Giovanazzi v. Schuette (In Re Lebbos)

MEMORANDUM

Linda Schuette (the “Trustee”), trustee of the Chapter 7 bankruptcy estate of Bet-sey Warren Lebbos (the “Debtor”), filed this adversary proceeding against Joseph Giovanazzi, in his capacity as trustee of the Aida Madeleine Lebbos No. 2 Trust and Aida Madeleine Lebbos Trust II (collectively, “AML Trust II”) in the United States Bankruptcy Court for the Eastern District of California. Giovanazzi appeals the bankruptcy court’s grant of summary judgment in favor of the Trustee on her claims for preservation of interests in a condominium located in Long Beach, California (the “Condo”) for the benefit of the bankruptcy estate; avoidance of transfers of the Condo involving Giovanazzi; a permanent injunction against any action by Giovanazzi' that would affect title to or possession of the Condo; and a declaratory judgment that Trustee is the sole owner of the Condo and that the Condo is estate property. Giovanazzi also appeals the bankruptcy court’s denial of his motion to dismiss, motion to disqualify the bankruptcy judge, motion to transfer venue, and motions for reconsideration. The Bankruptcy Appellate Panel (the' “BAP”) affirmed the judgment of the bankruptcy court.…