TBH19 LLC Trustee Sues a Defendant for Unauthorized Removal of Historic Fixtures From a Property of the Estate, Seeks Declaratory Relief, Injunction, and Turnover of Property

August 20, 2021, Central District of California – Trustee Sam S. Leslie for the bankruptcy estate of TBH19, LLC brings a complaint against Defendant Leonard M. Ross for contempt of court, turnover of property, conversion, and replevin relating to an alleged unauthorized removal of historic fixtures from a property of the estate.

The Trustee seeks declaratory relief, alleging that the Trustee is the sole owner of and holds the exclusive right, title, and interest in all objects that were affixed to the property on the petition date through cement, plaster, nails, bolts, or screws and which defendant allegedly removed subsequently. The Trustee argues that the historic fixtures were permanently attached to the property, were the property of the estate, and were never Defendant’s personal property. The Trustee further argues that the defendant wrongfully severed the historic fixtures from the property or aided in the severance. Further, the Trustee avers that the defendant is preventing the Plaintiff from having access to the historic fixtures by removing them and undermining the Trustee from selling the property for its highest and best
price.

The Trustee thus seeks a judgment against Defendant preliminarily and permanently enjoining and preventing the defendant from directly or indirectly transferring, removing, altering, selling, assigning, pledging, hypothecating, encumbering, dissipating, distributing or moving objects that were affixed to the property and compelling the defendant to turn over and account for said fixtures or the proceeds, product, offspring, rents or profits therefrom, according to 11 U.S.C. § 542 of the Bankruptcy Code.

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