MARCUS DANIEL SILVER
Opinion
Trial Court Opinion
I. Background
The Debtor filed a voluntary Chapter 7 petition on August 6, 2021. On September 22, 2021, the Chapter 7 Trustee (the “Trustee”) filed a Report of No Distribution.5 The Debtor has not yet received a discharge. The Debtor scheduled seven unsecured creditors holding claims in the aggregate amount of $15,856.68.6 According to Schedule I, the Debtor is not employed and receives no regular monthly income except for $1,540 per month in unemployment compensation.7 On October 1, 2021, the Debtor removed to the Bankruptcy Court an action captioned Marcus Silver v. PHH Mortgage Corporation, et. al (Los Angeles Superior Court Case No. 21STCV26286) (the “State Court Action”). The State Court Action pertains to real property located at 8613 Franklin Avenue, Los Angeles, CA 90069 (the “Property”). The basis of the State Court Action is that PHH Mortgage Corporation, U.S. Bank National Association, and Western Progressive, LLC (the “Defendants”) are not entitled to foreclose upon the Property because the underlying loan is void. Prior to the removal of the State Court Action, the State Court denied the Debtor’s motion for a preliminary injunction preventing the Defendants from…