United States Ninth Circuit

In the dispute over the estate of J. Howard Marshall, II, who left nearly all of his assets to his son, E. Pierce Marshall, but excluded his wife, Vickie Lynn Marshall, also known as Anna Nicole Smith, and his other son, J. Howard Marshall, III, from receiving any part of his fortune, the decisions of the bankruptcy court are affirmed, where: 1) the non-random assignment of the Chapter 11 case of son Howard III and his wife Ilene (Debtors) to Bankruptcy Judge Bufford, was within the court’s discretion and in the interests of efficiency; 2) Judge Bufford did not abuse his discretion in denying the motion of Pierce's widow, Elaine T. Marshall, for recusal; 3) the bankruptcy court's confirmation of the Debtors' Chapter 11 Plan and denial of Elaine's motion to dismiss was correct; 4) the "Best Interests of Creditors" test did not apply to Pierce or his Texas fraud judgment against Howard III, where Pierce never filed a proof of claim in the Debtors' Chapter 11 proceedings, and the deadline for doing so had passed by the time the bankruptcy court confirmed the Plan; 5) the bankruptcy court's finding that the Debtors' Plan was proposed in good faith was not clearly erroneous, and the confirmation of the Plan was not an abuse of discretion; and 6) the bankruptcy court's finding that the Debtors' Chapter 11 petition was filed in good faith was not clearly erroneous.

Appellate Information

• Decided 06/28/2013
• Published 06/28/2013

Judges

• NGUYEN

Court

• United States Ninth Circuit

Counsel