1

NOT FOR PUBLICATION

UNITED STATES BANKRUPTCY APPELLATE PANEL

OF THE NINTH CIRCUIT

In re:

CHRISTIAN GADBOIS,

Debtor.

BAP No. CC-23-1012-LSF

Bk. No. 2:19-bk-10187-VZ

Adv. No. 2:21-ap-01158-VZ

MEMORANDUM∗

CHRISTIAN GADBOIS,

Appellant,

v.

MINTER FIELD AIRPORT DISTRICT, 

Appellee.

Appeal from the United States Bankruptcy Court

for the Central District of California

Vincent P. Zurzolo, Bankruptcy Judge, Presiding

Before: LAFFERTY, SPRAKER, and FARIS, Bankruptcy Judges.

INTRODUCTION

Debtor Christian F. Gadbois appeals the bankruptcy court’s entry of 

judgment in favor of defendant Minter Field Airport District (the 

“District”) in his adversary proceeding against the District seeking 

reinstatement of an office lease and damages for violation of the automatic

stay. After a half day of trial, and after Gadbois rested his case, the District 

∗ This disposition is not appropriate for publication. Although it may be cited for

whatever persuasive value it may have, see Fed. R. App. P. 32.1, it has no precedential 

value, see 9th Cir. BAP Rule 8024-1.

FILED

JUN 28 2023

SUSAN M. SPRAUL, CLERK

U.S. BKCY. APP. PANEL

OF THE NINTH CIRCUIT
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made an oral motion for judgment in its favor under Civil Rule 52(c),

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made applicable to this matter by Rule 7052. The motion, as articulated by 

the District, was based on “the doctrine of estoppel,” that being the 

complete disconnect between Gadbois’ bankruptcy filings, and the 

allegations in his adversary complaint. The bankruptcy court found that 

estoppel was appropriate, granted the motion, and entered judgment in 

favor of the District. We see no error and AFFIRM.

FACTS2

A. SRT Helicopters and the Lease with the District

Gadbois formed SRT Helicopters, LLC (“SRT LLC”) in California in 

2013. He was sole manager of SRT LLC at all relevant times. The SRT LLC 

Statement of Information filed with the Secretary of State on April 22, 2021

discloses its principal office address as 5215 Minter Field, Shafter, CA 

93263. At some point, SRT LLC created a website which identified it as a 

“full service helicopter company based in Bakersfield, California [which] 

provide[s] a range of initial flight training, specialized training and 

commercial operations.” On March 1, 2018, the District and “SRT 

Helicopters” entered into a lease agreement entitled AGREEMENT FOR 

1 Unless specified otherwise, all chapter and section references are to the

Bankruptcy Code, 11 U.S.C. §§ 101–1532, “Rule” references are to the Federal Rules of 

Bankruptcy Procedure, and “Civil Rule” references are to the Federal Rules of Civil 

Procedure.

2 We exercise our discretion to take judicial notice of documents electronically 

filed in the underlying bankruptcy case and adversary proceeding. See Atwood v. Chase 

Manhattan Mortg. Co. (In re Atwood), 293 B.R. 227, 233 n.9 (9th Cir. BAP 2003).
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TENANCY FROM MONTH TO MONTH (the “Lease”) for approximately 

1,700 sq. ft. of office space. The Lease, which provided for rent of $600 per

month, was executed by Gadbois as the representative of “SRT 

Helicopters.”

B. The bankruptcy filing

Gadbois filed his individual chapter 13 Petition on January 9, 2019.

Gadbois testified at trial that the “main reason” for the filing was to stop a 

foreclosure on real property. He filed his related Schedules A through J and 

Statement of Financial Affairs at the same time. He amended his Petition, 

Schedules, and Statement of Financial Affairs four times before the court 

confirmed his plan. In his then-most-recent version of his Schedules and 

statements, Gadbois stated under penalty of perjury that (1) he owned an 

entity called SRT Helicopters, LLC, (2) he was not the sole proprietor of 

any full- or part-time business, and (3) he did not personally own any 

business-related property. He apparently included the Lease in his 

Schedule G using a different address but did not list the District as a 

creditor.

