Opinion
Argued and Submitted December 7, 2005.
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Adam A. Burton, Esq., Burton Samini & Ghaderi LLP, Costa Mesa, CA, Mike Chekian, Esq., Los Angeles, CA, for Appellant.
Rebekah L. Parker, Esq., Los Angeles, CA, for Appellees.
Appeal from the Ninth Circuit Bankruptcy Appellate Panel, Brandt, Marlar, and Klein, Bankruptcy Judges, Presiding. BAP No. CC-03-01352-KMaB.
Before: PREGERSON, NOONAN, and THOMAS, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
As the parties are familiar with the facts and the procedural history of the case, we go at once to the dispositive issue. The Chengs acted as debtors when they filed the Lien Motion to protect their homestead exemption. The Chengs acted as debtors-in-possession when they filed an Objection to the K & S claim. As they acted in a different capacity they were not estopped by representations made as debtors. Moreover, it would be inequitable to allow K & S to assert its increased claim without the Chengs having opportunity to challenge it. Consequently, the judgment of the Bankruptcy Appellate Panel is AFFIRMED, and, in accordance with the judgment, the case is REMANDED to the Bankruptcy Court.