Case 2:10-bk-18510-BB

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FILED & ENTERED

Thomas H. Casey - Bar No. 138264
Kathleen M. Goldberg - Bar No. 132637
LAW OFFICE OF THOMAS H. CASEY, INC.
A PROFESSIONAL CORPORATION
22342 Avenida Empresa, Suite 260
Rancho Santa Margarita, CA 92688
Telephone:
(949) 766-8787
Facsimile:
(949) 766-9896
Email:
TomCasey@tomcaseylaw.com
Email:
KGoldberg@tomcaseylaw.com

NOV 10 2010
CLERK U.S. BANKRUPTCY COURT
Central District of California
BY beauchamDEPUTY CLERK

Attorney for Jason M. Rund,

Chapter 7 Bankruptcy Trustee

UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA / LOS ANGELES DIVISION

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In re

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MONTGOMERY, DENNIS LEE,

MONTGOMERY, BRENDA KATHLEEN,

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Debtor.

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Chapter 7
ORDER AUTHORIZING CHAPTER 7
TRUSTEES ABANDONMENT OF
ESTATE'S INTEREST IN CERTAIN
POTENTIAL CAUSES OF ACTION
AGAINST THE LINER FIRM AND
VARIOUS INDIVIDUALS
[Order Without Hearing Requested
Pursuant to Local Rule 9013-1(o)]

Jason M. Runds, Chapter 7 Trustees Motion for Order Authorizing Abandonment of

Estates Interest in Certain Potential Causes of Action Against the Liner Firm and Various
Individuals (Motion) was filed with the Clerk of the Court, and the Notice of Chapter 7
Trustees Motion for Order Authorizing Abandonment of Estates Interest in Certain Potential
Causes of Action Against the Liner Firm and Various Individuals (the Notice) was served on
creditors and parties in interest on September 29, 2010.

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Case No.: 2:10-bk-18510-BB

The Court having considered the Motion, proper notice having been given and good
cause having been shown,
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IT IS HEREBY ORDERED that the Trustees Motion is granted;

IT IS FURTHER ORDERED that the Trustee is authorized to abandon the estates interest in

the Debtors potential causes of action as follows: (1) Against the Liner Firm, Teri Pham and

Deborah Klar, for indemnification regarding a sanction order in District Court in Nevada case

number 3:06-cv-0056; (2) For legal malpractice against the Liner Firm, Teri Pham, Deborah

Klar, Tuneen Chisolm, Shannon Anderson, Robert Oliver, Richard Mooney, Ryan Lapine,

Robert Shore, Stuart A. Liner, Peter Bransten, Ellen Garolfalo, and Randal Sunshine in

connection with District Court in Nevada case number 3:06-cv-0056; and, (3) For

misrepresentations against the Liner Firm and Edra Blixseth for in connection with the Debtors

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settlement agreement with Warren Trepp and eTreppid on 09/08.

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###

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DATED: November 10, 2010

United States Bankruptcy Judge

Case 2:10-bk-18510-BB

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NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in
Category I.
Proposed orders do not generate an NEF because only orders that have been entered are placed on the
CM/ECF docket.

PROOF OF SERVICE OF DOCUMENT

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I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business
address is:
22342 Avenida Empresa, Ste. 260
Rancho Santa Margarita, CA 92688

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The foregoing document described Order Authorizing Chapter 7 Trustees Abandonment of Estates
Interest in Certain Potential Causes of Action Against the Liner Firm and Various Individuals will be
served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d);
and (b) in the manner indicated below:
I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF) Pursuant to
controlling General Order(s) and Local Bankruptcy Rule(s) (LBR), the foregoing document will be served
by the court via NEF and hyperlink to the document. On
I checked the CM/ECF docket
for this bankruptcy case or adversary proceeding and determined that the following person(s) are on the
Electronic Mail Notice List to receive NEF transmission at the email address(es) indicated below:

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Service information continued on attached page

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II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served):
On October 28, 2010 I served the following person(s) and/or entity(ies) at the last known address(es) in
this bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed
envelope in the United States Mail, first class, postage prepaid, and/or with an overnight mail service
addressed as follows. Listing the judge here constitutes a declaration that mailing to the judge will be
completed no later than 24 hours after the document is filed.
United States Bankruptcy Court
Attn: Hon. Sheri Bluebond
255 E. Temple St., Ste. 1482
Los Angeles, CA 90012
Service information continued on attached page
III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate method for
each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on
I served the
following person(s) and/or entity(ies) by personal delivery, or (for those who consented in writing to such
service method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a
declaration that personal delivery on the judge will be completed no later than 24 hours after the
document is filed.

