North

North v. Desert Hills Bank

Good Law
212 F. App'x 626
United States Court of Appeals for the Ninth CircuitDecember 8, 2006No. 05-15790California369 words

Opinion

Lead Opinion

MEMORANDUM **

Gerald D.W. North appeals pro se the district court’s judgment affirming the bankruptcy court’s February 23, 2004 order appointing a Chapter 11 trustee. We review for abuse of discretion. Lowenschuss v. Selnick, 171 F.3d 673 , 685 (9th Cir.1999). We affirm.

Under the bankruptcy code, “[a]t any time after the commencement of the ease but before confirmation of a plan, on request of a party in interest ... and after notice and a hearing, the court shall order the appointment of a trustee—(1) for cause ... (2) if such appointment is in the best interest of creditors ... or (3) if grounds exist to convert or dismiss the case under section 1112.” See 11 U.S.C. § 1104 (a). The bankruptcy court granted Desert Hills’ motion for cause under 11 U.S.C. § 1104 (a)(1) and in the best interests of creditors under 11 U.S.C. § 1104 (a)(2). Either one of these two, independent *627 grounds was sufficient to justify granting Desert Hills’ motion. North’s non-compliance with the bankruptcy court’s January 7, 2004 order and repeated failure to comply with the bankruptcy code were good cause to appoint a trustee and to support the bankruptcy court’s finding that it was in the…

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