IN RE WIERSMA

Nos. 05-35246, 05-35248.

483 F.3d 933 (2007)

In re Jim Lee WIERSMA; In re Patricia Darlene Wiersma, Debtors, Jim Lee Wiersma; Patricia Darlene Wiersma, Appellants, v. Bank of the West, f/k/a United California Bank, Appellee, United States Trustee, Trustee-Appellee. In re Jim Lee Wiersma; In re Patricia Darlene Wiersma, Debtors, Bank of the West, f/k/a United California Bank, Appellant, v. Jim Lee Wiersma; Patricia Darlene Wiersma, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 6, 2007.


Attorney(s) appearing for the Case

Brent T. Robinson, Ling, Robinson, & Walker, Rupert, ID, for the debtors-appellants/cross-appellees.

Kelly Greene McConnell, Givens Pursley LLP, Boise, ID, for the appellee/cross-appellant.

Michele M. Mansfield and Knight Elsberry, United States Department of Justice, Executive Office for the United States Trustee, Washington, D.C., for the appellee.

Before: FERGUSON, O'SCANNLAIN, and FISHER, Circuit Judges.


FERGUSON, Circuit Judge:

Debtors Jim and Patricia Wiersma ("Debtors"), former dairy farmers, appeal the decision of the Bankruptcy Appellate Panel ("BAP") of the Ninth Circuit on issues related to their Chapter 11 bankruptcy case.

Debtors allege error in the BAP's conclusions that (1) creditor Bank of the West ("Bank") held a secure interest in Debtors' settlement proceeds; (2) issues pertaining to court approval of that settlement were moot; (3) the bankruptcy...

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