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Case: In re Bolas and Morales

2:11-bk-17831 | U.S. District Court for the Central District of California

Filed Date: Feb. 24, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

Debtors are a legally married same-sex couple in California. They filed a joint petition for relief under Chapter 13 of the Bankruptcy Code on February 24, 2011, and the U.S. Trustee moved to dismiss, arguing that their marriage should not be recognized by the court because of the federal Defense of Marriage Act (DOMA). In an opinion signed by 20 judges, the U.S. Bankruptcy Court of the Central District of California held on June 13, 2011, that DOMA could not survive heightened scrutiny under the Equal Protection Clause, and therefore did not bar the two debtors from filing a joint petition and seeking relief as joint debtors. The U.S. Department of Justice first filed a notice of appeal, but quickly dismissed that appeal; in July 2011, the DOJ notified bankruptcy courts that it will no longer try to dismiss bankruptcy petitions jointly filed by same-sex couples married under state law. The bankruptcy petition then proceeded.

Summary Authors

Darren Miller (11/27/2012)

People


Attorneys(s) for Plaintiff

Lively, Peter M. (California)

Pfister, Robert J. (California)

Attorneys(s) for Defendant

Yip, Hatty K. (California)

Other Attorney(s)

Active

Expert/Monitor/Master

McCarroll, Scott D. (Pennsylvania)

Attorneys(s) for Plaintiff

Lively, Peter M. (California)

Pfister, Robert J. (California)

Attorneys(s) for Defendant

Yip, Hatty K. (California)

Other Attorney(s)

Hayes, M. Jonathan (California)

Expert/Monitor/Master

McCarroll, Scott D. (Pennsylvania)

Documents in the Clearinghouse

Document

2:11-bk-17831

Docket [Bankruptcy]

Jan. 2, 2015

Jan. 2, 2015

Docket
47

2:11-bk-17831

Memorandum of Decision of the U.S. Bankruptcy Court for the Central District of California

June 13, 2011

June 13, 2011

Order/Opinion
64

2:11-bk-17831

Order Dismissing Appeal

In re Balas and Morales

July 11, 2011

July 11, 2011

Order/Opinion

Docket

Last updated Nov. 25, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link

Peter) (Entered: 02/24/2011) 6 (2 pgs) Meeting of Creditors with 341(a) meeting to be held on 03/28/2011 at 03:30 PM at RM Redondo B, Sheraton LA Downtown Hotel, 711 South Hope St., Los Angeles, CA 90017. Confirmation hearing to be held on 05/12/2011 at

Feb. 24, 2011

Feb. 24, 2011

(Entered: 02/24/2011) Receipt of Voluntary Petition (Chapter 13)(2:11-bk-17831) [misc,volp13] ( 274.00) Filing Fee. Receipt number 18991243. Fee amount 274.00. (U.S. Treasury) (Entered:

Feb. 24, 2011

Feb. 24, 2011

10:00 AM at Crtrm 1375, 255 E Temple St., Los Angeles, CA 90012. Proof of Claim due by 06/27/2011. (Lively, Peter) (Entered: 02/24/2011) 7 (5 pgs) BNC Certificate of Notice (RE: related document(s)6 Meeting (AutoAssign Chapter 13)) No. of Notices: 17. Service Date 02/27/2011. (Admin.) (Entered:

Feb. 24, 2011

Feb. 24, 2011

02/24/2011) 2 Statement of Social Security Number(s) Form B21 Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A.

Feb. 24, 2011

Feb. 24, 2011

(1 pg) Douglas Balas. (Lively, Peter) (Entered: 02/24/2011) 4 Certificate of Credit Counseling Filed by Joint Debtor

Feb. 24, 2011

Feb. 24, 2011

(1 pg) Carlos A. Morales. (Lively, Peter) (Entered: 02/24/2011) 5 (2 pgs) Declaration Re: Electronic Filing Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales. (Lively,

Feb. 24, 2011

Feb. 24, 2011

Morales. (Lively, Peter) (Entered: 02/24/2011) 3 Certificate of Credit Counseling Filed by Debtor Gene

Feb. 24, 2011

Feb. 24, 2011

02/27/2011) 8 (2 pgs) BNC Certificate of Notice (RE: related document(s)1 Voluntary Petition (Chapter 13) filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales) No. of Notices: 1. Service Date 02/27/2011.

