Opinion
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Decided Dec. 11, 1989.
D.Hawaii
AFFIRMED.
Appeal from the United States District Court for the District of Hawaii; Martin Pence, Senior District Judge, Presiding.
Before SNEED, KOZINSKI and DAVID R. THOMPSON, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3.
Defendants failed to oppose the Trustee's motion for summary judgment; accordingly, they failed to raise any issues of material fact and the motion was properly granted. See Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986); Fed.R.Civ.P. 56(e). To this day, defendants have alleged not a single fact suggesting that the monies paid to them were other than a fraudulent conveyance, returnable to the Trustee pursuant to 11 U.S.C. § 548(a)(2)(A) (Supp. V 1987). That defendants were represented below by counsel unfamiliar with bankruptcy law is not itself sufficient grounds for reversing the grant of summary judgment.
The Trustee argues that defendants' appeal is frivolous and seeks sanctions pursuant to Fed.R.App.P. 38. We agree, and award sanctions in the amount of $1000 plus double costs.
AFFIRMED.