Silver Sage Partners, Ltd. v. City of Desert Hot Springs

ORDER

The opinion filed April 29, 2003, and found at 327 F.3d 930 , is hereby amended as follows:

With this amendment, the panel has voted to deny appellant’s petition for panel rehearing. Judge Berzon has voted to deny the petition for rehearing en banc and Judges Ferguson and Hall so recommend. The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for panel rehearing and the petition for rehearing en banc are DENIED.

The clerk shall accept no further filings in this specific appeal.

OPINION

Silver Sage Partners, Ltd. (“Silver Sage”) appeals the Bankruptcy Appellate Panel’s (“BAP”) dismissal of its appeal from an order of the bankruptcy court denying Silver Sage’s objection to and motion to dismiss a chapter 9 bankruptcy. After the City of Desert Hot Springs (“City”) filed for bankruptcy protection under chapter 9 of the bankruptcy code, 11 U.S.C. § 901 et seq., Silver Sage objected to and moved to dismiss the bankruptcy, claiming that it was brought in bad faith. The bankruptcy court denied its motion. Silver Sage appealed to the BAP. The BAP construed…