In Re Eve Marie, Inc., Debtor. Sumitomo Bank of California v. Tokai Credit Corporation

15 F.3d 1084 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re EVE MARIE, INC., Debtor. SUMITOMO BANK OF CALIFORNIA, Plaintiff-Appellant, v. TOKAI CREDIT CORPORATION, Defendant-Appellee. No. 92-55972. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 9, 1993. Decided Dec. 21, 1993. Before: TANG, D.W. NELSON, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Sumitomo Bank of California ("SUMITOMO") appeals from the district court's denial of its second motion for reconsideration and imposition of a $300 sanction against SUMITOMO. The underlying dispute in this Chapter 11 case involves the district court's affirmance of the bankruptcy court's approval of a settlement agreement ("Agreement") between a secured creditor, Tokai Credit Corporation ("TOKAI") and DEBTORS' counsel. The Agreement provides, inter alia, for the payment of DEBTORS' attorney fees as a direct surcharge against TOKAI's collateral rather than as a general administrative expense of the…