IN RE EPD INV. CO., LLC

Nos. 14-55740, 14-56478.

821 F.3d 1146 (2016)

In the Matter of EPD INVESTMENT COMPANY, LLC, and Jerrold S. Pressman, Debtors. Poshow Ann Kirkland, individually and as Trustee of the Bright Conscience Trust Dated September 9, 2009, Appellant, v. Jason M. Rund, Chapter 7 Trustee; John C. Kirkland, an individual, Appellees. In the Matter of EPD Investment Company, LLC, and Jerrold S. Pressman, Debtors. John C. Kirkland, an individual, Appellant, v. Jason M. Rund, Chapter 7 Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 9, 2016.


Attorney(s) appearing for the Case

David M. Axelrad , Steven S. Fleischman , and John F. Querio (argued), Horvitz & Levy LLP, Encino, CA, for Appellants Poshow Ann Kirkland, individually and as Trustee of the Bright Conscience Trust dated September 9, 2009, and John C. Kirkland.

Jeffrey I. Golden , Weiland Golden Smiley Wang Ekvall & Strok LLP, Costa Mesa, CA, for Appellant John C. Kirkland.

Steven T. Gubner , Corey R. Weber (argued), and Michael W. Davis , Brutzkus Gubner Rozansky Seror Weber LLP, Woodland Hills, CA, for Appellee Jason M. Rund, Chapter 7 Trustee.

Before: BARRY G. SILVERMAN and SUSAN P. GRABER, Circuit Judges, and JENNIFER A. DORSEY, District Judge.


OPINION

At issue in this appeal is whether a bankruptcy court erred in denying a motion to compel arbitration. We hold that it had discretion to decide the motion and that it did not abuse its discretion in denying it. We therefore affirm.

Plaintiff Jason Rund is the Chapter 7 Trustee for the estates of...

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