In re Binesh
Opinion
Lead Opinion
Wallace, J.
MEMORANDUM DECISION
This matter comes before the Court on the motion of chapter 7 trustee Thomas H. Casey (the “Trustee”) to compel the turn *2 over of estate property (the “Turnover Motion”). The Court has jurisdiction over this proceeding pursuant to 28 U.S.C. § 1334 and General Order 13-05, filed July 1, 2013, of the United States District Court for the Central District of California. This is a core proceeding under 28 U.S.C. § 157 (b)(2)(A), (B) and (E).
The Court held an evidentiary hearing on the Turnover Motion on November 16, 2015. This Memorandum Decision constitutes the Court’s findings of fact and conclusions of law as required in contested matters by Federal Rules of Bankruptcy Procedure 7052 and 9014(c).
Farshid David Binesh and Mojgan Yousefi, husband and wife (the “Debtors”), filed a voluntary petition under chapter 7 of the Bankruptcy Code on August 31, 2012. Debtors scheduled an interest in real property located at 30 Via Silla, Ran-cho Santa Margarita, California (the “Residence”) and subsequently claimed a $100,000 homestead exemption in the Residence on February 21, 2014 on an amended Schedule C form.