Legal Opinion
AFI Holding, Inc. v. Brown
Court of Appeals for the Ninth Circuit
Decided June 17, 2008No. 06-56621PublishedCited by 68 opinions
1Opinion of the Court
ORDER
WARDLAW, Circuit Judge:
Carolyn A. Dye appeals from a decision of the United States Bankruptcy Appellate Panel (“BAP”) for the Ninth Circuit affirming the order of the bankruptcy judge removing her as Trustee for cause pursuant to 11 U.S.C. § 324 in this Chapter 7 proceeding.
I. Jurisdiction
We must first address the question whether we have jurisdiction over an order removing a trustee from an ongoing bankruptcy proceeding, a question of first impression in our circuit. The BAP concluded, and the parties agree, that the removal of a Bankruptcy Trustee is a final, appeal-able order. Our…
2Cases cited55 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- In Re SnyderSupreme Court of the United States · 1985
- Mosser v. DarrowSupreme Court of the United States · 1951
- In Re Larry T. & Cynthia J. Martin D/B/A a & W Drive-In Restaurant & Martin's Exxon, Debtors. Appeal of Larry T. & Cynthia J. MartinCourt of Appeals for the First Circuit · 1987
- In Re RobertsUnited States Bankruptcy Court, D. Utah · 1985
50 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- ASM Capital, LP v. Ames Department Stores, Inc. (In Re Ames Department Stores, Inc.)Court of Appeals for the Second Circuit · 2009
- Eden Place v. Sholem PerlCourt of Appeals for the Ninth Circuit · 2016
- Tammy Phillips v. Kevan GilmanCourt of Appeals for the Ninth Circuit · 2018
- SS Farms, LLC v. Sharp (In Re SK Foods, L.P.)Court of Appeals for the Ninth Circuit · 2012
- Ritchie Special Credit Investments, Ltd. v. United States TrusteeCourt of Appeals for the Eighth Circuit · 2010
63 more not listed; retrieve them via the Exa API.