Case 2:18-bk-16304-SK Doc 110 Filed 05/21/19 Entered 05/21

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

December 2012 Page 1 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).

Christopher Celentino (State Bar No. 131688) [email protected] Mikel R. Bistrow (State Bar No. 102978) [email protected] DINSMORE & SHOHL LLP 655 West Broadway, Suite 800 San Diego, CA 92101 Telephone: 619.400.0500 Facsimile: 619.400.0501

Chapter 7 Trustee, Peter J. Mastan

LOS ANGELES DIVISION

MARIA A. GONZALEZ

2:18-bk-16304-SK

7

06/12/2019 9:00 am

255 E. Temple Street, Courtroom 1575, Los Angeles, California 90012

05/29/2019

The Estate's interest in the real property commonly known as 3159, 3161, and 3163 Drew Street, Los Angeles, CA 90065

See Sale Motion; A copy of the Sale Motion may be obtained by contacting Christopher Celentino, Attorney for the Chapter 7 Trustee, at the address listed above.

$ 850,000.00

Case 2:18-bk-16304-SK Doc 110 Filed 05/21/19 Entered 05/21/19 14:34:15 Desc Main Document Page 1 of 15

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

December 2012 Page 2 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:

See attached notice for proposed overbid procedure.

Date: June 12, 2019 Time: 9:00 a.m. Location: 255 E. Temple Street Courtroom 1575 Los Angeles, CA 90012

Persons interestd in overbidding should contact Mr. Bill Friedman, Coldwell Banker, 2444 Wilshire Blvd., Suite 102, Santa Monica, CA 90403; Tel: (310) 586-0367; [email protected].

05/21/2019


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Christopher Celentino (State Bar No. 131688) Mikel Bistrow (State Bar No. 102978) DINSMORE & SHOHL LLP 655 West Broadway, Suite 800 San Diego, CA 92101 Telephone: 619.400.0500 Facsimile: 619.400.0501 [email protected] [email protected] Counsel to the Chapter 7 Trustee, Peter J. Mastan

UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA – LOS ANGELES DIVISION

In re:

MARIA A. GONZALEZ,

Debtor.

Case No. 2:18-bk-16304-SK Chapter 7 NOTICE OF FILING OF AND HEARING ON MOTION FOR ORDER AUTHORIZING SALE OF REAL PROPERTY: (A) OUTSIDE THE ORDINARY COURSE OF BUSINESS; (B) FREE AND CLEAR OF ALL CLAIMS, LIENS, ENCUMBRANCES AND INTERESTS; (C) SUBJECT TO OVERBIDS; (D) FOR DETERMINATION OF GOOD FAITH PURCHASERS UNDER §363(M); (E) TO PAY THE COSTS OF THE SALE; (F) APPROVING ASSUMPTION AND ASSIGNMENT OF LEASES; AND (G) TO PAY THE BROKERS' COMMISSION; AND MOTION FOR ORDER FOR TURNOVER OF ESTATE PROPERTY PURSUANT TO §521(a)(4) AND §542 Date: June 12, 2019 Time: 9:00 a.m. Ctrm: 1575 Edward R. Roybal Federal Building and Courthouse 255 E. Temple Street Los Angeles, CA 90012 Judge: Hon. Sandra R. Klein


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TO (A) THE DEBTOR, (B) THE OFFICE OF THE UNITED STATES TRUSTEE, (C)

ALL SCHEDULED CREDITORS OF THE ESTATE OR PERSONS HAVING FILED

PROOFS OF CLAIM, AND (D) ALL PERSONS REQUESTING SPECIAL NOTICE, (E)

ALL LIENHOLDERS OF RECORD, AND THEIR RESPECTIVE COUNSEL OF RECORD,

IF ANY:

NOTICE IS HEREBY GIVEN that on June 12, 2019 at 9:00 a.m. calendar, in courtroom

1575 of the United Stated Bankruptcy Court located at 255 E. Temple Street, Los Angeles,

California 90012, the Honorable Sandra R. Klein, United States Bankruptcy Judge presiding, will

conduct a hearing on the "Motion For Order Authorizing Sale Of Real Property: (A) Outside the

Ordinary Course Of Business; (B) Free and Clear Of All Claims, Liens, Encumbrances and Interests;

(C) Subject To Overbids; (D) For Determination of Good Faith Purchasers Under §363(M); (E) To

Pay The Costs of The Sale; (F) Approving Assumption and Assignment Of Leases; And (G) To Pay

The Brokers' Commission; and Motion For Order For Turnover Of Estate Property Pursuant To

§521(A)(4) and §542 (the "Motion"), of Peter J. Mastan, court-appointed Chapter 7 trustee (the

"Trustee") of the bankruptcy estate (the "Estate") of the above-captioned debtor (the "Debtor").

