United States Bankruptcy Court Central District of...

United States Bankruptcy CourtCentral District of California

Judge Robert Kwan, PresidingCourtroom 1675 Calendar

Los Angeles

Wednesday, July 22, 2020 1675 Hearing Room

11:00 AMBarbara Jo Baiz Rodriguez2:11-39746 Chapter 11

#1.00 Hearing re: Motion for entry of final decree and order closing case

469Docket

Updated tentative ruling as of 7/20/20. No tentative ruling on the merits. Appearances are required on 7/22/20, but counsel and self-represented parties must appear by telephone.

TO PARTIES WHO INTEND TO APPEAR AT THE HEARING ON THIS MATTER:

PLEASE TAKE NOTICE that the court hearing before Judge Robert Kwan of the United States Bankruptcy Court for the Central District of California will be conducted telephonically. However, instead of having to physically appear in court, you must appear by telephone because the court is not conducting in person hearings on that date in light of the public health conditions from the COVID-19 pandemic. The courtroom will be locked; parties must appear by telephone and will not be permitted to appear in the courtroom.

In order to appear for the court hearing by telephone, you will need to arrange to make the telephone call through CourtCall, the contract telephone appearance service, which arranges telephone appearances before this court. CourtCall’s telephone number is: (866) 582-6878. Through August 31, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se or self-represented parties). You need make an advance reservation with CourtCall to appear by telephone before the hearing, preferably a week before the hearing, and no later than the day before the hearing. After you made your telephone appearance reservation with CourtCall, on the day of the court hearing, you will need to call CourtCall at its telephone number at least 15 minutes before the scheduled hearing, and identify the United States Bankruptcy Court in Los Angeles as the court and Judge Robert Kwan as the judge, and the CourtCall operator will put you into the telephonic court hearing. Given the large demand for telephone court appearances, there may be

Tentative Ruling:

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Los Angeles


11:00 AMBarbara Jo Baiz RodriguezCONT... Chapter 11

some delay in connecting to the hearing. If you are having problems connecting to the hearing, please call and advise Judge Kwan's courtroom deputy at (213) 894-3385.

Party Information

Debtor(s):

Barbara Jo Baiz Rodriguez Represented ByJerome S Cohen

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Los Angeles


11:00 AMDavid Lee2:19-10119 Chapter 11

#2.00 Cont'd status conference re: Management of chapter 11 casefr. 9/11/19, 12/11/19, 3/11/20

1Docket *** VACATED *** REASON: Cont'd from 7/22/20 to 8/19/20 at 11:00 a.m. per order entered on 6/24/20-mb.

Updated tentative ruling as of 7/17/20. Off calendar. Continued by prior order to 8/19/20 at 11:00 a.m. No appearances are required on 7/22/20.

Tentative Ruling:

Party Information

Debtor(s):

David Lee Represented ByRenee E Sanders

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Los Angeles


11:00 AMForbco Sizzler Partners, L.P.2:12-15626 Chapter 11

#3.00 Cont'd status conference re: Post confirmation of plan fr. 3/4/20, 4/15/20, 5/6/20

1Docket

Revised and updated tentative ruling as of 7/20/20. The court will call this matter first on the calendar because counsel for the IRS, Gavin Greene, has requested priority because he has another hearing at the same time, so the parties should be ready for the hearing when the calendar begins at 11:00 a.m.

The court has reviewed debtor's status report filed on 7/15/20. The court notes that the IRS lodged an order for conversion of the Forbco Sizzler case to Chapter 7 on 7/7/20. No tentative ruling on the merits. Appearances are required on 7/22/20, but counsel and self-represented parties must appear by telephone.



