BFOW, Inc. v. Hurt (In re Hurt)

MEMORANDUM *

Appellant BFOW, Inc. appeals the district court’s affirmance of the bankruptcy-court’s judgment in Adversary Proceeding No. 95-913 that Appellee Norma J. Hurt owned a 100 percent interest in the New River property before it was sold to BFOW and, thus, was entitled to 100 percent of the proceeds of the $125,000 sale. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm the district court’s judgment. Because the parties are familiar with the rather complicated factual and procedural history, we do not repeat it here except to the extent necessary for our disposition.

I.

In reviewing the bankruptcy court’s judgment, “ ‘[w]e stand in the same position as did the district court in reviewing the bankruptcy court’s order.’ United, States v. Wyle (In re Pacific Far E. Lines, Inc.), 889 F.2d 242, 244 (9th Cir.1989). We therefore review the bankruptcy court’s findings of fact for clear error and its conclusions of law de novo.” In re Levander, 180 F.3d 1114, 1118 (9th Cir.1999). Further, although “[w]e review the interpretation and meaning of contract provisions de novo,” DP Aviation v. Smiths Indus. Aerospace and Def. Sys. Ltd., 268 F.3d 829, 836 (9th Cir.2001)…