HTML Document View

Full title: Motion to Extend Deadline to File Schedules or Provide Required Information, and/or Plan (Case Opening Documents) Motion For Order: (1) Extending And/Or Establishing Deadline To File Schedules And Statement Of Financial Affairs; And (2) Authorizing Chapter 7 Trustee To Prepare And File Schedules And Statement Of Financial Affairs Pursuant To Federal Bankruptcy Rule 1007(k); Memorandum Of Points And Authorities; Declaration Of Elissa D. Miller In Support with Proof of Service Filed by Trustee Elissa Miller (TR) (Ekvall, Lei Lei) (Entered: 02/05/2021)

Document posted on Feb 4, 2021 in the bankruptcy, 9 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

22 23 24 TO THE HONORABLE BARRY RUSSELL, UNITED STATES BANKRUPTCY JUDGE: 25 Elissa D. Miller, the chapter 7 trustee (the "Trustee") of the bankruptcy estate of 26 Girardi Keese (the "Estate"), submits this Motion for Order (1) Extending and/or 27 Establishing Deadline to File Schedules and Statement of Financial Affairs; and 1 Financial Affairs Pursuant to Federal Rule of Bankruptcy Procedure 1007(k)The Trustee has been working to sort through all of the data to gather the details 1 given the number of cases in the Debtor's inventory, the state of the Debtor's record 2 keeping, the lack of any personnel at the Debtor that is knowledgeable and familiar with 3 the Debtor's assets, liabilities and financial affairs, and the difficulty of accurately 4 ascertaining the Debtor's assets and liabilities from the records, the task of compiling the5 information to prepare the Debtor's schedules and statement of financial affairs will be 6 labor intensive and time consuming.Since the Debtor has not filed its schedules, by this Motion, the Trustee is seeking5 authority to prepare the Debtor's schedules and statement of affairs after concluding her 6 examination of the Debtor's books and records and any other available information in 7 order to properly administer the estate.This review process is continuing, but given 26 the number of cases in the Debtor's inventory, the state of the Debtor's record keeping, 27 the lack of any personnel at the Debtor that is knowledgeable and familiar with the 1 the Debtor's assets and liabilities from the records, the task of compiling the information 2 to prepare the Debtor's schedules and statement of financial affairs will be labor intensiv3 and time consuming. true and correct copy of the foregoing document entitled (specify): MOTION FOR ORDER: (1) EXTENDING AND/OR STABLISHING DEADLINE TO FILE SCHEDULES AND STATEMENT OF FINANCIAL AFFAIRS; AND (2) AUTHORIZING HAPTER 7 TRUSTEE TO PREPARE AND FILE SCHEDULES AND STATEMENT OF FINANCIAL AFFAIRS PURSUANT TO EDERAL BANKRUPTCY RULE 1007(k); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ELISSA D. ILLER IN SUPPORT will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005(d); and (b) in the manner stated below: .

List of Tables

Document Contents

1 SMILEY WANG-EKVALL, LLP Lei Lei Wang Ekvall, State Bar No. 163047 2 lekvall@swelawfirm.com Philip E. Strok, State Bar No. 169296 3 pstrok@swelawfirm.com Timothy W. Evanston, State Bar No. 319342 4 tevanston@swelawfirm.com 3200 Park Center Drive, Suite 250 5 Costa Mesa, California 92626 Telephone: (714) 445-1000 6 Facsimile: (714) 445-1002 7 Attorneys for Elissa D. Miller, Chapter 7 Trustee 8 9 UNITED STATES BANKRUPTCY COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 LOS ANGELES DIVISION 2 0 0 92626 4 445-1 1123 I GnI RreA RDI KEESE, CChaasep tNero 7. 2:20-bk-21022-BR ornia ax 71 a, Calif00 • F 14 MANODT/IOORN EFOSTRA OBRLDISEHRIN: G(1 )D EEXATDELNINDEIN TGO s0 15 FILE SCHEDULES AND STATEMENT e1 M5- OF FINANCIAL AFFAIRS; AND a 4 ost4 4 16 (2) AUTHORIZING CHAPTER 7 C71 TRUSTEE TO PREPARE AND FILE el 17 SCHEDULES AND STATEMENT OF T FINANCIAL AFFAIRS PURSUANT TO 18 FEDERAL BANKRUPTCY Debtor. RULE 1007(k); MEMORANDUM OF 19 POINTS AND AUTHORITIES; DECLARATION OF ELISSA D. MILLER 20 IN SUPPORT 21 [No Hearing Required Pursuant to Local Bankruptcy Rule 9013-1(o)] 22 23 24 TO THE HONORABLE BARRY RUSSELL, UNITED STATES BANKRUPTCY JUDGE: 25 Elissa D. Miller, the chapter 7 trustee (the "Trustee") of the bankruptcy estate of 26 Girardi Keese (the "Estate"), submits this Motion for Order (1) Extending and/or 27 Establishing Deadline to File Schedules and Statement of Financial Affairs; and

