Legal Opinion · Dissent

Henry v. Official Committee of Unsecured Creditors of Walldesign, Inc. (In Re Walldesign, Inc.)

Court of Appeals for the Ninth Circuit

Decided October 2, 2017No. 15-56220, 15-56221Published

1DissentNguyen, Circuit Judge

Bankruptcy courts “are courts of equity” that “applfy] the principles and rules of *973equity jurisprudence.” Young v. United States, 535 U.S. 43, 50, 122 S.Ct. 1036, 152 L.Ed.2d 79 (2002) (quoting Pepper v. Litton, 308 U.S. 295, 304, 60 S.Ct. 238, 84 L.Ed. 281 (1939)). There is nothing equitable about today’s decision.

Donald Buresh, Sharon Phillips, and Lisa Henry are not Michael Bello’s family members, friends, or even close associates. They are a married couple who sold their property to Bello to fund their retirement and a small business owner who performed design and construction services…

2Cases cited17 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Young v. United StatesSupreme Court of the United States · 2002
  3. In Re Chase & Sanborn Corporation, F/k/a General Coffee Corporation, Debtors. Paul C. Nordberg, as Creditor Trustee v. Societe GeneraleCourt of Appeals for the Eleventh Circuit · 1988
  4. Peregrine Funding, Inc. v. Sheppard Mullin Richter & Hampton LLPCalifornia Court of Appeal · 2005
  5. Software Design & Application, Ltd. v. Hoefer & Arnett, Inc.California Court of Appeal · 1996

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