Larson

Zimmerman, Rosenfeld, Gersh & Leeds LLP v. Larson

Good Law
131 Cal. App. 4th 1466·2005 Cal. App. LEXIS 1285·2005 Daily Journal DAR 10013·33 Cal. Rptr. 3d 111·2005 Cal. Daily Op. Serv. 7342
Court of Appeal of CaliforniaAugust 17, 2005B177971California9,962 words

Opinion

Opinion

Curry, J.

Appellant, the law firm of Zimmerman, Rosenfeld, Gersh & Leeds (ZRG&L), brought suit against its former client, respondent Glen Larson, seeking payment of fees incurred in its representation of Larson in a dissolution action. While the dissolution proceedings were pending in family court, Larson sought federal bankruptcy protection and obtained a confirmed plan of reorganization under chapter 11 after ZRG&L’s representation ceased. The trial court granted Larson’s motion for summary judgment in the attorney fees action on the ground that the firm had failed to disclose its agreement or a statement of compensation to the bankruptcy court for approval as required by title 11 United States Code section 1129.

Our review of the record indicates that Larson did not present sufficient evidence to establish ZRG&L was required to comply with section 1129. We affirm nevertheless, because (1) the debt owed to ZRG&L, having arisen prior to the confirmation of the reorganization plan, was extinguished except to the extent it was dealt with in the plan; and (2) ZRG&L did not dispute for purposes of the summary judgment motion that the plan provided for payment to ZRG&L only if…

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