In Re: Georges Marciano Has Decisions

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Appellants: Hill, Farrer and Burrill LLP and Georges Marciano
Appellees: David K. Gottlieb and Unsecured Creditors Committee
In Re Debtor: Georges Marciano
 
Case Number: 2:2012cv02890
Filed: April 3, 2012
 
Court: California Central District Court
Presiding Judge: A. Howard Matz
 
Nature of Suit: Bankruptcy - Appeal
 

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Date Filed#Document Text
November 26, 201212Court Opinion or Order MINUTES (IN CHAMBERS) ORDER by Judge A. Howard Matz: Appellant-Debtor Georges Marciano and Hill, Farrer & Burrill, LLP appeal from two orders of the bankruptcy court. In the order at issue in the consolidated appeals CV 12-2353 and CV 12-2890, the ba nkruptcy court denied HFB's petition for retroactive approval of its representation of Marciano when he was a Chapter 11 debtor-in-possession. In CV 12-5042, Marciano and HFB appeal from a subsequent order ordering HFB to disgorge the compensati on it received for its representation of Marciano during that period. Bankruptcy law charges counsel for a debtor-in-possession with a fiduciary duty to the estate. By its own admission, HFB violated this duty while it was representing Marciano as th e debtor-in-possession. For this reason, the bankruptcy court did not abuse its discretion in denying HFB's retroactive application and ordering it to disgorge its fees. Thus, the Court AFFIRMS the orders of the bankruptcy court. (Made JS-6. Case Terminated.) (jp)
June 29, 201210Court Opinion or Order MINUTE ORDER IN CHAMBERS by Judge A. Howard Matz. There are now nine pending appeals. Accordingly, the Court ORDERS the parties in each of the above actions to meet and confer and file a Joint Status Report by no later than Monday, July 9, 2012. (kbr)
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Appellant: Hill, Farrer and Burrill LLP
Represented By: Daniel J McCarthy
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Appellant: Georges Marciano
Represented By: Daniel J McCarthy and Michael E. Reznick
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Appellee: David K. Gottlieb
Represented By: Jeremy V Richards
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Appellee: Unsecured Creditors Committee
Represented By: Peter Alan Davidson
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In Re Debtor: Georges Marciano
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