United States Ninth Circuit

District court order permitting a bankrupt tenant's trustee to pursue recovery from the landlord of damages up to the full amount of the tenant's security deposit, including a letter of credit, is affirmed where: 1) the landlord forfeited a timeliness issue; 2) rejection of a lease did not bar the trustee's action; and 3) the bankruptcy court clearly erred in finding it had no jurisdiction over the claim.

Appellate Information

• Argued 12/06/2005
• Decided 02/23/2006
• Published 02/23/2006

Judges

• SCHWARZER, Senior District Judge:, Before: GOULD and BERZON, Circuit Judges, and SCHWARZER, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John R. Rizzardi and John R. Knapp, Cairncross & Hempelmann, P.S., Seattle, WA, for the appellants.


• For Appellees:
  
• Andrew A. Guy, Stoel Rives LLP, Seattle, WA, for the appellee.