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In re Han

United States Court of Appeals, Ninth Circuit
Nov 18, 2003
81 F. App'x 269 (9th Cir. 2003)

Opinion

Submitted November 10, 2003.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the Ninth Circuit Bankruptcy Appellate Panel Perris, Klein and Marlar, Bankruptcy Judges, Presiding. BAP No. CC-02-01038-PKMa.

Kwang-Wei Han, pro se, Santa Ana, CA, for Appellant.

Michael G. Spector, Esq., Law Offices of Michael G. Spector, Santa Ana, CA, for Appellee.


Before: KOZINSKI, SILVERMAN, and TALLMAN, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Kwang-Wei Han appeals pro se the Bankruptcy Appellate Panel's decision affirming the bankruptcy court's summary judgment in favor of McGaw Property Management, Inc. ("McGaw"). We have jurisdiction pursuant to 28 U.S.C. § 158(d). We review de novo questions of standing, Cole v. Oroville Union High Sch. Dist., 228 F.3d 1092, 1097-98 (9th Cir.2000), and we affirm. McGaw, a California corporation, had standing to bring an action against Han for embezzlement and conversion of McGaw's funds, and breach of fiduciary duty to McGaw. Cf., e.g., General Bedding Corp. v. Echevarria, 947 F.2d 1395, 1396 (9th Cir.1991) (aggrieved corporation had standing to maintain action against individual for conversion and breach of fiduciary duty).

We deny Han's motion for judicial notice filed May 2, 2003.

AFFIRMED.


Summaries of

In re Han

United States Court of Appeals, Ninth Circuit
Nov 18, 2003
81 F. App'x 269 (9th Cir. 2003)
Case details for

In re Han

Case Details

Full title:In re: Kwang-Wei HAN, Debtor, v. McGaw Property Management, Inc.…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 18, 2003

Citations

81 F. App'x 269 (9th Cir. 2003)