Based on the information that Gadbois had provided to date, the 

court confirmed his chapter 13 plan on December 7, 2020. The plan 

provided for 100% payment to his unsecured creditors, estimated to total 

$52,406.00.

C. The District’s litigation against SRT LLC

By April 2020, the rent under the Lease was in arrears, and in 
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December 2020, the District filed an unlawful detainer action against SRT 

LLC. Gadbois concedes that the District did not learn of his personal 

bankruptcy filing until his attorney sent a letter to the District on January 

12, 2021, two years after the Petition was filed, and over a year after the 

court confirmed his plan. 

In February 2021, the District obtained a default judgment against

SRT LLC (not Gadbois) for possession and approximately $12,000 in 

damages. It filed a second complaint against SRT LLC (again, not Gadbois) 

for breach of contract and obtained a second default judgment for 

approximately $7,500 in March 2021. The Kern County Sheriff performed a 

lockout in April 2021, and the District moved the personal property in the 

location to a storage unit. Subsequently, the District permitted Gadbois to 

recover some but not all of the property. 

D. Gadbois’ post-confirmation, post-lockout amendments

Gadbois amended his Schedules three times after the bankruptcy 

court confirmed his plan. Some of these amendments were diametrically 

inconsistent with his prior disclosures and materially altered his reported 

financial condition.

On July 13, 2021, approximately seven months after plan 

confirmation and three months after the lockout, Gadbois for the first 

time claimed that he owned approximately 15-20 categories of “inventory 

and equipment at Debtor’s Minter Airfield space” worth $49,685. Gadbois 

did not serve this amendment on the District. This amendment was three 
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months after the District’s lockout and a week before Gadbois filed his 

adversary proceeding. The proof of service does not list the District as 

being served with the amendment. 

Later still, on November 22, 2021, Gadbois claimed for the first time 

that he owned “business-related property” and identified additional items 

of personal property with a value of “unknown.” Again, he did not serve 

the amendment on the District. 

E. The adversary proceeding and trial

1. The adversary complaint

On July 21, 2021, Gadbois filed an adversary proceeding against the

District. The complaint alleged a violation of the automatic stay based on

the District’s taking possession of the office space and personal property 

and for the recovery of “estate property.” The District timely answered the 

complaint. 

2. Trial

On September 15, 2022, the parties executed an Amended Joint PreTrial Stipulation for Violation of the Automatic Stay; Recovery of Property 

of the Estate (the “JPTO”). Trial took place on December 19, 2022. Two 

witnesses testified and were cross-examined: Gadbois and a representative 

of the District. All of the exhibits listed in the JPTO were admitted into 

evidence pursuant to the JPTO. 

After Gadbois rested, the District orally moved the bankruptcy court 

for judgment under Civil Rule 52(c), arguing that Gadbois “should be 
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estopped from taking inconsistent positions to gain an advantage.” The 

District argued that by failing to give it notice of the bankruptcy filing and 

failing to schedule the assets he now alleged were property of the estate, 

Gadbois should not be able to assert the opposite now, i.e., that the District 

was a creditor and that the property was his personally, not that of SRT 

LLC. 

In response to the oral motion, Gadbois acknowledged that “there 

were mistakes made,” that the “dba” was not listed properly, and that “it 

took a while to properly list the contents,” but he argued that the 

bankruptcy court made a finding when it confirmed the chapter 13 plan 

that the Petition was filed in good faith. Gadbois appears to have believed 

that such finding cleansed all his prior activities from any infirmity.3

Gadbois acknowledged that the Lease was rejected since it was not 

assumed but insisted that property of the estate under § 541(a) included

property acquired postpetition under § 1306 and therefore the rejection was 

irrelevant.

