Joanne M. Weston, Debtor-appellant, v. William L. Conway, Trustee; Bryon Lee Lynch, Appellees, 134 F.3d 381 (9th Cir. 1998)Annotate this Case
Submitted January 12, 1998**Jan. 16, 1998
Appeal from the Ninth Circuit Bankruptcy Appellate Panel, No. EC-94-01235-VRH; Volinn, Russell, and Hagan, Judges, Presiding.
Before: BROWNING, KLEINFELD, and THOMAS, Circuit Judges.
JoAnne Weston appeals pro se a decision of the Bankruptcy Appellate Panel ("BAP") affirming bankruptcy court orders that: (1) denied Weston's motion to remove the trustee of her Chapter 7 bankruptcy estate and the trustee's counsel, (2) denied the trustee's counsel's final fee application, and (3) directed partial disgorgement of fees paid out under the trustee's counsel's interim fee application. We have jurisdiction under 28 U.S.C. § 158(d), and we affirm.
We review decisions of the BAP de novo. See Apte v. Japra (In re Apte), 96 F.3d 1319, 1322 (9th Cir. 1996). On appeal from the BAP, we review the bankruptcy court's rulings independently. See id. The bankruptcy court's findings of fact are reviewed for clear error and its conclusions of law are reviewed de novo. See Neben & Starrett, Inc. v. Chartwell Fin. Corp. ( In re Park-Helena Corp.), 63 F.3d 877, 880 (9th Cir. 1995), cert. denied, 116 S. Ct. 712 (1996). The bankruptcy court's decision regarding the proper amount of legal fees to be awarded is reviewed for an abuse of discretion. See id.
We affirm the decision of the BAP for the reasons set out in the BAP's memorandum decision filed on August 13, 1996.