Kaler v. Slominski (In Re Keeley & Grabanski Land Partnership)

SMITH, Circuit Judge.

Kip Kaler, as trustee of the debtor’s bankruptcy estate, brought suit against Louie Slominski to avoid a land lease that Slominski and the debtor had entered. The bankruptcy court avoided and terminated the lease, ordered Slominski to pay rent for the period that he occupied the land, awarded Slominski an offset based on improvements that he made to the land, and denied the trustee’s motion for a new trial based on newly discovered evidence. Both parties appealed the bankruptcy court’s judgment to the Bankruptcy Appellate Panel (BAP). The BAP held that the bankruptcy…