McChristian v. Ditech Holding Corporation et al

Adversary Proceeding
Lead BK case is: 1:19-bk-10412

New York Southern Bankruptcy Court
Chapter 11
Judge:	James L Garrity Jr
Case #:	1:19-ap-01137
Nature of Suit	21 Bankruptcy - Validity, priority or extent of lien or other interest in property 72 Bankruptcy - Injunctive relief - other 11 Bankruptcy - Recovery of money/property - �542 turnover of property 13 Bankruptcy - Recovery of money/property - �548 fraudulent transfer 14 Bankruptcy - Recovery of money/property - other

Case Filed:	May 15, 2019
Terminated:	Jul 20, 2023

Last checked: never

Defendant Ditech Holding Corporation, DEFENDANT 3000 Bayport Drive Suite 985 Tampa, FL 33607	Represented By Ditech Holding Corporation contact info
Defendant Green Tree Credit LLC 3000 Bayport Drive Suite 985 Tampa, FL 33607	Represented By Green Tree Credit LLC contact info
Defendant BRECKENRIDGE PROP FUND 2016, DEFENDANT 2015 MANHATTAN BEACH BLVD SUITE 160 REDONDO BEACH, CA 90278	Represented By BRECKENRIDGE PROP FUND 2016 contact info
Plaintiff Michael McChristian, PLAINTIFF 7860 mission center court #103 SAN DIEGO, CA 92108	Represented By Joseph La Costa Joseph C. La Costa, Attorney At Law contact info

	GPO Oct 29 2021 Memorandum Decision and Order signed on 10/28/2021 Granting Debtor's Motion to Dismiss Plaintiff's Adversary Complaint. (related document(s)12) (Rodriguez, Willie)
	GPO Nov 09 2021 Memorandum Decision and Order signed on 11/9/2021 Granting Breckenridge's Motion to Dismiss the Complaint and Expunge the Lis Pendens. (related document(s)6, 8) (Rodriguez, Willie)

