Idaho Agricultural Credit Ass'n v. Van Orden

MEMORANDUM *

Appellant/Creditor Idaho Agricultural Credit Association (“IACA”) appeals an unpublished decision of the United States Bankruptcy Appellate Panel for the Ninth Circuit (“the BAP”). 1 The BAP affirmed the bankruptcy court’s grant of summary judgment in favor of Appellees/Debtors Eugene and Carolyn Van Orden (“Debtors”), former potato and wheat farmers.

*761 IACA contends that the bankruptcy court erred in holding that under the confirmed Chapter 11 plan (“Plan”), Debtors were entitled to pay farm expenses using crop proceeds in which IACA held a first-priority lien. Initially, we note that only one of IACA’s arguments on appeal was preserved at each stage below. IACA did not raise its 11 U.S.C. § 363 (a) claim before the BAP, did not raise its budget default argument before the bankruptcy court, and did not raise its anticipatory breach or ambiguity arguments before either the bankruptcy court or the BAP. Accordingly, IACA waived these arguments. See Law Offices of David A. Boone v. Derham-Burk (In re Eliapo), 468 F.3d 592, 603 (9th Cir.2006); Burnett v. Resurgent Capital Servs. (In re Burnett), 435 F.3d 971, 975-76 (9th Cir.2006); Moldo v. Matsco, Inc. (In re…