Case Details

CourtSouthern District of California - Bankruptcy
Docket number13-01149
Date case filed2013-02-01
Date case closed
Date of latest filing
Assigned toJudge Christopher B. Latham
Case cause
Nature of suit
Jury demand
Demand
Jurisdiction

Case Parties

Party: Jacinto Cruz Jimenez
Party type: Debtor
Attorney name: John Habashy
Attorney Contact:
The Habashy Law Firm
633 W. 5th Street
28th Floor
Los Angeles, CA 90071
213-223-5900
Fax : (888) 373-2107
Email:
Party: Virginia Borgetti Jimenez
Party type: Joint Debtor
Attorney name: John Habashy
Attorney Contact:
(See above for address)
Party: Ronald E. Stadtmueller
Party type: Trustee
10755 Scripps Poway Pkwy., #370
San Diego, CA 92131
858-564-9310
Attorney name: Brian A. Kretsch
Attorney Contact:
Law Office of Brian A. Kretsch, A.P.C.
110 West "C" Street, Suite 809
San Diego, CA 92101
(619) 696-6629
Email:
Party: United States Trustee
Party type: United States Trustee
Office of the U.S. Trustee
402 West Broadway, Suite 600
San Diego, CA 92101-8511
619-557-5013

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-02-01 Chapter 7 Voluntary Petition, Schedules A-J & Statement of Financial Affairs Fee Amount $ 306 filed by John Habashy of The Habashy Law Firm on behalf of Jacinto Cruz Jimenez, Virginia Borgetti Jimenez. Declaration re: ECF due by 2/15/2013, (Habashy, John) (Entered: 02/01/2013)
22013-02-01 Receipt of Statement of Social Security Number COURT NOTE: The PDF document is a secured image. filed by John Habashy on behalf of Jacinto Cruz Jimenez, Virginia Borgetti Jimenez. (Habashy, John) (Entered: 02/01/2013)
32013-02-01 Meeting of Creditors & Notice of Appointment of Interim Trustee Ronald E. Stadtmueller with 341(a) meeting to be held on 03/15/2013 at 01:30 PM at U.S. District Court - Imperial County,,. Financial Management Course Due Date: 05/14/2013 Objections for Discharge due by 05/14/2013. (Habashy, John) (Entered: 02/01/2013)
42013-02-01 Receipt of Chapter 7 Voluntary Petition(13-01149-7) [misc,1027u] ( 306.00) Filing Fee. Fee Amount 306.00 Receipt number 8795009. (U.S. Treasury) (Entered: 02/01/2013)
52013-02-01 Declaration re Electronic Filing COURT NOTE: The PDF document is a secured image. filed by John Habashy on behalf of Jacinto Cruz Jimenez, Virginia Borgetti Jimenez. (Habashy, John) Modified on 2/4/2013 (Li, J.). (Entered: 02/01/2013)
62013-02-01 Declaration Re: Electronic Filing of Petition, Schedules and Statements filed by John Habashy on behalf of Jacinto Cruz Jimenez, Virginia Borgetti Jimenez. (related documents 1 Chapter 7 Voluntary Petition) (Habashy, John) (Entered: 02/01/2013)
72013-02-04 Notice of Failure to Comply with Filing Requirements You must correct the defect no later than 10:00a.m. on 2/5/13 or your case may be dismissed without further notice. File a Certificate of Credit Counseling, as required by Exhibit D, (Box 1) and Federal Rules of Bankruptcy Procedure 1007(b)(3) indicates that you received a copy of the certificate (related documents 1 Chapter 7 Voluntary Petition) (Li, J.) (Entered: 02/04/2013)
82013-02-04 Exhibit D Statement of Compliance with Credit Counseling Requirements for Debtor, Exhibit D Statement of Compliance with Credit Counseling Requirement for Joint Debtor , Certificate of Credit Counseling for Debtor, Certificate of Credit Counseling for Joint Debtor filed by John Habashy on behalf of Jacinto Cruz Jimenez, Virginia Borgetti Jimenez. (Habashy, John) (Entered: 02/04/2013)
