In Re: Bay Voltex Corporation

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT MAR 24 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

In re: BAY VOLTEX CORPORATION, No. 08-60044

Debtor, BAP No. NC-08-1069-DJuT

MEMORANDUM *

JOHN GARY WARNER,

Appellant,

v.

DAVID E. PEASE,

Appellee.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel Dunn, Jury, and Taylor, Bankruptcy Judges, Presiding

Argued and Submitted March 12, 2010 San Francisco, California

Before: HUG and BYBEE, Circuit Judges, and GWIN, ** District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable James S. Gwin, United States District Judge for the Northern District of Ohio, sitting by designation. John Warner was appointed by the bankruptcy court to be counsel for Bay

Voltex Corporation, the debtor in possession in a Chapter 11 proceeding.

Thereafter a trustee was appointed in place of the debtor. The trustee, with the

approval of the court, appointed different counsel. A settlement was reached

between the…