In Re: Poshow Ann Kirkland v. Jason Rund

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

In re: EPD INVESTMENT No. 22-55944

COMPANY, LLC AND JERROLD S.

PRESSMAN, D.C. No. 2:21-cv- 00848-DSF Debtor. ______________________________

OPINION

POSHOW ANN KIRKLAND, as Trustee of the Bright Conscience Trust Dated September 9, 2009,

Appellant,

v.

JASON M. RUND, Chapter 7 Trustee,

Appellee.

Appeal from the United States District Court for the Central District of California Dale S. Fischer, District Judge, Presiding

Argued and Submitted October 18, 2023 Pasadena, California

Filed August 23, 2024 IN RE: KIRKLAND V. RUND

Before: Richard R. Clifton and Gabriel P. Sanchez, Circuit Judges, and Edward R. Korman, * District Judge.

Opinion by Judge Sanchez; Dissent by Judge Clifton

SUMMARY **

Bankruptcy

The panel affirmed the district court’s order affirming a judgment of the bankruptcy court, and remanded for further proceedings, in a fraudulent transfer action in which a jury determined that debtor Jerrold S. Pressman operated his business, EPD Investment Co., LLC (EPD), as a Ponzi scheme. EPD was forced into Chapter 7…