Blohorn

Omega Environmental, Inc. v. Blohorn

Good Law
21 F. App'x 731
United States Court of Appeals for the Ninth CircuitNovember 5, 2001No. 00-35211; D.C. No. CV-99-00837-BJRCalifornia400 words

Opinion

Lead Opinion

MEMORANDUM *

Omega Environmental, Inc., appeals the district court’s judgment reversing the bankruptcy court’s decision. The district court concluded that Omega had no right to reimbursement payments from the state of Florida, and that the payments were improperly included in Omega’s bankruptcy estate. We have jurisdiction pursuant to 28 U.S.C. § 158 (d) and 28 U.S.C. § 1291 . We affirm.

We review de novo the bankruptcy court’s grant of summary judgment. Parker v. Cmty. First Bank (In re Bakersfield Westar Ambulance, Inc.), 123 F.3d 1243, 1245 (9th Cir.1997). We review for abuse of discretion the bankruptcy court’s order granting the motion for reconsideration. Arrow Elecs., Inc. v. Justus (In re Kaypro), 218 F.3d 1070, 1073 (9th Cir.2000). We review de novo the bankruptcy court’s conclusions of law, and for clear error the bankruptcy court’s factual findings. Pizza of Hawaii, Inc. v. Shakey’s, Inc. (In re Pizza of Hawaii, Inc.), 761 F.2d 1374, 1377 (9th Cir.1985).

According to Florida law, reimbursement payments “shall be issued to the person responsible for conducting site rehabilitation listed on the Certification Affidavit.” Fla. Admin. Code r. 62-773.700(8)(b) (2001). The…

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