Opinion
Case No. 10-02677
2013-09-23
In re BRIARWOOD CAPITAL, LLC, Debtor.
WRITTEN DECISION - NOT FOR PUBLICATION
ORDER ON LENNAR'S MOTION
TO COMPEL COMPLIANCE WITH
11 U.S.C. § 329 AND RULE
2016(b)
This case began as a petition under Chapter 11. During the course of the case, a number of separate attorneys made appearances on behalf of the debtor. Creditors Lennar Corporation and Lennar Homes of California filed motions to require those attorneys to comply with 11 U.S.C. § 329 and Rule 2016(b), looking for disclosure of information concerning payments to the attorneys, including amounts and sources. Meanwhile, the Court ordered the case converted to one under Chapter 7.
The Lennar creditors continued to pursue disclosure of information from debtor's various attorneys. The Chapter 7 trustee has not sought the same information of behalf of the estate. Given the current state of this Chapter 7 case, the Court finds and concludes that Lennar's motions are essentially efforts to assist them in their efforts to collect a state court judgment, which is collateral to the bankruptcy process. Moreover, the Court has recently learned Lennar has been seeking the same sort of information in the state court. Macaluso v. Superior Court, ___ Cal. App. 4th ___, (2013 DJDAR 12695 (Fourth Dist. 2013)). The Court declines to participate in Lennar's discovery efforts.
Accordingly, Lennar's motions are denied, without prejudice.
IT IS SO ORDERED.
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PETER W. BOWIE, Judge
United States Bankruptcy Court