1

1 Financial Affairs Pursuant to Federal Rule of Bankruptcy Procedure 1007(k) (the 2 "Motion"). In support of the Motion, the Trustee submits the following memorandum of 3 points and authorities and the attached Declaration of Elissa D. Miller. 4 5 I. INTRODUCTION 6 Girardi Keese (the "Debtor") was once a thriving plaintiff's law firm based in Los 7 Angeles, California, practicing in the areas of personal injury, defective products, sexual 8 abuse, toxic torts, business law, employment law, and aviation law. Recent events led t9 commencement of involuntary petitions against both the Debtor and Mr. Girardi, its 10 founding partner. At that time, the Debtor's operations were greatly diminished, with mo11 of the attorneys and staff having resigned or moved on from the Debtor. 2 0 0 92626 4 445-1 1123 ProcedTuhree 1D0e0b7t.o rT hhaes Tnrouts ftieleed a sncdh ehdeur lceosu anss erel qhuaivree db ebey nF eindveersatli gRautilneg o, fr eBvaienwkriunpgt,c ayn d ornia ax 71 a, Calif00 • F 14 analyzing the Debtor's books and records to compile the information necessary to s0 15 prepare the Debtor's schedules and statement of financial affairs to facilitate the proper e1 M5- a 4 ost4 4 16 administration of the estate. By this Motion, the Trustee is requesting an order C1 7 el 17 authorizing the Trustee to prepare and file the Debtor's schedules and statement of T 18 financial affairs. The Trustee estimates that it will take approximately six months to 19 complete the task although her goal is to complete them sooner. 20 21 II. FACTUAL BACKGROUND 22 A. The Debtor's Involuntary Bankruptcy Case 23 The Debtor is a plaintiff's law firm based in Los Angeles, California. On 24 December 18, 2020, petitioning creditors Jill O'Callahan, as successor in interest to 25 James O'Callahan, Robert M. Keese, John Abassian, Erika Saldana, Virginia Antonio, 26 and Kimberly Archie (collectively, the "Petitioning Creditors") filed an involuntary 27 chapter 7 bankruptcy petition against the Debtor. A status conference on the involuntary

2

1 On December 24, 2020, the Petitioning Creditors filed a Motion for Appointment o 2 Interim Trustee Pursuant to 11 U.S.C. § 303(g) [Docket No. 12]. The Court entered an 3 order granting the motion on January 5, 2021 [Docket No. 45]. On January 6, 2021, the 4 Trustee was appointed as the interim trustee [Docket No. 50]. 5 On January 13, 2021, the Court entered an Order Directing: (1) The Clerk of Cour6 to Immediately Enter an Order for Relief under Chapter 7; (2) The United States Trustee 7 to Immediately Appoint a Chapter 7 Trustee; (3) The Debtor to File All Schedules and 8 Related Documentation for Chapter 7 Case within Fourteen Days of the Entry of this 9 Order; and (4) Vacating February 16, 2021 Status Conference [Docket No. 68]. On 10 January 13, 2021, the Clerk of Court entered an order for relief against the Debtor 11 [Docket No. 69] ("Order for Relief"), and the Trustee was appointed and accepted her 2 0 0 92626 4 445-1 1123 appoinTtmheen Ot rind ethr efo Dr eRbetloier'fs r ecaqsueir e[Dd othceke Dt eNbot.o 7r 1to]. (a) file a list containing the name and ornia ax 71 a, Calif00 • F 14 address of each entity included on Schedule D, E/F, G, and H within seven days after s0 15 entry of the Order for Relief, or January 20, 2021, and (b) file its schedules and statemene1 M5- a 4 ost4 4 16 of financial affairs within 14 days after entry of the Order for Relief, or January 27, 2021. C1 7 el 17 The Debtor did neither. T 18 19 III. REVIEWING THE DEBTOR'S BOOKS AND RECORDS 20 The Trustee and her counsel and financial advisor have been reviewing, 21 investigating, and analyzing the Debtor's practice and the state of its financial and 22 business affairs. The Debtor likely has numerous secured and unsecured creditors and 23 the Trustee is aware that the Debtor is the subject of various pending litigation. The 24 Debtor also has a significant case load, which comprises most of the Debtor's assets. 25 These cases are at varying stages and include some that have been resolved and some 26 that have been terminated. 27 The Trustee has been working to sort through all of the data to gather the details