Specifically, through the Motion, the Trustee seeks an order that does all of the following:

(1) Grants the Motion;

(2) Approves the Sale and bid procedures, as described in the Motion, as appropriate and

reasonable;

(3) Pursuant to Section 363(b) of the Bankruptcy Code, authorizes, directs, and

empowers the Trustee and the Estate to take any and all actions necessary or appropriate to:

(i) Consummate, as set forth in the Motion, the sale to Gabriel Rodas, or a

successful overbidder, (in any case, as applicable, the "Buyer"), of the real property commonly

known and designated as 3159, 3161, and 3163 Drew Street, Los Angeles, CA 90065 (the

"Property"), and legally described as follows:

THE SOUTHEAST 95.05 FEET OF LOT 5, OF TRACT NO. 4205, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 44 OF MAPS, PAGE(S) 89 IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY. APN: 5458-014-011.


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(ii) Close the sale as contemplated in the Motion and the Sale Agreement; and

(iii) Execute and deliver, perform under, consummate, implement and close fully

the proposed sale transaction contemplated in the Sale Agreement, together with all additional

instruments and documents that may be reasonably necessary or desirable to implement the Sale,

including without limitation, any ancillary documents, or as may be reasonably necessary or

appropriate to the performance of the obligations as contemplated by the Sale Agreement and such

other ancillary documents. Without otherwise limiting the relief sought herein, authorizes the

Trustee, in his capacity as trustee of the Estate, to execute and deliver all documents necessary to

consummate the sale of the Property and close escrow on behalf of the Debtor and the Estate, and to

take any and all actions on behalf of the Debtor and the Estate to consummate and close the sale

and/or to effectuate the transaction and matters relating thereto or thereunder and under the Motion

and Sale Agreement. Without limiting the rights of the Trustee, requires the Debtor and its

representative agents and representatives to cooperate with respect to consummation of the sale and

not take any action to interfere with the implementation or administration of the sale.

(4) Authorizes the Trustee to pay through escrow all usual and customary costs of sale,

including without limitation (a) brokers’ commissions of 5.0% (totaling approximately $42,500.00),

(b) escrow fees, (c) title insurance fees, (d) recording fees, (e) messenger fees, (f) liens of record, in

each case to the extent not disputed by the Trustee. Authorizes the Trustee to pay through escrow (i)

the liens of any and all taxing authorities, and (ii) any other liens of record against the Property, in

each case to the extent not disputed by the Trustee.

(5) To the extent otherwise required to do so, relieves the brokers receiving commissions

in connection with the proposed sale of any obligations that they may otherwise have had to file fee

applications.

(6) The Trustee’s sale of the Property is free and clear of all claims, liens and interests, as

set forth in the Motion, including without limitation the following claims, liens or interests which are

recorded with the Los Angeles County Recorder:

(a) The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5

commencing with Section 75 of the California Revenue and Taxation Code.


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(b) General and special taxes and assessments for the fiscal year 2019- 2020;

(c) The Deed of trust to secure an original indebtedness of $1,015,000.00, recorded

JUNE 07, 2016 as Instrument No. 20160651026 of Official records, reflecting a beneficiary of

Cardenas Three LLC;

(d) The document recorded January 09, 2017 as Instrument No. 20170026137 of

Official Records provides that C&H Trust Deed Service was substituted as trustee under the deed of

trust.

(e) The notice of default recorded February 08, 2018 as Instrument No. 20180132786

of Official Records.

(f) A notice of trustee’s sale recorded May 09, 2018 as Instrument No. 20180458158

of Official Records.

