Kang v. Cuzco Development U.S.A., LLC (In re Cuzco Development)

Case Type:
Business
Case Status:
Affirmed
Citation:
BAP No. HI-18-1033-BSL (9th Circuit, Apr 04,2019) Not Published
Tag(s):
Ruling:
Bankruptcy court did not abuse its discretion when denying requests to extend the deadline by claimant because claimant failed to prove excusable neglect.
Procedural context:
Kang and Migun brought several claims against Cuzco in a state court action. Cuzco filed a chapter 11 bankruptcy case, which stayed the state court action. The bankruptcy court denied Kang's request to extend the deadline for filing direct testimony declarations and to continue the evidentiary hearing. The bankruptcy court also sustained Cuzco's objection to Kang's claim because of the insufficiency of evidence provided by Kang to establish Cuzco's liability.
Facts:
Kang incorporated her retail business under the name Migun. The property where the store was located was sold to Cuzco Development. Shortly after the purchase, Cuzco began a major reconstruction of the property's roof and parking lot. Migun and Cuzco entered into a commercial lease agreement.
Judge(s):
Brand, Spraker, Lafferty

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