

c. Anyone interfering with the enforcement of the Order shall be subject

to arrest by the United States Marshal; d. The Trustee will be authorized to hire and pay all reasonable and

necessary fees and expenses to a locksmith to assist in taking possession of the Property; and

e. The Trustee will be authorized to remove, store and/or dispose of any

personal property that is left on the Property without further notice or order of this Court, free and clear of any claims or interests of any party and the Trustee will be



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authorized to pay all reasonable and necessary fees and expenses associated with the removal, storage and disposal.

The Trustee is informed by the Estate’s accountant that there will be no tax liability to the Estate from the Sale. After payment of the Lien Payoff Amount, real estate taxes, brokers’ commissions, and costs of sale, the sale will generate approximately $100,000 in net proceeds.

PLEASE TAKE FURTHER NOTICE that the Trustee seeks to sell the Property free and clear of any and all liens, claims, and interests. According to the Preliminary Report prepared by First American Title Company with an effective date of October 16, 2018 (the "Title Report"), a copy of which is attached to the Motion as Exhibit 4, the following item has been recorded against the Property:

Recording

Date

Lien HolderType of

EncumbranceDocument Number

Lien Amount

11/30/15 $629,760.00 or 82% to Morris M. Zagha and Rachel A. Zagha, Trustees of the Zagha Trust Dated October 12, 2004; $92,160.00 or 12% to Ivan J. Kass and Marcia A. Kass, Trustees of that Certain Declaration of Trust Dated November 15, 2005; $46,080.00 or 6% to Ed Kass, Trustee of the Kass Family Trust Dated July 3, 2012 (the “Secured Creditor”)

Deed of Trust 15-609762 $768,000.00

The current amount owed under the Secured Claim is approximately $938,000. The Secured Creditor has agreed to accept $920,000 on account of the Secured Claim (the “Lien Payoff Amount”) based upon the Buyer’s below-described offer of $1,150,000. If the Buyer’s offer is overbid, the Estate and the Secured Creditor will split 50/50 any amounts over the $1,150,000 current offer.

Pursuant to the Purchase Agreement, real property taxes and assessments are to

be prorated between the Trustee and the Buyer through escrow as of the closing. According to the Title Report: (i) the first and second installments of $7,418.22 each for general and special taxes and assessments for the fiscal year 2018-2019 are open; (ii) certain taxes are unpaid for the fiscal year 2015-2016 in the amount of $29,422.20; and (iii) there is a lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. All real property taxes owed will be paid in full through escrow.

PLEASE TAKE FURTHER NOTICE that all overbids must be in writing and must be submitted to the Trustee’s counsel whose address is listed in the top left hand corner of the first page of the instant Notice. Overbids are due by 4:00 p.m., Pacific Standard Time, on November 15, 2018. PLEASE TAKE FURTHER NOTICE that the overbid procedures sought to be approved by the Court are as follows:





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b. Set forth in writing the terms and conditions of the offer that are at least as favorable to the Trustee as those set forth in the Purchase Agreement attached to the Motion as Exhibit 5; c. Be financially qualified, in the Trustee's exercise of her sound business judgment, to close the sale as set forth in the Purchase Agreement;


closing the sale, including, but not limited to, financing, inspection, or repair contingencies; e. Submit a cash deposit for the Property in the amount of $45,000.00 (the "Overbid Deposit") payable to Weneta M.A. Kosmala, Chapter 7 Trustee for the Bankruptcy Estate of Mega Development Group LLC, in the form of a cashier's check, which Overbid Deposit shall be non-refundable if the bid is deemed to be the Successful Bid, as defined in paragraph 4 below. The Overbid Deposit, written offer, and evidence of financial qualification must be delivered to the Trustee’s counsel (at the address shown in the upper left hand corner of the first page of this Motion) by November 15, 2018, at 4:00 p.m. Pacific Standard Time. In her absolute and sole discretion, the Trustee shall have the right to accept additional overbids submitted prior to the hearing but after the Overbid Deadline.

2. At the hearing on the Motion, only the Buyer and any party who is deemed a

Qualifying Bidder shall be entitled to bid.

