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In Re: Maximino A Santos and Gloria Sl Santos

January 12, 2012

IN RE: MAXIMINO A SANTOS AND GLORIA SL SANTOS


The opinion of the court was delivered by: The Honorable Stephen V. Wilson, U.S. District Judge

CIVIL MINUTES - GENERAL

Present: The Honorable STEPHEN V. WILSON, U.S. DISTRICT JUDGE

Paul M. Cruz N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

N/A N/A

Proceedings: IN CHAMBERS ORDER re APPEAL: Re: ORDER AND NOTICE OF DISMISSAL; MOTION to Certify Direct Appeal to the United States Court of Appeals for the Ninth Circuit [7]

INTRODUCTION

On November 29, 2010, Appellants Maximo and Gloria Santos filed a petition under Chapter 13 of the U.S. Bankruptcy Code. On December 9, 2010, Appellants filed their Chapter 13 Plan (the "Plan"). On January 13, 2011, Appellee, the Chapter 13 Trustee, filed Objections to Confirmation of Plan. Specifically, Appellee objected to Appellants' Plan on the basis that, whereas the Plan called for Appellants to make regular payments for 36 months, Appellee claimed that Appellants were required to commit to a 60 month plan.

Appellant then separately raised the issue of Appellants' eligibility for Chapter 13 under 11 U.S.C. § 109(e). The Bankruptcy Court entered an Order dismissing the case on March 30, 2011, and issued its Findings of Fact and Conclusions of Law on April 27, 2011. The Bankruptcy Court determined that Appellants were ineligible for relief under Chapter 13, but did not reach the issue of whether Appellants were required to commit to a 60 month, as opposed to a 36 month plan.*fn1 For the reasons set forth in this Order, the Court hereby AFFIRMS the Bankruptcy Court's dismissal of Appellants' case.

FACTUAL BACKGROUND*fn2

Appellants filed their emergency voluntary petition under Chapter 13 of the U.S. Bankruptcy Code on November 29, 2010. Appellants own real property located at 10343 Park Street, Bellflower, CA 90706 (the "Property"). The Property was valued at $549,000 at the time of filing and was encumbered by four liens:

* First Deed of Trust held by Bank of America Loans Amount: $752,047.89 (the "First Trust Deed")

* Second Deed of Trust held by Wells Fargo Bank, N.A. Amount: $194,280.21 (the ...


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