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2016 Calvin Ashland Trustee of the Year Award

The Central District Consumer Bankruptcy Attorneys Association 2016 Calvin Ashland Awards Dinner was held on Thursday, November 3, 2016 in the Grand Ballroom of the LA Hotel Downtown.  It was a night of celebration to honor David A. Gill of Danning-Gill, this year’s Calvin Ashland Trustee of the Year.

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Danning-Gill partner Eric P. Israel participated as a panelist in the 41st Annual Family Law Symposium at the Intercontinental Hotel in Century City, California.

On November 7, 2015, Eric P. Israel participated as a panelist in the 41st Annual Family Law Symposium at the Intercontinental Hotel in Century City, California, sponsored by the Family Law Section of the Beverly Hills Bar Association. Mr. Israel was one of three panelists on the one-hour program on “The Intersection Between Bankruptcy and Family Law,” which included Bankruptcy Judge Neil Bason and Brian Lipak, an expert in family law.

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Case Analysis: Grego v. U.S. Trustee (In re Grego), 2015 WL 3451559 (9th Cir. BAP May 29, 2015), Insolvency e-Bulletin, Insol. L. Comm., Bus. L. Sec., Cal State Bar (November 12, 2015).

SUMMARY In Grego v. U.S. Trustee (In re Grego), 2015 WL 3451559 (9th Cir. BAP May 29, 2015), the Bankruptcy Appellate Panel for the Ninth Circuit reversed the conversion of a debtor’s case from chapter 11 to chapter 7 because the bankruptcy court did not expressly consider whether dismissal was in the best interests of creditors and the estate. To read the full, unpublished decision, click here: http://bit.ly/9CBAP_Grego.   FACTS Glenn Grego owned a 50% interest in certain real property; the other 50% was owned by a trust formed by his father, of which Grego was the trustee.  Grego caused the trust to file for bankruptcy.  The U.S. Trustee filed a motion to dismiss that case, and a foreclosure sale was scheduled to take place one hour after the hearing.  Rather than oppose dismissal of the trust’s bankruptcy case, Grego personally filed for chapter 11 to delay the foreclosure sale. A...

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DGDK Attorneys Contribute to Supreme Court Amicus Brief in Baker Botts v. ASARCO

The Bankruptcy Section of the Beverly Hills Bar Association, together with several other non-California bar associations, has filed an amicus brief in the United States Supreme Court in support of the appellant in Baker Botts LLP v. ASARCO LLC, No. 14-103. The Baker Botts law firm appealed from the decision of the Fifth Circuit Court of Appeals denying the payment of fees requested by Baker Botts, for the attorney fees it incurred defending against an objection to its fee application. By most accounts, including the trial court’s, Baker Botts had obtained an exceptional outcome in the bankruptcy case. The Fifth Circuit’s opinion established a per se rule against allowing payment of fees incurred in defense of bankruptcy fee applications, in direct conflict with the Ninth Circuit’s In re Smith, 317 F.3d 918 (9th Cir. 2002) decision, which places such a determination within the sound discretion of the bankruptcy judge.

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DGDK Has Obtained a Far-Reaching Victory in a Class Action it Filed on Behalf of Bankruptcy Trustees Against the California State Controller

Danning-Gill has settled and obtained court approval of the Settlement Agreement in a class action it filed nearly four years ago against the California State Controller, on behalf of bankruptcy trustees whose claims to debtor funds that escheated to the State of California prepetition were denied based on the argument that trustees lacked standing to assert such claims. Pursuant to the Settlement Agreement, the Controller has agreed to abandon its long-standing policy of denying trustee claims to escheated funds. R. Todd Neilson, the Chapter 7 trustee in the consolidated bankruptcy case of Marion “Suge” Knight, Jr. and Death Row Records, Inc., filed the class action to recover escheated funds held in trust by the Controller. The Controller had previously refused to pay such funds to the Trustee, even though Mr. Knight and Death Row Records had owned interests in the funds prior to their bankruptcy filings. In refusing to turn...

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