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In re ALFONSO CARPIO BARRETTO, Chapter 7, Debtor. MARTHA MARTINEZ, Plaintiff, v. ALFONSO CARPIO BARRETTO, Defendant.

MEMORANDUM

EDWARD JELLEN, Bankruptcy Judge

Martha Martinez, the above-named plaintiff ("Martinez") sought a determination by this court that a $733,212.60 judgment issued in her favor by the Superior Court of California, County of Santa Clara, on April 27, 2009 (the "Superior Court Judgment") is nondischargeable in the bankruptcy case of Alfonso Barretto, the above-named debtor (the "Debtor"). In response to her complaint, and following the Debtor's default herein, the court issued its non-dischargeable $34,000 judgment (the "Bankruptcy Judgment") in favor of Martinez. The Bankruptcy Judgment is supported by a Memorandum, dated March 8, 2011, (the "Memorandum") wherein the court notes that it is not able to ascertain from the face of the Superior Court Judgment what portion is attributable to nondischargable causes of action against the Debtor. The court based the Bankruptcy Judgment on the offer of proof made by Martinez at a February 28, 2011 hearing.

On March 30, 2011, Martinez submitted a request by which she seeks to amend the court's Memorandum in order to support amendment of the Bankruptcy Judgment in an increased amount. Her request is accompanied by a declaration that appears to have been made by Martinez and filed in support of the Superior Court Judgment, a copy of the final page of the Superior Court Judgment, and what appears to be a portion of Martinez's state court counsel's fee statement. The court has reviewed Martinez's request and supporting documents and will characterize them as a motion to amend the findings of fact and conclusions of law contained in the Memorandum. Unfortunately for Martinez, neither the request nor the supporting documents are responsive to the concerns raised by the court in the Memorandum.

For the foregoing reasons, the court will issue its order denying Martinez's motion to amend the Memorandum and Judgment.

Notice Recipients District/Off: 0971-4 User: lblue Date Created: 4/5/2011 Case: 10-04273 Form ID: pdfeoapc Total: 2 Recipients submitted to the BNC (Bankruptcy Noticing Center): pla Martha Martinez 49191 Alta Vista Terrace Fremont, CA 94539 dft Alfonso Carpio Barretto 28545 Anchorage Lane Hayward, CA 94545 TOTAL: 2

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IN RE BARRETTO
(Apr 5, 2011)