Thompson

Captain Blythers, Inc. v. Thompson

Good Law
182 F. App'x 708
United States Court of Appeals for the Ninth CircuitMay 24, 2006No. 04-16519California552 words

Opinion

Lead Opinion

MEMORANDUM *

After Captain Blythers, Inc. (“CBI”) defaulted on its confirmed Chapter 11 reorganization plan, the bankruptcy court converted the Chapter 11 proceeding to a Chapter 7 proceeding. The trustee then *709 sought a declaration from the bankruptcy court that an adversary proceeding commenced by CBI against its landlord belonged to the Chapter 7 bankruptcy estate. The bankruptcy court granted summary judgment in favor of the trustee and the Bankruptcy Appellate Panel (“BAP”) upheld that decision. Captain Blythers, Inc. v. Thompson (In re Captain Blythers, Inc.), 311 B.R. 530 (9th Cir.BAP (Cal.) 2004). We affirm.

We conduct de novo review of a BAP decision, Burnett v. Resurgent Capital Servs. (In re Burnett), 435 F.3d 971, 975 (9th Cir.2006), and independently review a bankruptcy court’s ruling on appeal from the BAP. Miller v. Cardinale (In re De Ville), 361 F.3d 539, 547 (9th Cir.2004). A grant or denial of summary judgment by a bankruptcy court is also reviewed de novo. Thrifty Oil Co. v. Bank of Am. Nat’l Trust & Sav. Ass’n, 322 F.3d 1039, 1046 (9th Cir.2003); Prestige Ltd. P’shp. v. E. Bay Car Wash Partners (In re Prestige P’ship-Concord), 234 F.3d 1108, 1112-14 (9th…

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