In re Clark
9th Cir. B.A.P.; 15-1010 The Bankruptcy Appellate Panel affirmed a judgment. The court held that the commingling of the debtor’s finances with…
August 14, 2017 at 06:45 PM
3 minute read
9th Cir. B.A.P.;
15-1010
The Bankruptcy Appellate Panel affirmed a judgment. The court held that the commingling of the debtor's finances with those of both a trust and a limited liability company controlled by the debtor warranted a judgment of consolidation.
Jay Clark filed a voluntary chapter 12 petition in his own name dba Crystal Springs Ranch. The bankruptcy court granted a creditor's motion to convert the case to chapter 7 under 11 U.S.C. §1208(d), which allows for conversion “upon a showing that the debtor has committed fraud in connection with the case.” Jeremy Gugino was appointed as bankruptcy trustee. Gugino filed an adversary complaint against Clark's Crystal Springs Ranch, LLC and its sole member, the Clark Farms Family Trust seeking, among other things, a judgment substantively consolidating Clark's bankruptcy estate with the LLC and the Trust.
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