Feb. 27, 2011

Feb. 27, 2011

(Admin.) (Entered: 02/27/2011) 9 (42 pgs) Summary of Schedules , Statistical Summary of Certain Liabilities, Schedule A , Schedule B , Schedule C , Schedule D , Schedule E , Schedule F , Schedule G , Schedule H , Schedule I , Schedule J , Declaration concerning debtor's schedules , Statement of Financial Affairs , Chapter 13 Statement of Current Monthly and Disposable Income Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales. (Lively, Peter) (Entered:

Feb. 27, 2011

Feb. 27, 2011

12 Debtor's notice of section 341(a) meeting and hearing on (11 pgs) confirmation of chapter 13 plan with copy of chapter 13 plan with proof of service Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales. (Lively, Peter) (Entered: 03/09/2011) 13 (1 pg) Declaration RE Tax Returns (Preconfirmation) Filed by Debtor Gene Douglas Balas. (Lively, Peter) (Entered:

March 9, 2011

March 9, 2011

(Lively, Peter) (Entered: 03/09/2011) 17 (5 pgs) Debtor's Certification of Employment Income Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A.

March 9, 2011

March 9, 2011

03/09/2011) 14 (1 pg) Declaration RE: Payment of Domestic Support Obligations Filed by Debtor Gene Douglas Balas. (Lively,

March 9, 2011

March 9, 2011

03/09/2011) 16 (1 pg) Declaration RE: Payment of Domestic Support Obligations Filed by Joint Debtor Carlos A. Morales.

March 9, 2011

March 9, 2011

03/09/2011) 11 (10 pgs) Chapter 13 Plan with proof of service Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales (RE: related document(s)1 Chapter 13 Voluntary Petition . Fee Amount $274 Filed by Gene Douglas Balas, Carlos A. Morales Schedule A due 03/10/2011. Schedule B due 03/10/2011. Schedule C due 03/10/2011. Schedule D due 03/10/2011. Schedule E due 03/10/2011. Schedule F due 03/10/2011. Schedule G due 03/10/2011. Schedule H due 03/10/2011. Schedule I due 03/10/2011. Schedule J due 03/10/2011. Statement of Financial Affairs due 03/10/2011. Chapter 13 Plan due by 03/10/2011. Statement - Form 22C Due: 03/10/2011. Incomplete Filings due by

March 9, 2011

March 9, 2011

03/09/2011) 10 (2 pgs) Declaration Re: Electronic Filing of Schedules and Statements Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales. (Lively, Peter) (Entered:

March 9, 2011

March 9, 2011

Morales. (Lively, Peter) (Entered: 03/09/2011) 18 Notice of Hearing Filed by. (Dockery (TR), Kathy)

March 9, 2011

March 9, 2011

Peter) (Entered: 03/09/2011) 15 (1 pg) Declaration RE Tax Returns (Preconfirmation) Filed by Joint Debtor Carlos A. Morales. (Lively, Peter) (Entered:

March 9, 2011

March 9, 2011

03/10/2011.). (Lively, Peter) (Entered: 03/09/2011)

March 9, 2011

March 9, 2011

(4 pgs) (Entered: 03/18/2011) 19 Objection to Confirmation of Chapter 13 Plan . (Dockery

March 18, 2011

March 18, 2011

(7 pgs) (TR), Kathy) (Entered: 03/30/2011) 20 (1 pg) Request for courtesy Notice of Electronic Filing (NEF) Filed by M Jonathan Hayes on behalf of Courtesy

March 30, 2011

March 30, 2011

NEF. (Hayes, M) (Entered: 03/30/2011) 21 (19 pgs; 4 docs) Application to Employ Klee, Tuchin, Bogdanoff & Stern LLP as Special Counsel to the Debtors on a Pro Bono Basis in Connection with Certain Specified Matters Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales (Attachments: 1 Exhibit A - License & Certificate of Marriage2 Exhibit B - Feb. 23, 2011 Letter from Attorney General to Speaker3 Exhibit C - KTB&S Bios)

March 30, 2011

March 30, 2011

(Entered: 04/01/2011) 24 Notice of Hearing Filed by. (Dockery (TR), Kathy)

April 1, 2011

April 1, 2011

(Pfister, Robert) (Entered: 04/01/2011) 23 (4 pgs) Proof of service Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales (RE: related document(s)21 Application to Employ Klee, Tuchin, Bogdanoff & Stern LLP as Special Counsel to the Debtors on a Pro Bono Basis in Connection with Certain Specified Matters , 22 Notice of motion/application). (Pfister, Robert)

April 1, 2011

April 1, 2011

(Pfister, Robert) (Entered: 04/01/2011) 22 (3 pgs) Notice of motion/application pursuant to LBR 9013- 1(o) Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales (RE: related document(s)21Application to Employ Klee, Tuchin, Bogdanoff & Stern LLP as Special Counsel to the Debtors on a Pro Bono Basis in Connection with Certain Specified Matters Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales).

