- Spice 4 Life v. Rund (In re Java) B.R. (9th Cir. B.A.P. December 4, 2015)
- ** Not For Publication ** The Bankruptcy Appellate Panel for the Ninth Circuit held Spice 4 Life's claims were moot because it did not oppose a Trustee's Motion to Revoke a Living Trust which explicitly stated the property at issue was party of the bankruptcy estate prior to the sale of the property.
- Procedural context:
- After the sale of the commercial property at issue, the bankruptcy court denied Spice 4 Life's Motion to Vacate the Order Revoking the Living Trust which claimed certain commercial property as property of the Estate. Spice 4 Life appealed the denial.
- Prior to Debtor filing bankruptcy, Spice 4 Life put a piece of commercial property in Debtor's living trust. The property remained in the trust and upon filing bankruptcy and Trustee sought to revoke the living trust and claim the commercial property as part of the estate. Spice 4 Life was given proper notice but did not oppose the motion. After the motion was granted, and the property was sold, Spice 4 Life filed a Motion to vacate the Order.
- KURTZ, KIRSCHER and TAYLOR, Bankruptcy Judges
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