Legal Opinion

In Re GOCO Realty Fund I

United States Bankruptcy Court, N.D. California

Decided February 22, 1993No. 16-10109PublishedCited by 24 opinions

1Opinion of the Court

OPINION

MARILYN MORGAN, Bankruptcy Judge.

I. INTRODUCTION

The debtor, GOCO Realty Fund I (“GOCO”), a California Limited Partnership, paid its attorneys in excess of $725,-000 prior to filing the bankruptcy petition. Of this sum, more than $500,000 was paid as a retainer for a suit against its only secured creditor, New West Federal Savings & Loan Association (“New West”). New West moved for the return of the pre-petition legal retainers arguing that to permit GOCO to pay its counsel from cash subject to New West’s lien compels New West involuntarily to fund litigation against its interest. GOCO…

2Cases cited28 opinions

  1. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  4. United States v. WilsonSupreme Court of the United States · 1975
  5. In Re McDonald Bros. Construction, Inc.United States Bankruptcy Court, N.D. Illinois · 1990

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3Cited by24 opinions

  1. In Re BlackburnUnited States Bankruptcy Court, D. Idaho · 2011
  2. Rus, Miliband & Smith v. Yoo (In Re Dick Cepek, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  3. In Re James H. Emery in Re Cheryl A. Emery, Debtors, Kasdan, Simonds, McIntyre Epstein & Martin v. World Savings & Loan Association, in Re James H. Emery in Re Cheryl A. Emery, Debtors, Kasdan, Simonds, McIntyre Epstein & Martin v. World Savings & Loan AssociationCourt of Appeals for the Ninth Circuit · 2003
  4. J.H. Streiker & Co. v. SeSide Co.District Court, E.D. Pennsylvania · 1993
  5. Kun v. Mansdorf (In Re Woodcraft Studios, Inc.)District Court, N.D. California · 2011

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