In order to appear for the court hearing by telephone, you will need to arrange to make the telephone call through CourtCall, the contract telephone appearance service, which arranges telephone appearances before this court. CourtCall’s telephone number is: (866) 582-6878. Through August 31, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se or self-represented parties). You need make an advance reservation with CourtCall to appear by telephone before the hearing,

Tentative Ruling:

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11:00 AMForbco Sizzler Partners, L.P.CONT... Chapter 11

preferably a week before the hearing, and no later than the day before the hearing. After you made your telephone appearance reservation with CourtCall, on the day of the court hearing, you will need to call CourtCall at its telephone number at least 15 minutes before the scheduled hearing, and identify the United States Bankruptcy Court in Los Angeles as the court and Judge Robert Kwan as the judge, and the CourtCall operator will put you into the telephonic court hearing. Given the large demand for telephone court appearances, there may be some delay in connecting to the hearing. If you are having problems connecting to the hearing, please call and advise Judge Kwan's courtroom deputy at (213) 894-3385.

Prior tentative ruling as of 5/4/20. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 5/6/20 to discuss the status of debtors' efforts to sell their assets and their tax and plan compliance, but counsel and self-represented parties must appear by telephone. Due to the public health emergency from the coronavirus disease (COVID-19) outbreak declared in the State of California and the United States of America and to minimize the spread of the disease from in person social contact, the court is only conducting hearings with telephonic appearances for this matter as the courthouse is closed to the public by order of the chief judge of the United States District Court for the Central District of California (Order of the Chief Judge No. 20-042). Counsel and self-represented parties must arrange their telephonic appearances through CourtCall, which is offering a discount on fees for attorneys and waiving all fees for self-represented parties. Information about arranging a telephonic appearance through CourtCall is posted on the court's website.

Party Information

Debtor(s):

Forbco Sizzler Partners, L.P. Represented ByRobert E OperaSean A OKeefe

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11:00 AMPeople Who Care Youth Center, Inc.2:18-10290 Chapter 11

#4.00 Cont'd hearing re: Motion for order authorizing use of cash collateral and providing adequate protection pursuant to sections 361 and 363 of the bankruptcy code fr. 5/13/20, 5/27/20, 6/24/20

125Docket




In order to appear for the court hearing by telephone, you will need to arrange to make the telephone call through CourtCall, the contract telephone appearance service, which arranges telephone appearances before this court. CourtCall’s telephone number is: (866) 582-6878. Through August 31, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se or self-represented parties). You need make an advance reservation with CourtCall to appear by telephone before the hearing, preferably a week before the hearing, and no later than the day before the hearing. After you made your telephone appearance reservation with CourtCall, on the day of the court hearing, you will need to call CourtCall at its telephone number at least 15 minutes before the scheduled hearing, and identify the United States Bankruptcy Court in Los Angeles as the court and Judge Robert Kwan as

Tentative Ruling:

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Los Angeles


11:00 AMPeople Who Care Youth Center, Inc.CONT... Chapter 11

the judge, and the CourtCall operator will put you into the telephonic court hearing. Given the large demand for telephone court appearances, there may be some delay in connecting to the hearing. If you are having problems connecting to the hearing, please call and advise Judge Kwan's courtroom deputy at (213) 894-3385.

Party Information

Debtor(s):

People Who Care Youth Center, Inc. Represented ByJohn-Patrick M FritzDavid B Golubchik

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Los Angeles


11:00 AMPeople Who Care Youth Center, Inc.2:18-10290 Chapter 11

#5.00 Cont'd status conference re: Post confirmation of planfr. 5/13/20, 5/27/20, 6/24/20

119Docket




In order to appear for the court hearing by telephone, you will need to arrange to make the telephone call through CourtCall, the contract telephone appearance service, which arranges telephone appearances before this court. CourtCall’s telephone number is: (866) 582-6878. Through August 31, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se or self-represented parties). You need make an advance reservation with CourtCall to appear by telephone before the hearing, preferably a week before the hearing, and no later than the day before the hearing. After you made your telephone appearance reservation with CourtCall, on the day of the court hearing, you will need to call CourtCall at its telephone number at least 15 minutes before the scheduled hearing, and identify the United States Bankruptcy Court in Los Angeles as the court and Judge Robert Kwan as the judge, and the CourtCall operator will put you into the telephonic court

Tentative Ruling:

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Los Angeles



hearing. Given the large demand for telephone court appearances, there may be some delay in connecting to the hearing. If you are having problems connecting to the hearing, please call and advise Judge Kwan's courtroom deputy at (213) 894-3385.

