HTML Document View

Full title: Stipulation By Elissa Miller (TR) and by and through her Attorneys, Smiley Wang-Ekvall, LLP, The Cochran Firm- California, Yrjo Timonen, and Kirsi Piha-Timonen, and Alexander & Associates, P.C. to Authorize Payment of Client's Settlement Funds and Fees and Expenses to be Disbursed to the Estate and Co-Counsel with Proof of Service Filed by Trustee Elissa Miller (TR) (Ekvall, Lei Lei) (Entered: 02/26/2021)

Document posted on Feb 25, 2021 in the bankruptcy, 8 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Elissa D. Miller, the chapter 7 trustee of the bankruptcy estate of Girardi Keese 21 (the "Trustee"), by and through her attorneys, Smiley Wang-Ekvall, LLP, The Cochran 22 Firm - California ("Cochran"), Yrjö Timonen and Kirsi Piha-Timonen (collectively, the 23 "Client"), and Mary Alexander & Associates, P.C. ("Alexander"), enter into this Stipulatio24In order to avoid any reluctance on the part of Alexander to remit the 8 Settlement Proceeds to the Trustee, the parties have entered into this Stipulation setting 9 out the costs to be deducted from the Settlement Proceeds and the allocation of the 10 contingency fee between Cochran and the Debtor, with the balance of the Settlement 11 Proceeds being remitted to the Client.The Trustee will disburse the First Installment as follows: T 18 (a) $157,703.92 in costs to the Trustee, on behalf of the Estate; 19 (b) $281,250.00 to Cochran as its allocation of the contingency fee from20 the First Installment; 21 (c) $281,250.00 to Trustee, on behalf of the Estate, as the Debtor's 22 allocation of the contingency fee from the First Installment; 23 (d) The Trustee will disburse the Final Installment as follows: 27 (a) $65,625.00 to Cochran as its allocation of the contingency fee from 1 (b) $65,625.00 to the Trustee, on behalf of the Estate, as the Debtor's2 allocation of the contingency fee from the Final Installment; and 3 (c)Ng, Alexander is authorized and directed to remit those payments to the Trustee, who wi6 allocate the agreed-upon contingency fee equally between Cochran and the Trustee, wit7 the balance to be remitted to the Client.

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 SPATIYPMUELNATT IOOFN CALUITEHNOT'RSI ZSIENTGT LEMENT s0 15 FUNDS AND FEES AND EXPENSES TO e1 M5- BE DISBURSED TO THE ESTATE AND a 4 ost4 4 16 TO CO-COUNSEL C71 Debtor. el 17 [No Hearing Required] T 18 19 TO THE HONORABLE BARRY RUSSELL, UNITED STATES BANKRUPTCY JUDGE20 Elissa D. Miller, the chapter 7 trustee of the bankruptcy estate of Girardi Keese 21 (the "Trustee"), by and through her attorneys, Smiley Wang-Ekvall, LLP, The Cochran 22 Firm - California ("Cochran"), Yrjö Timonen and Kirsi Piha-Timonen (collectively, the 23 "Client"), and Mary Alexander & Associates, P.C. ("Alexander"), enter into this Stipulatio24 Authorizing Payment of Client's Settlement Funds and Fees and Expenses to be 25 Disbursed to the Estate and Co-Counsel (the "Stipulation") as follows: 26 RECITALS 27 A. On December 18, 2020 (the "Petition Date"), an involuntary chapter 7

1

1 of the involuntary petition, Debtor was counsel of record in a significant number of 2 matters which were undertaken on a contingency basis. 3 B. The petitioning creditors moved for the appointment of an interim trustee 4 which was granted by the Court by order entered January 5, 2021. The Trustee was 5 appointed as the interim chapter 7 trustee of the bankruptcy estate of Girardi Keese (the 6 "Estate") on January 6, 2021. The order for relief was entered January 13, 2021 and, th7 same date, the Trustee was reappointed and has been serving in that capacity since. 8 C. Prior to the petition date, Debtor and Cochran were retained by the Client 9 and commenced an action against various defendants in connection with a fire at a 10 building known Ghost Ship (the "Litigation"). The Litigation was recently resolved 11 pursuant to a confidential settlement agreement. 2 0 0 92626 4 445-1 1123 provideDd. that TChoec hreratenn atinodn tahger eDeembetonrt wboeutwlde erenc tehivee D ae bpteorrc,e Cnotacghera onf athned ttohtea lC relieconvt ery ornia ax 71 a, Calif00 • F 14 from their representation of the Client, plus costs. s0 15 E. Alexander is currently holding the first settlement payment due to the Cliente1 M5- a 4 ost4 4 16 inclusive of fees and costs due to the Debtor and Cochran, in its trust account (the "First C1 7 el 17 Settlement Payment"). A final settlement payment, inclusive of fees and costs due to thT 18 Debtor and Cochran, is due to be paid by the defendants on or before August 31, 2021 19 (the "Final Settlement Payment"). The First Settlement Payment and the Final 20 Settlement Payment are sometimes collectively referred to as the "Settlement Proceeds. 21 F. In addition to the Settlement Proceeds which are either already in 22 Alexander's possession or which are anticipated on or before August 31, 2021, additiona23 settlement proceeds may be forthcoming from Chor Ng, one of the defendants. The 24 amount and timing of those payments are uncertain. 25 G. Based on the First Settlement Payment currently held by Alexander, the 26 Debtor and Cochran are entitled to share a $562,500.00 contingency fee equally, or 27 $281,250.00 each.

