Tremaine

Tremaine v. Miller

Good Law
124 F. App'x 490
United States Court of Appeals for the Ninth CircuitJanuary 28, 2005No. 03-35905California1,033 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant, the law firm of Davis Wright Tremaine LLP (“DWT”), appeals from the denial of its motion for an order to show cause why debtor-in-possession Douglas Miller has not funded a distribution account with $71,842.13 that DWT claims is due. DWT’s claim for $71,842.13 represents one-third of the fees DWT incurred while representing the Margueritte Miller Living Trust (“Trust”), of which Mr. Miller was a one-third beneficiary.

I

DWT contends that the bankruptcy court erred in holding that DWT’s application did not constitute a valid informal proof of claim. We review a bankruptcy court’s conclusions of law de novo. Preblich v. Battley, 181 F.3d 1048, 1051 (9th Cir.1999). For documents to constitute an informal proof of claim, “they must state an explicit demand showing the nature and amount of the claim against the estate, and evidence an intent to hold the debtor liable.” In re Sambo’s Restaurants, Inc., 754 F.2d 811, 815 (9th. Cir.1985) (citation omitted). Bankruptcy courts, as courts of equity, liberally construe what types of documentation will constitute an informal proof of claim. Id. at 816 .

DWT’s application is a valid informal proof of claim because it…

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.