Prior tentative ruling as of 6/22/20. No tentative ruling on the merits. Appearances are required on 6/24/20, but counsel and self-represented parties must appear by telephone. Due to the public health emergency from the coronavirus disease (COVID-19) outbreak declared in the State of California and the United States of America and to minimize the spread of the disease from in person social contact, the court is only conducting hearings with telephonic appearances for this matter as the courthouse is currently closed to the public by orders of the United States District Court for the Central District of California and this court and that this court will not be holding in person hearings by the date of this hearing. Counsel and self-represented parties must arrange their telephonic appearances through CourtCall, which is offering a discount on fees for attorneys and waiving all fees for self-represented parties. Information about arranging a telephonic appearance through CourtCall is posted on the court's website.

Prior tentative ruling as of 5/22/20. No updated tentative ruling in light of the settlement between debtor and creditor Acon regarding debtor's objection to Acon's secured claim, which will require a modification of the proposed reorganization plan either by a motion to approve compromise under FRBP 9019 or a plan supplement. Appearances are required on 5/27/20 by telephone in accordance with the procedures set forth in the tentative ruling of 5/11/20 below.

Updated and supplemental tentative ruling as of 5/12/20. The following updates and supplements the tentative ruling posted on 5/11/20: In light of debtor’s second statement regarding exit financing in connection with its Chapter 11 plan, filed on 5/12/20, the hearing on plan confirmation should be continued for a short period of time in order for debtor to negotiate with the City of Los Angeles regarding the lien subordination cap in an amount that would allow plan confirmation and the exit financing with the replacement lender to go forward. The court will discuss with debtor and the parties the time needed for this purpose.

Updated tentative ruling as of 5/11/20. No tentative ruling on the merits.

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Appearances are required on 5/13/20, but counsel must appear by telephone. Due to the public health emergency from the coronavirus disease (COVID-19) outbreak declared in the State of California and the United States of America and to minimize the spread of the disease from in person social contact, the court is only conducting hearings with telephonic appearances for this matter as the courthouse is closed to the public by order of the chief judge of the United States District Court for the Central District of California (Order of the Chief Judge No. 20-042). Counsel and self-represented parties must arrange their telephonic appearances through CourtCall, which is offering a discount on fees for attorneys and waiving all fees for self-represented parties. Information about arranging a telephonic appearance through CourtCall is posted on the court's website.

Prior tentative ruling as of 4/13/20. No tentative ruling on the merits. Plan confirmation appears to be a contested matter under FRBP 9014 since there is a dispute over feasibility of the plan based on creditor Acon's objection and its related motion to dismiss as well as debtor's objection to Acon's amended claim. It seems that the court should set a schedule of pretrial proceedings for litigation of these related contested matters.

Appearances are required on 4/15/20, but counsel must appear by telephone. Due to the public health emergency from the coronavirus disease (COVID-19) outbreak declared in the State of California and the United States of America and to minimize the spread of the disease from in person social contact, the court is only conducting hearings with telephonic appearances for this matter as the courthouse is closed to the public by order of the chief judge of the United States District Court for the Central District of California (Order of the Chief Judge No. 20-042). Counsel and self-represented parties must arrange their telephonic appearances through CourtCall, which is offering a discount on fees for attorneys and waiving all fees for self-represented parties. Information about arranging a telephonic appearance through CourtCall is posted on the court's website.