(7) Determines that, to the extent that any portion of a claim, lien or interest in or to the

Property is not paid through escrow, such claim(s), lien(s), and interest(s) in and to the Property shall

attach to the net sale proceeds that are received by the Trustee through escrow with the same

validity, priority, force and effect as such claims, liens, and interests had with respect to the

Property;

(8) Determines that the Counteroffer was entered into in good faith, in an arm’s-length

transaction and the Buyer are acting in good faith within the meaning of 11 U.S.C. section 363(m);

(9) Determines that adequate notice of the hearing on the Motion was given and approves

overbid procedures in the Motion;

(10) Determines that the terms and provisions of the Order on the Motion shall be binding

in all respects upon the Buyer, the Debtor, the Trustee, the Estate, all creditors and interest holders of

the Debtor and the Estate, all parties having received notice of the Motion, and all interested parties,

and their respective successors and assigns, including, but not limited to (a) any creditor asserting a

lien, claim, or other interest in the Property, and (b) Cardenas Three LLC;

(11) Determines that a certified copy of the Order on the Motion may be filed with the

appropriate clerk and/or recorded with the county recorder to evidence conclusively the release or

cancellation of the claims, liens, and interests as set forth in that Order;


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(12) Determines that the Order on the Motion may be presented to and shall be binding

upon and govern the acts of all persons and entities, including, without limitation, all filing agents,

filing officers, title agents, title companies, escrow agents, recorders of mortgages, recorders of

deeds, registrars of deeds, administrative agencies, federal, state and local governmental agencies or

departments, secretaries of state, federal or local officials, and all other persons and entities who may

be required by operation of law, the duties of their office, or contract, to accept, file, register or

otherwise record or release any documents or instruments, or who may be required to report or

insure title or state of title in or to any Property; and directs each of the foregoing persons and

entities to accept for filing any and all of the documents and instruments necessary and appropriate

to consummate the transactions contemplated by the Sale Agreement;

(13) Authorizes the Title Company or any other issuer of a title policy insuring the sale, if

any, and the Escrow Agent, to be entitled to rely upon the Order on the Motion in connection with

the sale;

(14) Determines that the failure to specifically include any particular provision of the Sale

Agreement in the Order on the Motion does not diminish or impair the effectiveness of such

provision, it being the intent of the Bankruptcy Court that the Sale Agreement is authorized and

approved in its entirety;

(15) Determines that, to the extent that the Order on the Motion is inconsistent with any

prior order or pleading, the terms of the Order on the Motion shall govern. Determines that, to the

extent the terms of the Order on the Motion are inconsistent with the terms of the Sale Agreement,

the terms of the Order on the Motion shall govern;

(16) Determines that the existing leases of the Property, if any, have been assumed by the

Trustee and assigned to the Buyer effective upon the closing of the proposed sale;

(17) Determines that the Debtor is entitled to $175,000.00 of the Proceeds of the sale

pursuant to the applicable homestead exemption;

(18) Determines that the Debtor shall turnover the Property to the Trustee or the purchaser

of the Property, as applicable, no later than fifteen (15) days after the entry of the Order on this

Motion and if the Debtor does not turnover the Property to the Trustee or the purchaser, as


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applicable, by that time, the clerk of the Court shall issue a writ of possession directed to the U.S.

Marshal to deliver possession to the Trustee to deliver to the Buyer. If the Property is not vacated

within five (5) days after the issuance and service of the Write of Possession by first class mail and

posting of same on the Property, the U.S. Marshal shall put the Trustee or the purchaser, as

applicable, in possession of the Property by making forced entry to remove the occupants from the

Premise, and the U.S. Marshal shall be held harmless of any wrongdoing arising out of this eviction;

(19) Determines that the Order on the Motion constitutes a final and appealable order

within the meaning of 28 U.S.C. § 158(a). Determines that the fourteen (14) day stay period set

forth in Bankruptcy Rules 4001(a)(3), 6004(h), 6006(d), 7062 and 9014 of the Federal Rules of

Bankruptcy Procedure, to the extent applicable, are waived; and notwithstanding Bankruptcy Rules

4001(a)(3), 6004(h), 6006(d), 7062 or 9014 or Rule 62(a) of the Federal Rules of Civil Procedure,

the Order on the Motion shall be immediately effective and enforceable upon its entry and there shall

be no stay of execution or otherwise of the Order on the Motion. Determines that, in the absence of

any person or entity obtaining a stay pending appeal of the Order on the Motion, the Trustee, the

Estate and the buyer (whether the Buyer or a successful overbidder) are free to close the sale under

the Sale Agreement at any time, subject to the terms of the Sale Agreement;

(20) Determines that the Bankruptcy Court will retain jurisdiction to, among other things,

interpret, implement, and enforce the terms and provisions of the Order on the Motion and the Sale

