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Full title: Motion to Extend Time / Motion for Order Extending Time to Assume or Reject Executory Contracts or Unexpired Leases Pursuant to 11 U.S.C. §365(d)(1); Memorandum of Points and Authorities; Declaration of Elissa D. Miller in Support with Proof of Service Filed by Trustee Elissa Miller (TR) (Strok, Philip) (Entered: 02/19/2021)

Document posted on Feb 18, 2021 in the bankruptcy, 9 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

2 Girardi Keese (the "Debtor") was once a thriving plaintiff's law firm based in Los 3 Angeles, California, practicing in the areas of personal injury, defective products, sexual 4 abuse, toxic torts, business law, employment law, and aviation law.In the Motion to File Schedules, the Trustee explained that the condition of the 21 Debtor's books and records was such that the process of gathering information and 22 competently preparing the schedules would be labor intensive and time consuming, and 23 the Trustee requested a six-month extension from the entry of an order granting the 24 Motion to File Schedules within which to complete her review and develop the schedules25 C. MEMORANDUM OF POINTS AND AUTHORITIES 7 11 U.S.C. § 365(d)(1) requires the Trustee to assume or reject an executory 8 contract or unexpired lease of residential real property or of personal property within 60 9 days after the Order for Relief.Accordingly, the Trustee requests an extension of time to assume or reject 24 executory contracts or unexpired leases of residential real property or of personal 25 property which is similar to the request in the Trustee's Motion to File Schedules. true and correct copy of the foregoing document entitled (specify): MOTION FOR ORDER EXTENDING TIME TO SSUME OR REJECT EXECUTORY CONTRACTS OR UNEXPIRED LEASES PURSUANT TO 11 U.S.C. § 365(d)(1); EMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ELISSA D. MILLER IN SUPPORT will be server was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner stated elow: .

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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 IGnI RreA RDI KEESE, CCahsaep tNero 7. 2:20-bk-21022-BR ornia ax 71 a, Calif00 • F 14 MOTION FOR ORDER EXTENDING s0 15 TIME TO ASSUME OR REJECT e1 M5- EXECUTORY CONTRACTS OR a 4 ost4 4 16 UNEXPIRED LEASES PURSUANT TO C71 11 U.S.C. § 365(d)(1); MEMORANDUM el 17 OF POINTS AND AUTHORITIES; T DECLARATION OF ELISSA D. MILLER 18 IN SUPPORT Debtor. 19 [No Hearing Required Pursuant to Local Bankruptcy Rule 9013-1(o)] 20 21 22 TO THE HONORABLE BARRY RUSSELL, UNITED STATES BANKRUPTCY JUDGE: 23 Elissa D. Miller, the chapter 7 trustee (the "Trustee") of the bankruptcy estate of 24 Girardi Keese (the "Estate"), submits this Motion for Order Extending Time to Assume or25 Reject Executory Contracts or Unexpired Leases Pursuant to 11 U.S.C. § 365(d)(1) (the 26 "Motion"). In support of the Motion, the Trustee submits the following memorandum of 27 points and authorities and the attached Declaration of Elissa D. Miller.

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1 I. INTRODUCTION 2 Girardi Keese (the "Debtor") was once a thriving plaintiff's law firm based in Los 3 Angeles, California, practicing in the areas of personal injury, defective products, sexual 4 abuse, toxic torts, business law, employment law, and aviation law. Recent events led t5 commencement of involuntary petitions against both the Debtor and Mr. Girardi, its 6 founding partner. At that time, the Debtor's operations were greatly diminished, with mo7 of the attorneys and staff having resigned or moved on from the Debtor. 8 The Debtor has not filed schedules as required by Federal Rule of Bankruptcy 9 Procedure 1007, and the Trustee earlier this month filed a motion requesting authority to10 file the schedules on the Debtor's behalf and for an extension of time to do so. The 11 Trustee requested additional time to review the Debtor's books and records before 2 0 0 92626 4 445-1 1123 prepariBnyg tthhies sMcohteiodnu,l eths ea Tndru ssttaetee mis ernetq oufe fsintinagn caianl eaxfftaeinrss.i on of time to assume or reject ornia ax 71 a, Calif00 • F 14 executory contracts or unexpired leases of residential real property or of personal s0 15 property so that she may have more time to gather information relevant to the Debtor's e1 M5- a 4 ost4 4 16 business activities to determine whether any executory contracts or unexpired leases C1 7 el 17 exist that require assumption or rejection. The Trustee believes that an extension of timT 18 that is consistent with the Trustee's request to extend the time to file the Debtor's 19 schedules is appropriate given the similar constraints. 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.