Docket last updated: 02/10/2025 1:08 PM EST

Thursday, July 20, 2023
		misc Close Adversary Proceeding Thu 07/20 10:00 AM Adversary Case 1:19-ap-1137 Closed. This Adversary Proceeding is Closed Subject to the Filing of a Notice of Appeal Within Fourteen (14) Days of the Entry of the Order Terminating this Adversary Proceeding. (Rodriguez, Willie) Related: [-]
Tuesday, March 01, 2022
35		35 211 pgs misc Transcript Tue 03/01 8:47 AM Transcript regarding Hearing Held on 02/24/2022 At 11:21 AM RE: Pre-Trial Conference.; Motion For Reargument Frcp 59 And Clarification.; Opposition Of The Wind Down Estates. Remote electronic access to the transcript is restricted until 5/31/2022. The transcript may be viewed at the Bankruptcy Court Clerks Office. [Transcription Service Agency: Veritext Legal Solutions.]. (See the Courts Website for contact information for the Transcription Service Agency.) Related [+]. Notice of Intent to Request Redaction Deadline Due By 3/8/2022. Statement of Redaction Request Due By 3/22/2022. Redacted Transcript Submission Due By 4/1/2022. Transcript access will be restricted through 5/31/2022. (Ramos, Jonathan) Related: [-] 30 ,31
Friday, February 25, 2022
34		34 order ~Generic~ Order Fri 02/25 1:01 PM Memorandum Decision and Order signed on 2/25/2022 Denying Plaintiff's Motion for Rehearing. Related [+] (Rodriguez, Willie) Related: [-] 30
		misc Terminate Pending Documents Fri 02/25 1:04 PM Pending "Motion, Reargument FRCP 59" Related [+] Terminated per Doc # 34 . (Rodriguez, Willie) Related: [-] 30
Thursday, January 13, 2022
33		33 misc Affidavit of Service Thu 01/13 4:59 PM Affidavit of Service of Angharad Bowdler Related [+] filed by Epiq Corporate Restructuring, LLC Claims Agent.(Garabato, Sid) Related: [-] 31
Tuesday, January 11, 2022
32		32 answer Opposition Tue 01/11 2:04 PM Opposition to Motion for Reargument and Clarification Related [+] filed by Peter Adel Lawrence I on behalf of BRECKENRIDGE PROP FUND 2016 LLC. with hearing to be held on 1/20/2022 (check with court for location) (Lawrence, Peter) Related: [-] 30
		Att: 1 Exhibit
		Att: 2 Exhibit
		Att: 3 Exhibit
		Att: 4 Exhibit
		Att: 5 Exhibit
		Att: 6 Exhibit
		Att: 7 Exhibit
		Att: 8 Exhibit
		Att: 9 Certificate of Service
Thursday, January 06, 2022
31		31 ans Response Thu 01/06 4:36 PM Response / Opposition of the Wind Down Estates to Plaintiff's Motion for Reargument Related [+] filed by Richard W. Slack on behalf of Ditech Holding Corporation Mortgage, LLC. (Slack, Richard) Related: [-] 30
Tuesday, November 16, 2021
30		30 motion Motion, Reargument FRCP 59 Tue 11/16 5:44 PM Motion for Reargument FRCP 59 And Clarification filed by Joseph La Costa on behalf of Michael McChristian with hearing to be held on 1/20/2022 at 11:00 AM at Courtroom 723 (JLG). (La Costa, Joseph) Related: [-]
29		29 misc Affidavit of Service Tue 11/16 10:27 AM Affidavit of Service of Marc Orfitelli Related [+] filed by Epiq Corporate Restructuring, LLC Claims Agent.(Garabato, Sid) Related: [-] 28
Tuesday, November 09, 2021
28		28 39 pgs order Written Opinion Tue 11/09 1:12 PM Memorandum Decision and Order signed on 11/9/2021 Granting Breckenridge's Motion to Dismiss the Complaint and Expunge the Lis Pendens. Related [+] (Rodriguez, Willie) Related: [-] 6 ,8
		misc Terminate Pending Documents Tue 11/09 1:06 PM Pending "Motion, Dismiss Adversary Proceeding" Related [+] Terminated per Doc # 27 . (Rodriguez, Willie) Related: [-] 12
		misc Terminate Pending Documents Tue 11/09 1:33 PM Pending "Motions Related [+] Terminated per Doc # 28 . (Rodriguez, Willie) Related: [-] 6 , 8
Friday, October 29, 2021
27		27 28 pgs order Written Opinion Fri 10/29 10:04 AM Memorandum Decision and Order signed on 10/28/2021 Granting Debtor's Motion to Dismiss Plaintiff's Adversary Complaint. Related [+] (Rodriguez, Willie) Related: [-] 12
Thursday, October 28, 2021
26		26 29 pgs misc Transcript Thu 10/28 4:20 PM Transcript regarding Hearing Held on 10/26/2021 At 11:10 AM RE: Pre-Trial Conference.; Motion To Dismiss Adversary Proceeding.; Opposition To Motion To Dismiss And Remove Lis Pendens.; Etc. Remote electronic access to the transcript is restricted until 1/26/2022. The transcript may be viewed at the Bankruptcy Court Clerks Office. [Transcription Service Agency: Veritext Legal Solutions.]. (See the Courts Website for contact information for the Transcription Service Agency.) Related [+]. Notice of Intent to Request Redaction Deadline Due By 11/4/2021. Statement of Redaction Request Due By 11/18/2021. Redacted Transcript Submission Due By 11/29/2021. Transcript access will be restricted through 1/26/2022. (Ramos, Jonathan) Related: [-] 12 ,6 ,18 ,8 ,20 ,2
