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Shetty v. LSI Title Co. (In re Zaharescu)

Citation: 696 F. App'x 825Docket: No. 14-55403

Court: Court of Appeals for the Ninth Circuit; August 24, 2017; Federal Appellate Court

Narrative Opinion Summary

Satish Shetty appeals pro se from a district court order that upheld the bankruptcy court’s dismissal of claims against the appellee in an adversary proceeding. The appellate court reviews its own jurisdiction and the finality of the bankruptcy court’s decision de novo. The appeal is dismissed due to a lack of jurisdiction, as the bankruptcy court's order did not resolve all issues in the adversary proceeding nor did it include a direct entry of judgment under Federal Rule of Civil Procedure 54(b), applicable via Bankruptcy Rule 7054. Appellate jurisdiction in bankruptcy is limited to matters that can be appealed to the district court as of right. The appellee's motion for judicial notice is denied as unnecessary. The court specifies that this disposition is not for publication and does not serve as precedent except under Ninth Circuit Rule 36-3.

Legal Issues Addressed

Appellate Jurisdiction in Bankruptcy

Application: The appeal was dismissed due to lack of jurisdiction because the bankruptcy court's decision was not final, nor was there a direct entry of judgment under the applicable rules.

Reasoning: The appeal is dismissed due to a lack of jurisdiction, as the bankruptcy court's order did not resolve all issues in the adversary proceeding nor did it include a direct entry of judgment under Federal Rule of Civil Procedure 54(b), applicable via Bankruptcy Rule 7054.

Judicial Notice on Appeal

Application: The court denied the appellee's motion for judicial notice as it was deemed unnecessary for the court's decision.

Reasoning: The appellee's motion for judicial notice is denied as unnecessary.

Non-Precedential Dispositions

Application: The court specifies that its disposition is not for publication and does not serve as precedent except under specific circuit rules.

Reasoning: The court specifies that this disposition is not for publication and does not serve as precedent except under Ninth Circuit Rule 36-3.

Review of Bankruptcy Court Decisions

Application: The appellate court conducts a de novo review to assess its jurisdiction and the finality of the bankruptcy court's decision.

Reasoning: The appellate court reviews its own jurisdiction and the finality of the bankruptcy court’s decision de novo.