IN RE GONG

Case No. 2:15-bk-12452 RK, Adversary No. 2:17-ap-01199 RK.

In re: CHUL HYUN GONG, DBA PAX AMERICA DEVELOPMENT, Chapter 7, Debtor. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-7, Plaintiff, v. CHUL HYUN GONG, DBA PAX AMERICA DEVELOPMENT Defendant.

United States Bankruptcy Court, C.D. California, Los Angeles Division.


Attorney(s) appearing for the Case

Wesley H Avery (TR), Trustee, represented by Jeffrey L. Sumpter , CBIZ Valuation Group LLC.


NOT FOR PUBLICATION

SUMMARY JUDGMENT

ROBERT KWAN, Bankruptcy Judge.

Plaintiff The Bank of New York Mellon FKA The Bank of New York As Trustee For the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-7 ("Plaintiff") submits the following Summary Judgment under Federal Rule of Civil Procedure 56, made applicable here under Federal Rule of Bankruptcy Procedure 7056.

IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:

1. Summary Judgment is hereby granted in favor of Plaintiff on its claims against the Debtor/Defendant and all other interested parties related to the subject property generally described as 11034 Lower Azusa Road, El Monte, CA 91731 and specifically described in Deed of Trust recorded in the Los Angeles County Recorder's Office under instrument number 061260527 on June 8, 2006.

2. That the Court order, adjudge, and decree that the automatic stay is terminated effective immediately under 11 U.S.C. §362(d)(1) and (d)(4) as to the debtor and the bankruptcy estate;

3. That the 14 day stay set forth in Federal Rule of Bankruptcy Procedure 4001(a)(3) is waived.

4. That pursuant to 11 U.S.C. §105(a), the relief granted under 11 U.S.C. §362(d)(4) shall be binding on all (1) past, (2) present and (3) future bankruptcy cases in reference to the real property generally described as 11034 Lower Azusa Road, El Monte, CA 91731 and specifically described in Deed of Trust recorded in the Los Angeles County Recorder's Office under instrument number 061260527 on June 8, 2006.

5. That if the judgment is recorded in compliance with applicable state law governing notices of interests or liens in the Property, this Order is binding and effective under 11 U.S.C. § 362(d)(4)(A) and (B) in any other bankruptcy case purporting to affect the real property filed not later than 2 years after the date of entry of this Order, except that a debtor in a subsequent bankruptcy case may move for relief from this Order based upon changed circumstances or for good cause shown, after notice and a hearing.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases