Arturo Gonzalez

Opinion

2 FILED & ENTERED

4 SEP 12 2019

CLERK U.S. BANKRUPTCY COURT 6 C Be Yn t t ar ta u l m D i s t r i c Dt E o Pf UC Ta Yli f Cor Ln Eia RK 7 NOT FOR PUBLICATION 8 UNITED STATES BANKRUPTCY COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 LOS ANGELES DIVISION 11

13 In re: Case No. 2:15-bk-25283-RK

14 ARTURO GONZALEZ, Chapter 7

15 ORDER (1) DENYING FOR LACK OF Debtor. JURISDICTION DEBTOR’S MOTIONS TO 16 VACATE JUDGMENT FOR 17 IRREGULARITIES, VACATE JUDGMENT FOR INTENTIONAL 18 MISREPRESENTATIONS BY TRUSTEE, VACATE JUDGMENT FOR INTENTIONAL 19 MISREPRESENTATION BY DEBTOR’S 20 FORMER ATTORNEY, FRAUD ON THE COURT AND SET ASIDE JUDGMENT 21 UNTIL PENDING INVESTIGATIONS ARE 22 CONCLUDED AND (2) VACATING OCTOBER 1, 2019 HEARING 23 Vacated Hearing 24 Date: October 1, 2019 Time: 2:30 p.m. 25 Courtroom: 1675 26 27 On September 6, 2019, Debtor Arturo Gonzalez filed a Notice of Motion for : 1) 28 Hearing to Vacate Judgment for Irregularities, 2) Motion to Vacate Judgment for 1 Intentional Misrepresentation by Trustee, 3) Motion to Vacate Judgment for Intentional 2 Misrepresentation by Debtor’s Former Attorney, 4) Motion for Fraud on the Court, 5) Set 3 Aside (“Motions”) (Docket No. 466) which was set for hearing October 1, 2019 at 2:30 4 p.m. Having considered the Motions and the record before the court, the court denies 5 the Motions for the following reasons. 6 On March 27, 2019, the court entered its Memorandum Decision Amending Prior 7 Decision After Trial on Contested Matter of the Chapter 7 Trustee’s Motion Objecting to 8 the Debtor’s Claimed Homestead Exemption in Real Property Located at 329 Hawaii 9 Avenue, Wilmington, CA and Ruling on Contested Matter of Chapter 7 Trustee’s Motion 10 Objecting to Debtor’s Amended Claimed Homestead Exemption on Same Property and 11 Tools of the Trade Exemption (“Memorandum Decision on Claimed Homestead and 12 Tools of the Trade Exemptions”) (Docket No. 364). On April 16, 2019, the court entered 13 an Order Amending Prior Decision After Trial on Contested Matter of the Chapter 7 14 Trustee’s Motion Objecting to the Debtor’s Claimed Homestead Exemption in Real 15 Property Located at 329 Hawaiian Avenue, Wilmington, CA and Ruling on Contested 16 Matter of Chapter 7 Trustee’s Motion Objecting to Debtor’s Amended Claimed 17 Homestead Exemption on Same Property and Tools of the Trade Exemption (Docket 18 No. 364) (“Order on Memorandum Decision on Claimed Homestead and Tools of the 19 Trade Exemptions”) (Docket No. 373). On August 23, 2019, the court entered its 20 Memorandum Decision and Order thereon on Motions of Debtor to Alter or Amend 21 Judgment, or for New Trial Pursuant to Federal Rule of Bankruptcy Procedure 9023 and 22 to Amend Findings of Fact and Conclusions of Law Concerning Homestead Exemption 23 Decision and Tools of the Trade Exemption Decision (“Memorandum Decision and 24 Order on Motions to Alter or Amend”). 25 In the Motions, the Debtor requests the court reconsider and vacate its 26 “judgment”, but he does not explicitly refer to which orders that he seeks to vacate as 27 the “judgment.” However, because the Debtor refers to the court’s decisions on the 28 homestead and tools of the trade exemptions in the Motions, he apparently means the 1 judgment on the contested matters decided in the Memorandum Decision on Claimed 2 Homestead and Tools of the Trade Exemptions and Order thereon and the 3 Memorandum Decision and Order on Motions to Alter or Amend entered on March 27, 4 2019, April 16, 2019 and August 23, 2019. On the same day that the Debtor filed the 5 Motions, on September 6, 2019, he filed a Notice of Appeal and Statement of Election 6 to U.S. District Court (“Notice of Appeal”) (Docket No. 462), appealing the court’s 7 judgment in the Memorandum Decision on Claimed Homestead and Tools of the Trade 8 Exemptions and Order thereon and the Memorandum Decision and Order on Motions to 9 Alter or Amend, which are the subjects of the Motions. 10 Filing of a notice of appeal generally confers jurisdiction on the appellate court 11 and divests the trial court of jurisdiction over the matters appealed. Griggs v. Provident 12 Consumer Discount Co., 459 U.S. 56, 58 (1982)(citations omitted); Sumida v. Yumen, 13 409 F.2d 654, 657-658 (9th Cir. 1969)(citations omitted). Here, Debtor's filing of the 14 notice of appeal on September 6, 2019 conferred jurisdiction on the appellate court, the 15 United States District Court, over the matters appealed, and divested this court of 16 jurisdiction over those matters, that is, the court's Memorandum Decision on Claimed 17 Homestead and Tools of the Trade Exemptions and Order thereon and the 18 Memorandum Decision and Order on Motions to Alter or Amend. Having been divested 19 of jurisdiction over the matters appealed, the Memorandum Decision on Claimed 20 Homestead and Tools of the Trade Exemptions and Order thereon and the 21 Memorandum Decision and Order on Motions to Alter or Amend, due to the Debtor's 22 filing of the notice of appeal, the court lacks jurisdiction to consider the Motions to 23 vacate judgment over the matters appealed, and therefore, the court lacks jurisdiction to 24 hear the Motions and thus denies the Motions for lack of jurisdiction. 25 Debtor in the Motions requests in the alternative that all proceedings in this 26 bankruptcy case be stayed. The court denies this request for lack of good cause. 27 Because Debtor’s filing of a notice of appeal deprives this court of jurisdiction 28 over the appealed matters of the Memorandum Decision on Claimed Homestead and 1 || Tools of the Trade Exemptions and Order thereon and the Memorandum Decision and 2 || Order on Motions to Alter or Amend and Debtor's alternative request that all 3 || proceedings in the bankruptcy case be stayed should be denied for lack of good cause, 4 || the court determines that further briefing and oral argument on the Motions are 5 || unnecessary, dispenses with them, vacates the hearings on the Motions noticed for 6 || October 1, 2019 at 2:30 p.m., takes the Motions under submission and files and enters 7 order disposing of the Motions. No appearances are required on the Motions on 8 || October 1, 2019 as the court will not call the Motions for hearing on that date. 10 Hitt 11 12 13 14 15 16 17 18 19 20 21 22 23

25 Date: September 12, 2019 26 United States Bankruptcy Judge 27 28