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Masters Kay v. United States Trustee

Citation: 115 F. App'x 414Docket: No. 03-56886; BAP No. CC-02-01649-BKBo

Court: Court of Appeals for the Ninth Circuit; December 16, 2004; Federal Appellate Court

Narrative Opinion Summary

Eleanor Masters-Kay appeals the Bankruptcy Appellate Panel's decision, which upheld the bankruptcy court's denial of her motion to reopen her Chapter 7 bankruptcy case, originally closed in March 2000. In December 2002, she filed a motion to reopen, claiming her property was undervalued during a foreclosure sale that occurred in the course of her bankruptcy. The appellate panel's affirmation of the bankruptcy court's decision is based on the reasons outlined in its memorandum dated October 31, 2003. The disposition is designated as not suitable for publication and cannot be cited in future cases within the circuit, except as per Ninth Circuit Rule 36-3.

Legal Issues Addressed

Appellate Review of Bankruptcy Court Decisions

Application: The Bankruptcy Appellate Panel's decision affirmed the bankruptcy court's denial of a motion to reopen, highlighting the appellate review process.

Reasoning: The appellate panel's affirmation of the bankruptcy court's decision is based on the reasons outlined in its memorandum dated October 31, 2003.

Citation of Unpublished Dispositions

Application: This case's disposition is designated as unpublished and cannot be cited in future cases within the circuit, except as allowed by specific circuit rules.

Reasoning: The disposition is designated as not suitable for publication and cannot be cited in future cases within the circuit, except as per Ninth Circuit Rule 36-3.

Reopening of Bankruptcy Cases under Chapter 7

Application: The court considered whether a Chapter 7 bankruptcy case could be reopened based on claims of undervaluation of property during foreclosure proceedings.

Reasoning: Eleanor Masters-Kay appeals the Bankruptcy Appellate Panel's decision, which upheld the bankruptcy court's denial of her motion to reopen her Chapter 7 bankruptcy case, originally closed in March 2000.