In re Riki Trowe

United States Bankruptcy Court, E.D. California·Decided March 31, 2026·No. 24-24267·Unknown

Opinion

In re ) Case No. 24-24267-F-B-7 ) RIKI TROWE, ) Docket Control No. DNL-14 ) ) Debtor. ) ) )

RULING ON TRUSTEE’S MOTION FOR BAD FAITH DETERMINATION

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J. Russell Cunningham, DESMOND, MANNING, LIVAICH & CUNNINGHAM for Nikki B. Farris, Chapter 7 Trustee, Movant. Omero Banuelos, for RIKI TROWE, Debtor. Jeffrey W. Shields, for Colutions, LLC, Creditor. —————————————————————————————

RENÉ LASTRETO II, Bankruptcy Judge:

The Chapter 13 bargain is in return for committing to a three to five year payment plan, debtors who elect Chapter 13 can keep most of their property and at the end of the plan, receive a discharge.1 A further benefit is if circumstances prevent debtors from maintaining plan payments, they have the option of converting to Chapter 7. § 1307(a). If they convert in good

1 Unless otherwise indicated, references to chapters or code sections shall be references to the United States Bankruptcy Code, 11 U.S.C. § 101 et seq. References to “Civ. Rule” shall be to the Federal Rules of Civil Procedure. faith, the Chapter 7 estate is limited to what the debtor still possesses and controls of the property of the estate when the petition was filed. § 348(f)(1). The debtor avoids the “penalty” of turning over to a Chapter 7 trustee the property acquired after filing but before conversion. Contrast that with what occurs if the debtor converts in bad faith. Under § 348(f)(2), if there is a bad faith conversion, property of the estate consists of property existing on the date of conversion. Here, we examine whether a debtor converted in bad faith and suffers the penalty. Applying controlling circuit precedent, the court finds the conversion was in bad faith and thus the property of the estate in this case consists of property of the estate on the date of the conversion.2 To help the reader, here is a list of individuals and entities that will be discussed. Riki Trowe (“Debtor” or “Trowe”) the debtor here. Debtor has a tangly list of affiliates. RJT Consulting, LLC (“RJT”). Debtor owns 100% of the interest in RJT. Docs. #195, #197. Event Horizon Group, LLC (“EHG”). Debtor owns a 33.3% interest in EHG. Docs. #195, #197. Ventura Seed Company, Inc. a corporation wholly owned by Debtor. 2 This case was originally assigned to the Honorable Fredrick E. Clement. It Four2Nada, Inc. Four2Nada is wholly owned by the Debtor. There is some evidence that there exists both a California and Oregon corporation by that name. Doc. #195. Ventura Seed Company, LLC (“SeedCo”). This affiliate is partially owned by and is a judgment creditor of the Debtor. Omero Banuelos, Esq. Debtor’s counsel in this bankruptcy case as well as the counsel for the Debtor in numerous other litigations. A. Pre-petition events. In 2020, creditor Colutions, LLC (“Colutions”) obtained an arbitration award against SeedCo for over $840,000.00 plus interest for SeedCo’s breach of contract. Doc. #197. The arbitration award was confirmed by the United States District Court for the District of Colorado. Id. As the British say, asset “Jiggery-pokery” ensued. Alleged transfers of SeedCo assets led to a second Federal case in 2022 filed in the District Court for the Central District of California. Colutions sued Debtor and some of his affiliated companies alleging that Debtor and others transferred monies from SeedCo to SeedCo’s insiders or Debtor affiliated companies including Four2Nada (both its California and Oregon versions). Doc. #197. This litigation also alleged the transfers left SeedCo insolvent and unable to pay the judgment. Id. Colutions’ theories included recovery of avoidable transfers, conspiracy, breach of fiduciary duty, and unjust enrichment. Doc. #197. Injunctive relief was also sought. Id. /// During 2023 and 2024 Debtor’s affiliates filed three separate bankruptcy cases in this District. Doc. #195:

Affiliate Case # Filed Closed Four2Nada, Inc. 23-21498-C-7 05/08/23 06/16/23 Four2Nada, Inc. 23-22267-B-7 07/10/23 01/12/24 Ventura Seed Company, Inc. 24-21327-C-7 04/01/24 05/09/24 These filings were used to stifle the Debtor’s scheduled depositions. Id. The Debtor and his affiliates stonewalled discovery in the Central District of California fraudulent transfer case leading to an order of that Court by Magistrate Judge Standish on July 23, 2024. Doc. #197. Judge Standish sanctioned the Debtor $17,192.00 in attorneys’ fees payable in full in 60 days and an initial $5,000.00 payment due August 13, 2024. Id. Payments were not made even though the Debtor had available funds to do so. Doc. #195.3 Judge Standish summed up the situation: Frankly, the Court would not have much of an issue finding bad faith on the part of Trowe here – bad faith that can, in proper circumstances, permit the Court to issue terminating sanctions (or, here, recommend such sanctions to the District Judge) without starting with a lesser sanction. His blatant disregard for both his discovery obligations under the Federal Rules and his apparent disdain for authority in disregarding directives of the Court support such a finding. But given that this is a first sanction in this case, the Court feels obligated to award only monetary sanctions; only against Trowe… Doc. #197. ///

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