Listing is Active Effective 11/13/2017

The estate’s right, title, and interest, in the litigation claims pending in an action

The estate’s right, title, and interest, if any, in the litigation claims pending in an action (the “Asset” or “State Court Action”) described as follows:  Cubias v. Carl Karcher Enterprises, Inc. (Carl Karcher Wage and Hour Cases II [Manager Cases]), Judicial Council Coordination Proceeding No. 4537 [Class Action Case Nos. BC430282], pending in the Superior Court of the State of California for the County of Santa Barbara (the “State Court”).



Richard K. Diamond

Method of Sale

•  Offer Subject to Overbid

•  Auction

The sale is subject to bidding at an auction to be conducted before the Bankruptcy Court.  Qualified bidders must submit cash deposit of 10% of purchase price together with fully executed bid form, Exhibit “2” to Motion, both of which must be actually received by the Trustee, by no later than the commencement of the sale hearing.

Terms and conditions of sale:

The initial bid shall be not less than $250,000.  The sale of the Asset is “as-is” and “where-is,” without any representations or warranties whatsoever, subject to the attorneys’ fees and expenses of the Debtor’s counsel prosecuting the State Court Action, for which the estate will not be liable.  The Trustee shall have the right to reject any and all bids, in his discretion, at or before the hearing.


Sale Description

Sale is subject to certain liens, claims, or interests, as described in the Motion.

Hearing Information

November 29, 2017 at 10:00 a.m.
before the Honorable Barry Russell
Courtroom 1668
255 E. Temple St.
Los Angeles, California  90012

For additional information see Motion filed on 11/7/17.

Contact Information

Counsel for Trustee:

1900 Avenue of the Stars, 11th Fl.
Los Angeles, CA  90067

(310) 277-0077– Tel.
(310) 277-5735 –Fax



Case Details

Case Name:   Jose D. Cubias and Ana D. Carmen Cubias

Case No. 2:10-bk-21652-BR