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IN RE M CAPITAL CORP.

BAP Nos. No. CC-02-1234-MOKMA, CC-02-1199-MOKMA, Bankruptcy No. SA 99-16415.

290 B.R. 743 (2003)

In re M CAPITAL CORPORATION, Debtor. T.C. Investors; Robert Marlin, in His Capacity as Pledgeholder; Barry Marlin; Robyn Millan, Appellants, v. James J. Joseph, Disbursing Agent; Greater Acceptance Mortgage Corp.; John Rock; Michael A. Smith; Kenneth Marlin; Marlin Funding, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

March 11, 2003.

Attorney(s) appearing for the Case

Leonard M. Shulman, Marshack, Shulman, Hodges & Bastian LLP, Foothill Ranch, CA, Bennett L. Silverman, Gibson Dunn & Crutcher, Los Angeles, CA, for Appellants.

Todd C. Ringstad, Irvine, CA, for Greater Acceptance Mortgage Corp., John Rock, Michael A. Smith, James J. Joseph, Disbursing Agent, Danning, Gill, Diamond & Kollitz, LLP, Los Angeles, CA, for Appellees.

Before: MONTALI, KLEIN and MARLAR, Bankruptcy Judges.

ORDER DENYING MOTION TO DISMISS APPEAL

MONTALI, Bankruptcy Judge.

INTRODUCTION

In Thomas v. Namba (In re Thomas), 287 B.R. 782 (9th Cir. BAP 2002) we held that when the good faith of an asset purchaser is placed squarely at issue to determine whether the purchaser is entitled to the safe harbor of Bankruptcy Code section 363(m) (11 U.S.C. § 363(m)), limiting appellate remedies, the bankruptcy court must...

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