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1 On December 24, 2020, the Petitioning Creditors filed a Motion for Appointment o2 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 appoinBtm. ent iTn hthee T Druesbtteoer''ss cMasoeti o[Dno fcokre At Nutoh. o7r1it].y to File Schedules and for An ornia ax 71 a, Calif00 • F 14 Extension of Time To Do So s0 15 On February 5, 2021, the Trustee filed the Motion for Order: (1) Extending and/or e1 M5- a 4 ost4 4 16 Establishing Deadline to File Schedules and Statement of Financial Affairs; and C1 7 el 17 (2) Authorizing Chapter 7 Trustee to Prepare and File Schedules and Statement of T 18 Financial Affairs Pursuant to Federal Rule of Bankruptcy Procedure 1007(k) [Docket 19 No. 164 ("Motion to File Schedules"). The motion is still pending. 20 In the Motion to File Schedules, the Trustee explained that the condition of the 21 Debtor's books and records was such that the process of gathering information and 22 competently preparing the schedules would be labor intensive and time consuming, and 23 the Trustee requested a six-month extension from the entry of an order granting the 24 Motion to File Schedules within which to complete her review and develop the schedules25 C. The Trustee's Ongoing Review of the Debtor's Books and Records 26 As indicated previously, the Trustee has been working to sort through all of the 27 data to gather the details of the Debtor's business and financial affairs. The review

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1 difficult and time consuming. The deadline to assume or reject executory contracts or 2 unexpired leases set by 11 U.S.C. § 365(d)(1) is 60 days after the order for relief or, in 3 this case, by March 14, 2021, and it will be near impossible to accurately ascertain what 4 executory contracts or unexpired leases exist until the review process is completed. 5 6 III. MEMORANDUM OF POINTS AND AUTHORITIES 7 11 U.S.C. § 365(d)(1) requires the Trustee to assume or reject an executory 8 contract or unexpired lease of residential real property or of personal property within 60 9 days after the Order for Relief. 11 U.S.C. § 365(d)(1) provides: 10 In a case under chapter 7 of this title, if the trustee does not assume or reject an executory contract or unexpired lease of 11 residential real property or of personal property of the debtor 2 within 60 days after the order for relief, or within such 0 0 92626 4 445-1 1123 apdedrioitido,n faixl etism, eth aesn tshuec hco cuornt,t rfoarc tc oars ele, awsieth iisn dseuecmh e6d0 -rdeajeyc ted. ornia ax 71 a, Calif00 • F 14 Although, the Trustee has been working to sort through all of the data to gather ths0 15 details of the Debtor's business and financial affairs, the Trustee cannot complete the e1 M5- a 4 ost4 4 16 review within the time allotted by Section 365(d)(1). The Trustee believes that before shC1 7 el 17 can move to assume or reject any executory contracts or unexpired leases, she must T 18 have a better understanding of the Debtor's financial affairs. The review process is 19 continuing, but it is time consuming and labor intensive. The Trustee believes that she 20 cannot determine with confidence if there are executory contracts or unexpired leases 21 that require assumption or rejection until after she completes her investigation, which is 22 well beyond the deadline set by 11 U.S.C. § 365(d)(1). 23 Accordingly, the Trustee requests an extension of time to assume or reject 24 executory contracts or unexpired leases of residential real property or of personal 25 property which is similar to the request in the Trustee's Motion to File Schedules. That 26 motion requests an extension of time which is six months from the date of entry of an 27 order granting the motion, and the Trustee believes that an extension to assume or rejec

