Kvassay

Kvassay v. Kvassay (In re Kvassay)

Good Law
514 B.R. 307
United States District Court, Central District of CaliforniaJuly 31, 2014No. 2:13-cv-08380-ODW; Bankruptcy No. 2:13-bk-40267-PC; Adversary No. 2:13-ap-01852-PCCalifornia3,485 words

Opinion

Lead Opinion

Wright, J.

ORDER AFFIRMING BANKRUPTCY COURT’S DECISION DISMISSING ADVERSARY COMPLAINT WITHOUT LEAVE TO AMEND

I. INTRODUCTION

Three feuding brothers, a campaign of “threatening and harassing conduct,” and *309 a deteriorating multimillion-dollar Los An-geles chateau set the stage for this bankruptcy appeal — the latest in the Kvassay family’s legal saga. Peter Emanuel Kvas-say, the debtor involved in the bankruptcy petition, lived in the famed “Chateau Emanuel” in Los Angeles following the death of the brothers’ parents. Peter 1 also served as the initial trustee of their family trust, which included the residence. But Robert wrested control of the trust due to Peter’s alleged damage to the property and then sued Peter in Los Angeles County Superior Court’s Probate Department to evict him from the property and offset his distributive share from the trust.

The Probate Court issued an order evicting Peter, which was stayed once a third party posted a $216,000 cash deposit in lieu of an appeal bond. Once the eviction order was affirmed, Robert moved to cash in on the deposit. The same day as the Probate Court was set to hold an evidentiary hearing, Peter filed for Chapter 7 bankruptcy — thus…

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