92013-02-04 Court Certificate of Mailing with Service by BNC. (related documents 7 Notice of to Comply with filing Requirements) Notice Date 02/06/2013. (Admin.) (Entered: 02/06/2013)
102013-02-04 Court Certificate of Mailing with Service by BNC. (related documents 3 Meeting of Creditors Chapter 7) Notice Date 02/06/2013. (Admin.) (Entered: 02/06/2013)
112013-03-05 Request for Special Notice Capital One, N.A., Bass & Associates, P.C, 3936 E. Ft. Lowell Road, Suite #200, Tucson, AZ 85712 filed by Capital One, N.A. (Bass, Patti) (Entered: 03/05/2013)
122013-03-14 Financial Management Course Certificate for Debtor, Financial Management Form B23 filed by John Habashy on behalf of Jacinto Cruz Jimenez. (related documents 3 Meeting of Creditors Chapter 7) (Habashy, John) (Entered: 03/14/2013)
132013-03-14 Financial Management Course Certificate for Joint Debtor, Financial Management Form B23 filed by John Habashy on behalf of Virginia Borgetti Jimenez. (Habashy, John) (Entered: 03/14/2013)
142013-03-14 Declaration Re: Electronic Filing of Financial Mangement Course filed by John Habashy on behalf of Jacinto Cruz Jimenez, Virginia Borgetti Jimenez. (Habashy, John) (Entered: 03/14/2013)
152013-03-15 Notice of Continuance of Meeting of Creditors on 4/4/2013 at 02:30 PM at 402 W. Broadway, Emerald Plaza Building, Suite 660 (A), Hearing Room A, San Diego, CA 92101 (Ch7). (Stadtmueller, Ronald) (Entered: 03/15/2013)
162013-04-04 Notice of Continuance of Meeting of Creditors on 4/12/2013 at 02:00 PM at 402 W. Broadway, Emerald Plaza Building, Suite 660 (A), Hearing Room A, San Diego, CA 92101 (Ch7). (Stadtmueller, Ronald) (Entered: 04/04/2013)
172013-04-15 Notice of Continuance of Meeting of Creditors on 4/23/2013 at 3:00 PM at 402 W. Broadway, Emerald Plaza Building, Suite 660 (A), Hearing Room A, San Diego, CA 92101 (Ch7). (Stadtmueller, Ronald) (Entered: 04/15/2013)
182013-04-23 Notice of Continuance of Meeting of Creditors on 5/1/2013 at 4:00 PM at 402 W. Broadway, Emerald Plaza Building, Suite 660 (A), Hearing Room A, San Diego, CA 92101 (Ch7). (Stadtmueller, Ronald) (Entered: 04/23/2013)
192013-05-01 Trustee's Initial Report & 341 Meeting Held and Concluded. (Stadtmueller, Ronald) (Entered: 05/01/2013)
202013-05-02 Trustee's Request to Set Claims Bar Date. filed by Ronald E. Stadtmueller on behalf of Ronald E. Stadtmueller. (Stadtmueller, Ronald) (Entered: 05/02/2013)
212013-05-03 Order Fixing Date to File Proof of Claim and Notice Thereof. Notice Requested on: 5/3/2013. Proof of Claims due by 8/1/2013, (related documents 20 Trustee's Request to Set Claims Bar Date) (Li, J.) (Entered: 05/03/2013)
222013-05-03 Court Certificate of Mailing re Order Fixing Date to file Proofs of Claim & Notice thereof; with Service by BNC. (related documents 21 Order Fixing Date to File Proof of Claim and Notice) Notice Date 05/05/2013. (Admin.) (Entered: 05/05/2013)
232013-05-13 Motion to Extend Time to Object to the Discharge filed by Brian A. Kretsch on behalf of Ronald E. Stadtmueller (Kretsch, Brian) (Entered: 05/13/2013)
242013-05-13 Declaration of Ronald E. Stadtmueller, Chapter 7 Trustee, in Support of Motion for Order Extending Time for the Trustee to Object to Debtors Discharge filed by Brian A. Kretsch of Law Office of Brian A. Kretsch, A.P.C. on behalf of Ronald E. Stadtmueller. (related documents 23 Motion to Extend Time to Object to the Discharge) (Kretsch, Brian) (Entered: 05/13/2013)
