Louie Phillip Mojarro and Pamela Sue Mojarro

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UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
LOS ANGELES DIVISION
In re:
Louie Phillip Mojarro
Pamela Sue Mojarro
Debtors.
Case No.: 2:12-bk-43331-TD
CHAPTER 7
MEMORANDUM OF DECISION RE: MARY
ESTRADA MOTION FOR RELIEF FROM
STAY PURSUANT TO 11 U.S.C. ' 362
Date: January 10, 2013
Time: 10:00 a.m.
Courtroom: 1345
Mary Estrada brought her motion for relief from the automatic stay pursuant to 11
U.S.C. ' 362. The motion was argued at a hearing on January 10. The court
announced its tentative decision to deny the motion at the hearing for reasons as stated
on the record. At the conclusion of the hearing, the court stated that it would allow
further briefing which has now been filed by both sides and has been reviewed by the
court.
The court now concludes that its tentative ruling should become final and that
Estrada’s motion for relief brought under ' 362 must be denied.
FILED & ENTERED
MAR 11 2013
CLERK U.S. BANKRUPTCY COURT
Central District of California
BY DEPUTY CLERK	vandenst
Case 2:12-bk-43331-TD Doc 26 Filed 03/11/13 Entered 03/11/13 15:57:27 Desc
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After the motion was filed, but before the January 10 hearing, the chapter 7
trustee entered his “no asset report” on the court’s docket, and the debtors were issued
a discharge of their prepetition unsecured debts. Therefore, the Estrada motion is
moot.
Meanwhile, as noted in debtors’ bankruptcy papers, Estrada prepetition had sued
the debtors in the Los Angeles Superior Court. That suit remains pending, subject to
the “discharge injunction” of 11 U.S.C. ' 524(a). As Estrada has argued, some rights
asserted by Estrada in the state court suit may remain viable.
It is up to Estrada to consider its options and pursue them in state court as may
be allowable under ' 524(a) in light of the debtors’ discharge issued in their bankruptcy
case. No further relief from this court would seem to be allowable on Estrada’s pending
motion under ' 362.
IT IS SO ORDERED.
Date: March 11, 2013
Case 2:12-bk-43331-TD Doc 26 Filed 03/11/13 Entered 03/11/13 15:57:27 Desc
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NOTICE OF ENTERED ORDER AND SERVICE LIST
Notice is given by the court that a judgment or order entitled (specify): ) MEMORANDUM OF DECISION
was entered on the date indicated as AEntered@ on the first page of this judgment or order and will be
served in the manner stated below:
1. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF) B Pursuant to controlling
General Orders and LBRs, the foregoing document was served on the following persons by the court via
NEF and hyperlink to the judgment or order. As of (date)3/4/13, the following persons are currently on the
Electronic Mail Notice List for this bankruptcy case or adversary proceeding to receive NEF transmission
at the email addresses stated below.
David A Gill (TR)
mlr@dgdk.com, dgill@ecf.epiqsystems.com;DanningGill@Gmail.com
Nina Z Javan on behalf of Creditor CarMax Auto Finance
njavan@pralc.com, cmartin@pralc.com
Daniel I Singer on behalf of Creditor U.S. Bank National Association
bankruptcy@zievelaw.com
United States Trustee (LA)
ustpregion16.la.ecf@usdoj.gov
Robert G Uriarte on behalf of Debtor Louie Mojarro
robert@uriarte-wood.com
Service information continued on attached page
2. SERVED BY THE COURT VIA UNITED STATES MAIL: A copy of this notice and a true copy of this
judgment or order was sent by United States mail, first class, postage prepaid, to the following persons
and/or entities at the addresses indicated below:
Attorney for Creditor Mary Estrada
Steven P Byrne
Byrne & Associates
139 E Olive Ave, Ste 100
Monrovia, CA 91016
Debtors
Louie Phillip Mojarro, Jr
Pamela Sue Mojarro
1328 E McWood St
West Covina, CA 91790 Service information continued on attached page
3. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment
or order which bears an AEntered@ stamp, the party lodging the judgment or order will serve a complete
copy bearing an AEntered@ stamp by United States mail, overnight mail, facsimile transmission or email
and file a proof of service of the entered order on the following persons and/or entities at the addresses,
facsimile transmission numbers, and/or email addresses stated below:
Service information continued on attached page
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