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Larson v. Kote

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 27, 2021
No. 19-55313 (9th Cir. Apr. 27, 2021)

Opinion

No. 19-55313

04-27-2021

DANIEL KEITH LARSON, Appellant, v. PETER KOTE, Trustee of The Gerald R. and Barbara A. Larson Rev. Trust; RICHARD A. MARSHACK, Chapter 7 Trustee, Appellees.


NOT FOR PUBLICATION

D.C. No. 8:18-cv-01171-MWF MEMORANDUM Appeal from the United States District Court for the Central District of California
Michael W. Fitzgerald, District Judge, Presiding Before: THOMAS, Chief Judge, TASHIMA and SILVERMAN, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Daniel Keith Larson appeals pro se from the district court's order dismissing his appeal from the bankruptcy court's order granting the chapter 7 trustee's motion to approve compromise. We have jurisdiction under 28 U.S.C. §§ 158(d) and 1291. We review de novo a district court's decision on appeal from the bankruptcy court and dismissal for lack of standing. Harkey v. Grobstein (In re Point Ctr. Fin., Inc.), 890 F.3d 1188, 1191 (9th Cir. 2018). We affirm.

The district court properly dismissed Larson's appeal for lack of standing because Larson failed to establish that he suffered an injury in fact or that he was personally aggrieved by the bankruptcy court's order granting the chapter 7 trustee's motion to approve a compromise. See Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1548 (2016) ("To establish injury in fact, a plaintiff must show that he or she suffered an invasion of a legally protected interest that is concrete and particularized and actual or imminent, not conjectural or hypothetical." (citation and internal quotation marks omitted)); In re Point Ctr. Fin., 890 F.3d at 1191-92 (discussing required showing for prudential standing to appeal a bankruptcy court order).

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

All pending motions and requests are denied.

AFFIRMED.


Summaries of

Larson v. Kote

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Apr 27, 2021
No. 19-55313 (9th Cir. Apr. 27, 2021)
Case details for

Larson v. Kote

Case Details

Full title:DANIEL KEITH LARSON, Appellant, v. PETER KOTE, Trustee of The Gerald R…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Apr 27, 2021

Citations

No. 19-55313 (9th Cir. Apr. 27, 2021)