April 1, 2011

April 1, 2011

(4 pgs) (Entered: 04/12/2011) 25 (4 pgs) Declaration re: Response to Objections to Plan Confirmation by the Standing Chapter 13 Trustee with proof of service Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales (RE: related document(s)19 Trustee's Objection to Confirmation of

April 12, 2011

April 12, 2011

Plan (batch)). (Lively, Peter) (Entered: 04/14/2011) 26 (7 pgs) Objection to Confirmation of Plan and Declaration of Hatty Yip in Support Thereof Filed by U.S. Trustee United

April 14, 2011

April 14, 2011

Dismiss Case for Abuse and Notice of Motion (BNC) Pursuant to 11 U.S.C. 1307(c) or for Related Relief ). (Yip, Hatty) (Entered: 04/15/2011) 30 (36 pgs; 2 docs) Declaration re: non opposition // Declaration Re: Entry of Order Without Hearing Pursuant to LBR 9013-1(o) Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales (RE: related document(s)21 Application to Employ Klee, Tuchin, Bogdanoff & Stern LLP as Special Counsel to the Debtors on a Pro Bono Basis in Connection with Certain Specified Matters ). (Attachments: 1 Exhibit

April 15, 2011

April 15, 2011

States Trustee (LA). (Yip, Hatty) (Entered: 04/15/2011) 27 (95 pgs) Request for judicial notice in Support of United States Trustee's Notice of Objection and Objection to Confirmation of Plan Filed by U.S. Trustee United States

April 15, 2011

April 15, 2011

Trustee (LA). (Yip, Hatty) (Entered: 04/15/2011) 28 (7 pgs) Motion to Dismiss Case for Abuse and Notice of Motion (BNC) Pursuant to 11 U.S.C. 1307(c) or for Related Relief Filed by U.S. Trustee United States Trustee (LA)

April 15, 2011

April 15, 2011

(Yip, Hatty) (Entered: 04/15/2011) 29 (95 pgs) Request for judicial notice Filed by U.S. Trustee United States Trustee (LA) (RE: related document(s)28 Motion to

April 15, 2011

April 15, 2011

A) (Pfister, Robert) (Entered: 04/19/2011) 31 (7 pgs) Order Granting Application to Employ Klee Tuchin Bogdanoff & Stern LLP as Special Counsel on a Pro Bono Basis in Connection with Certain Specified Matters(Related Doc # 21) Signed on 4/20/2011.

April 19, 2011

April 19, 2011

(Kaaumoana, William) (Entered: 04/20/2011) 32 (12 pgs; 2 docs) Notice of Entry of Order Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales (RE: related document(s)31 Order Granting Application to Employ Klee Tuchin Bogdanoff & Stern LLP as Special Counsel on a Pro Bono Basis in Connection with Certain Specified Matters). (Attachments: 1Exhibit A: Order) (Pfister,

April 20, 2011

April 20, 2011

Robert) (Entered: 04/20/2011) Hearing Set (RE: related document(s)28 Dismiss Case for Abuse and Notice of Motion (BNC) filed by U.S. Trustee United States Trustee (LA)) The Hearing date is set for 5/11/2011 at 01:30PM at Crtrm 1345, 255 E Temple St., Los Angeles, CA 90012. The hearing judge is Thomas B.

April 20, 2011

April 20, 2011

Donovan (Bakchellian, Mary) (Entered: 04/22/2011) 33 (15 pgs) Application for Compensation of Fees with proof of service for Peter M Lively, Debtor's Attorney, Period: to, Fee: $9644, Expenses: $0. Filed by Attorney Peter M

April 22, 2011

April 22, 2011

Lively (Lively, Peter) (Entered: 04/25/2011) 34 (5 pgs) Notice of motion/application and Opportunity for a Hearing on the Application for payment of Fees and Costs of Law Office of Peter M. Lively with proof of service Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales (RE: related document(s)33 Application for

April 25, 2011

April 25, 2011

Compensation of Fees with proof of service for Peter M Lively, Debtor's Attorney, Period: to, Fee: $9644, Expenses: $0. Filed by Attorney Peter M Lively). (Lively, Peter) (Entered: 04/25/2011) 35 (143 pgs; 6 docs) Opposition to (related document(s): 26 No action taken on Objection to Confirmation of the Plan filed by U.S. Trustee United States Trustee (LA), 28Motion to Dismiss Case for Abuse and Notice of Motion (BNC) Pursuant to 11 U.S.C. 1307(c) or for Related Relief filed by U.S. Trustee United States Trustee (LA)) // Debtors' Opposition to the U.S. Trustee's Motion to Dismiss and Response to the U.S. Trustee's Confirmation Objection; Memorandum of Points & Authorities; Declaration of Gene Douglas Balas; Declaration of Carlos A. Morales Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales (Attachments: 1 Tab A - Holder Letter2 Tab B - Levenson I3 Tab C - Levenson II4 Tab D - Dragovich5 Tab E - Gill)

