|
RECEIVED
<br /> y 15 (010
<br /> aMCE0EM RGENCy W
<br /> 1 DANA A.SUNTAG(California State Bar No. 125127) 1 PLEASE TAKE NOTICE that Chapter 7 Trustee Frederick Vaske is filing
<br /> ZOEY P.MERRILL(California State Bar No.268331) a motion to compromise the adverse
<br /> 2 THE SUNTAG LAW FIRM 2 adversary proceeding entitled Frederick Vaske v. Dorothy
<br /> A Professional Corporation J.Litchfield and Don Litchfield,Sr,Adv. Pro.09-02627(the"Adversary Proceeding").
<br /> 3 The Kress Building 3 Under the proposed compromise,Defendants Dorothy J.Litchfield and
<br /> 20 North Sutter Street,Fourth Floor Don Litchfield will pay the Trustee$12,000 on behalf of the bankruptcy estate,the
<br /> 4 Stockton,California 95202 4 Adversary Proceeding will be dismissed with prejudice,and the parties will release
<br /> Telephone:(209)943-2004 each other from any and all claims.
<br /> 5 Facsimile: (209)943-0905 5 The Trustee believes the compromise is in the best interests of the estate
<br /> 6 Attorneys for Chapter 7 Trusteeand the Court should approve it under Federal Rule of Bankruptcy Procedure 9019(a),
<br /> FREDERICK VASKE 6 The Motion is to be heard on December 13,2010,9:00 a.m.,in
<br /> 7 7 Department A,the Courtroom of the Honorable Michael S.McManus,located at 501
<br /> Street,7th Floor,Courtroom 28,Sacramento,California.
<br /> g UNITED STATES BANKRUPTCY COURT 8 The Motion is based on this Notice,the Motion,the Memorandum of
<br /> 9 EASTERN DISTRICT OF CALIFORNIA 9 Points and Authorities in support of the Motion,the Declaration of Frederick Vaske,the
<br /> papers on file in this case,and on arguments or evidence that may be presented at the
<br /> 10 In re 10 time of the hearing.
<br /> Case No.:08-36148-A-7 YOUR RIGHTS MAY BE AFFECTED.You should read this Notice
<br /> 11 � VPERFORD,LLC, DC No,SLF-6 11 carefully and discuss it with your attorney if you have one in this bankruptcy
<br /> case.If you do not have aa,attorney,you may wish to consult one.
<br /> NOTICE OF CHAPTER 7 12 TRUSTEE'S MOTION TO PLEASE TAKE FURTHER NOTICE that,pursuant to Local
<br /> Debtor. ) COMPROMISE ADVERSARY 13 Rule 9014(f)(1),any apposition to the Motion must be in writing and you must,at least
<br /> / ) PROCEEDING AGAINST 14 days before the hearing,(i)serve a copy of R on the Trustee care of his counsel,
<br /> { DOROTHY J.LITCHFIELD AND 14 Dana A.Sumag,The Suntag Law Firm,the Kress Building,20 North Sutter Street,
<br /> DON LITCHFIELD,SR. Fourth Floor,Stockton,Cal;fomia 95202,and on the Office of the US Trustee,501 "1"
<br /> 15 15 Street,Suite 7-500,Sacramento,California 95614,and(ii)file it with the Court. The
<br /> Date: December 13,2010 last date to serve and file opposition is November 29,2010.You must include with you
<br /> 16 ) Time:9:00 a.m. 18 opposition adequate evidence to establish its factual allegallons.Without good cause,
<br /> Place: Department A you will not be heard at oral argument if you fail to serve and file written opposition in a
<br /> 17 ) (Courtroom 28) 17 timely manner.Moreover,your failure to serve and file a timely written opposition may
<br /> Honorable Michael S. McManus be deemed a waiver of any opposition to the granting of the Motion.
<br /> 18 18 You are urged to consult the Court's local rules,which are located at:
<br /> 19 19 www.caeb uscourts eov.
<br /> 20 20 The basic facts of the Motion are as follows:
<br /> On November 4,2008,the Debtor filed this case under Chapter 11. )
<br /> 21 21 On December 1,2008,Defendants filed a proof of claim in the amount of
<br /> 22 22 $130,178.69 for loans they claim they made to the Debtor.
<br /> On June 5,2009,Mr.Vaske was appointed as Chapter 11 trustee.
<br /> 23 23 On September 29,2009,this case was converted to Chapter 7.
<br /> Y4 24 Mr.Vaske was appointed Chapter 7 Trustee.
<br /> On 25 In
<br /> 25 the Adversary Proceeding,Mr.Vaske gall rges that In June 2007,Copperford conveyed
<br /> 28 to Defendants real property located in South Dakota(the"Real Property")and that the
<br /> 26 conveyance was a fraudulent conveyance under Bankruptcy Code Section 548.
<br /> 27 According to the deposition testimony in this case of Don K.Litchfield(the son of the
<br /> 27 Defendants and a principal of the Debtor),the Real Property contains an old house
<br /> 28 28 that Is In poor cond'nion and not occupied.
<br /> NOTICE OF COMPROMISE MOTION NOTICE OF COMPROMISE MOTION
<br /> 1 2
<br />
|