Jack Richard Finnegan v. United States

I. BACKGROUND

On March 6, 2018, Finnegan filed a voluntary Chapter 11 case in the Bankruptcy Court. Case No. 8:18-bk-10762-TA (“BK”), Dkt. No. 1. On March 24, 2018, the Bankruptcy Court ordered the United States Trustee to appoint a Chapter 11 Trustee over Finnegan’s bankruptcy estate. BK, Dkt. No. 85. In September, 2018, the Bankruptcy Court granted the Trustee’s motion to convert the bankruptcy case from a Chapter 11 reorganization case to a Chapter 7 liquidation case and authorized the Trustee to seek a conservatorship. BK, Dkt. Nos. 194, 195. In July 2021, the Trustee obtained orders from the Bankruptcy Court compelling Finnegan to turn over the Chapter 7 Trustee residential property located at 871 Avenida Acapulco, San Clemente, California 92672 (the “Property”). BK, Dkt. Nos. 371, 384. According to a status report filed on November 2021, the United States Marshal Service posted a Notice to Vacate on the Property, and Finnegan re-entered and re-occupied the Property despite the Bankruptcy Court’s orders. BK, Dkt. No. 391. On January 15, 2020, the Orange County Superior Court issued an Order CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 5 Case…