252013-05-13 Notice of Hearing and Motion with Certificate of Service filed by Brian A. Kretsch on behalf of Ronald E. Stadtmueller. HEARING Scheduled for 6/10/2013 at 10:00 AM at Courtroom 5, Room 318, Weinberger Courthouse . Notice Served On: 5/13/2013. Unless an Order Shortening Time has been entered, Opposition due by: 05/28/2013. If you were served electronically or by mail, you have three additional days to take actions as calculated by Fed. R. Bankr. P. 9006(f). Opposition due by: 05/31/2013. (related documents 23 Motion to Extend Time to Object to the Discharge) (Kretsch, Brian) (Entered: 05/13/2013)
262013-05-16 Ex Parte Application to Employ Counsel for Trustee filed by Brian A. Kretsch on behalf of Ronald E. Stadtmueller (Kretsch, Brian) (Entered: 05/16/2013)
272013-05-16 Declaration of Attorney in Support of Ex Parte Application to Employ Counsel for Trustee filed by Brian A. Kretsch of Law Office of Brian A. Kretsch, A.P.C. on behalf of Ronald E. Stadtmueller. (related documents 26 Application to Employ) (Kretsch, Brian) (Entered: 05/16/2013)
282013-05-16 Declaration of Electronic Service filed by Brian A. Kretsch of Law Office of Brian A. Kretsch, A.P.C. on behalf of Ronald E. Stadtmueller. (related documents 26 Application to Employ) (Kretsch, Brian) (Entered: 05/16/2013)
292013-05-16 Statement of Position by U.S. Trustee filed by Brian A. Kretsch on behalf of Ronald E. Stadtmueller. (related documents 26 Application to Employ) (Kretsch, Brian) (Entered: 05/16/2013)
302013-05-16 Order Regarding Ex Parte Application to Employ Counsel for Trustee; with Service by BNC (Related Doc # 26) signed on 5/16/2013. (Li, J.) (Entered: 05/17/2013)
312013-05-17 Court Certificate of Mailing with Service by BNC. (related documents 30 Order re: Application to Employ) Notice Date 05/19/2013. (Admin.) (Entered: 05/19/2013)
322013-05-31 Adversary case 13-90147. Complaint by Ronald E. Stadtmueller against Bermudez Insurance Services, Inc.. Nature of Suit: 11 (Recovery of money/property - 542 turnover of property) , Fee Amount $ 0.0 Filed by Brian A. Kretsch on behalf of Ronald E. Stadtmueller. Filing fee collected, receipt #defer. (Kretsch, Brian) (Entered: 05/31/2013)
332013-05-31 Application by Trustee or DIP to Defer Payment of Fee for Filing Complaint 3:13-ap-90147. filed by Brian A. Kretsch on behalf of Ronald E. Stadtmueller. (related documents 1 Complaint) (Kretsch, Brian) (Entered: 05/31/2013)
342013-05-31 Order APPROVING Application to Defer Payment of Fee for Filing Complaint 3:13-ap-90147 . IT IS ORDERED the Clerk of the U.S. Bankruptcy Court shall cause a copy of this Order to be transmitted to the court of jurisdiction over the underlying bankruptcy case for docketing; and that any deferred filing fees be collected from the estate, if any, created for the underlying case unless otherwise directed by the court. Barry K. Lander, Clerk signed on 5/31/2013. (Admin) (Entered: 05/31/2013)
352013-05-31 Trustee's Motion for Turnover of Non-exempt Property of the Bankruptcy Estate; Memorandum of Points and Authorities in Support filed by Brian A. Kretsch on behalf of Ronald E. Stadtmueller (Kretsch, Brian) (Entered: 05/31/2013)
