Pac. W. Bank v. Ehrenberg (In re Levine)
Opinion
Lead Opinion
Birotte, J.
*233 Appellant Pacific Western Bank ("Bank") appeals the bankruptcy court's tentative and final orders denying in part Bank's Motion for Relief from Automatic Stay. Bk. Dkt. Nos. 360, 361, 429. Appellee Howard M. Ehrenberg, Chapter 7 Trustee ("Trustee") for debtor Claire Levine's bankruptcy estate, filed a responsive brief, and Bank filed a reply brief. Claire Levine ("Levine") and Gerald Goldstein ("Goldstein") together filed a responsive brief, and Bank filed another reply brief. The Court therefore has considered the following memoranda: Dkt. Nos. 22, 39, 44, 46, and 54. For the following reasons, the Court AFFIRMS the bankruptcy court's orders.
I. BACKGROUND
Goldstein and Levine were in a long-term romantic relationship, but never married. During their relationship, Goldstein and Levine purchased multiple properties together, including:
AA Vol. 1, pp. 145, 147-50, 152, 160-63, 165-68, 170-72; AA Vol. 2, p. 573 (¶ 1). According to Levine, the Amadeus Trust was a revocable living trust in which Levine and Goldstein were settlors, trustees, and beneficiaries. AA Vol. 1, p. 278 (¶ 53).
In 2008, the romantic relationship between Goldstein and Levine ended, and Levine filed a…