Roth
Roth v. Plikaytis (In re Roth)
Opinion
Lead Opinion
Honcuriel, J.
Before the Court is a bankruptcy appeal brought by Third Party Claimant - Appellant Debra Ann Roth ("Debra" or "Appellant") against Appellee Anice Plikaytis ("AP" or "Appellee"). The Court reviews the June 26, 2018 "Amended Tentative Ruling" issued by Bankruptcy Judge Margaret *575 M. Mann of the United States Bankruptcy Court for the Southern District of California. (R. 1 at 4-12.)
Pursuant to Civil Local Rule 7.1(d)(1) and Federal Rule of Bankruptcy Procedure 8019(b), the Court finds the matter suitable for adjudication without oral argument. For the reasons stated below, the bankruptcy court's June 26, 2018 Order is AFFIRMED .
Background
On May 3, 2010, Debtor James Marvin Roth ("James") filed a voluntary petition under Chapter 11 of the Bankruptcy Code. (Bankruptcy Case No. 10-7659-MM11, Dkt. No. 1.) In August 2011, an evidentiary hearing was held concerning the approval of the Chapter 11 Plan. ( Id. , Dkt. No. 314.) At the end of the hearing, the court sua sponte made a motion to appoint an examiner. ( Id. , Dkt. No. 351.) On September 27, 2011, Christopher Barclay was appointed as the Chapter 11 Examiner. ( Id. , Dkt. No. 359.) On June 22, 2012, the Chapter 11 Plan was…