United Computer Capital Corp. v. NFC Financial

MEMORANDUM ***

NFC Financial (“NFC”) leased communications equipment to customers and assigned the leases to wholesale funding companies. United Computer Capital Corporation (“Unistar”) was one such wholesale funding source. After NFC filed for Chapter 11 bankruptcy, Unistar filed an amended proof of claim against NFC. NFC objected to the claim, asserting that Unistar owed NFC funds pursuant to a contract for the sharing of insurance premiums collected by Unistar on leases assigned to it by NFC. The bankruptcy court concluded that a contract existed covering the insurance premiums and entered judgment for NFC. Unistar appealed to the Bankruptcy Appellate Panel (“BAP”), which affirmed the bankruptcy court. Unistar appeals to this court, and we affirm.

We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We review de novo decisions of the BAP. See Alsberg v. Robertson (In re Alsberg), 68 F.3d 312, 314 (9th Cir.1995). We review de novo the bankruptcy court’s conclusions of law and review for clear error its findings of fact. See id. Where contract interpretation includes a review of factual evidence, this court reviews for clear error the finding of facts themselves but reviews de…