Kunwar

Kunwar v. Birring

Good Law
48 F. App'x 709
United States Court of Appeals for the Ninth CircuitOctober 16, 2002Nos. 02-15673, EC-01-01229-HRYMOCalifornia388 words

Opinion

Lead Opinion

MEMORANDUM **

Involuntary Chapter 7 debtors Ram and Kamalgit Kunwar appeal pro se the Bankruptcy Appellate Panel’s (“BAP”) decision affirming a bankruptcy court judge’s findings and order in favor of creditors following a three-day trial in the creditors’ adversary proceeding against the Kunwars. We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We affirm.

We independently review the bankruptcy court’s decision. In re Vortex Fishing Sys., Inc., 277 F.3d 1057, 1064 (9th Cir. 2002). We review for clear error the bankruptcy court’s factual findings under 11 U.S.C. § 303 that the Kunwars’ claims were not subject to a “bona fide dispute,” and that the Kunwars are generally not paying their debts as they come due. Id. at 1069, 1072 .

Contrary to the Kunwars’ contentions, the bankruptcy court did not clearly err by finding that there was no legitimate dispute as to the Kunwars’ liability on the creditors’ breach of fiduciary duty and wage claims. See id. at 1064-65 (stating that “a bankruptcy court is not asked to evaluate the potential outcome of a dispute, but merely to determine whether there are facts that give rise to a legitimate disagreement over whether money is…

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