A federal district judge in Santa Ana, California affirmed the rulings of a bankruptcy court allowing the full amount of the $10 million claim of the Federal Deposit Insurance Corporation, acting as Receiver for American Sterling Bank (the “FDIC-R”), and approving the FDIC-R’s settlement with the debtor, the former executive of a failed bank. Bienert Katzman Littrell Williams LLP partners Steven Jay Katzman and Tony Bisconti represented the FDIC-R in this matter as the agency's approved outside counsel.  

The appellant, a third-party creditor of the debtor, objected to the settlement and sought to disallow the FDIC-R’s claim before the bankruptcy court.  The bankruptcy court, agreeing with and adopting BKLW's arguments, allowed the FDIC-R’s claim in the full amount and approved the settlement.  On appeal of the objecting creditor, the district court likewise adopted BKLW's analysis and arguments in their entirety.  The district court affirmed the bankruptcy court’s approval of the $10 million settlement and allowance of the FDIC-R’s claim in the debtor’s bankruptcy case.

A copy of the district court’s opinion is found here.

Read more:

Related Insights

Oct 15, 2024 Case Successes

BKLW secures dismissal of appeal of bankruptcy lawsuit seeking more than $10 million in damages

Bienert Katzman Littrell Williams LLP partner Tony Bisconti and associate Carlos Nevarez successfully obtained an order from the U.S. District Court for the Central District of California dismissing an appeal arising from a...
Jun 29, 2024 Case Successes

Anti-child trafficking rescuer dismissed with prejudice from alleged abuse case

On June 27, 2024, a Utah Court dismissed all claims against Bienert Katzman Littrell Williams LLP’s client Timothy Ballard with prejudice. BKLW partners Thomas H. Bienert, Jr. and Whitney Z. Bernstein, associates Alexis...
May 14, 2024 Case Successes

Motion to dismiss secured for high-profile client in alleged abuse case

On May 9, 2024, a Utah Court dismissed the case against Bienert Katzman Littrell Williams LLP’s client Katherine Ballard with prejudice under Utah’s newly enacted Uniform Public Expression Protection Act (Utah.Stat. §...