Opinion
No. 10-60038 BAP No. 09-1294
04-23-2012
In re: FRED GEORGE LABANKOFF, Debtor. FRED GEORGE LABANKOFF; et al., Appellants, v. GENERAL MOTORS ACCEPTANCE CORPORATION; et al., 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NOT FOR PUBLICATION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
Pappas, Jury, and Kwan, Bankruptcy Judges, Presiding
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Fred George Labankoff, Swetlana Labankoff, Ludmila Shpitj, and Shpitj Labankoff General Trust ("appellants") appeal pro se from the Bankruptcy Appellate Panel's ("BAP") order affirming the bankruptcy court's order abstaining from deciding an adversary proceeding against appellees and dismissing appellants' adversary proceeding without prejudice. We dismiss.
We lack jurisdiction to review the bankruptcy court's decision to abstain pursuant to 28 U.S.C. § 1334(c)(1). See 28 U.S.C. § 1334(d).
We also lack jurisdiction to review the denial of appellants' motion to recuse the bankruptcy judge. See Greene v. United States (In re Souza), 795 F.2d 855, 857 (9th Cir. 1986) (the notice of appeal from a bankruptcy court decision must be filed within the time provided by Bankruptcy Rule 8002).
Appellants' request for judicial notice and motion to strike appellees' opening brief are denied.
DISMISSED.