In Re Ferrante

51 F.3d 1473 33 Collier Bankr.Cas.2d 540 , 27 Bankr.Ct.Dec. 108 , Bankr. L. Rep. P 76,465 In re Michael A. FERRANTE; In re Geraldine L. Ferrante, Debtors. Edward WALSH, Chapter 11 Trustee in Bankruptcy, Plaintiff-Appellee, v. NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN, a Wisconsin corporation, Defendant-Appellant. No. 93-16700. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 13, 1995. Decided April 11, 1995. Leonard J. Martinet, Williams & Martinet, San Francisco, CA, for defendant-appellant. Linda Sorensen, Howard, Rice, Nemerovski, Canady, Robertson, Falk & Rabkin, San Francisco, CA, for plaintiff-appellee. Appeal from the United States Bankruptcy Appellate Panel. Before: NORRIS, WIGGINS, and FERNANDEZ, Circuit Judges. FERNANDEZ, Circuit Judge: 1 Northwestern National Insurance Company appeals the Bankruptcy Appellate Panel's affirmance of the bankruptcy court's summary judgment for Edward M. Walsh, Chapter 11 Trustee. Walsh had sued on a surety bond issued by Northwestern to Charles Duck, Walsh's predecessor as trustee for the estate of Michael and Geraldine Ferrante. The bankruptcy court surcharged Northwestern for…