3. Any incremental bid in the bidding process shall be at least $2,000.00 higher than the prior bid.

4. At the hearing on the Motion and upon conclusion of the bidding process,

the Trustee shall decide, subject to Court approval, which of the bids is the best bid, and such bid shall be deemed to be the "Successful Bid." The bidder who is accepted by the Trustee as the successful bidder (the "Successful Bidder") must pay all amounts reflected in the Successful Bid in cash at the closing of the sale. At the hearing on the Motion, and upon conclusion of the bidding process, the Trustee may also acknowledge a back-up bidder (the "Back-Up Bidder") which shall be the bidder with the next best bid. Should the Successful Bidder fail to close escrow on the sale of the Property, the Trustee may sell the Property to the Back-Up Bidder without further Court order.

5. Overbids shall be all cash and no credit shall be given to the purchaser or

overbidder(s).

6. In the event the Buyer is not the Successful Bidder, then the Successful Bidder shall reimburse the Buyer up to $1,000.00 in costs incurred. Only a physical inspection, termite inspection and loan appraisal are reimbursable expenses. Monies are to be collected by Pickford Escrow. Proof of monies spent shall be given to the Successful Bidder.

The Motion is based upon the Memorandum of Points and Authorities, the Declarations of Weneta M.A. Kosmala, Clarence Yoshikane, Morris M. Zagha, and David



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Buskirk and the Exhibits attached to the Motion, all pleadings, papers and records on file with the Court, and on such other evidence, oral or documentary, as may be presented to the Court at the time of the hearing on the Motion.

Your Rights May Be Affected. You should read these papers carefully and discuss them with your attorney, if you have one. (If you do not have an attorney, you may wish to consult one.) Deadline for Opposition Papers. This Motion is being heard on regular notice pursuant to LBR 9013-1. If you wish to oppose this Motion, you must file a written response with the Court and serve a copy of it upon the Movant or Movant’s attorney at the address set forth above no less than 14 days prior to the above hearing date. If you fail to file a written response to this Motion within such time period, the Court may treat such failure as a waiver of your right to oppose the Motion and may grant the requested relief.

Hearing Date Obtained Pursuant to Judge’s Self-Calendaring Procedure. The undersigned hereby verifies that the above hearing date and time were available for this type of Motion according to the judge’s self-calendaring procedures.

PLEASE TAKE FURTHER NOTICE that any party requesting a copy of the Motion

or any supporting documents filed with the Court with respect to the Motion may contact counsel for the Trustee, Reem J. Bello, Weiland Golden Goodrich LLP by email at [email protected], by mail at 650 Town Center Drive, Suite 600, Costa Mesa, California 92626, or by telephone at (714) 966-1000.

Dated: October 28, 2018 WEILAND GOLDEN GOODRICH LLP

By: Reem J. Bello Attorneys for Chapter 7 Trustee, Weneta M.A. Kosmala



kadele

Typewritten Text

/s/ REEM J. BELLO

This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.

June 2012 F 9013-3.1.PROOF.SERVICE 0.0

PROOF OF SERVICE OF DOCUMENT

I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is:

650 Town Center Drive, Suite 600, Costa Mesa, California 92626

A true and correct copy of the foregoing document entitled (specify): NOTICE OF HEARING ON CHAPTER 7 TRUSTEE’S MOTION FOR ORDER:(1)AUTHORIZING SALE OF REAL PROPERTY FREE AND CLEAR OF LIENS, CLAIMS, AND INTERESTS PURSUANT TO 11 U.S.C. §§ 363(B) AND (F);(2)APPROVING OVERBID PROCEDURES;(3)APPROVING BUYER, SUCCESSFUL BIDDER, AND BACK-UP BIDDER AS GOOD-FAITH PURCHASER PURSUANT TO 11 U.S.C. § 363(M); (4)AUTHORIZING PAYMENT OF UNDISPUTED LIENS, REAL ESTATE BROKER'S COMMISSIONS AND OTHER ORDINARY COSTS OF SALE; AND(5)DIRECTING ALL OCCUPANTS OF THE PROPERTY TO VACATE AND REMOVE THEIR POSSESSIONS will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner indicated below:

1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date) October 29, 2018, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below:

Service information continued on attached page

2. SERVED BY UNITED STATES MAIL: On (date) October 29, 2018, I served the following persons and/or entities at the last known addresses in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail, first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed.


3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) October 29, 2018, I served the following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is filed.