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1 any executory contracts or unexpired leases that is consistent with that extension is 2 appropriate. 3 4 IV. CONCLUSION 5 For the foregoing reasons, the Trustee respectfully requests that the Court enter6 an order: 7 1. Granting the Motion; 8 2. Extending the deadline to assume or reject executory contracts or9 unexpired leases of residential real property or of personal property to six months from 10 the date the order granting the Motion is entered; and 11 3. For such other relief as the Court deems just and proper. 2 0 0 92626 4 445-1 1123 DATED: February __, 2021 Respectfully submitted, ornia ax 71 19 a, Calif00 • F 14 SMILEY WANG-EKVALL, LLP s0 15 e1 M5- a 4 ost4 4 16 C1 By: 7 el 17 PHILIP E. STROK T Attorneys for Elissa D. Miller, Chapter 7 18 Trustee 19 20 21 22 23 24 25 26 27

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1 DECLARATION OF ELISSA D. MILLER 2 3 I, Elissa D. Miller, declare: 4 1. I am the duly appointed Chapter 7 Trustee in the bankruptcy case of Girard5 Keese. I know each of the following facts to be true of my own personal knowledge, 6 except as otherwise stated and, if called as a witness, I could and would competently 7 testify with respect thereto. I am also a partner at the law firm SulmeyerKupetz. I make 8 this declaration in support of the Motion for Order Extending Time to Assume or Reject 9 Executory Contracts or Unexpired Leases Pursuant to 11 U.S.C. § 365(d)(1) (the 10 "Motion"). Unless otherwise defined in this declaration, all terms defined in the Motion 11 are incorporated herein by this reference. 2 0 0 92626 4 445-1 1123 Establi2sh. ing DOena dFleinber utoa rFyi l5e, S2c0h2e1d, uI lceasu asnedd Sthtea tMemoteionnt ofof rF Oinradnecri:a (l1 A) fEfaxitresn; danindg (a2n) d/or ornia ax 71 a, Calif00 • F 14 Authorizing Chapter 7 Trustee to Prepare and File Schedules and Statement of Financials0 15 Affairs Pursuant to Federal Rule of Bankruptcy Procedure 1007(k) [Docket No. 164] to be1 M5- a 4 ost4 4 16 filed with the Court ("Motion to File Schedules"). The motion is still pending. C1 7 el 17 3. In the Motion to File Schedules, I explained that the condition of the T 18 Debtor's books and records was such that the process of gathering information and 19 preparing the schedules would be labor intensive and time consuming, and I requested a20 six-month extension from the entry of an order granting the Motion to File Schedules 21 within which to complete the review and develop the schedules. 22 4. My attorneys, financial advisor and I have been working to sort through all 23 of the data to gather the details of the Debtor's business and financial affairs. The revie24 process is continuing, but the task of compiling the information from existing records is 25 difficult and time consuming. The deadline to assume or reject executory contracts or 26 unexpired leases set by 11 U.S.C. § 365(d)(1) is 60 days after the order for relief or, in 27 this case, by March 14, 2021, and it will be near impossible to accurately ascertain what

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1 believe I can complete my review of the Debtor's books and records within approximatel2 six months from the date of entry of an order granting this Motion. 3 I declare under penalty of perjury under the laws of the United States of America 4 that the foregoing is true and correct. 5 Executed on this _19___ day of February, 2021, at Los Angels, California. 6 7 ELISSA D. MILLER 8 9 10 11 2 0 0 92626 4 445-1 1123 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

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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 EXTENDING TIME TO SSUME OR REJECT EXECUTORY CONTRACTS OR UNEXPIRED LEASES PURSUANT TO 11 U.S.C. § 365(d)(1); EMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ELISSA D. MILLER IN SUPPORT will be server was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner stated elow: . 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 19, 2021 I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined thate 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 19, 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 served the llowing persons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to uch 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 19, 2021 Gabriela Gomez-Cruz /s/ Gabriela Gomez-Cruz Date Printed Name Signature

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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  Michelle Balady mb@bedfordlg.com, leo@bedfordlg.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  James J Finsten , jimfinsten@hotmail.com  Alan W Forsley alan.forsley@flpllp.com, awf@fkllawfirm.com,awf@fl-lawyers.net,addy.flores@flpllp.com,laura.rucker@flpllp.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

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