April 25, 2011

April 25, 2011

(Pfister, Robert) (Entered: 04/27/2011) 36 (6 pgs) Notice // Supplemental Disclosure of Klee, Tuchin, Bogdanoff & Stern LLP in Connection with Employment as Special Counsel to the Debtors Filed by Debtor Gene Douglas Balas, Special Counsel Klee Tuchin Bogdanoff & Stern LLP, Joint Debtor Carlos A. Morales (RE: related document(s)21 Application to Employ Klee, Tuchin, Bogdanoff & Stern LLP as Special Counsel to the Debtors on a Pro Bono Basis in Connection with Certain Specified Matters Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales, 31 Order Granting Application to Employ Klee Tuchin Bogdanoff & Stern LLP as Special Counsel on a Pro Bono Basis in Connection with Certain

April 27, 2011

April 27, 2011

Specified Matters). (Pfister, Robert) (Entered: 04/29/2011) 37 In accordance with the Administrative Order 11-04 dated 04/15/11, this case is hereby reassigned from Judge Alan M. Ahart to Judge Thomas B. Donovan. (Bryant, Sandra

April 29, 2011

April 29, 2011

R.) (Entered: 05/02/2011) 38 (1 pg) Notice to creditors (BNC) rescheduling hearing re chapter 13 confirmation hearing and the hearing on the U.S. Trustee's motion to dismiss pursuant to 11 U.S.C. Section 1307(c) or for related relief; Hearings to be held on June 17, 2011 at 2:00 p.m. (Pennington-Jones, Patricia)

May 2, 2011

May 2, 2011

(Entered: 05/03/2011) 39 (1 pg) Notice to creditors (BNC) AMENDED NOTICE IS HEREBY GIVEN that the Chapter 13 confirmation hearing and the hearing on the U.S. Trustee's motion to dismiss Pursuant to 11 U.S.C. Section 1307(c) or for related relief set on May 11, 2011 have been rescheduled to May 17, 2011 at 2:00 p.m. (Pennington-Jones, Patricia)

May 3, 2011

May 3, 2011

(Entered: 05/04/2011) 40 (3 pgs) BNC Certificate of Notice (RE: related document(s)38 Notice to creditors (BNC)) No. of Notices: 27. Service Date 05/05/2011. (Admin.) (Entered:

May 4, 2011

May 4, 2011

05/05/2011) 41 (3 pgs) BNC Certificate of Notice (RE: related document(s)39 Notice to creditors (BNC)) No. of Notices: 27. Service Date 05/06/2011. (Admin.) (Entered:

May 5, 2011

May 5, 2011

05/06/2011) 42 (28 pgs) Declaration re: of Counsel Regarding No Response or Request for Hearing on Application for Payment of Fees and Costs of Law Office of Peter M. Lively with proof of service Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales (RE: related document(s)33 Application for Compensation of Fees with proof of service for Peter M Lively, Debtor's Attorney, Period: to, Fee: $9644, Expenses: $0., 34 Notice of motion/application). (Lively,

May 6, 2011

May 6, 2011

Peter) (Entered: 05/16/2011) 43 (7 pgs) Order continuing hearing on the United States's motion to dismiss and setting deadline for any pleadings or other filings; motion to dismiss is continued to June 13, 2011 at 2:00 p.m. (see order for further details)Re: Signed on 5/20/2011.I, deputy clerk who is making this entry, certify that service on all parties under Section II was completed,

May 16, 2011

May 16, 2011

[related to 28] (Fortier, Stacey) (Entered: 05/20/2011) 44 (4 pgs) Certificate of Service Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales (RE: related document(s)43 Order (Generic)). (Pfister, Robert)

May 20, 2011

May 20, 2011

(Entered: 05/23/2011) 45 (19 pgs) Transcript regarding Hearing Held 05/17/11 RE: CONT'D HRG RE UNITED STATES TRUSTEE'S MOTION TO

May 23, 2011

May 23, 2011

DISMISS PURSUANT TO 11 U.S.C. SECTION 1307(C) OR FOR RELATED RELIEF. HRG RE CONFIRMATION OF CHAPTER 13 PLAN. Remote electronic access to the transcript is restricted until 08/29/2011. The transcript may be viewed at the Bankruptcy Court Clerk's Office. [For transcriber contact information, call the applicable divisional office where the case was filed.]. Notice of Intent to Request Redaction Deadline Due By 6/7/2011. Redaction Request Due By 06/21/2011. Redacted Transcript Submission Due By 07/1/2011. Transcript access will be restricted through 08/29/2011. (Martens, Holly) (Entered: 05/31/2011) 46 (24 pgs; 3 docs) Reply to (related document(s): 28 Motion to Dismiss Case for Abuse and Notice of Motion (BNC) Pursuant to 11 U.S.C. 1307(c) or for Related Relief filed by U.S. Trustee United States Trustee (LA)) // Debtors' Reply Brief Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales (Attachments: 1Tab F - In re Somers & Caggiano2 Tab G - In re Ziviello-Howell) (Pfister, Robert)

May 31, 2011

May 31, 2011

(Entered: 06/07/2011) 47 Memorandum of decision Signed on 6/13/2011.

