HTML Document View

Full title: Declaration re: of Elissa D. Miller, Chapter 7 Trustee, in Support of Stipulation Authorizing the Release of Disputed Costs to Clients with Proof of Service Filed by Trustee Elissa Miller (TR) (RE: related document(s)340 Stipulation By Elissa Miller (TR) and Gabriel and Maria Abikzer by and through their attorneys to Authorize the Release of Disputed Costs to Clients with Proof of Service). (Ekvall, Lei Lei) (Entered: 05/12/2021)

Document posted on May 11, 2021 in the bankruptcy, 4 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

On January 1, 2021, I entered into a stipulation with the Clients entitled 9 Stipulation Authorizing Settlement Payment to Clients and Payment of Expenses to the 10 Estate [Docket No. 116] (the "Distribution Stipulation"), which set forth the allocation of 11 the installment payments between the Clients and the Debtor. true and correct copy of the foregoing document entitled (specify): DECLARATION OF ELISSA D. MILLER, CHAPTER 7 RUSTEE, IN SUPPORT OF STIPULATION AUTHORIZING THE RELEASE OF DISPUTED COSTS TO CLIENTS will be erved or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner tated below: .TOOn (date)ay 12, 2021 I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that thellowing persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below: Service information continued on attached pag .May 12, 2021, I served the following persons and/or entities at the last known addresses in this bankruptcyase or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail,rst class, postage prepaid, and addressed as follows.P. 5 and/or controlling LBR, on (date) ____ , I served the following ersons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to such ervice method), by facsimile transmission and/or email as follows.

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 DCEHCALPATRERA T7I OTNR UOSFT EELEI,S ISNA S DU.P MPOILRLTE RO,F s0 15 STIPULATION AUTHORIZING THE e1 M5- RELEASE OF DISPUTED COSTS TO a 4 ost4 4 16 Debtor. CLIENTS C71 el 17 [No Hearing Required] T 18 19 I, Elissa D. Miller, declare: 20 1. I am the duly appointed Chapter 7 Trustee in the bankruptcy case of Girard21 Keese. I am also a partner at the law firm SulmeyerKupetz, a Professional Corporation. 22 I know each of the following facts to be true of my own personal knowledge, except as 23 otherwise stated and, if called as a witness, I could and would competently testify with 24 respect thereto. I make this declaration in support of the Stipulation Authorizing the 25 Release of Disputed Costs to Clients (the "Stipulation") . Unless otherwise defined in thi26 declaration, all terms defined in the Stipulation are incorporated herein by this reference. 27 2. On December 18, 2020, an involuntary chapter 7 bankruptcy petition was

1

1 was counsel of record in a significant number of matters which were undertaken on a 2 contingency basis. 3 3. The petitioning creditors moved for the appointment of an interim trustee 4 which was granted by the Court by order entered January 5, 2021. I was appointed as 5 the interim chapter 7 trustee on January 6, 2021. The order for relief was entered 6 January 13, 2021 and, on the same date, I was reappointed and have been serving in 7 that capacity since. 8 4. On January 1, 2021, I entered into a stipulation with the Clients entitled 9 Stipulation Authorizing Settlement Payment to Clients and Payment of Expenses to the 10 Estate [Docket No. 116] (the "Distribution Stipulation"), which set forth the allocation of 11 the installment payments between the Clients and the Debtor. The Distribution 2 0 0 92626 4 445-1 1123 Stipula5tio. n waPsu arspuparonvt etod tbhye oDrdisebru ersnetemreedn tJ Santipuualrayt i2o6n,, 2th0e2 1C [liDeonctsk eatn Nd oI .a 1g2re4e].d that I ornia ax 71 a, Calif00 • F 14 would reserve and hold in trust $229,663.00 from the first installment pending resolution s0 15 of a dispute between the Clients and the Debtor regarding the reimbursement of certain e1 M5- a 4 ost4 4 16 costs and advances (the "Disputed Costs"). I am informed that the controversy over the C1 7 el 17 Disputed Costs involves certain loans that were secured by the Debtor from Signal T 18 Funding to fund the litigation (the "Litigation Loan") and that the Debtor and the Clients 19 agreed to share the obligation equally, including interest charges. 20 6. I am advised that the Clients have since repaid the Litigation Loan in full, 21 and the Disputed Costs represent Debtor's share of its obligation on the Litigation Loan 22 and should be reimbursed to the Clients. 23 I declare under penalty of perjury under the laws of the United States of America 24 that the foregoing is true and correct to the best of my knowledge. 25 Executed on this _1_2___ day of May, 2021, at Los Angeles, California. 26 27 ELISSA D. MILLER

2

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): DECLARATION OF ELISSA D. MILLER, CHAPTER 7 RUSTEE, IN SUPPORT OF STIPULATION AUTHORIZING THE RELEASE OF DISPUTED COSTS TO CLIENTS will be erved or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in the manner tated below: .TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling Generalrders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date)ay 12, 2021 I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that thellowing persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below: Service information continued on attached pag . SERVED BY UNITED STATES MAIL: n (date) May 12, 2021, I served the following persons and/or entities at the last known addresses in this bankruptcyase or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United States mail,rst class, postage prepaid, and addressed as follows. Listing the judge here constitutes a declaration that mailing to thedge will be completed no later than 24 hours after the document is filed. The Honorable Barry Russell U.S. Bankruptcy Court Roybal Federal Building 255 E. Temple Street, Suite 1660 Los 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 following ersons and/or entities by personal delivery, overnight mail service, or (for those who consented in writing to such ervice method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that ersonal delivery on, or overnight mail to, the judge will be completed no later than 24 hours after the document is filed. 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. May 12, 2021 Gabriela Gomez-Cruz /s/ Gabriela Gomez-Cruz Date PrintedName Signature