The bankruptcy court granted the motion from the bench. The court 

focused at the outset on Gadbois’ lack of credibility: 

[T]here are significant and repeated statements that are false 

with regards to whether he conducts sole proprietorships, has 

sole proprietorships, whether he has business properties, 

whether he has a lease -- he has a lease as the Debtor in this 

bankruptcy case, which is contradicted by his testimony today. 

3 This argument was not repeated in Gadbois’ briefs and is waived. 
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And I don’t have a good explanation for that. What I’ve heard 

is he’s a busy man and he travels.

Trial Tr., Dec. 19, 2022, p. 129-30. 

The bankruptcy court found that even without the credibility issue, 

Gadbois “has failed to carry his burden of proof in showing that the [L]ease 

was entered into with him as an individual, as opposed to SRT Helicopter, 

LLC.” The bankruptcy court concluded with its ruling that Gadbois was

“estopped from asserting a claim against this Defendant on the basis of 

termination of the lease.” 

The bankruptcy court entered judgment in favor of the District. 

Gadbois timely appealed. 

JURISDICTION

The bankruptcy court had jurisdiction under 28 U.S.C. §§ 1334 and 

157(b)(2)(A). We have jurisdiction under 28 U.S.C. § 158.

ISSUE

Did the bankruptcy court err in granting the District’s motion under 

Civil Rule 52(c)?

STANDARDS OF REVIEW

We review the bankruptcy court's findings of fact under Civil Rule 

52(c) for clear error and its conclusions of law de novo. Kuan v. Lund (In re 

Lund), 202 B.R. 127, 129 (9th Cir. BAP 1996). Whether the automatic stay 

provisions of § 362(a) have been violated is a question of law reviewed de 

novo. Eskanos & Adler, P.C. v. Leetien, 309 F.3d 1210, 1213 (9th Cir. 2002). 
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“De novo review requires that we consider a matter anew, as if no 

decision had been made previously.” Francis v. Wallace (In re Francis), 505 

B.R. 914, 917 (9th Cir. BAP 2014) (citations omitted). When we review a 

matter de novo, we give no deference to the bankruptcy court’s decision. 

Id.

We review the bankruptcy court’s decision whether to invoke judicial 

estoppel for an abuse of discretion. See Kobold v. Good Samaritan Reg’l Med. 

Ctr., 832 F.3d 1024, 1044 (9th Cir. 2016). Whether the bankruptcy court 

properly applied the judicial estoppel doctrine to the facts presented in the 

case is also reviewed for an abuse of discretion. See Arconic, Inc. v. APC Inv. 

Co., 969 F.3d 945, 950 (9th Cir. 2020). 

To determine whether the bankruptcy court has abused its discretion, 

we conduct a two-step inquiry: (1) we review de novo whether the 

bankruptcy court “identified the correct legal rule to apply to the relief 

requested” and (2) if it did, we consider whether the bankruptcy court’s 

application of the legal standard was illogical, implausible, or without 

support in inferences that may be drawn from the facts in the record. 

United States v. Hinkson, 585 F.3d 1247, 1263 (9th Cir. 2009) (en banc).

We may affirm on any basis supported by the record. Caviata Attached 

Homes, LLC v U.S. Bank, N.A. (In re Caviata Attached Homes, LLC), 481 B.R. 

34, 44 (9th Cir. BAP 2012) (citing Pac. Cap. Bancorp, N.A. v. E. Airport Dev., 

LLC (In re E. Airport Dev., LLC), 443 B.R. 823, 828 (9th Cir. BAP 2011)).
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DISCUSSION

Gadbois does not argue that the bankruptcy court erred in granting 

the Civil Rule 52(c) motion on the basis of “estoppel,” which we take to 

mean judicial estoppel. He does not argue that he was prejudiced or denied 

due process by the sudden end to the trial. He does not argue that he was 

surprised or prejudiced by the court’s consideration of the oral motion or

did not receive an appropriate opportunity to oppose it. Rather, Gadbois

focuses on the alleged failings of the bankruptcy court’s findings that (1) 

“Gadbois did not carry his burden of proof that Gadbois was the lessee on 

the subject lease in making its ruling that there was no violation of the 

automatic stay,” and (2) “[the District] was not holding property of the 

Gadbois bankruptcy estate without applying any legal standard or 

incorrect legal standard for determination of property of the estate.”