June 7, 2011

June 7, 2011

(26 pgs) (Pennington-Jones, Patricia) (Entered: 06/13/2011) 48 (2 pgs) Order overruling the United States Trustee's objection to confirmation of plan (Related Doc # 26) Signed on 6/20/2011 (Pennington-Jones, Patricia) (Entered:

June 13, 2011

June 13, 2011

06/20/2011) 49 (3 pgs) BNC Certificate of Notice - PDF Document. (RE: related document(s)48 Order (Generic)) No. of Notices: 2. Service

June 20, 2011

June 20, 2011

Date 06/22/2011. (Admin.) (Entered: 06/22/2011) 50 (3 pgs; 2 docs) Notice of Appeal USDC Court. . Fee Amount $255 Filed by U.S. Trustee United States Trustee (LA) (RE: related document(s)47 Memorandum of decision,48 Order (Generic)). Appellant Designation due by 07/11/2011.

June 22, 2011

June 22, 2011

3 docs) Hatty) (Entered: 06/27/2011) Receipt of Notice of Appeal(2:11-bk-17831-TD) [appeal,ntcapl] ( 255.00) Filing Fee. Receipt number FeeWaived/UST Filing. Fee amount 255.00. (Manvelian)

June 27, 2011

June 27, 2011

(Attachments: 1 POS)(Yip, Hatty) (Entered: 06/27/2011) 53 (34 pgs; Motion for Leave to Appeal Filed by U.S. Trustee United States Trustee (LA) (Attachments: 1 Exhibit 12 POS) (Yip,

June 27, 2011

June 27, 2011

(Attachments: 1 POS)(Yip, Hatty) (Entered: 06/27/2011) 52 (6 pgs; 2 docs) Appellant Designation of Contents For Inclusion in Record On Appeal and Statement of Issues Filed by U.S. Trustee United States Trustee (LA) (RE: related document(s)50 Notice of Appeal, 51 Election to Appeal). Appellee designation due by 07/11/2011. Transmission of Designation Due by 07/27/2011.

June 27, 2011

June 27, 2011

(Attachments: 1 POS)(Yip, Hatty) (Entered: 06/27/2011) 51 (3 pgs; 2 docs) Election to Appeal to District Court Filed by U.S. Trustee United States Trustee (LA) (RE: related document(s)50 Notice of Appeal).

June 27, 2011

June 27, 2011

(Entered: 06/28/2011) 54 (6 pgs) Order Confirming Chapter 13 Plan (Related Doc # 11) Signed on 6/29/2011 (Toliver, Wanda) (Entered:

June 28, 2011

June 28, 2011

06/29/2011) 55 (27 pgs) Transcript regarding Hearing Held 06/13/11 RE: CONT'D HRG RE UNITED STATES TRUSTEE'S MOTION TO DISMISS PURSUANT TO 11 U.S.C. SECTION 1307(c) OR FOR RELATED RELIEF. Remote electronic access to the transcript is restricted until 09/28/2011. The transcript may be viewed at the Bankruptcy Court Clerk's Office. [For transcriber contact information, call the applicable divisional office where the case was filed.]. Notice of Intent to Request Redaction Deadline Due By 7/7/2011. Redaction Request Due By 07/21/2011. Redacted Transcript Submission Due By 08/1/2011. Transcript access will be restricted through 09/28/2011. (Martens,

June 29, 2011

June 29, 2011

(Pennington-Jones, Patricia) (Entered: 06/30/2011) 59 (3 pgs) Response to (related document(s): 53 Motion for Leave to Appeal filed by U.S. Trustee United States Trustee (LA)) // Notice of Non-Opposition to Motion for Leave to Appeal Filed by Debtor Gene Douglas Balas, Joint Debtor

June 30, 2011

June 30, 2011

(Pfister, Robert) (Entered: 06/30/2011) 58 (2 pgs) Notice of referral of appeal to U. S. District Court with certificate of mailing (RE: related document(s)50 Notice of Appeal filed by U.S. Trustee United States Trustee (LA))

June 30, 2011

June 30, 2011

Holly) (Entered: 06/30/2011) 56 (27 pgs) Request for Certification of Direct Appeal to Circuit Court // Memorandum of Points & Authorities; Declaration of Patrick McMahon; Declaration of Carolyn Dye; Declaration of Rosendo Gonzalez; Declaration of Heidi Kurtz; Declaration of Sam Leslie; Declaration of Amy Goldman; Declaration of Renay Rodriguez; Specimen Certification Order Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales (RE: related

June 30, 2011

June 30, 2011

document(s)50 Notice of Appeal). (Pfister, Robert) (Entered: 06/30/2011) 57 (5 pgs) Notice of motion/application // Notice of Motion for Order Without Hearing Pursuant to LBR 9013-1(o) for Debtors' Request for Certification of Direct Appeal Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales.

