In Re Alicia Marie Richards
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
ALICIA MARIE RICHARDS, Case No. 8:23-cv-00659-SB Appellant, v. ORDER DISMISSING APPEAL AS
FRIVOLOUS UNDER 28 U.S.C.
RICHARD A. MARSHACK et al., § 1915 Appellees. Bankruptcy No. 8:21-bk-10635-SC Debtor Alicia Marie Richards filed a voluntary bankruptcy petition and listed certain real property, known as 351 Catalina Drive, Newport Beach, CA 92663, in her schedules. Appellee and Trustee Richard Marshack sold the property at auction to Appellee Lucian Rusu for $2,200,000. Despite the sale, Debtor refused to vacate the property and was eventually forcibly removed from it by the U.S. Marshals Service. Rusu claimed that he suffered approximately $140,000 in damages resulting from Debtor’s refusal to vacate the property, paying $97,606 to keep his loan interest rate, $38,000 to keep his funding for the down payment, and $5,000 to remove Debtor’s belongings from the property. Case No. 8:21-bk- 10635, Dkt. No. 1196 at 12. To avoid litigation or the withdrawal of Rusu’s bid, Appellees proposed, and the bankruptcy court approved, a $75,000 settlement between Trustee and Rusu. As…