Narrative Opinion Summary
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 The decision is affirmed in part and dismissed in part, with a note that this disposition is not for publication and may not be cited in future cases except as allowed by Ninth Circuit Rule 36-3.
Legal Issues Addressed
Affirmation of Bankruptcy Appellate Panel's Decisionsubscribe to see similar legal issues
Application: The appellate court affirms the BAP's dismissal of adversarial proceeding 98-5268 based on the reasons provided in the BAP's order.
Reasoning: The appeal regarding adversarial proceeding 98-5268 is affirmed based on the reasons outlined in the BAP's order dated October 17, 2000.
Appellate Review under 28 U.S.C. 158(d)subscribe to see similar legal issues
Application: The appellate court reviews the Bankruptcy Appellate Panel's decision independently and examines the bankruptcy court's findings of fact for clear error and conclusions of law de novo.
Reasoning: 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.
Denial of Post-Appeal Motionssubscribe to see similar legal issues
Application: The motion filed on March 19, 2001, by Milpitas Realty, MISCO, Inc., and Homeowners RCC, Inc. is denied.
Reasoning: The motion filed on March 19, 2001, by Milpitas Realty, MISCO, Inc., and Homeowners RCC, Inc. is denied.
Finality Requirement for Appellate Jurisdictionsubscribe to see similar legal issues
Application: The court lacks jurisdiction over the appeal of adversarial proceeding 00-5251 because the order is not considered final.
Reasoning: For adversarial proceeding 00-5251, the court lacks jurisdiction as the order is not final.
Unpublished Dispositions and Citation Rulessubscribe to see similar legal issues
Application: The court notes that the decision is not for publication and may not be cited in future cases except as permitted by Ninth Circuit Rule 36-3.
Reasoning: 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.