Party Information

Debtor(s):

People Who Care Youth Center, Inc. Represented ByJohn-Patrick M FritzDavid B Golubchik

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Los Angeles



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11:00 AMRaeisi Group, Inc2:18-12224 Chapter 11

#6.00 Hearing re: U.S. Trustee's motion under 11 U.S.C. §1112(b)(1) to convert, dismiss or appoint a chapter 11 trustee

194Docket *** VACATED *** REASON: Resolved by stip & order entered on 7/8/20-mb.

Off calendar. Motion resolved by stipulation and order. No appearances are necessary.

Tentative Ruling:

Party Information

Debtor(s):

Raeisi Group, Inc Represented ByLee Burrows

Movant(s):

United States Trustee (LA) Represented ByHatty K Yip

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Los Angeles


11:00 AMShapphire Resources, LLC2:17-15033 Chapter 11

#7.00 Cont'd hearing re: Disclosure statementfr. 6/3/20

164Docket *** VACATED *** REASON: Cont'd from 7/22/20 to 9/16/20 at 11:00 a.m. per stip & order entered on 6/30/20-mb.

Updated tentative ruling as of 7/17/20. Off calendar. Continued by stipulation and order to 9/16/20 at 11:00 a.m. No appearances are required on 7/22/20.

Tentative Ruling:

Party Information

Debtor(s):

Shapphire Resources, LLC Represented ByRaymond H. Aver

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Los Angeles


11:00 AMShapphire Resources, LLC2:17-15033 Chapter 11

#8.00 Cont'd status conference re: Management of chapter 11 case fr. 3/25/20, 4/29/20, 6/3/20

1Docket *** VACATED *** REASON: Cont'd from 7/22/20 to 9/16/20 at 11:00 a.m. per stip & order entered on 6/30/20-mb.

Updated tentative ruling as of 7/20/20. Off calendar. Continued by stipulation and order to 9/16/20 at 11:00 a.m. No appearances are required on 7/22/20.

Tentative Ruling:

Party Information

Debtor(s):

Shapphire Resources, LLC Represented ByRaymond H. Aver

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Los Angeles


11:30 AMPilar Lucia Gonzalez2:11-56862 Chapter 11

#9.00 Hearing re: Debtor's motion for entry of order confirming avoidance of liens on debtor's real properties pursuant to entry of discharge

119Docket

Debtors will need to address the concerns of the court set forth in the order setting hearing on the motion. Appearances are required on 7/22/20, but counsel and self-represented parties must appear by telephone.




Tentative Ruling:

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11:30 AMPilar Lucia GonzalezCONT... Chapter 11


Party Information

Debtor(s):

Pilar Lucia Gonzalez Represented ByElaine NguyenJames R Selth

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Los Angeles


11:30 AMSarkis Investments Company, LLC2:13-29180 Chapter 11

#9.10 Cont'd status conference re: Motion for order disallowing proof of claim no. 7-1 filed by Ghazer Zehnalyfr. 5/6/20, 6/4/20, 6/8/20, 7/15/20

343Docket




In order to appear for the court hearing by telephone, you will need to arrange to make the telephone call through CourtCall, the contract telephone appearance service, which arranges telephone appearances before this court. CourtCall’s telephone number is: (866) 582-6878. Through August 31, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se or self-represented parties). You need make an advance reservation with CourtCall to appear by telephone before the hearing, preferably a week before the hearing, and no later than the day before the hearing. After you made your telephone appearance reservation with CourtCall, on the day of the court hearing, you will need to call CourtCall at its telephone number at least 15 minutes before the scheduled hearing, and identify the United

Tentative Ruling:

of 267/21/2020 9:44:23 AM



Los Angeles


11:30 AMSarkis Investments Company, LLCCONT... Chapter 11

States Bankruptcy Court in Los Angeles as the court and Judge Robert Kwan as the judge, and the CourtCall operator will put you into the telephonic court hearing. Given the large demand for telephone court appearances, there may be some delay in connecting to the hearing. If you are having problems connecting to the hearing, please call and advise Judge Kwan's courtroom deputy at (213) 894-3385.

