Gold Country Lenders v. Smith

MEMORANDUM*

Gold Country Lenders (“Gold Country”) appeals the Bankruptcy Appellate Panel’s (“BAP”) decision which, inter alia, reduced the bankruptcy court’s award in its favor by $15,000. Smith cross-appeals the BAP’s decision, raising over a dozen claims of error.

We have jurisdiction pursuant to 28 U.S.C. § 158 (d), and review the decision of the BAP de novo. Cool Fuel, Inc. v. Bd. of Equalization (In re Cool Fuel, Inc.), 210 F.3d 999, 1001 (9th Cir.2000). For the reasons assigned, we affirm the decision of the BAP in every respect.

*541 Because the parties are familiar with the facts, we recite here only those necessary to explain our decision.

I. BACKGROUND

In 1993, Hirsch borrowed $15,000 from Gold Country. 1 In consideration for the $15,000, Hirsch executed a note (“the S.P.S. note”) and deed of trust on a California property. S.P.S., a since-dissolved corporation, was the payee of the note. The deed of trust was also in S.P.S.’s favor and was recorded. Unfortunately, the S.P.S. note cannot now be found.

The Texerias later paid off S.P.S. on Hirsch’s behalf, and a note by Hirsch in the Texerias’ favor was executed for the same amount (“the Texeria note”). Shortly…