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Fikrou v. First Nationwide Mortgage Corp.
Citation: 32 F. App'x 473Docket: No. 00-17323, NC-00-01194-RYGR
Court: Court of Appeals for the Ninth Circuit; April 15, 2002; Federal Appellate Court
Guetatchew Fikrou appeals the dismissal of his bankruptcy court adversarial actions 98-5268 and 00-5251 by the Bankruptcy Appellate Panel (BAP). The BAP's dismissal is subject to review under 28 U.S.C. 158(d). The appellate court independently reviews the BAP's decision and reviews the bankruptcy court's findings of fact for clear error and conclusions of law de novo. The appeal regarding adversarial proceeding 98-5268 is affirmed based on the reasons outlined in the BAP's order dated October 17, 2000. For adversarial proceeding 00-5251, the court lacks jurisdiction as the order is not final. The motion filed on March 19, 2001, by Milpitas Realty, MISCO, Inc., and Homeowners RCC, Inc. is denied. The decision is affirmed in part and dismissed in part, with a note that this disposition is not for publication and may not be cited in future cases except as allowed by Ninth Circuit Rule 36-3.