362013-05-31 Declaration of Ronald E. Stadtmueller in Support Trustee's Motion to Compel Turnover of Non-exempt Property of the Bankruptcy Estate filed by Brian A. Kretsch of Law Office of Brian A. Kretsch, A.P.C. on behalf of Ronald E. Stadtmueller. (related documents 35 Motion for Turnover) (Kretsch, Brian) (Entered: 05/31/2013)
372013-05-31 Notice of Hearing and Motion with Certificate of Service filed by Brian A. Kretsch on behalf of Ronald E. Stadtmueller. HEARING Scheduled for 7/1/2013 at 10:00 AM at Courtroom 5, Room 318, Weinberger Courthouse . Notice Served On: 5/31/2013. Unless an Order Shortening Time has been entered, Opposition due by: 06/14/2013. If you were served electronically or by mail, you have three additional days to take actions as calculated by Fed. R. Bankr. P. 9006(f). Opposition due by: 06/17/2013. (related documents 35 Motion for Turnover) (Kretsch, Brian) (Entered: 05/31/2013)
382013-06-07 Tentative Ruling. Department 5: Hearing Date and Time: 06/10/2013 @ 10:00 AM (related document 23 )(Admin.) (Entered: 06/07/2013)
392013-06-10 Virtual Entry. Termination of Hearing DATE: 06/10/2013, MATTER: MOTION TO EXTEND TIME FOR THE TRUSTEE TO OBJECT TO DEBTORS' DISCHARGE FILED TRUSTEE RONALD E. STADTMUELLER. Tentative Ruling affirmed; Off calendar & appearances excused pursuant to Court's tentative ruling. (vCal Hearing ID (298735)). (related documents 23 Motion to Extend Time to Object to the Discharge) (McGrew, J.) (Entered: 06/10/2013)
402013-06-11 Order Regarding Trustees Motion To Extend The Time To Object To Debtors Discharge; with Service by BNC (Related Doc # 23) signed on 6/11/2013. Objections for Discharge due by 7/15/2013. (Li, J.) (Entered: 06/11/2013)
412013-06-11 Court Certificate of Mailing with Service by BNC. (related documents 40 Order re: Motion to Extend Time to Object to the Discharge) Notice Date 06/13/2013. (Admin.) (Entered: 06/13/2013)
422013-06-17 Amendment to Schedule(s) Schedule B; Schedule C; Schedule F; Schedule G; Statement of Financial Affairs & Certificate of Service. filed by John Habashy on behalf of Jacinto Cruz Jimenez, Virginia Borgetti Jimenez. (Habashy, John) (Entered: 06/17/2013)
432013-06-17 Notice to Creditors of the Above-Named Debtor Added by Amendment or Balance of Schedules Fee Amount $ 30.00 filed by John Habashy on behalf of Jacinto Cruz Jimenez, Virginia Borgetti Jimenez. (related documents 42 Amendment) (Habashy, John) (Entered: 06/17/2013)
442013-06-17 Receipt of Notice to Creditors Added by Amendment(13-01149-CL7) [notice,987] ( 30.00) Filing Fee. Fee Amount 30.00 Receipt number 9348605 (re: Doc# 43); (U.S. Treasury) (Entered: 06/17/2013)
452013-06-17 Debtor's Opposition to Trustee's Motion to Compel Turnover of Non-Exempt Property of the Bankruptcy Estate filed by John Habashy of The Habashy Law Firm on behalf of Jacinto Cruz Jimenez, Virginia Borgetti Jimenez. (related documents 35 Motion for Turnover) (Habashy, John) (Entered: 06/17/2013)
462013-06-17 Declaration of Debtors Jacinto Cruz Jimenez and Virginia Borgetti Jimenez in Opposition to Trustee's Motion to Compel Turnover of Non-Exempt Property of the Bankruptcy Estate filed by John Habashy of The Habashy Law Firm on behalf of Jacinto Cruz Jimenez, Virginia Borgetti Jimenez. (related documents 35 Motion for Turnover) (Habashy, John) (Entered: 06/17/2013)
