In the Matter Of: Fitness Holdings International

FILED

NOT FOR PUBLICATION APR 30 2013

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

In the Matter of: FITNESS HOLDINGS No. 11-56677

INTERNATIONAL, INC.,

D.C. No. 2:10-cv-00647-AG Debtor,

MEMORANDUM *

OFFICIAL COMMITTEE OF

UNSECURED CREDITORS, of the

ESTATE OF FITNESS HOLDINGS

INTERNATIONAL, INC.,

Appellant,

v.

HANCOCK PARK CAPITAL II, L.P., a Delaware Limited Partnership; PACIFIC

WESTERN BANK; KENTON VAN

HARTEN; MICHAEL FOURTICQ, Sr.;

HANCOCK PARK ASSOCIATES, III;

HANCOCK PARK ASSOCIATES,

Appellees.

Appeal from the United States District Court for the Central District of California Andrew J. Guilford, District Judge, Presiding

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Argued and Submitted February 4, 2013 Pasadena, California

Before: CALLAHAN, IKUTA, and HURWITZ, Circuit Judges.

In this Chapter 7 bankruptcy case, the bankruptcy court dismissed all the

trustee’s claims against defendants under Rule 12(b)(6) of the Federal Rules of

Civil Procedure. The district…