In Re: Yu Hua Long Investments, LLC et al

Justia Dockets & Filings Ninth Circuit California Central District In Re: Yu Hua Long Investments, LLC et al

In Re: Yu Hua Long Investments, LLC et al

Case Number:	2:2021cv07750
Filed:	April 20, 2022
Court:	US District Court for the Central District of California
Office:	Western Division - Los Angeles Office
Nature of Suit:	Bankruptcy Appeal (801)
Cause of Action:	28 U.S.C. § 0158 Notice of Appeal re Bankruptcy Matter (BAP)

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Date Filed	Document Text
February 9, 2023	Filing 30 MINUTE (IN CHAMBERS) Order Remanding Matter to Bankruptcy Court by Judge R. Gary Klausner: This Court affirmed the bankruptcy court's order on 4/20/2022. (ECF No. 25 .) Appellant then appealed to the Ninth Circuit, which reversed and remanded. (ECF No. 28 .) In its Memorandum the Ninth Circuit found that the incidental benefit doctrine is inapplicable in this case because "the l0 at issue.. was secured to provide operating funds for [the debtor] and to pay off existing debts....Even if [Appellant] acted in his own interest, the benefit conferred upon [debtor] was not merely incidental." (9th Cir. Mem. at 2- 3.) The Court REMANDS the matter to the bankruptcy court. (jp)
April 20, 2022	Filing 25 MINUTES (IN CHAMBERS) Order Re: Appeal from Bankruptcy Court's Order Reducting Appellant's Claim No. 15 [DE 17 ] by Judge R. Gary Klausner: The Court AFFIRMS the Bankruptcy Court's Order. (Made JS-6. Case Terminated.) (See Civil Minutes for further specifics). (jp)

Date Filed

Document Text

February 9, 2023

Filing 30 MINUTE (IN CHAMBERS) Order Remanding Matter to Bankruptcy Court by Judge R. Gary Klausner: This Court affirmed the bankruptcy court's order on 4/20/2022. (ECF No. 25 .) Appellant then appealed to the Ninth Circuit, which reversed and remanded. (ECF No. 28 .) In its Memorandum the Ninth Circuit found that the incidental benefit doctrine is inapplicable in this case because "the l0 at issue.. was secured to provide operating funds for [the debtor] and to pay off existing debts....Even if [Appellant] acted in his own interest, the benefit conferred upon [debtor] was not merely incidental." (9th Cir. Mem. at 2- 3.) The Court REMANDS the matter to the bankruptcy court. (jp)

April 20, 2022

Filing 25 MINUTES (IN CHAMBERS) Order Re: Appeal from Bankruptcy Court's Order Reducting Appellant's Claim No. 15 [DE 17 ] by Judge R. Gary Klausner: The Court AFFIRMS the Bankruptcy Court's Order. (Made JS-6. Case Terminated.) (See Civil Minutes for further specifics). (jp)

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