899 F. 2d 18 - Kong Kong v. Farwest Builders

899 F2d 18 Kong Kong v. Farwest Builders

899 F.2d 18

Unpublished Disposition

In re Frederick H. KONG, aka Fred Kong, dba Giant Food Market, Debtor,
Frederick H. KONG, Appellant,
v.
FARWEST BUILDERS; Farwest Realty; County Bank of Merced;
Bill Gong; Sun How Lau Kong; Foster Dairy Farms, Appellees,
Jack A. Ulrich, Trustee-Appellee.

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

1

No. 89-15096.

2

United States Court of Appeals, Ninth Circuit.

Submitted March 15, 1990.*
Decided March 21, 1990.

3

Before WIGGINS and NOONAN, Circuit Judges, and A. WALLACE TASHIMA**, District Judge.

ORDER

4

Frederick H. Kong appeals a decision of the Bankruptcy Appellate Panel denying his motion to dismiss his Chapter 7 case or alternatively to reconvert the case to Chapter 11. Inter alia, he maintains that secured creditors do not fall within the jurisdiction of the bankruptcy court; that the attorney who first represented him was guilty of unconscionable incompetence; and that he has a present right to a Chapter 11 proceeding. His arguments are unpersuasive. We AFFIRM on the basis of the opinion of the Bankruptcy Appellate Panel.

*

The panel finds this case appropriate for submission without oral argument pursuant to Fed.R.App.P. 34(a) and Ninth Cir.R. 34-4

**

Honorable A. Wallace Tashima, United States District Judge for the Central District of California, sitting by designation