In Re: Vitamins Online, Inc. v. Heartwise, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 20 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

In re: HEARTWISE, INC., No. 22-60060

Debtor, BAP No. 22-1089

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VITAMINS ONLINE, INC., MEMORANDUM*

Appellant,

v.

HEARTWISE, INC.; MAGLEBY,

CATAXINOS & GREENWOOD, P.C.,

Appellees.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel Gan, Lafferty III, and Spraker, Bankruptcy Judges, Presiding

Submitted June 13, 2024** Pasadena, California

Before: MURGUIA, Chief Judge, and CHRISTEN and VANDYKE, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Vitamins Online, Inc. (“VOL”) appeals the Bankruptcy Appellate Panel’s

order affirming the bankruptcy court’s decision to permissively abstain from

resolving its competing claims…