Attorney James Russell Cunningham's Legal Cases

Chapter 7 bankruptcy

In re Western Autopool & Transporting, Inc.

Nov 18, 2010

OUTCOME: The Sacramento Bankruptcy Court suspended distribution on an allowed priority claim of the Franchise Tax Board because the Controller's Office refused to honor our client trustee's request for turnover of unclaimed property of the bankruptcy estate.

In applying Bankruptcy Code Section 502(d), the court rejected the State of California's contention that the Board and the Controller should be considered separate entities. 210 WL 9475475.

Chapter 7 bankruptcy

In Bartee

Oct 25, 2004

OUTCOME: The 9th Circuit Bankruptcy Appellate Panel upheld our client trustee's objection to dismissal of bankruptcy case where assets had been concealed and there were discrepancies in the schedules and statement of financial affairs.

Finding that the creditors would otherwise be prejudiced, the court rejected as speculative the debtors' proposal to liquidate assets and repay creditors outside of bankruptcy.

Chapter 7 bankruptcy

In re Godon, Inc.

Mar 15, 2002

OUTCOME: The Sacramento Bankruptcy Court approved an agreement to permit a creditor to prosecute avoidance actions in the name of our client, the case trustee.

Relying on Bankruptcy Code Section 503(b), the court found the creditor had standing and that the agreement was fair and equitable. 275 B.R. 555.

James Russell Cunningham's Legal Cases (3)

In re Western Autopool & Transporting, Inc.

In Bartee

In re Godon, Inc.