Grego
Grego v. Pacific Western Bank
Opinion
Lead Opinion
Nunley, J.
ORDER
The matter is before this Court on Glenn Grego’s (“Appellant”) appeal of an *35 order of the United States Bankruptcy Court for the Eastern District of California. (Bardwil, J., Case No. 12-20064, ECF No. 204.) For the reasons discussed below, the order of the bankruptcy court is AFFIRMED.
I. Background
On review of the briefs submitted in this Court (ECF Nos. 11,15,19) and the bankruptcy court’s statement of the facts in its written ruling (ECF No. 16-1 at 11-17), the Court states the following background.
Appellant had an interest in commercial real property known as the Mariner’s Inn, in Cambria, California, over which the San Luis Obispo County Superior Court appointed a receiver in late January 2011. A few days later, Appellant filed his first bankruptcy case in the United States Bankruptcy Court for the Central District. The receiver did not give up control of the Mariner’s Inn until ordered to do so by the Central District bankruptcy court. Appellant then retook possession of the Inn, as a debtor in possession, 11 U.S.C. § 1101 . But Appellant lost possession on March 30, 2011, when the court sua sponte appointed a trustee in his. bankruptcy case, which was…