Opinion
BAP No. NM–13–046. Bankruptcy No. 12–13262. Adversary No. 12–01319.
2014-04-9
In re Jack D. PICKEL, formerly doing business as Officer of Alameda Land Investment Corporation, doing business as Sole Member Alameda Virgin Islands Company, LLC, formerly doing business as Manager/Member of P.O.S.T. Land Ltd. Company, doing business as Officer of Club Comanche, Inc., doing business as J. Pickel & Company, Inc., Debtor. Mary Boehm, Plaintiff–Counter–Defendant–Appellant, v. Jack D. Pickel and Alameda Virgin Islands Company, LLC, Defendants–Counter–Claimants–Appellees.
Boehm's appeal of the bankruptcy court's decision, which held that the Agreement remained in full force and effect, and thus both parties were entitled to specific performance of all their rights under the Agreement, is ultimately based on her disagreement with that court's factual findings. We cannot say that those findings, essentially that Boehm repudiated the Agreement and Pickel tendered a timely and adequate cure, are clearly erroneous. Therefore, the bankruptcy court's order is hereby AFFIRMED.