IN RE COOPER COMMONS LLC

No. 06-55624.

512 F.3d 533 (2008)

In re COOPER COMMONS LLC, Weinstein, Eisen & Weiss; David R. Weinstein; Sharon Z. Weiss, Appellants, v. David A. Gill, Chapter 7 Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 3, 2008.


Attorney(s) appearing for the Case

David R. Weinstein, Jacquelyn H. Choi, Los Angeles, CA, for the appellants.

John J. Bingham, Jr., John N. Tedford, IV, Los Angeles, CA, for the appellee.

Before: HARRY PREGERSON, JOHN T. NOONAN, and STEPHEN S. TROTT, Circuit Judges.


NOONAN, Circuit Judge:

Bankruptcy is an intensely practical affair. Bankruptcy seeks fair treatment for everyone. These two principles animate and guide the law within the statutory framework set by the Bankruptcy Code. In this case they appear to clash. On closer examination of the facts, the clash is chimerical.

Weinstein, Eisen and Weiss (the Firm) appeals the judgment of the district court affirming the order of the bankruptcy judge in favor of David A...

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