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Full title: Declaration re: of Lei Lei Wang Ekvall in Support of Stipulation Authorizing Payment of Client's Settlement Funds and Fees and Expenses to be Disbursed to the Estate and to Co-Counsel with Proof of Service Filed by Trustee Elissa Miller (TR) (RE: related document(s)222 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 Fund). (Ekvall, Lei Lei) (Entered: 02/26/2021)
Document posted on Feb 25, 2021 in the bankruptcy, 5 pages and 0 tables.
Bankrupt11 Summary (Automatically Generated)
el 17 provided that Cochran and the Debtor would receive a percentage of the total recovery T 18 from their representation of the Client, plus costs.I am advised that Alexander is currently holding the first settlement payme20 due to the Client, inclusive of fees and costs due to the Debtor and Cochran, in its trust 21 account (the "First Settlement Payment").F 14 Settlement Proceeds to the Trustee, the parties have entered into the Stipulation setting s0 15 out the costs to be deducted from the Settlement Proceeds and the allocation of the e1 M5- a 4 ost4 4 16 contingency fee between Cochran and the Debtor, with the balance of the Settlement C1 7 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 .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.
List of Tables
Document Contents1 SMILEY WANG-EKVALL, LLP Lei Lei Wang Ekvall, State Bar No. 163047 2 email@example.com Philip E. Strok, State Bar No. 169296 3 firstname.lastname@example.org Timothy W. Evanston, State Bar No. 319342 4 email@example.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 DEKECVALALLR AINT ISOUNP OPOF RLTE IO LFE I WANG s0 15 STIPULATION AUTHORIZING e1 M5- PAYMENT OF CLIENT'S SETTLEMENT a 4 ost4 4 16 FUNDS AND FEES AND EXPENSES TO C71 Debtor. BE DISBURSED TO THE ESTATE AND el 17 TO CO-COUNSEL T 18 [No Hearing Required] 19 20 I, Lei Lei Wang Ekvall, declare: 21 1. I am a partner with Smiley Wang-Ekvall, LLP, attorneys for Elissa D. Miller,22 Chapter 7 Trustee of the bankruptcy estate of Girardi Keese (the "Trustee"). I am 23 licensed to practice before this Court and the courts of the State of California. I know 24 each of the following facts to be true of my own personal knowledge, except as otherwis25 stated and, if called as a witness, I could and would competently testify with respect 26 thereto. I make this declaration in support of the Stipulation Authorizing Payment of 27 Client's Settlement Funds and Fees and Expenses to be Disbursed to the Estate and to
11 Co-Counsel (the "Stipulation"). Unless otherwise defined in this declaration, all terms 2 defined in the Stipulation are incorporated herein by this reference. 3 2. According to the Court's docket, on December 18, 2020, an involuntary 4 chapter 7 bankruptcy petition was filed against Girardi Keese ("Debtor"). As of the filing 5 of the involuntary petition, Debtor was counsel of record in a significant number of 6 matters which were undertaken on a contingency basis. 7 3. The petitioning creditors moved for the appointment of an interim trustee 8 which was granted by the Court by order entered January 5, 2021. The Trustee was 9 appointed as the interim chapter 7 trustee on January 6, 2021. The order for relief was 10 entered January 13, 2021 and, the same date, the Trustee was reappointed and has 11 been serving in that capacity since. 2 0 0 92626 4 445-1 1123 retaine4d. by thIe a Cmli eandtv aisnedd ctohmatm perinocr etod tahne apcettiiotino na gdaaitnes, tD veabritoour sa dnedf eCnodcahnratsn inw ere ornia ax 71 a, Calif00 • F 14 connection with a fire at a building known as Ghost Ship (the "Litigation"). The Litigation s0 15 was recently resolved pursuant to a confidential settlement agreements. e1 M5- a 4 ost4 4 16 5. The retention agreement between the Debtor, Cochran and the Client C1 7 el 17 provided that Cochran and the Debtor would receive a percentage of the total recovery T 18 from their representation of the Client, plus costs. 19 6. I am advised that Alexander is currently holding the first settlement payme20 due to the Client, inclusive of fees and costs due to the Debtor and Cochran, in its trust 21 account (the "First Settlement Payment"). A final settlement payment, inclusive of fees 22 and costs due to the Debtor and Cochran, is due to be paid by the defendants on or 23 before August 31, 2021 (the "Final Settlement Payment"). The First Settlement Payment24 and the Final Settlement Payment are sometimes collectively referred to as the 25 "Settlement Proceeds." 26 7. I am advised that in addition to the Settlement Proceeds which are either 27 already in Alexander's possession or which are anticipated on or before August 31, 2021