Thursday, October 01, 2020
25		25 155 pgs misc Transcript Fri 10/02 10:49 AM Transcript regarding Hearing Held on 05/20/2020 At 11:15 AM RE: Pre-Trial Conference (Doc #2).; Motion To Expunge Document Motion To Expunge Lis Pendens (Doc #6).; Motion To Dismiss Adversary Proceeding (Doc #8).; Etc. Remote electronic access to the transcript is restricted until 12/30/2020. The transcript may be viewed at the Bankruptcy Court Clerks Office. [Transcription Service Agency: Veritext Legal Solutions.]. (See the Courts Website for contact information for the Transcription Service Agency.) Related [+]. Notice of Intent to Request Redaction Deadline Due By 10/8/2020. Statement of Redaction Request Due By 10/22/2020. Redacted Transcript Submission Due By 11/2/2020. Transcript access will be restricted through 12/30/2020. (Ramos, Jonathan) Related: [-] 12 ,6 ,18 ,8 ,10 ,20 ,2
Thursday, July 02, 2020
24		24 misc Affidavit of Service Thu 07/02 1:40 PM Affidavit of Service of Geoff Zahm Related [+] filed by Epiq Corporate Restructuring, LLC Claims Agent.(Garabato, Sid) Related: [-] 23
Friday, June 12, 2020
23		23 notice Notice, Adjournment of Hearing Fri 06/12 9:39 AM Notice of Adjournment of Hearing : Notice of Adjournment of Bench Ruling Related [+] filed by Richard W. Slack on behalf of Ditech Holding Corporation Mortgage, LLC. with hearing to be held on 7/23/2020 at 11:00 AM at Courtroom 601 (JLG) (Slack, Richard) Related: [-] 12 ,6 ,8
Thursday, May 21, 2020
22		22 answer Opposition Thu 05/21 4:32 PM Opposition to CONSUMER CLAIMS TRUSTEE OBJECTION TO CLAIM filed by Joseph La Costa on behalf of Michael McChristian. with hearing to be held on 6/17/2020 at 11:00 AM at Courtroom 601 (JLG) (La Costa, Joseph) Related: [-]
		Att: 1 proof of service
Wednesday, November 06, 2019
21		21 misc Affidavit of Service Wed 11/06 10:00 AM Affidavit of Service of Konstantina Haidopoulos Related [+] filed by Epiq Corporate Restructuring, LLC Claims Agent.(Garabato, Sid) Related: [-] 20
Friday, November 01, 2019
20		20 ans Response Fri 11/01 11:28 AM Response / Ditech Defendants' Reply to Plaintiff's Opposition to Motion to Dismiss Related [+] filed by Richard W. Slack on behalf of Ditech Holding Corporation Mortgage, LLC. (Slack, Richard) Related: [-] 12 ,18
Tuesday, October 29, 2019
19		19 order Scheduling Order Tue 10/29 9:51 AM Briefing Stipulation and Order signed on 10/28/2019. Related [+] (Rodriguez, Willie) Related: [-] 16
Wednesday, October 16, 2019
18		18 answer Opposition Wed 10/16 2:50 PM Opposition to Motion to Dismiss and Motion to Amend Complaint filed by Joseph La Costa on behalf of Michael McChristian. with hearing to be held on 11/14/2019 at 11:00 AM at Courtroom 601 (JLG) Objections due by 10/30/2019, Reply due by 11/12/2019, (La Costa, Joseph) Related: [-]
		Att: 1 Proof of Service
Friday, October 11, 2019
17		17 misc Affidavit of Service Fri 10/11 3:54 PM Affidavit of Service of Wing Chan Related [+] filed by Epiq Corporate Restructuring, LLC Claims Agent.(Garabato, Sid) Related: [-] 16
Thursday, October 10, 2019
16		16 notice Notice, Proposed Order/Presentment Thu 10/10 4:53 PM Notice of Proposed Order / Briefing Stipulation and Proposed Order Related [+] filed by Richard W. Slack on behalf of Ditech Holding Corporation Mortgage, LLC. (Slack, Richard) Related: [-] 1
Tuesday, September 10, 2019
15		15 misc Affidavit of Service Tue 09/10 11:30 AM Affidavit of Service of Wing Chan Related [+] filed by Epiq Corporate Restructuring, LLC Claims Agent.(Garabato, Sid) Related: [-] 12
Monday, September 09, 2019
14		14 order So Ordered Stipulation Mon 09/09 10:21 AM Stipulation and Order signed on 9/5/2019 Extending Time to Answer, Move or Otherwise Respond. Related [+] (Rodriguez, Willie) Related: [-] 11
Thursday, September 05, 2019
13		13 misc Affidavit of Service Thu 09/05 10:02 AM Affidavit of Service of Forrest Kuffer Related [+] filed by Epiq Corporate Restructuring, LLC Claims Agent.(Garabato, Sid) Related: [-] 11
Wednesday, September 04, 2019
12		12 motion Motion, Dismiss Adversary Proceeding Wed 09/04 10:34 PM Motion to Dismiss Adversary Proceeding / Debtors' Motion to Dismiss Plaintiff's Adversary Complaint filed by Richard W. Slack on behalf of Ditech Holding Corporation Mortgage, LLC. (Slack, Richard) Related: [-]
		Att: 1 Exhibit Declaration of Richard W. Slack