June 30, 2011

June 30, 2011

Carlos A. Morales (Pfister, Robert) (Entered: 06/30/2011) 60 (7 pgs) BNC Certificate of Notice - PDF Document. (RE: related document(s)54 No action taken on Order Confirming Chapter 13 Plan) No. of Notices: 2. Service Date

June 30, 2011

June 30, 2011

07/01/2011. (Admin.) (Entered: 07/01/2011) 61 (5 pgs) Motion to Dismiss under Fed. R. Bankr. P. 8001(c) for Related Relief Filed by U.S. Trustee United States Trustee

July 1, 2011

July 1, 2011

(LA) (Yip, Hatty) (Entered: 07/06/2011) 62 (8 pgs; 3 docs) Request for judicial notice Filed by U.S. Trustee United States Trustee (LA) (RE: related document(s)61 Motion to Dismiss under Fed. R. Bankr. P. 8001(c) for Related Relief ). (Attachments: 1 POS2 Exhibit 1) (Yip, Hatty)

July 6, 2011

July 6, 2011

(Entered: 07/06/2011) 63 (7 pgs) Response to (related document(s): 61 Motion to Dismiss under Fed. R. Bankr. P. 8001(c) for Related Relief filed by U.S. Trustee United States Trustee (LA)) // Debtors' Response to the United States Trustee's Motion to Dismiss Bankruptcy Appeal Pursuant to FRBP 8001(c) Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A.

July 6, 2011

July 6, 2011

Morales (Pfister, Robert) (Entered: 07/08/2011) 64 Order Dismissing Appeal (Related Doc # 61) Signed on

July 8, 2011

July 8, 2011

(Entered: 07/11/2011) 66 (2 pgs) Notice re appeal fr. Bankr. Court. Filed by US District Court 11-CV-05480 ODW (RE: related document(s)50 ).

July 11, 2011

July 11, 2011

(3 pgs) 7/11/2011 (Pennington-Jones, Patricia) (Entered: 07/11/2011) 65 (5 pgs) Order Granting Application For Compensation (Related Doc # 33) for Peter M Lively, fees awarded: $9,644.00 Signed on 7/11/2011. (Pennington-Jones, Patricia)

July 11, 2011

July 11, 2011

(Toliver, Wanda) (Entered: 07/12/2011) 67 (4 pgs) BNC Certificate of Notice - PDF Document. (RE: related document(s)64 Order on Generic Motion) No. of Notices: 2. Service Date 07/13/2011. (Admin.) (Entered:

July 12, 2011

July 12, 2011

07/13/2011) 68 (1 pg) BAP/USDC dismissal of appeal CV 11-05480 ODW Re: Appeal BAP/USDC Number: , Signed on 7/21/2011 (RE: related document(s)50). (Toliver, Wanda) (Entered:

July 13, 2011

July 13, 2011

07/25/2011) 69 (3 pgs; 2 docs) Transfer of Claim Transfer Agreement 3001 (e) 2 Transferor: FIA Card Services, NA as successor in interest to (Claim No. 9) To Oak Harbor Capital II, L.L.C. Filed by Creditor Oak Harbor Capital II, L.L.C.. (Ralston, Richard)

July 21, 2011

July 21, 2011

Richard) (Entered: 07/27/2011) 71 (4 pgs; 2 docs) Transfer of Claim Transfer Agreement 3001 (e) 2 Transferor: Citibank South Dakota NA (Claim No. 13) To Citibank, N.A. Filed by Creditor Citibank, N.A.. (Rossi,

July 27, 2011

July 27, 2011

(Entered: 07/27/2011) 70 (3 pgs; 2 docs) Transfer of Claim Transfer Agreement 3001 (e) 2 Transferor: FIA Card Services, NA as successor in interest to (Claim No. 10) To Oak Harbor Capital II, L.L.C. Filed by Creditor Oak Harbor Capital II, L.L.C.. (Ralston,

July 27, 2011

July 27, 2011

Lauren) (Entered: 07/28/2011) 72 (2 pgs) BNC Certificate of Notice - Transfer of Claim (RE: related document(s)69 Transfer of Claim filed by Creditor Oak Harbor Capital II, L.L.C.) No. of Notices: 1. Service Date

