Richard E. Oney v. Steven Marc WeinbergRichard E. Oney v. Steven Marc Weinberg
Case Information
*2 Before: HAWKINS and N.R. SMITH, Circuit Judges, and PRO, [**] District Judge.
Appellants Richard Oney and his wife Erin Cox-Oney (“Oneys”) appeal the Bankruptcy Appellate Panel’s decision affirming the bankruptcy court. The Oneys contended the bankruptcy court erred by finding that certain post-insolvency payments did not violate the trust fund doctrine under Arizona law, by allowing Appellants Steven and Dana Weinberg (“Weinbergs”) to retain more than their pro-rata portion of trust assets, and by granting prejudgment interest from the date of the bankruptcy court’s order.
We review the bankruptcy court’s conclusions of law
de novo
, and review its
findings of fact for clear error.
In re Reynoso
,
The bankruptcy court made factual findings that the transfers challenged on
appeal constituted reasonable compensation for the Weinbergs’ efforts in winding
down Weinberg Cummerford Legal Group, P.C. (“WLG”). Those findings are not
clearly erroneous. Further, the Oneys are not entitled to recover more than their
*3
pro rata share under Arizona’s trust fund doctrine.
Dawson v. Withycombe
, 163
P.3d 1034, 1057-58 (Ariz. App. 2007);
A.R. Teeters & Assocs., Inc. v. Eastman
Kodak Co.
,
Finally, the bankruptcy court did not abuse its discretion in awarding
prejudgment interest from the date of its August 27, 2008 order because the
amount of damages was not liquidated until the bankruptcy court determined the
date of WLG’s insolvency and determined the value of the Weinbergs’ work at
WLG after WLG became insolvent. Until the bankruptcy court made these factual
determinations, the Weinbergs could not have computed the precise amount they
owed the Oneys under the trust fund doctrine.
Gemstar Ltd. v. Ernst & Young
P.2d 222, 237-38 (Ariz. 1996);
Pueblo Santa Fe Townhomes Owners’ Ass’n, Inc.
v. Transcon. Ins. Co.
,
AFFIRMED.
Notes
[**] The Honorable Philip M. Pro, United States District Judge for the District of Nevada, sitting by designation.