Hofsaess et al v. Landis, No. 2:2013cv01161 - Document 34 (D. Nev. 2014)

Court Description: ORDER Granting 33 Motion for Limited Remand and Related Relief. Signed by Judge Robert C. Jones on 3/14/14. (Copies have been distributed pursuant to the NEF: cc Finance - MMM)
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Hofsaess et al v. Landis Doc. 34 Dockets.Justia.com Case 2:13-cv-01161-RCJ Document 33 Filed 02/24/14 Page 2 of 3 Case 2:13-cv-01161-RCJ Document 33 Filed 02/24/14 Page 3 of 3 March 14, 2014 1 2 3 4 5 6 7 Scott Andrew Farrow Acting Assistant United States Trustee scott.a.farrow@usdoj.gov United States Department of Justice Office of the United States Trustee 300 Las Vegas Boulevard South, Suite 4300 Las Vegas, Nevada 89101 Tel: (702) 388-6600 Ext. 234 Fax: (702) 388-6658 Attorney for the United States Trustee for Region 17 8 9 10 UNITED STATES BANKRUPTCY COURT 11 DISTRICT OF NEVADA 12 In re: 13 STEVE HERBERT HOFSAESS, Case No. 2:08-bk-23761-btb Chapter 11 14 15 16 17 18 19 Debtor. STEVE HERBERT HOFSAESS AND CHRISTOPHER G. GELLNER, ESQ., Appellants v. TRACY HOPE DAVIS, UNITED STATES TRUSTEE, REGION 17, Appellee. 20 STIPULATION RESOLVING ALL ISSUES 21 22 23 Appellants Steve Herbert Hofsaess and Christopher G. Gellner and Appellee, the United States Trustee, stipulate and agree as follows (all collectively referred to as the “Parties”): RECITALS 24 25 26 A. On May 3, 2013, the United States Trustee filed a Motion for an Order Disgorging Attorney Compensation pursuant to 11 U.S.C. § 329 (the “Motion to Disgorge”). -1- 1 B. On June 25, 2013, after a hearing was held on the Motion to Disgorge, the United States 2 Bankruptcy Court entered an Order (the “Disgorgement Order”): (1) granting the Motion to Disgorge; 3 (2) ordering Christopher G. Gellner, Esq. to disgorge fees; (3) revoking Christopher G. Gellner, Esq.’s 4 rights to use the Case Management/Electronic Case Files (“CM/ECF”) system for 180 days; and, (4) 5 requiring Christopher G. Gellner, Esq. to show that he had retaken the CM/ECF Las Vegas Training 6 course and had completed four (4) credit hours of continuing legal education ethics training before he 7 could apply to have his CM/ECF filing rights reinstated. 8 9 C. Notice of Election to Have Appeal Heard by District Court. 10 11 On June 27, 2013, Appellants filed a Notice of Appeal of the Disgorgement Order and a D. The matter was assigned to the Honorable Robert C. Jones, Case No. 2:13-cv-01161- E. On September 27, 2013, the District Court ordered Mr. Gellner to deposit with the RCJ. 12 13 United States District Court $11,961 (the “Funds”), and he deposited those funds on November 4, 14 2013. 15 16 17 18 F. Subsequently, the District Court granted the United States’ Unopposed Motion for Limited Remand and transferred the Funds to the registry of this Court. The parties, through their respective counsel of record, have negotiated and reached a stipulation that would, if approved, resolve the appeal of the Disgorgement Order (“Appeal”). 19 20 21 22 23 24 Based on the foregoing, THE PARTIES HEREBY STIPULATE AND AGREE AS FOLLOWS: 1. The Parties hereby stipulate and agree to the following resolution of the Bankruptcy proceedings: a. Immediately upon approval of this Stipulation, Mr. Gellner’s electronic filing 25 rights in Bankruptcy Court shall be restored, and within three (3) months Mr. Gellner shall file with the 26 Bankruptcy Court proof that he has taken four (4) hours of CLE credits in ethics. -2- 1 2 b. Immediate upon approval of the Stipulation, the Funds shall be paid to Mr. Hofsaess. 3 i. 4 Mr. Hofsaess shall hold the Funds in trust pending: (1) The granting of a motion filed by the United States Trustee 5 requesting the modification of the confirmed plan of reorganization pursuant to 11 U.S.C. § 1127(e)(1) 6 (the “Motion”), and if the Motion is granted Mr. Hofsaess shall distribute the Funds as provided in the 7 order approving the Motion; or 8 9 (2) If the Motion is not granted by the Court, Mr. Hofsaess shall keep the Funds for his own use. 10 a) Notwithstanding the foregoing, in no event, shall Mr. 11 Hofsaess convey these Funds or any other funds to Mr. Gellner for any services related to these 12 bankruptcy proceedings. 13 14 c. performed for Mr. Hofsaess in the bankruptcy proceedings. 15 16 d. i. Neither Mr. Gellner nor Mr. Hofsaess shall file objections to the Motion, and both agree to be bound by any order of the Court approving the Motion. 19 e. 20 21 Within ninety (90) days after approval of this Stipulation, the United States Trustee shall file the Motion. 17 18 Mr. Gellner shall not accept any money from any source for any services he The Motion shall provide as follows: i. A proposed distribution of the Funds now held by Mr. Hofsaess to the creditors of this estate. 22 ii. Within sixty (60) days after entry of an order approving the Motion, Mr. 23 Hofsaess shall make the distribution set forth in the Court’s order approving the Motion and shall file 24 an affidavit averring that he has distributed the Funds in accord with the order (“Affidavit”). 25 26 2. Mr. Hofsaess agrees that he shall not seek entry of a discharge in the bankruptcy proceedings until the earlier of: -3- 2/24/2014