IN RE HASHIM

BAP No. AZ-07-1145-KDN, Bankruptcy No. 94-09453-CGC, Adversary No. 96-00668-CGC.

379 B.R. 912 (2007)

In re Jawad Mahmoud HASHIM, Debtor. Arab Monetary Fund, Appellant, v. Jafar Hashim; Maryam Salass; Ali Salass; Jawad Mahmoud Hashim; JHH Canadian Capital Corporation; 1954920 Nova Scotia Limited; Mark D. Hashimoto, Chapter 7 Trustee; Louis A. Movitz, Chapter 7 Trustee; 1954933 Nova Scotia Limited; Westfalen Bank International, S.A., Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed December 6, 2007.


Attorney(s) appearing for the Case

Donald L. Gaffney, Esq., Snell & Wilmer, L.L.P., Phoenix, AZ, for Appellant.

Warren J. Stapleton, Esq., Stinson Morrison Hecker, LLP, Phoenix, AZ, for Appellees.

Before: KLEIN, DUNN and NEITER, Bankruptcy Judges.


OPINION

KLEIN, Bankruptcy Judge.

The appellant won a $49.6 million judgment against the debtor, followed him into bankruptcy court, and filed an adversary proceeding to recover embezzled funds allegedly transferred or concealed by the debtor, in which it named the chapter 7 trustee as a defendant. The court declined to permit appellant to maintain an action to recover for the benefit of the estate and denied the trustee's motion to be realigned as plaintiff...

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