472013-06-17 Certificate of Service filed by John Habashy on behalf of Jacinto Cruz Jimenez, Virginia Borgetti Jimenez. (related documents 45 Opposition, 46 Declaration in Opposition) (Habashy, John) (Entered: 06/17/2013)
482013-06-21 Trustee's Reply to Debtors' Opposition to Motion to Compel Turnover of Non-Exempt Property of the Bankrupcty Estate filed by Brian A. Kretsch of Law Office of Brian A. Kretsch, A.P.C. on behalf of Ronald E. Stadtmueller. (related documents 35 Motion for Turnover) (Kretsch, Brian) (Entered: 06/21/2013)
492013-06-28 Tentative Ruling. Department 5: Hearing Date and Time: 07/01/2013 @ 10:00 AM (related document 35 )(Admin.) (Entered: 06/28/2013)
502013-07-01 Virtual Entry. Termination of Hearing DATE: 07/01/2013, MATTER: MOTION TO COMPEL TURNOVER OF NON-EXEMPT PROPERTY OF THE BANKRUPTCY ESTATE FILED BY TRUSTEE. Tentative Ruling affirmed. Appearances excused. (vCal Hearing ID (300978)). (related documents 35 Motion for Turnover) (McGrew, J.) (Entered: 07/01/2013)
512013-07-02 Notice of Lodgment of Order with Service filed by Brian A. Kretsch on behalf of Ronald E. Stadtmueller. (related documents 35 Motion for Turnover) (Kretsch, Brian) (Entered: 07/02/2013)
522013-07-10 Trustees Motion To Compel Turnover Of Non-Exempt Property Of TheBankruptcy Estate; with BNC Service (Related Doc # 35) signed on 7/10/2013. (Li, J.) (Entered: 07/11/2013)
532013-07-11 Court Certificate of Mailing with Service by BNC. (related documents 52 Order re: Motion for Turnover) Notice Date 07/13/2013. (Admin.) (Entered: 07/13/2013)
542013-08-12 Motion to Disallow Claims 1-1 of Discover Bank - Objection to Claim and Notice Thereof; Memorandum of Points and Authorities; Declaration of Debtors Jacinto Cruz Jimenez and Virginia Borgetti Jimenez in Support Thereof (with Proof of Service) filed by John Habashy on behalf of Jacinto Cruz Jimenez, Virginia Borgetti Jimenez (Habashy, John). (*COURT NOTE: Ntc Def 8/13/13 re Incorrect Doc Type used - Please see Doc 56 for corrected entry by Atty Filer). Modified on 10/14/2013 (McGrew, J.). (Entered: 08/12/2013)
552013-08-13 Notice to Filer of Errors and/or Deficiencies in Documents. Proof of Claim No. 1, Discover Bank. (related documents 54 Motion to Disallow Claims) (Li, J.) (Entered: 08/13/2013)
562013-08-13 Objection to Claim and Notice Thereof. Proof of Claim No. 1, Discover Bank. Notice Served On: 8/12/2013. Unless an Order Shortening Time has been entered, Request for Hearing & Opposition due by: 09/11/2013. If you were served electronically or by mail, you have three additional days to take actions as calculated by Fed. R. Bankr. P. 9006(f). Opposition due by: 09/16/2013. filed by John Habashy on behalf of Jacinto Cruz Jimenez, Virginia Borgetti Jimenez.(Habashy, John) (Entered: 08/13/2013)
572013-08-13 Objection to Claim and Notice Thereof. Proof of Claim No. 12, American Express Bank FSB. Declaration of Debtors in Support Thereof (with Certificate of Service) Notice Served On: 8/13/2013. Unless an Order Shortening Time has been entered, Request for Hearing & Opposition due by: 09/12/2013. If you were served electronically or by mail, you have three additional days to take actions as calculated by Fed. R. Bankr. P. 9006(f). Opposition due by: 09/16/2013. filed by John Habashy on behalf of Jacinto Cruz Jimenez, Virginia Borgetti Jimenez.(Habashy, John) (Entered: 08/13/2013)
