Opinion
No. 17-60027 BAP No. 16-1111
01-22-2019
In re: MARIA VISTA ESTATES, Debtor, ERIK BENHAM, Appellant, v. MI NIPOMO, LLC, a Delaware limited liability company; COSTA PACIFICA ESTATES HOMEOWNERS ASSOCIATION, a California corporation, Appellees.
NOT FOR PUBLICATION
MEMORANDUM Appeal from the Ninth Circuit Bankruptcy Appellate Panel
Taylor, Novack, and Lafferty III, Bankruptcy Judges, Presiding Before: TROTT, TALLMAN, and CALLAHAN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Erik Benham appeals pro se from the Bankruptcy Appellate Panel's ("BAP") judgment affirming the bankruptcy court's judgment dismissing Maria Vista Estates ("MVE") quiet title action. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo BAP decisions, and apply the same standard of review that the BAP applied to the bankruptcy court's ruling. Anastas v. Am. Sav. Bank (In re Anastas), 94 F.3d 1280, 1283 (9th Cir. 1996). We affirm.
The bankruptcy court properly concluded that MVE failed to allege facts sufficient to show that it has standing to bring a quiet title action against appellees. See 11 U.S.C. § 541(a)(1) (all legal interests of debtor become property of the estate upon commencement of a bankruptcy proceeding); see also 11 U.S.C. § 554 (methods by which the property in a debtor's estate can be abandoned); Sierra Switchboard Co. v. Westinghouse Electric Corp., 789 F.2d 705, 709-10 (9th Cir. 1986) (no abandonment without notice to creditors).
We reject as without merit Benham's contentions regarding the bankruptcy court's denial of MVE's motion for leave to file a supplemental brief and evidence.
All pending motions are denied.
AFFIRMED.