Everett

Everett v. Whitney (In re Pac. Thomas Corp.)

Good Law
603 B.R. 455
United States Bankruptcy Court, Northern District of CaliforniaMay 28, 2019Case No. 14-54232 MEH; Adv. No. 14-05114California5,147 words

Opinion

Lead Opinion

Hammond, J.

On March 27, 2018, the Ninth Circuit issued a memorandum vacating this court's judgment and remanding for further findings (Dkt. #234). Following entry of the Order Vacating Judgment (Dkt. #235) this court conducted a bifurcated trial on whether the parties' lease agreements are void under principles of California law and the appropriate judgment amount. As set forth in the Supplement to Decision After Trial Following Remand (Dkt. #264), this court found that the 2005 lease agreement between Pacific Trading Ventures ("PTV") and Pacific Thomas Corporation ("Debtor") was invalid. In its remand, the Ninth Circuit instructed the court to determine whether the parties' various lease agreements (the 2005 lease, the 2008 lease, the 2010 extension, and the 2012 amendment) were void under principles of California law. Following determination of this issue, the court was required to calculate the extent to which PTV's right to reimbursement under the management agreement affects any turnover award.

An evidentiary hearing was held on March 14, 2019, to determine what amounts, if any, are owed by PTV to the Debtor's estate. The Chapter 11 Trustee ("Trustee") and PTV participated in the…

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