Rosson

Rosson v. Fitzgerald

Good Law
United States Court of Appeals for the Ninth CircuitSeptember 23, 200806-35724California5,886 words

Opinion

Opinion

BACKGROUND

Rosson filed his voluntary petition for bankruptcy protec- tion under Chapter 13 on August 13, 2004. At that time, Ros- son was involved in an arbitration concerning the breakup of an entity called Bleu, LLC. Over the next nine months, while 13548 IN THE MATTER OF ROSSON attempting to confirm a Chapter 13 plan over objections from creditors and the United States Trustee, Rosson repeatedly assured the bankruptcy court that he would soon be receiving several hundred thousand dollars as the result of the arbitra- tion proceeding, and that the funds would be used to pay his debts under the plan.

On July 1, 2005, Rosson reported to the court that the arbi- trator had awarded him approximately $185,000. On July 6, 2005, the court ordered Rosson to deposit the arbitration funds with the Chapter 13 Trustee. Rosson admits that he did not deposit the funds with the Trustee until early September, at which time he deposited only $104,000.

Meanwhile, on August 11, 2005, Rosson’s attorney, Harris, moved to withdraw as attorney of record, stating that there was a breakdown in communication with his client. A hearing on the motion to withdraw was set for August…

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