In re Beachport Entertainment

396 F.3d 1083 In re BEACHPORT ENTERTAINMENT, Debtor, Howard M. Ehrenberg, Chapter 7, Trustee, Appellant, v. California State University, Fullerton Foundation, a Non-Profit corporation, Appellee. No. 03-55251. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 2, 2004. Filed February 3, 2005. Rebekah L. Parker, Los Angeles, CA, for the appellant. Paul L. Gale, Stradling Yocca Carlson & Rauth, Newport Beach, CA, for the appellee. Appeal from the Ninth Circuit Bankruptcy Appellate Panel Perris, Klein, and Baum, Bankruptcy Judges, Presiding. BAP No. CC-02-01268-KBaP. Before: TASHIMA, FISHER, and TALLMAN, Circuit Judges. TASHIMA, Circuit Judge. 1 Howard Ehrenberg, the Chapter 7 trustee ("Trustee"), appeals a decision of the Bankruptcy Appellate Panel ("BAP"), dismissing his appeal from an order of the bankruptcy court granting summary judgment in favor of the California State University, Fullerton Foundation ("Foundation"). The Trustee had brought an adversary proceeding in the bankruptcy court seeking to avoid an allegedly fraudulent transfer made by debtor Beachport Entertainment ("Debtor") to the Foundation. The BAP dismissed the Trustee's appeal for…