July 28, 2011

July 28, 2011

07/30/2011. (Admin.) (Entered: 07/30/2011) 73 (2 pgs) BNC Certificate of Notice - Transfer of Claim (RE: related document(s)70 Transfer of Claim filed by Creditor Oak Harbor Capital II, L.L.C.) No. of Notices: 1. Service Date

July 30, 2011

July 30, 2011

07/30/2011. (Admin.) (Entered: 07/30/2011) 74 (2 pgs) BNC Certificate of Notice - Transfer of Claim (RE: related document(s)71 Transfer of Claim filed by Creditor Citibank, N.A.) No. of Notices: 1. Service Date

July 30, 2011

July 30, 2011

07/31/2011. (Admin.) (Entered: 07/31/2011) 75 (3 pgs) Notice of Change of Address with proof of service Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A.

July 31, 2011

July 31, 2011

Morales. (Lively, Peter) (Entered: 08/11/2011) 79 (12 pgs) Application for Compensation of Supplemental Fees with proof of service for Peter M Lively, Debtor's Attorney, Period: to, Fee: $6256, Expenses: $8. Filed by Attorney

Aug. 11, 2011

Aug. 11, 2011

Carlos A. Morales (Lively, Peter) (Entered: 08/11/2011) 77 (4 pgs) Notice of motion/application under LBR 3015-1(n) and (w) to Modify Plan or Suspend Plan Payments with proof of service Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales (RE: related document(s)76 Motion under Local Bankruptcy Rule 3015-1). (Lively, Peter)

Aug. 11, 2011

Aug. 11, 2011

Expenses: $8. Filed by Attorney Peter M Lively). (Lively, Peter) (Entered: 08/11/2011) 81 (3 pgs) Trustee's Comments on or Objection to DEBTORS MOTION TO MODIFY PLAN OR SUSPEND PLAN PAYMENTS Filed by Trustee Kathy A Dockery (TR) (RE: related document(s)76 Motion under Local Bankruptcy Rule 3015-1 filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales). (Dockery (TR), Kathy)

Aug. 11, 2011

Aug. 11, 2011

(Entered: 08/11/2011) 78 (6 pgs) Amended Schedule I , Amended Schedule J Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A.

Aug. 11, 2011

Aug. 11, 2011

Morales. (Lively, Peter) (Entered: 08/11/2011) 76 (13 pgs) Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments with proof of service Filed by Debtor Gene Douglas Balas, Joint Debtor

Aug. 11, 2011

Aug. 11, 2011

Peter M Lively (Lively, Peter) (Entered: 08/11/2011) 80 (5 pgs) Notice of motion/application of Application and Opportunity for a Hearing on the Application for Payment of Supplemental Fees and Costs of Law Office of Peter M. Lively with proof of service Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales (RE: related document(s)79 Application for Compensation of Supplemental Fees with proof of service for Peter M Lively, Debtor's Attorney, Period: to, Fee: $6256,

Aug. 11, 2011

Aug. 11, 2011

(Entered: 08/17/2011) 82 (25 pgs) Declaration re: of Counsel Regarding No Response or Request for Hearing on Notice and Application for Payment of Supplemental Fees and Costs of Law Offices of Peter M. Lively with Proof of Service Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales (RE: related document(s)79Application for Compensation of Supplemental Fees with proof of service for Peter M Lively, Debtor's Attorney, Period: to, Fee: $6256, Expenses: $8., 80Notice of motion/application). (Lively,

Aug. 17, 2011

Aug. 17, 2011

Peter) (Entered: 08/29/2011) 83 (28 pgs) Declaration re: of Peter M. Lively Regarding No Response or Request for Hearing on Debtor's Motion Under Local Bankruptcy Rule 3015(n) and (w) to Modify Plan and or Suspend Plan Payments with proof of service Filed by Debtor Gene Douglas Balas, Joint Debtor Carlos A. Morales (RE: related document(s)76 Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments with proof of service , 77 Notice of motion/application, 81 Trustee's Comments on or

Aug. 29, 2011

Aug. 29, 2011

Objection (Ch 13)). (Lively, Peter) (Entered: 09/07/2011) 84 (5 pgs) Order Granting Application For Compensation (Related Doc # 79) for Peter M Lively, fees awarded: $6264.00, expenses awarded: $0 (I, Deputy clerk who is making this entry certify that service on all parties under Sect II was completed upon addresses listed on file) Signed on

Sept. 7, 2011

Sept. 7, 2011

9/15/2011. (Toliver, Wanda) (Entered: 09/15/2011) 85 (6 pgs) Order Granting Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments (I, Deputy clerk who is making this entry certify that service on all parties under Sect II was completed on

