Medina

Good Law
United States District Court, Northern District of CaliforniaDecember 2, 20245:23-cv-04988California2,472 words

Opinion

Trial Court Opinion

BACKGROUND

23 Medina filed for Chapter 13 bankruptcy on December 5, 2023. “Chapter 13 bankruptcies 24 provide debtors receiving a regular income an opportunity to pay off their debts while retaining 25 their property.” In re Evans, 69 F.4th 1101, 1103 (9th Cir. 2023). The debtor must file a plan with 26 the court detailing how they will use future income to pay of their debts. Id. After the debtor files 27 their bankruptcy case, a trustee supervises the case and performs such functions as collecting payments from the debtor and ensuring timely payment to creditors. Id. at 1104. The Trustee also objects to plan confirmation or proof of claims, as necessary. See id. In return, the trustee receives a statutorily defined fee, often ten percent, of all property disposed of under the debtor’s plan. Id.; see 28 U.S.C. § 586(e). As relevant here, Medina’s estate included his own residential property. This property served as security for three deeds of trust, including one held by Val-Chris Investments, Inc. (“Val-Chris”) on behalf of creditors Daroll and Dalores Frewing and Patrick Harkin (“creditors”). Media filed a motion to sell this property,…

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