		Att: 2 Exhibit A
		Att: 3 Exhibit B
		Att: 4 Exhibit C
		Att: 5 Exhibit D
		Att: 6 Exhibit E
		Att: 7 Exhibit F
		Att: 8 Exhibit G
		Att: 9 Exhibit H
		Att: 10 Exhibit I
		Att: 11 Exhibit J
Tuesday, August 27, 2019
11		11 misc Stipulation Tue 08/27 11:34 AM Stipulation and Proposed Order Extending Ditech Defendants' Time to Answer, Move or Otherwise Respond Related [+] Filed by Richard W. Slack on behalf of Ditech Holding Corporation Mortgage, LLC. (Slack, Richard) Related: [-] 1
Saturday, August 24, 2019
10		10 answer Opposition Sat 08/24 6:09 PM Opposition to Motion to Dismiss and Remove Lis Pendens filed by Joseph La Costa on behalf of Michael McChristian. with hearing to be held on 8/28/2019 at 11:00 AM at Courtroom 601 (JLG) (La Costa, Joseph) Related: [-]
		Att: 1 Proof of service
Tuesday, July 02, 2019
9		9 misc Affidavit of Service Tue 07/02 9:32 AM Affidavit of Service of Forrest Kuffer Related [+] filed by Epiq Corporate Restructuring.(Garabato, Sid) Related: [-] 7
Friday, June 28, 2019
8		8 motion Motion, Dismiss Adversary Proceeding Fri 06/28 6:21 PM Motion to Dismiss Adversary Proceeding filed by Seth Cox on behalf of BRECKENRIDGE PROP FUND 2016 LLC. with hearing to be held on 8/28/2019 at 11:00 AM at Courtroom 601 (JLG) (Cox, Seth) Related: [-]
		Att: 1 Pleading Request for Judicial Notice
		Att: 2 Exhibit 1
		Att: 3 Exhibit 2
		Att: 4 Exhibit 3
		Att: 5 Exhibit 4
		Att: 6 Exhibit 5
		Att: 7 Exhibit 6
		Att: 8 Exhibit 7
		Att: 9 Exhibit 8
		Att: 10 Exhibit 9
		Att: 11 Exhibit 10
		Att: 12 Exhibit 11
7		7 misc Stipulation Fri 06/28 6:03 PM Stipulation Extending Time to Answer Related [+] Filed by Richard W. Slack on behalf of Ditech Holding Corporation Mortgage, LLC. (Slack, Richard) Related: [-] 1
6		6 motion Motion, Expunge Document Fri 06/28 2:43 PM Motion to Expunge Document Motion to Expunge Lis Pendens filed by Seth Cox on behalf of BRECKENRIDGE PROP FUND 2016 LLC. with hearing to be held on 8/28/2019 at 11:00 AM at Courtroom 601 (JLG) (Cox, Seth) Related: [-]
		Att: 1 Pleading Declaration of Seth Cox
		Att: 2 Pleading Request for Judicial Notice
		Att: 3 Exhibit 1
		Att: 4 Exhibit 2
		Att: 5 Exhibit 3
		Att: 6 Exhibit 4
		Att: 7 Exhibit 5
		Att: 8 Exhibit 6
		Att: 9 Exhibit 7
		Att: 10 Exhibit 8
		Att: 11 Exhibit 9
		Att: 12 Exhibit 10
		Att: 13 Exhibit 11
		Att: 14 Exhibit 12
Wednesday, June 26, 2019
5		5 order Application, Pro Hac Vice Wed 06/26 12:04 PM Order signed 6/26/2019 Granting Application for Pro Hac Vice for Seth Cox. Related [+] (Rodriguez, Willie) Related: [-] 3
4		4 order Application, Pro Hac Vice Wed 06/26 11:44 AM (DISREGARD. SEE CORRECTED ENTRY.) Order signed on 6/26/2019 Granting Application for Pro Hac Vice for Seth Cox. Related [+] (Rodriguez, Willie) Modified on 6/26/2019 (Gomez, Jessica) Related: [-] 3
Monday, June 24, 2019
3		3 motion Application, Pro Hac Vice Admission Mon 06/24 1:02 PM Application for Pro Hac Vice Admission filed by Seth Cox on behalf of BRECKENRIDGE PROP FUND 2016 LLC. (Cox, Seth) Related: [-]
		crditcrd Auto - docket of credit card Mon 06/24 1:05 PM Receipt of Application for Pro Hac Vice Admission([LINK 19-01137 jlg] ) [motion,122] ( 200.00) Filing Fee. Receipt number A13281572. Fee amount 200.00. Related [+] (U.S. Treasury) Related: [-] Doc #3
Wednesday, May 29, 2019
2		2 cmp Auto Summons and Notice of Pre-Trial Conference Wed 05/29 1:29 PM Summons with Notice of Pre-Trial Conference issued by Clerk's Office with Pre-Trial Conference set for 8/28/2019 at 11:00 AM at Courtroom 601 (JLG), Answer due by 6/28/2019, (Ortiz, Carmen) Related: [-]
Thursday, May 16, 2019
		crditcrd Auto - docket of credit card Thu 05/16 6:48 PM Receipt of Complaint([LINK 19-01137 jlg] ) [cmp,cmp] ( 350.00) Filing Fee. Receipt number A13212578. Fee amount 350.00. Related [+] (U.S. Treasury) Related: [-] Doc #1
Wednesday, May 15, 2019
1		1 cmp Complaint (fee) Wed 05/15 5:34 PM Adversary case 19-01137 Complaint against Ditech Holding Corporation, Green Tree Credit LLC, BRECKENRIDGE PROP FUND 2016 (Fee Amount $ 350.). Nature(s) of Suit: (11 (Recovery of money/property - 542 turnover of property)), (13 (Recovery of money/property - 548 fraudulent transfer)), (72 (Injunctive relief - other)), (14 (Recovery of money/property - other)), (21 (Validity, priority or extent of lien or other interest in property)) Filed by Joseph La Costa on behalf of Michael McChristian, Ditech Holding Corporation. (La Costa, Joseph) Related: [-]

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