A. The bankruptcy court did not abuse its discretion in granting the 

Civil Rule 52(c) motion based on judicial estoppel. 

While the bankruptcy court did not discuss the specific requirements

of judicial estoppel, we agree that it applies to prevent Gadbois from 

“asserting a claim in a legal proceeding that is inconsistent with a claim 

taken by that party in a previous proceeding.” New Hampshire v. Maine, 532 

U.S. 742, 749 (2001). “[W]here a party assumes a certain position in a legal 

proceeding, and succeeds in maintaining that position, he may not 

thereafter, simply because his interests have changed, assume a contrary 

position, especially if it be to the prejudice of the party who has acquiesced 
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in the position formerly taken by him.” Id. The Supreme Court noted in 

New Hampshire that there are two factors in determining whether judicial 

estoppel is appropriate:

First, a party’s later position must be “clearly 

inconsistent” with its earlier position. Second, courts regularly 

inquire whether the party has succeeded in persuading a court 

to accept that party’s earlier position, so that judicial acceptance 

of an inconsistent position in a later proceeding would create 

“the perception that either the first or the second court was 

misled[.]”

Id. at 750. (citations omitted).

Both factors are easily met here. Gadbois’ bankruptcy Schedules and 

plan could not be more clear that, on the petition date, he was simply a W-2 

employee who owned an LLC, which engaged in a business or, at least, 

owned flight training equipment and other personal property. The 

Schedules are replete with statements, made under penalty of perjury, that 

SRT LLC owned a business which owned property including claims 

against other entities. To change that position and assert that he personally

owned and operated the business and all of its assets as a sole proprietor is 

completely inconsistent with and contradicts his Schedules, the various 

preconfirmation amendments, and his chapter 13 plan. 

Second, Gadbois asked the bankruptcy court to confirm his chapter 

13 plan, which it did. The plan was based on the Schedules and 

amendments to that date. The chapter 13 trustee relied on those Schedules 

and amendments when doing her investigation and making her 
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recommendations to the court. Many of the findings required to be made at 

confirmation would have come from the Schedules as they existed at that 

time. The plan itself had no provision for payment of a prepetition or 

postpetition debt owed to the District. It did not assume or even mention 

the Lease. It did not account for the value of the business assets. Had 

Gadbois asserted a direct relationship with the District, the plan would 

have been different than the one confirmed if for no other reason than, at 

the time of confirmation, he was behind on the rent then owing to the 

District. Moreover, Gadbois has not amended (or even offered to amend) 

the plan based on his new position. 

Accordingly, based on Gadbois’ change of position regarding the 

District, the bankruptcy court, the chapter 13 trustee, and the creditors 

were misled as to the basis for confirming the plan. New Hampshire applies,

and Gadbois is judicially estopped from asserting the later inconsistent 

position. 

B. Even if judicial estoppel did not apply, the Civil Rule 52(c) motion 

was properly granted because Gadbois did not establish a prima 

facie case against the District. 

Civil Rule 52(c) states:

If a party has been fully heard on an issue during a 

nonjury trial and the court finds against the party on that issue, 

the court may enter judgment against the party on a claim or 

defense that, under the controlling law, can be maintained or

defeated only with a favorable finding on that issue. The court 

may, however, decline to render any judgment until the close of 
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the evidence. A judgment on partial findings must be 

supported by findings of fact and conclusions of law as 

required by Rule 52(a).

Gadbois rested his case before the District made its Civil Rule 52(c)

motion; he had been fully heard by that time. His claims are set forth in the 

JPTO: first, violation of the automatic stay; second, recovery of property of 

the estate. 