Agreement, all amendments thereto and any waivers and consents thereunder and each of the

agreements executed in connection therewith to which the Trustee or the Estate are a party or which

will be assigned by the Estate to the Buyer, and to adjudicate, if necessary, any and all disputes

concerning or relating in any way to the sale. Further determines that the Bankruptcy Court will

retain jurisdiction over any matter or dispute arising from or relating to the implementation of the

Order on the Motion. Without limiting the foregoing, determines that the Bankruptcy Court retains

jurisdiction, pursuant to its statutory powers under 28 U.S.C. § 157(b)(2), to, among other things,

interpret, implement, and enforce the terms and provisions of the Order on the Motion, the Sale

Agreement, all amendments thereto and any waivers and consents thereunder and any documents

executed in connection therewith to which the Trustee is a party, including, but not limited to,


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retaining jurisdiction to: (a) compel delivery of the Property to the Buyer; (b) interpret, implement

and enforce the provisions of the Order on the Motion and any related order; (c) any challenge to the

overbid procedure and/or the conduct of the sale hearing; (d) protect Buyer against any liens, claims,

encumbrances and interests in the Property as to which the Property is sold free and clear of under

the Order on the Motion; and (e) any disputes related to the Sale Agreement or the Order on the

Motion.

NOTICE IS FURTHER GIVEN that the Motion is made pursuant to 11 U.S.C. §§ 363(b),

363(m), 365, 521(a), and 541(a)(6), and 542, Federal Rules of Bankruptcy Procedure 2002 and 6004,

and Local Bankruptcy Rules 6004-1 and 9013-1 on the grounds that the proposed sale is in the best

interests of the Estate in that the sale will maximize the value of the Property for the benefit of the

Estate's unsecured creditors and result in available unsecured funds through escrow.

NOTICE IS FURTHER GIVEN that the Motion is based upon (a) this Notice of Filing of

and Hearing on Motion; (b) the concurrently filed Notice of Motion and Motion, Memorandum of

Points and Authorities, Declarations of Peter J. Mastan, Samuel R. Biggs, William Friedman, and

Steve Flores, and Exhibits; (c) the pleadings on file with the Court of which the Court is requested to

take judicial notice; and (d) such further evidence that may be properly submitted prior to or at the

hearing on the Motion. At your own expense, you may obtain a copy of the complete motion from

the Court’s file. Alternatively, you may obtain an electronic copy of the complete motion by

contacting and providing your email address to Travis Terry who can be reached by telephone at

213-335-7739, or by email at [email protected].

NOTICE IS FURTHER GIVEN that, pursuant to Local Bankruptcy Rule 9013-1(f), any

opposition to the Motion must be in writing; must be filed with the Court and served upon the

Trustee, the Office of the United States Trustee, and the Debtors at the addresses set forth below not

later than 14 days before the hearing on the Motion; and must include a complete written statement

of all reasons in opposition thereto or in support or joinder thereof, declarations and copies of all

photographs and documentary evidence on which the responding party intends to rely, and any

responding memorandum of points and authorities:

///


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For Filing With the Court: Clerk's Office United States Bankruptcy Court 255 E. Temple Street, Room 940 Los Angeles, California 90012 For Service on Hon. Sandra R. Klein, Bankruptcy Judge: Hon. Sandra R. Klein United States Bankruptcy Court Central District of California Edward R. Roybal Federal Building and Courthouse 255 E. Temple Street, Suite 1582 Los Angeles, CA 90012 For Service on the Trustee: Peter J. Mastan, Trustee c/o Christopher Celentino Dinsmore & Shohl LLP 655 W. Broadway, Suite 800 San Diego, California 92101 For Service on Office of U.S. Trustee: Office of the U.S. Trustee 915 Wilshire Blvd., Suite 1850 Los Angeles, CA 90017 For Service on the Debtor: Maria A. Gonzalez 3163 Drew Street Los Angeles, California 90065 And Ryan A. Stubbe, Esq. Jaurique Law Group 300 W. Glenoaks Blvd., Suite 300 Glendale, California 91202

NOTICE IS FURTHER GIVEN that, pursuant to Local Bankruptcy Rule 9013-1(h), failure

to timely file and serve an objection may be deemed by the Court to be consent to granting the relief

requested in the Motion.

Dated: May 21, 2019 Respectfully submitted, By: /s/ Christopher Celentino

Christopher Celentino Mikel R. Bistrow Counsel to the Chapter 7 Trustee, Peter J. Mastan.







Documents

Case 2:18-bk-16304-SK Doc 110 Filed 05/21/19 Entered 05/21