2

1 H. Cochran has no reimbursable costs. The Debtor incurred $352,924.26 in 2 total costs, of which $157,703.92 is allocated to the Client based on the Client's 3 settlement amount relative to the settlement amounts to be received by other plaintiffs 4 represented by the Debtor. The Final Settlement Payment, which is due on or before 5 August 31, 2021, will entitle the Debtor and Cochran to share an additional contingency 6 fee of $131,250.00 equally, or $65,625.00 each. 7 I. In order to avoid any reluctance on the part of Alexander to remit the 8 Settlement Proceeds to the Trustee, the parties have entered into this Stipulation setting 9 out the costs to be deducted from the Settlement Proceeds and the allocation of the 10 contingency fee between Cochran and the Debtor, with the balance of the Settlement 11 Proceeds being remitted to the Client. 2 0 0 92626 4 445-1 1123 STIPULATION ornia ax 71 a, Calif00 • F 14 In light of the foregoing, the parties stipulate as follows: s0 15 1. Alexander is authorized and directed to remit the First Installment to the e1 M5- a 4 ost4 4 16 Trustee; C1 7 el 17 2. The Trustee will disburse the First Installment as follows: T 18 (a) $157,703.92 in costs to the Trustee, on behalf of the Estate; 19 (b) $281,250.00 to Cochran as its allocation of the contingency fee from20 the First Installment; 21 (c) $281,250.00 to Trustee, on behalf of the Estate, as the Debtor's 22 allocation of the contingency fee from the First Installment; 23 (d) The balance to the Client. 24 3. Upon receipt of the Final Installment, Alexander is authorized and directed 25 to remit the proceeds to the Trustee; 26 4. The Trustee will disburse the Final Installment as follows: 27 (a) $65,625.00 to Cochran as its allocation of the contingency fee from

3

1 (b) $65,625.00 to the Trustee, on behalf of the Estate, as the Debtor's2 allocation of the contingency fee from the Final Installment; and 3 (c) The balance to the Client. 4 5. To the extent Alexander receives additional settlement payments from Cho 5 Ng, Alexander is authorized and directed to remit those payments to the Trustee, who wi6 allocate the agreed-upon contingency fee equally between Cochran and the Trustee, wit7 the balance to be remitted to the Client. 8 IT IS SO STIPULATED. 9 DATED: February _2_4, 2021 SMILEY WANG-EKVALL, LLP 10 By: /s/ Lei Lei Wang Ekvall LEI LEI WANG EKVALL 11 2 Attorneys for Elissa D. Miller, Chapter 7 0 0 ornia 92626 ax 714 445-1 1123 DATED: February _2_3_, 2021 THE TCrOusCtHeeR AN FIRM - CALIFORNIA sa, Calif000 • F 1145 By: MARCELIS E. MORRIS e1 M5- a 4 ost4 4 16 C71 DATED: February __, 2021 ALEXANDER & ASSOCIATES, P.C. el 17 T By: 18 MARY E. ALEXANDER, MPH, JD 19 20 21 DATED: February __, 2021 YRJÖ TIMONEN 22 23 24 DATED: February __, 2021 25 KIRSI PIHA-TIMONEN 26 27

4

24

5

24

6

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): STIPULATION AUTHORIZING PAYMENT OF CLIENT'S ETTLEMENT FUNDS AND FEES AND EXPENSES TO BE DISBURSED TO THE ESTATE AND TO CO-COUNSEL will be servedr 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 26, 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 26, 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 26, 2021 Gabriela Gomez-Cruz /s/ Gabriela Gomez-Cruz Date Printed Name Signature

7

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

8