21 additional settlement proceeds may be forthcoming from Chor Ng, one of the defendants 2 The amount and timing of those payments are uncertain. 3 8. Based on the First Settlement Payment currently held by Alexander, the 4 Debtor and Cochran are entitled to share a $562,000.00 contingency fee equally, or 5 $281,250.00 each. 6 9. Cochran has no reimbursable costs. The Debtor incurred $352,924.26 in 7 total costs, of which $157,703.92 is allocated to the Client based on the Client's 8 settlement amount relative to the settlement amounts to be received by other plaintiffs 9 represented by the Debtor. 10 10. The Final Settlement Payment, which is due on or before August 31, 2021,11 will entitle the Debtor and Cochran to share an additional contingency fee of $131,250.02 0 0 92626 4 445-1 1123 equally1, 1o.r $6I5n, 6o2r5d.e0r0 t oe aacvho.i d any reluctance on the part of Alexander to remit the ornia ax 71 a, Calif00 • F 14 Settlement Proceeds to the Trustee, the parties have entered into the Stipulation setting s0 15 out the costs to be deducted from the Settlement Proceeds and the allocation of the e1 M5- a 4 ost4 4 16 contingency fee between Cochran and the Debtor, with the balance of the Settlement C1 7 el 17 Proceeds being remitted to the Client. T 18 12. The Client resides in Europe, and the most expeditious way for the Trustee19 to disburse the Client's share of the Settlement Proceeds would be by wire to an account20 designated by the Client. The order approving the Stipulation requests authority to do so21 under these unique circumstances. 22 I declare under penalty of perjury under the laws of the United States of America 23 that the foregoing is true and correct to the best of my knowledge. 24 Executed on this 26th day of February, 2021, at Costa Mesa, California. 25 /s/ Lei Lei Wang Ekvall 26 LEI LEI WANG EKVALL 27
3PROOF 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): DECLARATION OF LEI LEI WANG EKVALL IN SUPPORT F STIPULATION AUTHORIZING PAYMENT OF CLIENT'S SETTLEMENT FUNDS AND FEES AND EXPENSES TO BE ISBURSED TO THE ESTATE AND TO CO-COUNSEL will be served or was served (a) on the judge in chambers in the form ananner required by LBR 5005-2(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 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
4ADDITIONAL SERVICE INFORMATION (if needed): . SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”) Kyra E Andrassy firstname.lastname@example.org, email@example.com;firstname.lastname@example.org;email@example.com Rafey Balabanian , firstname.lastname@example.org Michelle Balady email@example.com, firstname.lastname@example.org Richard D Buckley email@example.com Marie E Christiansen firstname.lastname@example.org, email@example.com,firstname.lastname@example.org Jennifer Witherell Crastz email@example.com Ashleigh A Danker Ashleigh.firstname.lastname@example.org, SDCMLFiles@DINSMORE.COM;Katrice.email@example.com Clifford S Davidson firstname.lastname@example.org, email@example.com;firstname.lastname@example.org Lei Lei Wang Ekvall email@example.com, firstname.lastname@example.org;email@example.com;firstname.lastname@example.org Richard W Esterkin email@example.com Timothy W Evanston firstname.lastname@example.org, email@example.com;firstname.lastname@example.org;email@example.com James J Finsten , firstname.lastname@example.org Alan W Forsley email@example.com, firstname.lastname@example.org,email@example.com,firstname.lastname@example.org,email@example.com Eric D Goldberg firstname.lastname@example.org, email@example.com Andrew Goodman firstname.lastname@example.org, Goodman.AndrewR102467@notify.bestcase.com Suzanne C Grandt email@example.com, firstname.lastname@example.org Steven T Gubner email@example.com, firstname.lastname@example.org Marshall J Hogan email@example.com, firstname.lastname@example.org Razmig Izakelian email@example.com Lewis R Landau Lew@Landaunet.com Daniel A Lev firstname.lastname@example.org, email@example.com;firstname.lastname@example.org Peter J Mastan email@example.com, SDCMLFiles@dinsmore.com;Katrice.firstname.lastname@example.org Edith R Matthai email@example.com Kenneth Miller firstname.lastname@example.org, email@example.com Elissa Miller (TR) CA71@ecfcbis.com, MillerTrustee@Sulmeyerlaw.com;C124@ecfcbis.com;firstname.lastname@example.org Eric A Mitnick MitnickLaw@aol.com, email@example.com Scott H Olson firstname.lastname@example.org, scott-olson- email@example.com,firstname.lastname@example.org,email@example.com Leonard Pena firstname.lastname@example.org, email@example.com;firstname.lastname@example.org Michael J Quinn email@example.com, firstname.lastname@example.org,email@example.com Ronald N Richards firstname.lastname@example.org, email@example.com,firstname.lastname@example.org Philip E Strok email@example.com, firstname.lastname@example.org;email@example.com;firstname.lastname@example.org Boris Treyzon email@example.com, firstname.lastname@example.org United States Trustee (LA) email@example.com Eric D Winston firstname.lastname@example.org Christopher K.S. Wong email@example.com, firstname.lastname@example.org Timothy J Yoo email@example.com