Opinion
No. 11-60008 BAP No. 10-1305
2013-10-15
In re: JOSEPH COX FINLEY, Debtor. JOSEPH COX FINLEY, Appellant, v. NANCY L. JAMES, Chapter 7 Trustee; THOMAS R. DREILING; FAGGIONATO FINE ARTS, LTD.; TRUSTEES OF THE JOHN EDWARDS DISCRETIONARY TRUST FOR UNTITLED (POPE) 1950; R. BRUCE JOHNSTON, Appellees.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Hollowell, Pappas, and Markell, Bankruptcy Judges, Presiding
Submitted October 9, 2013
The panel unanimously concludes that this case is suitable for decision without oral argument. Fed. R. App. P. 34(a)(2).
Seattle, Washington
Before: GRABER and MURGUIA, Circuit Judges, and BURY, District Judge.
The Honorable David C. Bury, United States District Judge for the District of Arizona, sitting by designation.
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Debtor Joseph Finley petitions for review of the Ninth Circuit Bankruptcy Appellate Panel's ("BAP") dismissal of his appeal for lack of standing. We affirm.
The BAP correctly determined that Debtor lacked standing to appeal the bankruptcy order authorizing the sale of an asset of the bankruptcy estate, because he was not a "person aggrieved" by the order. Fondiller v. Robertson (In re Fondiller), 707 F.2d 441 (9th Cir. 1983).
To have standing on appeal, a debtor carries the burden to "demonstrate that [he] was directly and adversely affected pecuniarily by the order of the bankruptcy court." Id. at 443. But Debtor presented no evidence in support of his assertion that a successful appeal could result in returning residual assets to him.
AFFIRMED.