Kagan v. Bigles

U.S. Court of Appeals for the First Circuit

Kagan v. Bigles

Opinion

[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]

United States Court of Appeals For the First Circuit

No. 99-9008

IN RE: EL SAN JUAN HOTEL CORP.,

Debtor,

____________________

MARSHALL J. KAGAN,

Creditor, Appellee,

v.

RODRIGO O. BIGLES,

Claimant, Appellant,

HANS LOPEZ STUBBE, Chapter 7 Trustee,

Trustee - Appellee.

____________________

No. 99-9009

IN RE: EL SAN JUAN HOTEL CORP.,

Debtor,

____________________

MARSHALL J. KAGAN,

Creditor, Appellee,

v.

RODRIGO O. BIGLES, Claimant, Appellant,

____________________

JOHN ELLIS, Intervener,

Trustee, Appellee,

UNITED STATES TRUSTEE,

Trustee, Appellee.

____________________

No. 99-9010

IN RE: EL SAN JUAN HOTEL CORP.

Debtor.

____________________

MARSHALL J. KAGAN,

Creditor, Appellee,

v.

RODRIGO O. BIGLES,

Claimant, Appellant,

HANS LOPEZ STUBBE, Chapter 7 Trustee,

Trustee, Appellee.

____________________

APPEALS FROM THE UNITED STATES BANKRUPTCY APPELLATE PANEL

FOR THE FIRST CIRCUIT

____________________

Before

Stahl, Circuit Judge, Bownes, Senior Circuit Judge, and Lipez, Circuit Judge. ____________________

Carlos A. Quilichini on brief for appellant Rodrigo O. Bigles. Carol Ann Rich and Campbell, Arellano & Rich on brief for John Ellis. Marshall J. Kagan on brief pro se. ____________________

September 27, 2000 ____________________ Per Curiam. In this latest chapter of the long-

running saga of the El San Juan Hotel's bankruptcy proceedings,

we are faced with an appeal by Rodrigo Otero Bigles, the

attorney for the hotel's Chapter 7 trustee, from the opinion of

the United States Bankruptcy Appellate Panel for the First

Circuit disallowing the award of attorneys' fees to Otero based

on a conflict of interest.1

Having carefully reviewed the submissions of the

parties before this Court, we affirm for the reasons stated in

the Bankruptcy Appellate Panel's well-reasoned decision. As we

have noted repeatedly, "[W]hen a lower court produces a

comprehensive, well-reasoned decision, an appellate court should

refrain from writing at length to no other end than to hear its

own words resonate." Sunview Condominium Assoc. v. Flexel

Int'l, Ltd.,

116 F.3d 962, 965

(1st Cir. 1997) (citation and

internal quotation marks omitted). This is such a case.

Affirmed. Costs to appellee.

1 The Bankruptcy Appellate Panel's order also removed Hans Lopez Stubbe as Chapter 7 trustee and remanded the case to the bankruptcy court for a recalculation of the proper measure of Lopez's compensation. Lopez has since settled his differences with the bankruptcy estate and has not participated in this appeal.

4

Reference

Status
Published