Initially, the filing and prosecution of the unlawful detainer could not

itself have been a violation of § 362(a)(1) because the defendant in the 

complaint and throughout the proceedings was the non-debtor SRT LLC. 

Therefore, it was not an action against the debtor as prohibited by

§ 362(a)(1). The judgment was against the LLC, not against Gadbois. 

Therefore, as the bankruptcy court correctly noted, the issue in both 

of Gadbois’ claims was whether the District violated § 362(a)(3) which 

prohibits “any act to obtain possession of property of the estate or of 

property from the estate or to exercise control over property of the estate.”

The District concedes that it took and continues to have possession of 

property but denies that it is property of the estate. To prevail, Gadbois 

was required to offer evidence which established that the personal 

property located in the office space was his personal property.

The evidence Gadbois offered at trial, that the property then in the 

possession of the District belonged to him and not SRT LLC, was primarily 

his personal testimony. He offered no comprehensive inventory of what 

was taken, no receipts showing that he, rather than the LLC, purchased the 
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items, and no sufficient evidence of what their value was at the time

beyond his own general estimation at trial. Gadbois commented at trial 

about the approximate value of the flight suits allegedly taken but nothing 

else that would allow the bankruptcy court to enter a damages award 

against the District. 

Based on what Gadbois submitted to the bankruptcy court, the court

could not have made a favorable finding on the issue of ownership of the 

personal property then in the possession of the District. As the bankruptcy 

court made a specific finding that Gadbois was not credible, it was 

appropriate that his testimony was given little to no weight. Thus, there

was no error by the bankruptcy court as to its entry of judgment based on 

Civil Rule 52(c).

C. The bankruptcy court did not err in ruling that Gadbois failed to

carry his burden of proof that Gadbois was the lessee on the

subject lease. 

Gadbois argues that the bankruptcy court erred in its finding that

“Gadbois did not carry his burden of proof that Gadbois was the lessee on 

the subject lease in making its ruling that there was no violation of the 

automatic stay.” We disagree.

At trial, Gadbois made much of the fact that the representative of the 

District did not do any background check nor any investigation of Gadbois

before executing the lease. In his Opening Brief, he offers no legal support 

establishing that the District had an obligation to do that or that the failure 

to do that investigation supported his position that he was the lessee rather 
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than SRT LLC. But the bankruptcy court did not make a finding as to who 

was the lessee; only that Gadbois did not offer sufficient evidence at trial to 

permit the court to make a finding on the issue of fact either way. Because 

Gadbois bore the burden of proof, this was fatal to his case.

Further, Gadbois does not explain how a finding that Gadbois was 

the lessee personally would have led to a finding that the personal 

property in the office space belonged to Gadbois rather than the LLC.

Gadbois argues only that, because the bankruptcy court did not make 

specific findings about the evidence he did offer, the matter should be

remanded to the bankruptcy court “for the necessary findings.” This 

argument ignores the fact that the Civil Rule 52(c) motion was granted 

based solely on estoppel and therefore further findings would not have 

changed the result.

D. The bankruptcy court did not reach the issue of ownership of the 

property held by the District, and thus it was not required to 

“apply a legal standard” for the determination. 

Gadbois also argues that the bankruptcy court erred in finding that

the District “was not holding property of the Gadbois bankruptcy estate 

without applying any legal standard or incorrect legal standard for 

determination of property of the estate.” The argument is difficult to 

understand. The bankruptcy court did not make a finding that the District 

was or was not holding property belonging to Gadbois. Gadbois had the 

burden of establishing that the District held property of the bankruptcy 
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estate. He did not offer sufficient evidence to permit the court to make that 

finding.

Again, this argument ignores the fact that the Civil Rule 52(c) motion 

was granted based solely on estoppel. Even assuming Gadbois offered 

sufficient evidence to permit the bankruptcy court to determine the owner 

of the property in the District’s possession, the result would have been the 

same.

CONCLUSION

For these reasons set forth above, we AFFIRM.