Kenneth Bruce Tishgart v. Timothy W. Hoffman

MEMORANDUM

Debtors Kenneth and Lori Tishgart (“Debtors”) appeal the judgment of the Bankruptcy Court awarding $69,837.90 to the bankruptcy Trustee as the bankruptcy estate’s interest in contingency fees received by Tishgart from his law practice.

1. The bankruptcy court did not abuse its discretion in denying Debtors’ motion to withdraw their deemed admissions. Debtors have not supplied a transcript of the hearing at which the court gave its ' reasons for denying the motion, as was their duty on appeal. Fed. R. Bankr.P. 8009(a)(1),(4); 9th Cir. B.A.P. R. 8009-1. Without “transcripts necessary for adequate review,” summary affirmance is appropriate. 9th Cir. B.A.P. R. 8009-1; In re Morrissey, 349 F.3d 1187, 1190-91 (9th Cir.2003). Moreover, the court did not rely on the admissions in concluding that Tishgart completed about half the work on the relevant cases post-petition, so any error in denying relief from the admissions was harmless.

2. The bankruptcy court did not legally err or otherwise abuse its discretion in awarding roughly half the contingency fees to the Trustee. The reasonable value of services provided as of the time the bank ruptcy petition was filed is a quantum…