In re Gonzales

MEMORANDUM OF DECISION RE MOTION FOR CLARIFICATION OF CHAPTER 13 CONFIRMATION ORDER

In January 2007, state court litigation (the Litigation) commenced between the Estate of Erin Elizabeth Wilson (the Estate) and Susanne Christensen (Christensen) as plaintiffs (referred to collectively herein as Movants) and Debtor Sonja May Gonzales (Debtor), Clifford Brace (Brace) and others regarding title to certain real property in Apple Valley, California (the Real Property). Movants alleged that Debtor and Brace had fraudulently absconded with real and personal property of the Estate after Erin Wilson died based on a fraudulent scheme and sought to quiet title to the Real Property in the Estate. At the time the Litigation commenced and continuing to the present date the Real Property is titled in Debtor’s name.

The Litigation has taken a remarkably slow path to resolution because of the incarceration of Brace and three different bankruptcy proceedings filed by Debtor. In the third such bankruptcy proceeding, this Court entered a chapter 13 confirmation order, confirming a plan proposed by Debtor on the mandatory form of the Central District Bankruptcy Court. Based on the effect of…