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Case 19-05025-btb Doc 1 Entered 09/30/19 10:52:57 Page 1 of 4

Jeffrey L. Hartman, Esq., #1607

HARTMAN & HARTMAN

510 West Plumb Lane, Suite B

Reno, Nevada 89509

Telephone: (775) 324-2800

Fax: (775) 324-1818

E-mail: notices@bankruptcyreno.com

Attorney for Patrick Canet, Judicial Liquidator and Foreign Representative

UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEVADA

CASE NO. BK-N-16-50644-BTB

CHAPTER 15

Adv. No. ________________

COMPLAINT FOR ORDER AUTHORIZING SALE OF REAL PROPERTY

IN RE:

JAZI GHOLAMREZA ZANDIAN,

Debtor.

PATRICK CANET,

            Plaintiff,

v.

FRED SADRI, as Trustee for the StarLiving Trust, dated April 14,1997, SATHSOWI T. KOROGHLI, as ManagingTrustee for Koroghli Management Trust, and RAY KOROGHLI, as ManagingTrustee for Koroghli Management Trust,

Defendants.

ASC

Hearing Date:

Hearing Time:

Plaintiff Patrick Canet, Judicial Liquidator and Foreign Representative, as and for his complaint against FRED SADRI, as Trustee for the Star Living Trust, dated April 14,1997, SATHSOWI T. KOROGHLI, as Managing Trustee for Koroghli Management Trust, and RAY KOROGHLI, as Managing Trustee for Koroghli Management Trust, alleges as follows:

PARTIES

1.  Patrick Canet is the Judicial Liquidator and Foreign Representative for Debtor Jazi Gholamreza Zandian (“Plaintiff”).

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2.  Plaintiff is informed and believes and thereon alleges that, at all times relevant, Defendant Fred Sadri (“Mr. Sadri”), is an individual residing in Clark County, Nevada. Mr. Sadri is and was at all times relevant to this proceeding, the sole Trustee for The Star Living Trust, Dated April 14, 1997 (“SLT”).

3.  Plaintiff is informed and believes and thereon alleges that, at all times relevant, Ray Koroghli (“Mr. Koroghli”), and Sathsowi T. Koroghli (“Mrs. Koroghli”) are

individuals residing in Clark County , Nevada. Mr. and Mrs. Koroghli are and were at all times relevant to this proceeding, the co-Trustees for Koroghli Management Trust (“KMT”).

JURISDICTION

4.  This Court has jurisdiction over this adversary proceeding by reason of 28 U.S.C. §§ 157(a) and 1334.

5.  This is a core proceeding by reason of 28 U.S.C. § 157(b)(2)(A), (M), (O) and (P).

6.  Venue of this proceeding is proper in accordance with 28 U.S.C. § 1409.

7.  Pursuant to F.R.Bankr.P. 7008 and LR 7008, and Plaintiff consents to entry of a final order or judgment in this proceeding.

RELEVANT FACTS

8.  Plaintiff repeats and alleges the allegations in paragraphs 1 through 7 as though fully set forth herein.

9.  On May 25, 2017, as plaintiffs, Defendants filed adversary proceeding17-05016 in this case for quiet title and declaratory relief with respect to certain real property located in Washoe County, Nevada (“Quiet Title Action”). Specifically the Quiet Title Action related to the following parcels:

a.  079-150-09 (Parcel 1);

b.  079-150-10 (Parcel 2);

c.  079-150-13 (Parcel 3);

d.  084-040-02 (Parcel 4);

e.  084-040-04 (Parcel 5);

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f.  084-040-06 (Parcel 6);

g.  084-040-10 (Parcel 7);

h.  084-130-07 (Parcel 8);

i.  084-140-17 (Parcel 9).

(collectively, the “Property”).

10. On July 20, 2018, the Court entered its Findings of Fact and Conclusions of Law (“Findings and Conclusions”), in the Quiet Title Action. Adv. DE 60. On that same

date, the Court entered its Judgment (“Judgment”), on the Quiet Title Action. Adv. DE 61. 11. The Findings and Conclusions and Judgment determine that SLT is a co-owner of a one-third undivided interest in title to the Property; that KMT is a co-owner of a one-third undivided interest in title to the Property, and Zandian is the owner of an undivided one-third interest in title to the Property as a co-owner with SLT and KMT.

12. The Judgment was not appealed.

13. Plaintiff and Defendants were unable to reach an agreement on the disposition of the Property.

CLAIM FOR RELIEF         11 U.S.C. § 363(h)

14. Plaintiff repeats and alleges the allegations in paragraphs 1 through 13 as though fully set forth herein.

15. Pursuant to 11 U.S.C. § 363(b), the Plaintiff desires to sell the estate's interest for the benefit of the estate.

16. Partition in kind of the Property among the estate and the Defendants is impracticable.

17. Sale of the estate's undivided interest in the Property would realize significantly less for the estate than sale of the Property free of the interests of the Defendants.

18. The benefit to the estate of a sale of the Property free of the interests of the Defendant outweighs the detriment, if any, to the Defendants.

19. The Property is not used in the production, transmission, or distribution, for sale,

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of electric energy or of natural or synthetic gas for heat, light, or power.

WHEREFORE, Plaintiff prays for order and judgment against Defendants as follows:

1. Authorizing Plaintiff to list the entirety of the Property for sale with a reputable broker to be approved by the Court;

2. Subject to Court approval, upon sale of the Property, to have proceeds of sale held in escrow pending entry of an order authorizing disposition of the sale proceeds; and

3. For such other relief as this Court deems proper.

DATED: September 30, 2019.

HARTMAN & HARTMAN

/S/ Jeffrey L. Hartman

Jeffrey L. Hartman, Esq.

Attorney for Patrick Canet,

Foreign Representative

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