In Re S & S/moab Enterprises Debtor. Fryer/mcelhaney Joint Venture, Movant-Appellee v. S & S/moab Enterprises

83 F.3d 428 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 S & S/MOAB ENTERPRISES Debtor. FRYER/McELHANEY JOINT VENTURE, Movant-Appellee, v. S & S/MOAB ENTERPRISES, Respondent-Appellant. No. 95-55038. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 9, 1996. Decided April 25, 1996. 1 Before: O'SCANNLAIN and TROTT, Circuit Judges, and VAN SICKLE, District Judge. * 2 MEMORANDUM ** 3 We affirm the BAP's affirmance of the bankruptcy court's order dismissing S & S/Moab Enterprises's ("S & S") Chapter 11 case for bad faith and lifting the automatic stay retroactively to the time of filing. § 1112(b); § 362(d). 1 4 On appeal to this court, S & S argues: 1) this court should eliminate the judicially-inferred Chapter 11 good faith filing requirement; 2) the bankruptcy court clearly erred in making the findings underlying the court's ultimate factual conclusion of bad faith; 3) the finding of bad faith was, in any event,…