Keenan

Keenan v. Pyle

Good Law
135 F. App'x 921
United States Court of Appeals for the Ninth CircuitJune 22, 2005No. 03-56609California355 words

Opinion

Lead Opinion

*922 MEMORANDUM **

Chapter 11 Debtor James W. Keenan appeals the district court’s order affirming the bankruptcy court’s order denying his motion for removal of Ross M. Pyle as the liquidating Trustee. We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We review de novo the district court’s decision on appeal from a bankruptcy court. See In Re Olshan, 356 F.3d 1078, 1083 (9th Cir.2004). The bankruptcy court’s conclusions of law are reviewed de novo and its factual findings for clear error. Id. We accept the bankruptcy court’s findings of fact unless upon review we are left with a definite and firm conviction that a mistake has been committed. See Latman v. Burdette, 366 F.3d 774, 781 (9th Cir.2004).

The district court affirmed the bankruptcy court’s ruling that there was no basis in law or fact for removal of the Trustee either under the terms of the Plan of Reorganization or by statute. The district court also affirmed the bankruptcy court’s ruling that the Trustee did not have a conflict of interest or an interest adverse to the Estate which necessitated his removal. Debtor’s arguments do not leave us with a definite and firm conviction that a mistake has been committed.…

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