IN RE O'GORMAN

No. 23-60005.

115 F.4th 1047 (2024)

IN RE: Debbie Reid O'GORMAN, Debtor, The Lovering Tubbs Trust, Trustee; CLC Compliance, Inc., Trustee; Pacific Equities, LLC, Appellants, v. Timothy W. Hoffman, Chapter 7 Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2024.


Attorney(s) appearing for the Case

Reno F.R. Fernandez III (argued) Binder Malter Harris & Rome-Banks LLP, Santa Clara, California; Kelly Woodruff, Complex Appellate Litigation Group LLP, San Francisco, California; for Appellants.

Charles P. Maher (argued), Rincon Law LLP, San Francisco, California, for Appellee.

Before: Carlos T. Bea, David F. Hamilton, and Morgan Christen, Circuit Judges.


OPINION

Faced with the prospect of foreclosure by a creditor, Debbie O'Gorman turned to attorney William Utnehmer to help her save her home. Utnehmer offered a simple proposition: transfer the property to an irrevocable land trust in which Utnehmer's company held an 80% beneficial interest and allow him to advance...

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