Cesar

Cesar v. Charter Adjustments Corp.

Good Law
2014 WL 5242587·519 B.R. 792·2014 U.S. Dist. LEXIS 146463
United States District Court, Eastern District of CaliforniaOctober 14, 2014No. 2:14-cv-00599-KJMCalifornia4,168 words

Opinion

Lead Opinion

Mueller, J.

ORDER

Appellants Joseph M. Cesar and Latsa-my L. Cesar’s bankruptcy appeal is currently pending before the court. On July 11, 2014, the court heard oral argument on the matter. Daniel Hanecak appeared for appellants; Roy Weatherup appeared for appellee Donald E. Sternberg and specially appeared on behalf of counsel Donald E. Sternberg for appellee Charter Adjustments Corporation.

After considering the parties’ papers and arguments, the bankruptcy judgment is AFFIRMED.

I. BACKGROUND

Appellants owned a chain of clothing stores that began to fail in 2006. App. Vol. *794 I at 57 (“Yol. I”), ECF No. 4-1. 1 In 2007, appellants began using the equity in their home to cover expenses. Id. After running out of money, appellants missed their first house payment in August 2008. Id.

Before appellants filed for bankruptcy, one of appellants’ creditors assigned its claim against appellants to appellees. On April 2, 2009, appellees obtained a default judgment against appellants for $6,970.47. App. Vol. II at 226-229 (‘Vol. II”), ECF No. 4-2. Appellees filed an abstract of judgment on November 6, 2009. Id. at 230. The abstract of judgment was recorded on March 8, 2010. Id.

On April 29, 2010,…

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