Sept. 15, 2011

Sept. 15, 2011

addresses listed on file) (Related Doc # 76) Signed on 9/20/2011. (Toliver, Wanda) (Entered: 09/20/2011) 86 In accordance with the Administrative Order 11-08 dated 11/01/2011, this case is hereby reassigned from Judge Thomas B. Donovan to Judge Neil W. Bason. (Hernandez,

Sept. 20, 2011

Sept. 20, 2011

Kevin) (Entered: 11/07/2011) 87 Notice of Change of Address Filed by Creditor Citibank,

Nov. 7, 2011

Nov. 7, 2011

(2 pgs) N.A.. (Rossi, Lauren) (Entered: 12/08/2011) 88 Notice of intent to pay claims . (Dockery (TR), Kathy)

Dec. 8, 2011

Dec. 8, 2011

(3 pgs) (Entered: 01/03/2012) 89 Notice of intent to pay claims . (Dockery (TR), Kathy)

Jan. 3, 2012

Jan. 3, 2012

(4 pgs) (Entered: 07/09/2012) 90 (3 pgs; 2 docs) Transfer of Claim Transfer Agreement 3001 (e) 2 Transferor: HSBC Bank Nevada, N.A. (Claim No. 7) To Capital One Bank (USA), N.A. To Capital One Bank (USA), N.A.P.O. Box 12907Norfolk, VA 23541 Filed by Creditor PRA Receivables Management, LLC. (Garcia,

July 9, 2012

July 9, 2012

Dolores) (Entered: 12/10/2012) 91 (3 pgs) BNC Certificate of Notice - Transfer of Claim (RE: related document(s)90 Transfer of Claim filed by Creditor PRA Receivables Management, LLC) No. of Notices: 1. Notice

Dec. 10, 2012

Dec. 10, 2012

Date 12/19/2012. (Admin.) (Entered: 12/19/2012) 92 (2 pgs; 2 docs) Transfer of Claim Transfer Agreement 3001 (e) 2 Transferor: Portfolio Investments I LLC (Claim No. 16) To Midland Funding LLC To Midland Funding LLCby American InfoSource LP as agentPO Box 4457Houston, TX 77210-4457 Filed by Creditor Midland Funding LLC by American InfoSource LP as agent. (Walls, Lovetta)

Dec. 19, 2012

Dec. 19, 2012

(Entered: 12/22/2012) 93 (3 pgs; 2 docs) Transfer of Claim Transfer Agreement 3001 (e) 2 Transferor: HSBC Bank Nevada, N.A. (Claim No. 8) To Capital One Bank (USA), N.A. To Capital One Bank (USA), N.A.PO Box 12907Norfolk, VA 23541 Filed by Creditor PRA Receivables Management, LLC. (Garcia,

Dec. 22, 2012

Dec. 22, 2012

Dolores) (Entered: 01/02/2013) 94 (3 pgs) BNC Certificate of Notice - Transfer of Claim (RE: related document(s)92 Transfer of Claim filed by Creditor Midland Funding LLC by American InfoSource LP as agent) No. of Notices: 0. Notice Date 01/05/2013.

Jan. 2, 2013

Jan. 2, 2013

(Admin.) (Entered: 01/05/2013) 95 (3 pgs) BNC Certificate of Notice - Transfer of Claim (RE: related document(s)93 Transfer of Claim filed by Creditor PRA Receivables Management, LLC) No. of Notices: 1. Notice

Jan. 5, 2013

Jan. 5, 2013

Date 01/05/2013. (Admin.) (Entered: 01/05/2013) 96 Notice of intent to pay claims . (Dockery (TR), Kathy)

Jan. 5, 2013

Jan. 5, 2013

(4 pgs) (Entered: 01/08/2013) 97 (3 pgs; 2 docs) Transfer of Claim Transfer Agreement 3001 (e) 2 Transferor: Candica L.L.C (Claim No. 4) To Vanda, LLC To Vanda, LLCc/o Weinstein & Riley, P.S.2001 Western Ave., Ste. 400Seattle, WA 98121 Filed by Creditor Vanda,

Jan. 8, 2013

Jan. 8, 2013

LLC. (Harrison, Josh) (Entered: 04/18/2013) 99 (3 pgs) BNC Certificate of Notice - Transfer of Claim (RE: related document(s)97 Transfer of Claim filed by Creditor Vanda, LLC) No. of Notices: 0. Notice Date 04/20/2013. (Admin.)

April 18, 2013

April 18, 2013

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Feb. 24, 2011

Closing Date: June 13, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are a married same-sex couple in California who are debtors filing a joint petition for Chapter 13 bankruptcy.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Trustee (Los Angeles), Federal

Case Details

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Source of Relief:

Litigation

Issues

General:

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sexual orientation

Affected Gender:

Female

Male