In Re: Clifton Capital Group, LLC v. Bradley Sharp

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

In the Matter of: EAST COAST No. 21-55967

FOODS, INC.,

D.C. No. 2:20-cv- Debtor, 10982-MWF

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OPINION

CLIFTON CAPITAL GROUP, LLC,

Appellant,

v.

BRADLEY D. SHARP, former Chapter 11 Trustee,

Appellee.

Appeal from the United States District Court for the Central District of California Michael W. Fitzgerald, District Judge, Presiding

Argued and Submitted September 2, 2022 Submission Withdrawn September 26, 2022 Resubmitted May 2, 2023 Pasadena, California 2 CLIFTON CAPITAL GROUP, LLC V. SHARP

Filed May 8, 2023

Before: Milan D. Smith, Jr. and Ryan D. Nelson, Circuit Judges, and Gershwin A. Drain, * District Judge.

Opinion by Judge R. Nelson

SUMMARY **

Bankruptcy

The panel reversed the district court’s order affirming the bankruptcy court’s enhanced fee award to the trustee in a funded Chapter 11 bankruptcy and remanded with instructions to dismiss creditor Clifton Capital Group, LLC’s appeal for lack of Article III standing. Clifton was chair of an official committee of unsecured creditors appointed by the Office of the United…