Burkart v. Chand

Filing 2

ORDER 1 ADOPTING BANKRUPTCY JUDGE'S FINDINGS of FACT and CONCLUSION of LAW signed by Judge John A. Mendez on 11/19/2013. Plaintiffs Motion for Entry of Default Judgment against defendant with damages in the amount requested in the Complaint. (cc: BK Clerk and Judge Robert S. Bardwil) (Marciel, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 In Re: No. 2:13-cv-02303 JAM 12 VINCENT THAKUR SINGH and MELANIE GAY SINGH, Bankruptcy No. 10-42050-D-7 Adv. No. 12-2471 13 Debtor, 14 15 MICHAEL F. BURKART, Chapter 7, Trustee, 16 ORDER ADOPTING THE BANKRUPTCY JUDGE’S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW Plaintiff, v. 17 JAGDISH CHAND, 18 Defendant. 19 20 Chapter 7 Trustee Michael Burkart (“Plaintiff”) filed a 21 motion for entry of default of judgment against Defendant Jagdish 22 Chand (“Defendant”) in the Bankruptcy Court. 23 oppose the motion. 24 Bellingham Ins. Agency, Inc., 702 F.3d 553, 565 (9th Cir. 2012) 25 cert. granted, 133 S. Ct. 2880 (U.S. 2013), on November 4, 2013, 26 the Bankruptcy Court submitted its proposed findings of fact and 27 conclusions of law to this Court for review. 28 /// Defendant did not Pursuant to 28 U.S.C. § 157(c)(1) and In re 1 1 The district court reviews de novo a bankruptcy judge’s 2 proposed findings of fact and conclusions of law as to “those 3 matters to which any party has timely and specifically objected.” 4 28 U.S.C. § 157(c)(1); see also Fed. R. Bankr. P. 9033(d). 5 Objections are due within 14 days after being served with a copy 6 of the proposed findings of fact. 7 objections have been filed in this case. 8 9 Fed. R. Bankr. P. 9033(b). No Upon de novo review, the Court finds the proposed findings of fact and conclusions of law to be supported by the record and 10 by proper analysis. 11 Judge’s proposed findings of fact and conclusions of law (Doc. 12 #1) and, accordingly, GRANTS Plaintiff’s motion for entry of 13 default of judgment against Defendant with damages in the amount 14 requested in the complaint. 15 IT IS SO ORDERED. 16 17 Therefore, the Court ADOPTS the Bankruptcy Dated: November 19, 2013 ____________________________ JOHN A. MENDEZ, UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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