9th Cir. Unpublished - In re FRB - Corporate Suspension = appeals dismissed

In an unpublished decision, the 9th Cir. affirmed the BAP in dismissing the appeals because of the corporate suspension and denied such parties motion for reconsideration. 

 

 

Traub Co. v. Coffee Break Serv., Inc., 425 P.2d 790, 792 (1967) (Under California

law, “a suspended corporation not shown to have been reinstated lacks the right or

capacity to defend an action or to appeal from an adverse decision.”).

Of important note, the Court found that equitable principles precluded a creditor at a late stage and after active participation to contest the filing of the petition as unauthorized.

In re FRB