In re Estrada

Good Law
2017 Bankr. LEXIS 1616·568 B.R. 533
United States Bankruptcy Court, Central District of CaliforniaJune 13, 2017Case No.: 6:16-17769-MHCalifornia4,051 words

Opinion

Lead Opinion

Houle, J.

ORDER GRANTING MOTION TO VACATE DISCHARGE

Background:

On August 30, 2016, Efren Estrada (“Debtor”) filed a Chapter 7 voluntary petition. On Schedule A, Debtor listed certain real property located in Ontario, California (the “Property”), in which Debtor asserted an interest as joint tenant. Debt- or estimated the value of the Property to be $385,000. On Schedule C, Debtor claimed an exemption in the Property in the amount of $100,000 and, on Schedule D, Debtor listed Seterus as having a security interest in the Property valued at $207,757. Therefore, the information identified in Debtor’s schedules suggested that there was $77,243 in equity in the property above Debtor’s exemption.

On November 30, 2016, Trustee filed an application to employ general counsel, which was granted by order on December 21, 2016. The application identified the potential sale of the Property as the primary justification for the employment of counsel. On December 12, 2016, Debtor received a discharge. Between January 17, 2017, and March 14, 2017, Debtor filed four substitutions of attorney. On February 21, 2017, the deadline for filing claims expired with no proofs of claim having been filed against the…

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