Party Information

Debtor(s):

Sarkis Investments Company, LLC Represented ByAshley M McDowMichael T DelaneyFahim Farivar

Movant(s):


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Los Angeles



#9.20 Cont'd hearing re: Debtor's motion to approve and enforce settlement agreementfr. 7/8/20, 7/15/20

685Docket





Tentative Ruling:

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Los Angeles




Party Information

Debtor(s):

Sarkis Investments Company, LLC Represented ByAshley M McDowMichael T DelaneyFahim FarivarShane J Moses

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Los Angeles



#9.30 Cont'd status conference re: Management of chapter 11 casefr. 4/26/20, 6/24/20, 7/8/20, 7/15/20

1Docket





Tentative Ruling:

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Party Information

Debtor(s):


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1:30 PMArt and Architecture Books of the 21st Century2:13-14135 Chapter 11

THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v. Adv#: 2:15-01679

#10.00 Cont'd hearing re: Issues raised by the disputes over the proposed scheduling order lodged by the Plan Agent, including the deletion of the proposed language of paragraph 11 of the Plan Agent's proposed scheduling order and the objections of Victor Sahn and Douglas Chrismas to their further depositions for matters relating to or arising out of the New Cause of Action fr. 4/8/20, 5/6/20, 6/24/20

689Docket




In order to appear for the court hearing by telephone, you will need to arrange to make the telephone call through CourtCall, the contract telephone appearance service, which arranges telephone appearances before this court. CourtCall’s telephone number is: (866) 582-6878. Through August 31, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se or self-represented parties). You need make an advance reservation with CourtCall to appear by telephone before the hearing, preferably a week before the hearing, and no later than the day before the

Tentative Ruling:

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Los Angeles


1:30 PMArt and Architecture Books of the 21st CenturyCONT... Chapter 11

hearing. After you made your telephone appearance reservation with CourtCall, on the day of the court hearing, you will need to call CourtCall at its telephone number at least 15 minutes before the scheduled hearing, and identify the United States Bankruptcy Court in Los Angeles as the court and Judge Robert Kwan as the judge, and the CourtCall operator will put you into the telephonic court hearing. Given the large demand for telephone court appearances, there may be some delay in connecting to the hearing. If you are having problems connecting to the hearing, please call and advise Judge Kwan's courtroom deputy at (213) 894-3385.

Party Information

Debtor(s):

Art and Architecture Books of the Represented ByThomas M GeherDavid W. MeadowsJerome S CohenCarolyn A DyeAlan I Nahmias

Defendant(s):

Ace Gallery New York Corporation, Represented ByAlan W Forsley

Douglas Chrismas Represented ByAlan W Forsley

Ace Gallery New York, Inc., a Represented ByAlan W Forsley

ACE MUSEUM, a California Represented ByAlan W Forsley

400 S La Brea, LLC a California Represented ByMichael W VivoliAshley M McDowRonald RusFahim Farivar

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Brian L DavidoffKeith Patrick Banner

Jennifer Kellen Represented ByJ. Bennett Friedman

Michael D. Smith Represented ByBrian L Davidoff

Kamran Gharibian Represented ByBrian L Davidoff

Daryoush Dayan Represented ByBrian L Davidoff

Cathay Bank, a California Represented ByEkwan E RhowElliot C Harvey Schatmeier

Jennifer Kellen Represented ByMichael D Sobkowiak

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented ByVictor A SahnDaniel A LevDavid J RichardsonAsa S HamiJessica Vogel

Official Committee Of Unsecured Represented ByDavid J RichardsonVictor A Sahn

Sam Leslie Represented ByVictor A SahnCarolyn A DyeDavid J RichardsonJason BalitzerSteven Thomas

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Stephen Sorensen

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