Modtech Structures, LLC v. Monteleone & McCrory LLP

MEMORANDUM

Modtech Structures, LLC (MSL) appeals the district court’s order affirming the bankruptcy court’s decision granting Monteleone & McCrory, LLP’s (M & M) Motion for Summary Judgment and denying MSL’s Cross-Motion for Summary Judgment. MSL argues that the bankruptcy court erred in concluding that the amount Modtech Holdings, Inc. (Modtech) owed M & M in attorneys’ fees was secured by a valid and enforceable attorney’s lien. We have jurisdiction pursuant to 28 U.S.C. §§ 158 (d) and 1291, and we affirm.

The bankruptcy court did not err when it determined that M & M provided Modtech with sufficient disclosures under California Rule of Professional Conduct 3-300. Because the terms of the lien were fair, reasonable, and fully disclosed in writing to Modtech in a manner which Mod-tech reasonably should have understood; because M & M advised Modtech in writing that it could seek the advice of independent counsel regarding the terms of the lien and that it would give Modtech time to do so; and because Modtech consented in writing to the terms of the lien, the bankruptcy court correctly concluded that M & M provided Modtech with sufficient disclosures under California Rule of…