IN RE 450 S. WESTERN AVE., LLC

BAP No. CC-21-1116-LFS Bk. No. 2:20-bk-10264-ER Adv. No. 2:21-ap-01030-ER.

633 B.R. 894 (2021)

IN RE: 450 S. WESTERN AVE., LLC, Debtor. Philmont Management, Inc., Appellant, v. 450 S. Western Ave., LLC, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed November 23, 2021.


Attorney(s) appearing for the Case

Jesse Sequoia Finlayson of Finlayson Toffer Roosevelt & Lilly LLP, Irvine, argued for appellant;

Moriah Douglas Flahaut of Arent Fox LLP, Los Angeles, argued for appellee.

Before: LAFFERTY, FARIS, and SPRAKER, Bankruptcy Judges.


OPINION

INTRODUCTION

Philmont Management, Inc. ("Philmont"), appeals the bankruptcy court's order dismissing with prejudice its adversary proceeding against chapter 111 debtor 450 S. Western Ave., LLC ("Debtor"). Philmont sought a determination of the validity of its mechanic...

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