In Re: Gxp Capital, LLC v. Argonaut Manufacturing Services, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 16 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

In re: BIOSERV CORPORATION, No. 23-60033

Debtor, BAP No. 22-1213

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MEMORANDUM*

GPX CAPITAL, LLC,

Appellant,

v.

ARGONAUT MANUFACTURING

SERVICES, INC.; et al.,

Appellees.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel Brand, Gan, and Faris, Bankruptcy Judges, Presiding

Argued and Submitted June 7, 2024 Pasadena, California

Before: CLIFTON, COLLINS, and LEE, Circuit Judges.

Plaintiff GXP Capital, LLC sued Argonaut Manufacturing Services, Inc. in an

adversary proceeding before the bankruptcy court for breach of contract,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. misappropriation of trade secrets, and a variety of other economic torts. GXP

contends that Argonaut’s misconduct interfered with GXP’s bankruptcy and led to

the appointment of an examiner, who allegedly sold its assets for less than market

value. The bankruptcy court…