3

ADDITIONAL SERVICE INFORMATION (if needed): . SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”) yra E Andrassy kandrassy@swelawfirm.com, lgarrett@swelawfirm.com;gcruz@swelawfirm.com;jchung@swelawfirm.com afey Balabanian rbalabanian@edelson.com, docket@edelson.com ichelle Balady mb@bedfordlg.com, leo@bedfordlg.com illiam C Beall will@beallandburkhardt.com, carissa@beallandburkhardt.com ri S Blumenfeld Ori@MarguliesFaithLaw.com, elen@MarguliesFaithLaw.com;Angela@MarguliesFaithLaw.com;Vicky@MarguliesFaithLaw.com ichard D Buckley richard.buckley@arentfox.com arie E Christiansen mchristiansen@vedderprice.com, ecfladocket@vedderprice.com,marie-christiansen-166@ecf.pacerpro.com ennifer Witherell Crastz jcrastz@hrhlaw.com shleigh A Danker Ashleigh.danker@dinsmore.com, SDCMLFiles@DINSMORE.COM;Katrice.ortiz@dinsmore.com lifford S Davidson csdavidson@swlaw.com, jlanglois@swlaw.com;cliff-davidson-7586@ecf.pacerpro.com ei Lei Wang Ekvall lekvall@swelawfirm.com, lgarrett@swelawfirm.com;gcruz@swelawfirm.com;jchung@swelawfirm.com ichard W Esterkin richard.esterkin@morganlewis.com imothy W Evanston tevanston@swelawfirm.com, gcruz@swelawfirm.com;lgarrett@swelawfirm.com;jchung@swelawfirm.com eremy Faith Jeremy@MarguliesFaithlaw.com, elen@MarguliesFaithlaw.com;Angela@MarguliesFaithlaw.com;Vicky@MarguliesFaithlaw.com ames J Finsten , jimfinsten@hotmail.com lan W Forsley alan.forsley@flpllp.com, awf@fkllawfirm.com,awf@fl-lawyers.net,addy.flores@flpllp.com ric D Goldberg eric.goldberg@dlapiper.com, eric-goldberg-1103@ecf.pacerpro.com ndrew Goodman agoodman@andyglaw.com, Goodman.AndrewR102467@notify.bestcase.com uzanne C Grandt suzanne.grandt@calbar.ca.gov, joan.randolph@calbar.ca.gov teven T Gubner sgubner@bg.law, ecf@bg.law arshall J Hogan mhogan@swlaw.com, knestuk@swlaw.com heryl K Ith sith@cookseylaw.com, sith@ecf.courtdrive.com azmig Izakelian razmigizakelian@quinnemanuel.com ewis R Landau Lew@Landaunet.com aniel A Lev dlev@sulmeyerlaw.com, ccaldwell@sulmeyerlaw.com;dlev@ecf.inforuptcy.com lizabeth A Lombard elombard@zwickerpc.com, bknotices@zwickerpc.com raig G Margulies Craig@MarguliesFaithlaw.com, icky@MarguliesFaithlaw.com;Helen@MarguliesFaithlaw.com;Angela@MarguliesFaithlaw.com eter J Mastan peter.mastan@dinsmore.com, SDCMLFiles@dinsmore.com;Katrice.ortiz@dinsmore.com dith R. Matthai ematthai@romalaw.com, lrobie@romalaw.com enneth Miller kmiller@pmcos.com, efilings@pmcos.com lissa Miller (TR) CA71@ecfcbis.com, MillerTrustee@Sulmeyerlaw.com;C124@ecfcbis.com;ccaldwell@sulmeyerlaw.com ric A Mitnick MitnickLaw@aol.com, mitnicklaw@gmail.com cott H Olson solson@vedderprice.com, scott-olson- 161@ecf.pacerpro.com,ecfsfdocket@vedderprice.com,nortega@vedderprice.com eonard Pena lpena@penalaw.com, penasomaecf@gmail.com;penalr72746@notify.bestcase.com ichael J Quinn mquinn@vedderprice.com, ecfladocket@vedderprice.com,michael-quinn-2870@ecf.pacerpro.com avid M Reeder david@reederlaw.com, secretary@reederlaw.com onald N Richards ron@ronaldrichards.com, morani@ronaldrichards.com evin C Ronk Kevin@portilloronk.com, Attorneys@portilloronk.com illiam F Savino wsavino@woodsoviatt.com, lherald@woodsoviatt.com enneth John Shaffer johnshaffer@quinnemanuel.com ichard M Steingard , awong@steingardlaw.com hilip E Strok pstrok@swelawfirm.com, gcruz@swelawfirm.com;1garrett@swelawfirm.com;jchung@swelawfirm.com oris Treyzon jfinnerty@actslaw.com, sgonzales@actslaw.com United States Trustee (LA) ustpregion16.la.ecf@usdoj.gov ric D Winston ericwinston@quinnemanuel.com hristopher K.S. Wong christopher.wong@arentfox.com, yvonne.li@arentfox.com imothy J Yoo tjy@lnbyb.com

4