582013-08-13 Objection to Claim and Notice Thereof. Proof of Claim No. 5, FIA CARD SERVICES. Declaration of Debtors in Support Thereof (with Certificate of Service) Notice Served On: 8/13/2013. Unless an Order Shortening Time has been entered, Request for Hearing & Opposition due by: 09/12/2013. If you were served electronically or by mail, you have three additional days to take actions as calculated by Fed. R. Bankr. P. 9006(f). Opposition due by: 09/16/2013. filed by John Habashy on behalf of Jacinto Cruz Jimenez, Virginia Borgetti Jimenez.(Habashy, John) (Entered: 08/13/2013)
592013-09-16 Response filed by Raymond Moats of Weltman, Weinberg & Reis Co., LPA on behalf of Discover Bank. (related documents 56 Objection to Claim and Notice Thereof) (Moats, Raymond). Modified on 10/14/2013 (McGrew, J.). (Entered: 09/16/2013)
602013-09-17 Notice of Hearing and Motion with Certificate of Service filed by Raymond Moats on behalf of Discover Bank. HEARING Scheduled for 10/21/2013 at 10:00 AM at Courtroom 5, Room 318, Weinberger Courthouse . Notice Served On: 9/17/2013. Unless an Order Shortening Time has been entered, Opposition due by: 10/1/2013. If you were served electronically or by mail, you have three additional days to take actions as calculated by Fed. R. Bankr. P. 9006(f). Opposition due by: 10/4/2013. (related documents (related documents 56 Objection to Claim and Notice Thereof, 59 Response) (Moats, Raymond). Modified on 10/14/2013 (McGrew, J.). (Entered: 09/17/2013)
612013-10-14 Notice to Filer of Errors and/or Deficiencies in Documents (related documents 60 Notice of Hearing and Motion) (McGrew, J.) (Entered: 10/14/2013)
622013-10-18 Stipulation to Allow for Withdrawal of Objection filed by Raymond Moats on behalf of Discover Bank. (related documents 56 Objection to Claim and Notice Thereof) (Moats, Raymond) (Entered: 10/18/2013)
632013-10-18 Tentative Ruling. Department 5: Hearing Date and Time: 10/21/2013 @ 10:00 AM (related document 56 )(Admin.) (Entered: 10/18/2013)
642013-10-18 Order Approving Stipulation To Allow For Withdrawal Of Objection To Proof Of Claim 1-1 Of Discovery Bank, Docket Entry No. 56 And Vacating HearingThereon; with BNC Service (related documents 56 Objection to Claim and Notice Thereof, 62 Stipulation) signed on 10/18/2013. (Li, J.) (Entered: 10/18/2013)
652013-10-18 Virtual Entry. Termination of Hearing DATE: 10/21/2013, MATTER: OBJECTION TO CLAIM #1-1 OF DISCOVER BANK FILED BY DEBTORS. Off calendar; Order Approving Stipulation to Allow Withdrawal of Objection to Claim & Vacating Hearing entered 10/18/13 (Doc 64). (vCal Hearing ID (320003)). (related documents 56 Objection to Claim and Notice Thereof) (McGrew, J.) (Entered: 10/18/2013)
662013-10-18 Court Certificate of Mailing with Service by BNC. (related documents 64 Order) Notice Date 10/20/2013. (Admin.) (Entered: 10/20/2013)
672013-10-25 Discharge of Debtor (Li, J.) (Entered: 10/25/2013)
682013-10-25 Order Regarding Objection to Claim NO. 12-1 OF AMERICAN EXPRESS BANK, FSB; with Service by BNC (related documents 57 Objection to Claim and Notice Thereof) signed on 10/25/2013. (Li, J.) (Entered: 10/25/2013)
692013-10-25 Court Certificate of Mailing re Discharge of Debtor with Service by BNC. Notice Date 10/27/2013. (Admin.) (Entered: 10/27/2013)
702013-10-25 Court Certificate of Mailing with Service by BNC. (related documents 68 Order on Objection to Claim) Notice Date 10/27/2013. (Admin.) (Entered: 10/27/2013)