Schuette

Schuette v. Lebbos (In re Lebbos)

Good Law
385 B.R. 713
United States Bankruptcy Court, Eastern District of CaliforniaFebruary 20, 2008Bankruptcy No. 06-22225-D-7; Adversary No. 07-2006-D; Docket Control No. MPD-2California7,778 words

Opinion

Lead Opinion

Bardwil, J.

MEMORANDUM DECISION

Plaintiff Linda Schuette, the chapter 7 trustee in this case (“the Trustee”) seeks an order striking the answer filed by defendant Jason Gold (“Gold”) to the Trustee’s complaint in this adversary proceeding, and entering Gold’s default. For the reasons set forth below, the court will grant the Trustee’s motion.

I. INTRODUCTION

On January 3, 2007, the Trustee filed a complaint seeking to set aside alleged fraudulent transfers, to recover property and/or monetary damages, for turnover of property, and for declaratory relief, thereby commencing this adversary proceeding. The defendants are Betsey Warren Leb-bos, the Debtor in this case (“the Debtor”), individually and as a trustee of the Aida Madeleine Lebbos No. 2 Trust, and Jason Gold and Thomas Carter, as co-trustees of the Aida Madeleine Lebbos No. 2 Trust (“the Trust” or the “Aida Madeleine Leb-bos Trust”). 1 Aida Madeleine Lebbos is the Debtor’s daughter.

On October 10, 2007, the Trustee served on the Debtor, Gold, and Carter three notices of deposition, with requests for production of documents. The documents were to be produced and the depositions to be conducted on November 14, 2007, at 10:00 a.m.…

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