U.S. Court of Appeals for the First Circuit, 2000

Kagan v. Bigles

Kagan v. Bigles
U.S. Court of Appeals for the First Circuit · Decided September 27, 2000

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[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit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.

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.

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