3

1 given the number of cases in the Debtor's inventory, the state of the Debtor's record 2 keeping, the lack of any personnel at the Debtor that is knowledgeable and familiar with 3 the Debtor's assets, liabilities and financial affairs, and the difficulty of accurately 4 ascertaining the Debtor's assets and liabilities from the records, the task of compiling the5 information to prepare the Debtor's schedules and statement of financial affairs will be 6 labor intensive and time consuming. The Trustee believes she can complete her review 7 and prepare the Debtor's schedules within approximately six months from the date of 8 entry of an order granting this Motion. 9 10 IV. MEMORANDUM OF POINTS AND AUTHORITIES 11 A. The Court May Extend the Deadline to File Schedules for Cause 2 0 0 92626 4 445-1 1123 1007(cI)n r eaqnu iinrevso ltuhnatta trhy ec aDseeb, toFre dfileer aslc Rheudleu loefs B aanndk rsutapttecym Penrot coef dfiunraen (c"iBaal anfkfrauirpst cnyo R lautleer" ornia ax 71 a, Calif00 • F 14 than fourteen days after entry of the Order for Relief. The Order for Relief required the s0 15 Debtor to file its schedules by January 27, 2021. The Debtor did not so do. Bankruptcy e1 M5- a 4 ost4 4 16 Rule 1007(c) also contemplates that the deadline may be extended and provides that C1 7 el 17 "any extension of time to file schedules, statements, and other documents required undeT 18 this rule may be granted only on motion for cause shown." 19 Cause exists to extend the deadline, because the Debtor has not filed schedules 20 and the Trustee must prepare and file the documents in its stead. The Trustee needs 21 time to complete her examination and analysis of the Debtor's books and records in orde22 to compile the information necessary to prepare the Debtor's schedules and statement o23 financial for the Estate. 24 B. The Trustee May Prepare the Debtor's Schedules 25 The Court may authorize the Trustee to prepare the Debtor's schedules and 26 statement of financial affairs. Federal Rule of Bankruptcy Procedure 1007(k) provides: 27 If a list, schedules, or statement, other than a statement of intention, is not prepared and filed as required by this rule, the

4

1 or other party to prepare and file any of these papers within a time fixed by the court. The court may approve 2 reimbursement of the cost incurred in complying with such an order as an administrative expense. 3 4 Since the Debtor has not filed its schedules, by this Motion, the Trustee is seeking5 authority to prepare the Debtor's schedules and statement of affairs after concluding her 6 examination of the Debtor's books and records and any other available information in 7 order to properly administer the estate. The Trustee estimates that the undertaking can 8 be completed within six months from the date of an order granting this Motion. 9 10 V. CONCLUSION 11 For the foregoing reasons, the Trustee respectfully requests that the Court enter 2 0 0 92626 4 445-1 1123 an orde1r.: Granting the Motion; ornia ax 71 a, Calif00 • F 14 2. Extending the deadline to file schedules and statement of affairs to six s0 15 months from the date of the order granting the Motion is entered; e1 M5- a 4 ost4 4 16 3. Authorizing the Trustee to prepare the Debtor's schedules and statement oC1 7 el 17 financial affairs; and T 18 4. For such other relief as the Court deems just and proper. 19 DATED: February 5, 2021 Respectfully submitted, 20 SMILEY WANG-EKVALL, LLP 21 22 By: /s/ Lei Lei Wang Ekvall 23 LEI LEI WANG EKVALL Attorneys for Elissa D. Miller, Chapter 7 24 Trustee 25 26 27

