Han

Han v. McGaw Property Management, Inc.

Good Law
22 F. App'x 926
United States Court of Appeals for the Ninth CircuitJanuary 2, 2002No. 01-55172; BAP No. CC-99-01857-MaAPCalifornia260 words

Opinion

Lead Opinion

MEMORANDUM **

Kwang-Wei Han appeals pro se the Bankruptcy Appellate Panel’s (“BAP”) decision affirming the bankruptcy court’s decision finding Han’s lease with McGaw Property Management, Inc. (“MPM”) voidable and permanently barring Han from the property managed by MPM. We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We review the decision of the BAP de novo, Walsh v. Northwestern Nat’l Ins. Co. (In re Ferrante), 51 F.3d 1473, 1476 (9th Cir.1995), and independently review the bankruptcy court’s rulings, Beaupied v. Chang (In re Chang), 163 F.3d 1138, 1140 (9th Cir.1998). We review the bankruptcy court’s conclusions of law de novo and its *927 findings of fact for clear error. Id. We affirm.

The bankruptcy court properly voided the lease between Han and MPM because Han was a fiduciary of MPM at the time the lease was approved and failed to meet his burden of proving the lease was just and reasonable to MPM. See California Corporations Code §§ 309(a), 310(a)(3); Remillard Brick Co. v. Remillard-Dandi-ni Co., 109 Cal.App.2d 405, 419-20 , 241 P.2d 66 (1952).

Because the bankruptcy court found that Han interfered with MPM’s management of its property and its relationship with…

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