Siller

Cotchett, Pitre & McCarthy v. Siller

Good Law
2014 WL 4661098·520 B.R. 796
United States District Court, Eastern District of CaliforniaSeptember 17, 2014Nos. CIV. S-10-0779 KJM, CIV. S-10-0780 KJM, CIV. S-12-142 KJMCalifornia9,920 words

Opinion

Lead Opinion

Mueller, J.

ORDER

This case stems from debtor Charles Siller’s failure to pay his attorneys following their success in securing the dissolution of a family farming company and recovery of a judgment valued at $30.5 million in cash and real property. The pending motions for reconsideration and the appeals arise from the bankruptcy court’s resolution of Spiller McProud’s claim for prepetition legal fees stemming from the dissolution litigation, which had been reduced to a state court judgment following arbitration. At the heart of these proceedings is statutory language found at Title 11 U.S.C. § 502 (b)(4), which provides that after hearing, a bankruptcy judge shall allow a claim “except to the extent that ... if such claim is for services of an insider or attorney of the debtor, such claim exceeds the reasonable value of such services.” Section 502(b)(4).

As an initial matter, the court considers the Trustee’s and Siller’s motions for reconsideration of this court’s order granting leave to appeal, and DENIES those motions.

On March 1, 2013, the court heard argument on the cross appeals of a judgment entered by the bankruptcy court following a bench trial on the merits of the Trustee’s…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.