Robert Konop v. Hawaiian Airlines

MEMORANDUM

Robert Konop appeals the district court’s order affirming in part and vacating in part the bankruptcy court’s award of sanctions against him. We have jurisdiction pursuant to 28 U.S.C. § 158 (d)(1), see Congrejo Invs., LLC v. Mann (In re Bender), 586 F.3d 1159, 1163-64 (9th Cir.2009), and we affirm in part, reverse in part, and remand.

1. The bankruptcy court improperly granted summary judgment against Konop on Hawaiian Airlines’ motion for contempt sanctions. Viewing the evidence in the light most favorable to Konop, see Suncrest Healthcare Ctr. LLC v. Omega Healthcare Investors, Inc. (In re Raintree Healthcare Corp.), 431 F.3d 685, 687 (9th Cir.2005), a genuine dispute of material fact exists as to whether Konop’s statements in the three allegedly misleading disclosure statements were made in bad faith, see Price v. Lehtinen (In re Lehtinen), 564 F.3d 1052, 1058, 1061 (9th Cir.2009). Konop’s declarations,, proffered in opposition to the contempt motion and in opposition to the motion for summary judgment, create a dispute of fact as to whether he engaged in “something more egregious than mere negligence or recklessness.” Id. at 1058 (internal quotation marks…