United States Ninth Circuit

A decision reversing a bankruptcy court's denial of a motion brought by the SEC to dismiss debtors' bankruptcy petition is reversed where, although the SEC had standing and the case was not moot, the bankruptcy petition could not, under established precedent, be dismissed for "cause" under 11 U.S.C. section 707(a). (Amended opinion)

Appellate Information

• Argued 04/05/2005
• Decided 03/23/2007
• Published 07/03/2007

Judges

• BERZON, Circuit Judge:, Before:  SIDNEY R. THOMAS and MARSHA S. BERZON, Circuit Judges, and JAMES C. MAHAN, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Arthur A. Greenberg, Harold Gutenberg, and Don Lanson, Greenberg & Bass, Encino, CA, for the appellants.


• For Appellees:
  
• Giovanni P. Prezioso, Jacob H. Stillman, Katharine B. Gresham, and Hope Hall Augustini, Securities and Exchange Commission, Washington, DC, for the appellee.