5

1 DECLARATION OF ELISSA D. MILLER 2 3 1. I am the duly appointed Chapter 7 Trustee in the bankruptcy case of Girard 4 Keese. I know each of the following facts to be true of my own personal knowledge, 5 except as otherwise stated and, if called as a witness, I could and would competently 6 testify with respect thereto. I am also a partner at the law firm SulmeyerKupetz. I make 7 this declaration in support of the Motion for Order (1) Extending and/or Establishing 8 Deadline to File Schedules and Statement of Financial Affairs; and (2) Authorizing 9 Chapter 7 Trustee to Prepare and File Schedules and Statement of Financial Affairs 10 Pursuant to Federal Rule of Bankruptcy Procedure 1007(k) (the "Motion"). Unless 11 otherwise defined in this declaration, all terms defined in the Motion are incorporated 2 0 0 92626 4 445-1 1123 herein 2b.y this Trehfee rOerndceer. for Relief entered on January 13, 2021, required the Debtor to ornia ax 71 a, Calif00 • F 14 (a) file a list containing the name and address of each entity included on Schedule D, s0 15 E/F, G, and H within seven days after entry of the Order for Relief, or January 20, 2021, e1 M5- a 4 ost4 4 16 and (b) file its schedules and statement of financial affairs within 14 days after entry of C1 7 el 17 the Order for Relief, or January 27, 2021. The Debtor did neither. T 18 3. My attorneys, financial advisor and I have been reviewing, investigating, 19 and analyzing the Debtor's practice and the state of its financial and business affairs. 20 The Debtor likely has numerous secured and unsecured creditors and I am aware that 21 the Debtor is the subject of various pending litigation. The Debtor also has a significant 22 case load, which comprises most of the Debtor's assets. These cases are at varying 23 stages and include some that have been resolved and some that have been terminated. 24 4. I have been working to sort through all of the data to gather the details of 25 the Debtor's business and financial affairs. This review process is continuing, but given 26 the number of cases in the Debtor's inventory, the state of the Debtor's record keeping, 27 the lack of any personnel at the Debtor that is knowledgeable and familiar with the

6

1 the Debtor's assets and liabilities from the records, the task of compiling the information 2 to prepare the Debtor's schedules and statement of financial affairs will be labor intensiv3 and time consuming. I believe can complete my review and prepare the Debtor's 4 schedules within approximately six months from the date of entry of an order granting thi 5 Motion, although my goal is to complete them sooner. 6 I declare under penalty of perjury under the laws of the United States of America 7 that the foregoing is true and correct. 8 Executed on this 4th day of February, 2021, at Los Angeles, California. 9 10 11 2 0 0 92626 4 445-1 1123 Elissa Miller ornia ax 71 a, Calif00 • F 14 s0 15 e1 M5- a 4 ost4 4 16 C1 7 el 17 T 18 19 20 21 22 23 24 25 26 27

7

PROOF OF SERVICE OF DOCUMENT am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is 3200 ark Center Drive, Suite 250, Costa Mesa, CA 92626. true and correct copy of the foregoing document entitled (specify): MOTION FOR ORDER: (1) EXTENDING AND/OR STABLISHING DEADLINE TO FILE SCHEDULES AND STATEMENT OF FINANCIAL AFFAIRS; AND (2) AUTHORIZING HAPTER 7 TRUSTEE TO PREPARE AND FILE SCHEDULES AND STATEMENT OF FINANCIAL AFFAIRS PURSUANT TO EDERAL BANKRUPTCY RULE 1007(k); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ELISSA D. ILLER IN SUPPORT will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005(d); and (b) in the manner stated below: . TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General rders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date) ebruary 5, 2021 I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that e following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated elow:  Service information continued on attached pag . SERVED BY UNITED STATES MAIL: n (date) February 5, 2021 , I served the following persons and/or entities at the last known addresses in this ankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United tates mail, first class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that ailing to the judge will be completed no later than 24 hours after the document is filed. he Honorable Barry Russell .S. Bankruptcy Court oybal Federal Building 55 E. Temple Street, Suite 1660 os Angeles, CA 90012  Service information continued on attached pag . SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL (state method r each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on (date) , I servee following persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing tuch service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration at personal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is led.  Service information continued on attached pag declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. February 5, 2021 Gabriela Gomez-Cruz /s/ Gabriela Gomez-Cruz Date Printed Name Signature