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Service information continued on attached page

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true
and correct.
October 28, 2010
Date

Marissa Silva
Type Name

/s/ Marissa Silva

Signature

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NOTICE OF ENTERED ORDER AND SERVICE LIST

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Notice is given by the court that a judgment or order entitled (specify) Order Authorizing Chapter 7
Trustees Abandonment of Estates Interest in Certain Potential Causes of Action Against the Liner Firm
and Various Individuals was entered on the date indicated as AEntered@ on the first page of this judgment
or order and will be served in the manner indicated below:
I. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (ANEF@) B Pursuant to controlling
General Order(s) and Local Bankruptcy Rule(s), the foregoing document was served on the following
person(s) by the court via NEF and hyperlink to the judgment or order. As of October 28, 2010 the
following person(s) are currently on the Electronic Mail Notice List for this bankruptcy case or adversary
proceeding to receive NEF transmission at the email address(es) indicated below.

Robert Aisenstein aisenstein@msn.com

Robert W Beck robert.beck@beckandbrowning.com
Thomas H Casey msalustro@tomcaseylaw.com
Arturo M Cisneros arturo@mclaw.org
Christopher Conant cconant@conantlawyers.com
Joseph A Eisenberg jae@jmbm.com
Angela M Fontanini ecfcacb@piteduncan.com
Ellyn S Garofalo egarofalo@linerlaw.com
Thomas M Geher tmg@jmbm.com
Kathleen M Goldberg msilva@tomcaseylaw.com
John H Kim jkim@cookseylaw.com
Vy Pham vpham@mileslegal.com
Jason M Rund (TR) trustee@srlawyers.com, jrund@ecf.epiqsystems.com
Ramesh Singh claims@recoverycorp.com
Steven R Skirvin srs@dkclaw.com
Richard C Spencer rspencer@rspencerlaw.com
Balpreet Thiara ecfcacb@piteduncan.com
United States Trustee (LA) ustpregion16.la.ecf@usdoj.gov
Kristin A Zilberstein bknotice@mccarthyholthus.com

II. SERVED BY THE COURT VIA U.S. MAIL: A copy of this notice and a true copy of this judgment or
order was sent by United States Mail, first class, postage prepaid to the following person(s) and/or
entity(ies) at the address(es) indicated below:

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Debtors
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Dennis Lee Montgomery

6 Toscana Way
Rancho Mirage, CA 92270

Brenda Kathleen Montgomery

6 Toscana Way
Rancho Mirage, CA 92270

III. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment
or order which bears an AEntered@ stamp, the party lodging the judgment or order will serve a complete
copy bearing an AEntered@ stamp by U.S. Mail, overnight mail, facsimile transmission or email and file a
proof of service of the entered order on the following person(s) and/or entity(ies) at the address(es),
facsimile transmission number(s) and/or email address(es) indicated below:

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Service information continued on attached page

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Case 2:10-bk-18510-BB

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Interested Parties
Raphael O. Gomez
Carlotta P. Wells
Senior Trial Counsel
Federal Programs Branch
US Department of Justice
Civil Division B Room 6114
20 Massachusetts Ave., N.W.
PO Box 883
Washington, DC 20044
Randall Sunshine, Esq.
Stuart Liner, Esq.
Teri Pham, Esq.
Deborah Klar, Esq.
Tuneen Chisolm, Esq.
Ryan Lapine, Esq.
Robert Shore, Esq.
Shannon Anderson, Esq.
Robert Oliver, Esq.
Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor LLP
1100 Glendon Ave., 14th Floor
Los Angeles, CA 90024-3503
Richard Mooney, Esq.
Liner Yankelevitz, et al
199 Fremont Street, 20th Floor
San Francisco, CA 94105
Peter Bransten, Esq.
1 Bush Street, Ste. 600
San Francisco, CA 94104
Edra Blixseth
42-765 Dunes View Road
Rancho Mirage, CA 92270-4311

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