In Re Dsl, Inc., Debtor. Dsl, Inc., Debtor-Appellant v. John M. England, Anthony G. Sousa, Trustees-Appellees

Good Law
15 F.3d 1084·1994 WL 19048·1994 U.S. App. LEXIS 6745
United States Court of Appeals for the Ninth CircuitJanuary 25, 199492-16616California369 words

Opinion

Opinion

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 DSL, INC., Debtor. DSL, INC., Debtor-Appellant, v. John M. ENGLAND, Anthony G. Sousa, Trustees-Appellees. No. 92-16616. United States Court of Appeals, Ninth Circuit. Submitted Jan. 14, 1994. * Decided Jan. 25, 1994. 1 Before: SCHROEDER and NOONAN, Circuit Judges, and JONES, ** District Judge. 2 MEMORANDUM *** 3 Appellants Barton and Kleines contend that Bankruptcy Judge Karlson applied a per se rule denying their request for a nunc pro tunc appointment in a bankruptcy case. The judge did not apply a per se rule; rather, he properly applied the law of this Circuit on nunc pro tunc appointments. The law allows nunc pro tunc appointments, but only in cases where there exist "exceptional circumstances where an applicant can show both a satisfactory explanation for the failure to receive prior judicial approval and that he or she has benefited the bankrupt estate in some significant manner." In re THC Financial…

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