and Submitted December 5, 2017 Pasadena, California
from the United States District Court No. 8:16-cv-01336-DSF
for the Central District of California Dale S. Fischer,
District Judge, Presiding
A. O'Keefe (argued), O'Keefe & Associates Law
Corporation P.C., Irvine, California, for Appellants.
Zur (argued), Landau Gottfried & Berger LLP, Los Angeles,
California, for Appellee.
Before: A. Wallace Tashima and Marsha S. Berzon, Circuit
Judges, and Matthew F. Kennelly, [*] District Judge.
panel reversed the district court's dismissal for lack of
standing of an appeal from a bankruptcy court order that
authorized a Chapter 7 trustee to assume the operating
agreement of a limited liability company whose interests were
implicated in the bankruptcy proceedings.
district court concluded that the members and original
president of the company lacked standing to challenge the
bankruptcy court order because, despite receiving adequate
notice of the trustee's assumption motion, they did not
file an objection or attend the hearing before the bankruptcy
and agreeing with the Fourth Circuit, the panel held that
attendance and objection are not prerequisites for satisfying
the "person aggrieved" requirement for prudential
standing. The panel remanded the case to the district court.
KENNELLY, DISTRICT JUDGE.
are members and the original president of Dillon Avenue 44,
LLC (Dillon), a limited liability company whose interests
have been implicated in the bankruptcy proceedings of Point
Center Financial, Inc. (PCF). They appealed from a bankruptcy
court order that, among other things, authorized PCF's
Chapter 7 trustee, Howard B. Grobstein, to assume
Dillon's operating agreement long after the deadline for
assuming or rejecting executory contracts had passed. The
district court dismissed the appeal on the ground that
Appellants lacked standing to challenge the bankruptcy court
order because, despite receiving adequate notice of the
motion, they did not file an objection or attend the hearing
before the bankruptcy court. We reverse.