Segovia v. Bach Construction (In re Segovia)
Segovia v. Bach Construction (In re Segovia)
Opinion of the Court
MEMORANDUM
Victor Segovia (“Victor”) appeals a decision of the Bankruptcy Appellate Panel that affirmed a bankruptcy court’s (1) reduction of Victor’s claim against the estate of his sister Maria Segovia (“Maria”) and (2) rejection of Victor’s objections to the claim of creditor Bach Construction, Inc. (“BCI”). We have jurisdiction under 28 U.S.C. § 158(d). We affirm.
The facts of the case are known to the parties, and we do not repeat them here.
Victor argues that the bankruptcy court erred in reducing his $726,000 claim
Victor argues that the bankruptcy court erred in refusing to enforce his lien. We agree with the bankruptcy court that Victor’s Fee Agreement violated rule 3-300 of the Rules of Professional Conduct of the State Bar of California. The Fee Agreement’s terms were not “fair and reasonable to [Maria and] fully disclosed and transmitted in writing to [Maria] in a manner which should reasonably have been understood by [Maria].” See Rule 3-300(A). Victor’s claim for $50,000 is properly left unsecured. See Fletcher v. Davis, 33 Cal.4th 61, 14 Cal.Rptr.3d 58, 90 P.3d 1216, 1223 (2004).
Victor argues that the bankruptcy court improperly overruled his objections to BCI’s claim. “We may affirm on any ground supported by the record.” See Olsen v. Zerbetz (In re Olsen), 36 F.3d 71, 73 (9th Cir. 1994). Victor’s objection under § 502(b)(4) lacks merit because BCI is not an insider or attorney. Victor’s objection under § 502(b)(1) also lacks merit because he does not allege that BCI’s judgment is unenforceable under applicable law. The bankruptcy court properly overruled Victor’s objections.
Victor’s motion for leave to submit voluminous exhibits is denied.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.