8

ADDITIONAL SERVICE INFORMATION (if needed): . SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”)  Kyra E Andrassy kandrassy@swelawfirm.com, lgarrett@swelawfirm.com;gcruz@swelawfirm.com;jchung@swelawfirm.com  Rafey Balabanian , docket@edelson.com  Richard D Buckley richard.buckley@arentfox.com  Marie E Christiansen mchristiansen@vedderprice.com, ecfladocket@vedderprice.com,marie-christiansen-4166@ecf.pacerpro.com  Jennifer Witherell Crastz jcrastz@hrhlaw.com  Ashleigh A Danker Ashleigh.danker@dinsmore.com, SDCMLFiles@DINSMORE.COM;Katrice.ortiz@dinsmore.com  Clifford S Davidson csdavidson@swlaw.com, jlanglois@swlaw.com;cliff-davidson-7586@ecf.pacerpro.com  Lei Lei Wang Ekvall lekvall@swelawfirm.com, lgarrett@swelawfirm.com;gcruz@swelawfirm.com;jchung@swelawfirm.com  Richard W Esterkin richard.esterkin@morganlewis.com  Timothy W Evanston tevanston@swelawfirm.com, gcruz@swelawfirm.com;lgarrett@swelawfirm.com;jchung@swelawfirm.com  Eric D Goldberg eric.goldberg@dlapiper.com, eric-goldberg-1103@ecf.pacerpro.com  Andrew Goodman agoodman@andyglaw.com, Goodman.AndrewR102467@notify.bestcase.com  Suzanne C Grandt suzanne.grandt@calbar.ca.gov, joan.randolph@calbar.ca.gov  Steven T Gubner sgubner@bg.law, ecf@bg.law  Marshall J Hogan mhogan@swlaw.com, knestuk@swlaw.com  Razmig Izakelian razmigizakelian@quinnemanuel.com  Lewis R Landau Lew@Landaunet.com  Daniel A Lev dlev@sulmeyerlaw.com, ccaldwell@sulmeyerlaw.com;dlev@ecf.inforuptcy.com  Peter J Mastan peter.mastan@dinsmore.com, SDCMLFiles@dinsmore.com;Katrice.ortiz@dinsmore.com  Edith R Matthai ematthai@romalaw.com  Kenneth Miller kmiller@pmcos.com, efilings@pmcos.com  Elissa Miller (TR) CA71@ecfcbis.com, MillerTrustee@Sulmeyerlaw.com;C124@ecfcbis.com;ccaldwell@sulmeyerlaw.com  Eric A Mitnick MitnickLaw@aol.com, mitnicklaw@gmail.com  Scott H Olson solson@vedderprice.com, scott-olson- 2161@ecf.pacerpro.com,ecfsfdocket@vedderprice.com,nortega@vedderprice.com  Leonard Pena lpena@penalaw.com, penasomaecf@gmail.com;penalr72746@notify.bestcase.com  Michael J Quinn mquinn@vedderprice.com, ecfladocket@vedderprice.com,michael-quinn-2870@ecf.pacerpro.com  Ronald N Richards ron@ronaldrichards.com, morani@ronaldrichards.com,justin@ronaldrichards.com  Philip E Strok pstrok@swelawfirm.com, gcruz@swelawfirm.com;1garrett@swelawfirm.com;jchung@swelawfirm.com  Boris Treyzon jfinnerty@actslaw.com, sgonzales@actslaw.com  United States Trustee (LA) ustpregion16.la.ecf@usdoj.gov  Eric D Winston ericwinston@quinnemanuel.com  Christopher K.S. Wong christopher.wong@arentfox.com, yvonne.li@arentfox.com  Timothy J Yoo tjy@lnbyb.com

9