Si-Va Tech, Inc. v. CNB Bank & Trust

MEMORANDUM *

Si-Va Tech (“SVT”) appeals the district court’s judgment affirming the orders of the Bankruptcy court in two adversary proceedings arising from a Chapter 11 bankruptcy filed by SVT. The adversary complaints sought to extinguish Cupertino National Bank’s (“CNB” or “Bank”) deed of trust against real property owned by Zulfiqar Eqbal. The appeals arise from Eqbal’s fraudulent procurement of a loan from CNB. Appellants contend that the deed of trust by CNB was extinguished as a result of its rejection of SVT’s two alleged tenders or its alleged payment of Eqbal’s Bank loan.

We have jurisdiction pursuant to 28 U.S.C. §§ 1291 , 158(d) as this is an appeal from a final order of the district court. See Prestige Ltd. P’ship-Concord v. East Bay Car Wash Partners, 234 F.3d 1108, 1112-13 (9th Cir.2000). We affirm. Because the parties are familiar with the factual and procedural history, we do not recount it here except as necessary to explain our decision.

“The district court’s decision on appeal from a bankruptcy court is reviewed de novo.” Prestige Ltd., 234 F.3d at 1114 . In reviewing the bankruptcy court’s decision, this Court conducts a “de novo review of legal conclusions…