Pang
Pang v. Fong
Opinion
Lead Opinion
MEMORANDUM ***
Clifford L.K. Pang (“Pang”) appeals the Bankruptcy Appellate Panel’s (“BAP”) decision affirming the bankruptcy court’s finding that the debt Peter Sui-Lun Fong (“Fong”) owed to Pang was dischargeable under 11 U.S.C. § 528 (a)(2)(A), and that Fong breached no fiduciary duty toward Pang within the meaning of 11 U.S.C. § 528 (a)(4).
This Court reviews decisions of the BAP de novo. Pioneer Liquidating Corp. v. U.S. Tr. (In re Consol. Pioneer Mortgage Entities), 264 F.3d 808, 806 (9th Cir.2001). In appeals from the BAP’s decisions, we independently review the bankruptcy court’s rulings. Ardmor Vending Co. v. Kim (In re Kim), 130 F.3d 863, 865 (9th Cir.1997). This Court reviews the bankruptcy court’s conclusions of law de novo, and its factual findings for clear error. Id. If there “are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.” Rifino v. United States (In re Rifino), 245 F.3d 1083, 1086 (9th Cir.2001). This Court reviews de novo the bankruptcy court’s application of the legal standard in determining whether a debt is dischargeable. Id. at 1087 . This Court reviews the bankrupt cy court’s finding of no…