John Saba v. Timothy Cory

MEMORANDUM

John Saba and Gregory Grantham appeal the district court order affirming the bankruptcy court decision disallowing their claim for contribution in the Flamingo 55, Inc. bankruptcy proceeding. We have jurisdiction pursuant to 28 U.S.C. § 158 (d), and we affirm.

In 2007, the bankruptcy court ruled that Saba and Grantham, who are successors in interest to Broadway-Acacia, LLC, were not entitled to subrogate to Datacom Investment Company’s position as a secured creditor in the Flamingo 55 bankruptcy proceeding. In re Flamingo 55, Inc., 378 B.R. 893, 919-21 (Bankr.D.Nev.2007). In 2011, this court affirmed the bankruptcy-court’s ruling. Grantham v. Cory (In re Flamingo 55, Inc.), 646 F.3d 1253 (9th Cir.2011). We explained that the bankruptcy court found that Broadway-Acacia and Flamingo 55 “were partners or coven-turers in a venture to develop certain property,” and the Datacom loan “was to them for the purpose of pursuing that venture.” Id. at 1254 . We concluded the bankruptcy court’s finding was not clearly erroneous, and as a result of Broadway-Acacia’s status as a partner or coventurer in the development enterprise, Saba and Grantham did “not come within the provisions…