Hoffman, as Liquidating Trustee of SCI Bankruptcy v. Adelman et al

1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOT FOR PUBLICATION
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
LOS ANGELES DIVISION
In re: ) Case No. 2:11-bk-15975-PC
)
SCI REAL ESTATE INVESTMENTS, ) Adversary No. 2:13-ap-01175-PC
LLC, a Virginia limited liability company, )
)
SECURED CALIFORNIA )
INVESTMENTS, INC., a California )
corporation; )
)
Debtors. ) Chapter 11
)
)
WILLIAM HOFFMAN, not individually ) ORDER GRANTING DEFENDANTS’
but solely as Liquidating Trustee of the ) MOTION TO DISMISS
SCI Bankruptcy Liquidating Trust, )
) Date: April 16, 2013
Plaintiff, ) Time: 9:30 a.m.
) Place: United States Bankruptcy Court
v. ) Courtroom # 1468
) 255 East Temple Street
JOEL D. and FAY S. ADELMAN, et al., ) Los Angeles, CA 90012
)
Defendants. )
)
Based on findings of fact and conclusions of law set forth in the Memorandum Decision
of even date herewith, it is
ORDERED that the motion of Defendants, Joel D. Adelman, et al. (“Defendants”) to
dismiss Plaintiff’s Complaint for: (1) Avoidance and Recovery of Actual Fraudulent Transfers
[11 U.S.C. §§ 544(B), 550(A), 551 and California Uniform Fraudulent Transfer Act, Cal. Civ.
FILED & ENTERED
MAY 01 2013
CLERK U.S. BANKRUPTCY COURT
Central District of California
BY DEPUTY CLERK	egarcia
Case 2:13-ap-01175-PC Doc 169 Filed 05/01/13 Entered 05/01/13 16:47:25 Desc
Main Document Page 1 of 3

2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Code Sections 3439.01 – 3439.12]; (2) Avoidance and Recovery of Constructive Fraudulent
Transfers [11 U.S.C. §§ 544(B), 550(A), 551 and California Uniform Fraudulent Transfer Act,
Cal. Civ. Code Sections 3439.01 – 3439.12]; and (3) Second Omnibus Objection to and
Disallowance of Claims Held by Defendants [See Attached Exhibit 1 for List of Defendants’
Proofs of Claim] [11 U.S.C. §§ 502(B)(1) and 502(D)] (“Complaint”) is granted pursuant to
F.R.Civ.P. 12(b)(6) with leave to amend; and it is further
ORDERED that Plaintiff must file and serve Plaintiff’s First Amended Complaint not
later than June 3, 2013; and it is further
ORDERED that Defendants must file and serve an answer or other response to Plaintiff’s
First Amended Complaint not later than June 28, 2013.
###
Date: May 1, 2013
Case 2:13-ap-01175-PC Doc 169 Filed 05/01/13 Entered 05/01/13 16:47:25 Desc
Main Document Page 2 of 3

3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NOTICE OF ENTERED ORDER AND SERVICE LIST
Notice is given by the court that a judgment or order entitled (specify): Order Granting Defendants’
Motion to Dismiss 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) 05-1-2013 , 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.
Kay S Kress kressk@pepperlaw.com, alexsym@pepperlaw.com
Christine M Pajak cpajak@stutman.com
Penelope Parmes pparmes@rutan.com
United States Trustee (LA) ustpregion16.la.ecf@usdoj.gov
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:
Service information continued
on attached page
Case 2:13-ap-01175-PC Doc 169 Filed 05/01/13 Entered 05/01/13 16:47:25 Desc
Main Document Page 3 of 3