1. Whether the Court of Appeals for the Ninth Circuit fails to distinguish
between issues raised in the trial court and arguments there made, as this Court
and other Courts hold that appellate courts may be limited to the questions of law
raised or argued at the trial, but are not limited to the arguments there presented.

2. Whether the Court of Appeals may refuse to hear an argument where,
though the issue was raised, a specific case was not cited to the Bankruptcy
Appellate Panel, a rule apparently followed in the Ninth Circuit but not elsewhere.

3. Whether on de novo review, an appellate court should make an
"independent determination of the issues."

Whether the Court of Appeals for the Ninth Circuit improperly limited its review of trial court issues and arguments