In re Santos

Good Law
2017 Bankr. LEXIS 81·561 B.R. 825
United States Bankruptcy Court, Central District of CaliforniaJanuary 10, 2017Case No.: 6:13-bk-13557-MHCalifornia3,089 words

Opinion

Lead Opinion

Houle, J.

MEMORANDUM DECISION AND ORDER DENYING MOTION TO CONVERT TO CHAPTER

I. PROCEDURAL BACKGROUND

On February 28, 2013, Michael & Mari-car Santos (“Debtors”) fíled a Chapter 7 voluntary petition. On June 17, 2013, Debtors received a standard discharge. The Chapter 7 case, however, remained open. The Trustee’s Final Report was approved on December 11, 2013, and his Order of Distribution was approved on December 19, 2013.

On November 20, 2015, the Court granted the Trustee’s application to employ the law offices of Wesley Avery (“Avery”) as general bankruptcy counsel. On December 30, 2015, the Court granted the application to employ Neiman Realty as real estate broker. On April 14, 2016, over the Debtors’ objection, the Court granted the Trustee’s motion for turnover relating to real property located at 5689 Andover Way, Chino Hill, CA 91709 (“Chino Hills property”). The court issued .findings of fact and conclusions of law supporting its order granting the motion (Docket No. 57). Debtors appealed the turnover over to the Bankruptcy Appellate Panel, but their appeal was dismissed on June 14, 2016. Trustee filed another motion for turnover on September 27, 2016; the order granting…

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