Dennis v. World Bank Savings, FSB. et al

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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Memorandum
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	Case No. 10-71174 EDJ
Chapter 13
TANYA D. DENNIS,
Debtor. 	/
TANYA D. DENNIS, 	Adv. Pro. No. 10-04369 AJ
Plaintiff,
vs.
WORLD SAVINGS BANK, FSB,
WACHOVIA BANK, FSB,
WELLS FARGO BANK, FSB
Defendants. /
MEMORANDUM RE ABSTENTION
The court has considered the factors for discretionary
abstention pursuant to 28 U.S.C. § 1334(c)(1), and has concluded
that abstention is appropriate in this case. 	See In re Tucson
Estates, Inc., 912 F.2d 1162, 1166-67 (9th Cir. 1990).
All of the claims for relief stated by plaintiff Tanya Dennis,
Signed: January 27, 2011

EDWARD D. JELLEN
U.S. Bankruptcy Judge

Entered on Docket
January 27, 2011
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 10-04369 Doc# 7 Filed: 01/27/11 Entered: 01/27/11 12:25:00 Page 1 of 4

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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1The claims for relief alleged are: breach of the covenant
of good faith and fair dealing, concealment, unjust enrichment,
wrongful foreclosure, violation of California Civil Code
§ 1788.17 (wrongful debt collection practices), misrepresentation
and fraud, breach of contract, and declaratory relief, including
quieting title.
2On December 28, 2011, Martha Bronitsky, chapter 13 trustee,
filed a motion to dismiss Dennis’s chapter 13 case based on the
failure of debtor’s proposed plan to provide for sufficient
payment amounts, include secured or unsecured creditors, and
because the plan was ambiguous. 	Thereafter, Dennis amended her
chapter 13 plan, and the trustee filed another motion to dismiss,
based upon the amended plan’s failure to propose a distribution
to unsecured creditors, and Dennis’s failure to amend her
Schedules to reflect foreclosed real property. 	The trustee’s
current motion to dismiss is well grounded.
2	Memorandum
the above debtor (“Dennis”) in her complaint are matters governed by
California law. 1 	The matters at issue are not core matters under 28
U.S.C. § 157(b)(2). 	Dennis has demanded a jury trial. 	If the
matter is to be tried, the burden on the court’s docket would be
substantial.
Additionally, this adversary proceeding will have no effect on
the administration of the Dennis estate, because Dennis’s chapter 13
case is poised for dismissal on motion of Martha Bronitsky, chapter
13 trustee. 2 	Dennis’s amended chapter 13 plan suffers from serious
flaws. 	For example, with respect to general unsecured claims,
Dennis’s proposed chapter 13 plan, filed January 14, 2011, provides
that “debtor(s) estimate(s) that general unsecured claims will be
paid 	%.” 	As filed, the amended plan cannot be confirmed.
For the foregoing reasons, the court will issue its order
Case: 10-04369 Doc# 7 Filed: 01/27/11 Entered: 01/27/11 12:25:00 Page 2 of 4

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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3At the January 24, 2011 status conference, Dennis inquired
whether she could transfer this adversary proceeding to another
judge, and whether she could appeal this court’s ruling on
abstention. 	As to the former, the court responded in the
negative. 	As to the latter, the court neglected to note in open
court, but now does note, that under 28 U.S.C. § 1334(d), one
level of appeal (but not an appeal to the Ninth Circuit) would
potentially be available to Dennis if such an appeal were not
moot on account of dismissal of the main chapter 13 case.
3	Memorandum
abstaining from hearing this adversary proceeding. 3
** END OF ORDER **
Case: 10-04369 Doc# 7 Filed: 01/27/11 Entered: 01/27/11 12:25:00 Page 3 of 4

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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4	Memorandum
COURT SERVICE LIST
All Recipients
Case: 10-04369 Doc# 7 Filed: 01/27/11 Entered: 01/27/11 12:25:00 Page 4 of 4