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In re Callaway — 9th Cir. BAP (Oct 15, 2026)

No. 26-1006 Argued October 15, 2026 Published October 16, 2026

The Ninth Circuit Bankruptcy Appellate Panel hears three related appeals in Christopher Callaway's bankruptcy. Callaway was involved in a contract dispute with M. Dattani Credit Trust and held interests in San Francisco cannabis ventures. The property involved includes business ownership interests and legal claims, not just physical assets. A bankruptcy estate is the pool of property administered for creditors. The trustee asked for approval to sell estate assets; Callaway asked to have property abandoned back to him. A later motion asked the court to define the scope of abandonment. Those competing requests are behind these related appeals. Section three sixty-three provides for estate-property sales outside the ordinary course of business after notice and a hearing. Under Section five fifty-four B, a court may order abandonment after notice and a hearing if property is burdensome to the estate, or of inconsequential value and benefit to it. Abandonment can return property to the debtor, rather than selling it. A scrivener's error is a clerical or drafting mistake; the speakers dispute clarification versus expansion of an earlier order while an appeal is pending.

In re Callaway (No. 26-1006) — U.S. Bankruptcy Appellate Panel for the Ninth Circuit, argued October 15, 2026.

Sources
Argument audio — official Ninth Circuit BAP recording:https://cdn.ca9.uscourts.gov/datastore/media/2026/10/15/26-1006.mp3
Related appeals NC-26-1006, NC-26-1007 and NC-26-1080 — official BAP calendar:https://cdn.ca9.uscourts.gov/datastore/uploads/bap/hearings/2026%2010%2015%20SF.pdf
Contract dispute, business interests and earlier estate-administration background — June 26, 2024 bankruptcy decision, Document 44; not the orders now on appeal:https://www.govinfo.gov/content/pkg/USCOURTS-canb-3_24-bk-30082/pdf/USCOURTS-canb-3_24-bk-30082-0.pdf
Sale motion 116 and abandonment motion 114 — December 19, 2025 official calendar; scheduled motions, not dispositions:https://www.canb.uscourts.gov/sites/default/files/judge/calendar/12.19%20at%2010_0.pdf
Later motion 181 to define and compel abandonment — March 13, 2026 official calendar; scheduled motion, not disposition:https://www.canb.uscourts.gov/sites/default/files/judge/calendar/03.13%20at%2010_0.pdf
Bankruptcy-estate property — 11 U.S.C. §541(a):https://www.govinfo.gov/link/uscode/11/541
Sale outside the ordinary course — 11 U.S.C. §363(b):https://www.govinfo.gov/link/uscode/11/363
Abandonment and retained estate property — 11 U.S.C. §554:https://www.govinfo.gov/link/uscode/11/554
Clerical mistakes in orders — Civil Rule 60(a); term context, not an opinion on these appeals:https://www.law.cornell.edu/rules/frcp/rule_60

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