Hunt, Ortmann, Blasco, Palffy & Rossell, Inc. v. Jim L. Shetakis Distributing Co. (In Re Jim L. Shetakis Distributing Co.)

MEMORANDUM

Appellant Hunt, Ortmann, Blasco, Palffy & Rossell, Inc. (“Hunt Ortmann”), a creditor, appeals the district court’s decision affirming the bankruptcy court’s grant of summary judgment in an adversary proceeding arising from the re-opened Chapter 11 bankruptcy case of Appellee Jim L. Shetakis Distributing Co., dba Shetakis Wholesalers, Inc. (“Shetakis”). In the adversary proceeding, Hunt Ortmann sought to recover a lease and option to purchase a property that Shetakis, the debtor, had transferred to Appellee NV Lease Option, LLC (“NVLO”), prior to the bankruptcy court’s confirmation of the reorganization plan. Hunt Ortmann sought a declaration that the transfer was void because it was made without the notice and hearing required by 11 U.S.C. § 363 (b)(1) or, alternatively, to set aside the transfer under 11 U.S.C. § 549 . We review the bankruptcy court’s grant of summary judgment de novo and any of its factual findings for clear error. Zurich Am. Ins. Co. v. Int’l Fibercom, Inc. (In re Int’l Fibercom, Inc.), 503 F.3d 933, 940 (9th Cir.2007). We affirm.

The bankruptcy court correctly determined that Shetakis’ transfer of the lease and option to NVLO was voidable, rather…