Amended Opinion Issued in "In re Cooper Commons"
On December 7, 2005, Ninth Circuit Court of Appeals issued an amended decision in Weinstein, Eisen & Weiss, LLP v. David A. Gill, Chapter 11 Trustee (In re Cooper Commons), 2005 U.S. App. LEXIS 26642 (9th Cir. December 7, 2005). In the original opinion, the court had held, inter alia, that based on its earlier opinion in In re Adam's Apple, Inc., 829 F. 2d 1484, it must begin with a presumption of the post-bankruptcy creditor's good faith and that it could not find facts to overcome the presumption in this case. Weinstein, Eisen & Weiss, LLP v. David A. Gill, Chapter 11 Trustee (In re Cooper Commons), 2005 U.S. App. LEXIS 19708 (9th Cir. September 13, 2005). In the amended opinion the discussion of the issue of good faith is much shorter and leaves out any analysis of precedent. Instead, the amended opinion reviews the bankruptcy court's finding of good faith for clear error and, finding none, accepts it.
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