Metcalf
Metcalf v. Golden (In re Adbox, Inc.)
Opinion
Lead Opinion
MEMORANDUM *
Donald and Janet Metcalf appeal the district court’s affirmance of the bankruptcy court’s (1) denial of their motion to recuse the bankruptcy judge and (2) grant of summary judgment in favor of appellees on the cross claims of tortious interference with prospective economic advantage, fraudulent transfer, and conspiracy. We affirm.
I.
We review the denial of a motion to recuse for abuse of discretion. In re Focus Media, Inc., 378 F.3d 916, 922 (9th Cir.2004). Although the Metcalfs have identified several ex parte contacts between the bankruptcy judge, his law clerk and counsel for appellees, those communications related to purely procedural matters. The Metcalfs have adduced no evidence that those communications affected the bankruptcy judge’s rulings. There was therefore no factual basis on which the bankruptcy judge’s “impartiality might reasonably be questioned,” id. at 929 (quoting 28 U.S.C. § 455 (a)), and the district court properly affirmed the bankruptcy court’s denial of the motion.
II.
The Metcalfs’ cross claims are all based upon the allegation that the appel-lees entered into an agreement to transfer Adbox’s assets to Accenta with the “actual intent…