The Honorable Mark Wallace, 411 W. 4th Street, Santa Ana, CA 92701


I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

October 29, 2018 Kelly Adele Date Printed Name Signature

X

X



kadele

Correct Stamp

VIA U.S. MAIL Mega Development Group LLC 23 Corporate Plaza, Ste 150 Newport Beach, CA 92660-7908 Debtor Greg M Mortensen Law Office of Greg M Mortensen 23031 E. Desert Hills Dr. Queen Creek, AZ 85142 Attorneys for Debtor Larry Rothman Law Offices of Larry Rothman 160 S Old Springs Rd Ste 170 Anaheim, CA 92808-1250 Attorneys for Debtor Clarence Yoshikane HOM/Sotheby's International Realty 1200 Newport Center Drive, Suite 100 Newport Beach, CA 92660-0931 County of Orange ATTN: Orange County Tax Collector PO Box 1438 Santa Ana, CA 92702-1438 County of Orange PO Box 4515 Santa Ana, CA 92702-4515 ATTN: Bankruptcy Unit Employment Development Dept. Bankruptcy Group MIC 92E PO Box 826880 Sacramento, CA 94280-0001 Franchise Tax Board Bankruptcy Section MS: A-340 PO Box 2952 Sacramento, CA 95812-2952 Greg M. Mortensen, Esq. 10326 Avondale Drive Cedar Hills, UT 84062-8552 Greg M. Mortensen Law Office of Greg M. Mortensen 10326 Avendale Dr. Cedar Hills, UT 84062-8552 HOM /Sotheby's International. Realty 1200 Newport Center Drive, Suite 100 Newport Beach, CA 92660-0931



Internal Revenue Service P.O. Box 7346 Philadelphia, PA 19101 Larry Rothman, Esq. 160 Old Springs Road, Suite 170 Anaheim Hills, CA 92808-1250 Morrie Zagha PO Box 27532 Los Angeles, CA 90027-0532 State Board of Equalization P.O. Box 942879 Sacramento, CA 94279 Debbie Tognetti Senior Vice President First American Title Company 4 First American Way Santa Ana, California 92707 Theresa Carlini Escrow Officer/Branch Manager Pickford Escrow Company 25909 Pala, Suite 380 Mission Viejo, CA 92691 Clarence Yoshikane Pacific Sotheby’s International Realty 1200 Newport Center Drive Suite 100, Newport Beach, California, 92660 David S. Buskirk PO BOX 936 Dana Point, CA 92629 Paul M. Konapelsky, Esq. 502 N. El Camino Real, Suite 200 San Clemente, CA 92672-4789 Morris M. Zagha PO Box 27532 Los Angeles, CA 90027 Julian Bach Law Office of Julian Bach 7911 Warner Avenue Huntington Beach, CA 92647 County of Orange Attn: Orange County Tax Collector P.O. Box 1438 Santa Ana, CA 92702-1438



ELECTRONIC SERVICE LIST

Julian K Bach [email protected], [email protected] J Bello [email protected], [email protected];[email protected];[email protected];[email protected] S Goldenberg [email protected] M Kosmala (TR) [email protected], [email protected];[email protected];[email protected] United States Trustee (SA) [email protected]



This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.

June 2012 F 9013-3.1.PROOF.SERVICE 0.0

PROOF OF SERVICE OF DOCUMENT

I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is:

650 Town Center Drive, Suite 600, Costa Mesa, California 92626

A true and correct copy of the foregoing document entitled (specify): NOTICE OF SALE OF ESTATE PROPERTY will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner indicated below:

1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date) October 29, 2018, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below:


2. SERVED BY UNITED STATES MAIL: On (date) October 29, 2018, I served the following persons and/or entities at the last known addresses in this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail, first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed.


3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) October 29, 2018, I served the following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to such service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is filed.

The Honorable Mark Wallace, 411 W. 4th Street, Santa Ana, CA 92701


I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

October 29, 2018 Kelly Adele Date Printed Name Signature

ELECTRONIC SERVICE LIST

X


kadele

Correct Stamp

Julian K Bach [email protected], [email protected] J Bello [email protected], [email protected];[email protected];[email protected];[email protected] S Goldenberg [email protected] M Kosmala (TR) [email protected], [email protected];[email protected];[email protected] United States Trustee (SA) [email protected]


Case 8:17-bk-11334-MW Doc 134 Filed 10/29/18 Entered 10/29 ...

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Transcript of Case 8:17-bk-11334-MW Doc 134 Filed 10/29/18 Entered 10/29 ...