Sofris, et al v. Maple-Whitworth, Inc

Filing 920090311


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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT In the Matter of: MAPLEWHITWORTH, INC., Debtor MICHAEL N. SOFRIS, aka Sofris APC, Appellant, v. MAPLE-WHITWORTH, INC.; UNITED STATES TRUSTEE; LARRY WEINSTOCK; MICA BINTU-BROWN; and EMANUEL PEREZ, Appellees. No. 07-56537 BAP No. CC-06-01098-KNB Central District of California, Los Angeles OPINION Appeal from the Ninth Circuit Bankruptcy Appellate Panel Klein, Nielsen, and Brandt, Bankruptcy Judges, Presiding Argued and Submitted December 9, 2008--Pasadena, California Filed March 11, 2009 Before: John T. Noonan and Barry G. Silverman, Circuit Judges, and Suzanne B. Conlon,* District Judge. Opinion by Judge Conlon *The Honorable Suzanne B. Conlon, United States District Judge for the Northern District of Illinois, sitting by designation. 3121 3122 IN THE MATTER OF MAPLE-WHITWORTH COUNSEL Michael N. Sofris, Michael N. Sofris APC, Beverly Hills, California, for the appellant Michael N. Sofris, aka Sofris APC. Jerry Kaplan; David Scott Kadin, Kaplan, Kenegos & Kadin, Beverly Hills, California, for the appellee Maple-Whitworth, Inc. OPINION CONLON, District Judge: This court's February 10, 2009 opinion recounts that Sofris, joined by others in the Mayman-Nathan faction, filed an involuntary Chapter 7 petition against Maple-Whitworth under 11 U.S.C. 303(a)-(b). Michael N. Sofris, aka Sofris APC v. Maple-Whitworth, Inc. (In re Maple-Whitworth, Inc.), ___ F.3d ___, No. 07-56537, 2009 WL 310902, at *1 (9th Cir. Feb. 10, 2009). This statement adopts the Bankruptcy Appellate Panel's characterization of the involuntary petition as a Chapter 7 petition. Michael N. Sofris, APC v. MapleWhitworth, Inc. (In re Maple-Whitworth, Inc.), 375 B.R. 558, 563 (B.A.P. 9th Cir. 2007). Sofris filed a notice of errata stating that the involuntary petition was a Chapter 11 petition. No objection to the notice of errata has been filed. The record confirms that the involuntary petition sought relief under IN THE MATTER OF MAPLE-WHITWORTH 3123 Chapter 11. The February 10, 2009 opinion is corrected to reflect that the involuntary petition invoked Chapter 11, not Chapter 7.

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