Opinion
No. 18-60052 BAP No. 17-1092
12-18-2019
In re: KATHLEEN KELLOGG-TAXE, Debtor. RICHARD TAXE, Appellant, v. CAROLYN A. DYE, Chapter 7 Trustee, Appellee.
NOT FOR PUBLICATION
MEMORANDUM Appeal from the Ninth Circuit Bankruptcy Appellate Panel
Faris, Spraker, and Kurtz, Bankruptcy Judges, Presiding Before: WALLACE, CANBY, and TASHIMA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Richard Taxe appeals pro se from the Bankruptcy Appellate Panel's judgment affirming the bankruptcy court's judgment after a trial in an adversary proceeding filed by the chapter 7 trustee in Kathleen Kellogg-Taxe's bankruptcy case. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo the bankruptcy court's conclusions of law and for clear error its findings of fact. Decker v. Tramiel (In re JTS Corp.), 617 F.3d 1102, 1109 (9th Cir. 2010). We affirm.
The bankruptcy court did not clearly err in finding that Taxe owned the shares and assets of Dwarfco Productions, Inc. because the record supports the bankruptcy court's determination that Taxe controlled Dwarfco Productions, Inc.
The bankruptcy court properly concluded the shares and assets of Dwarfco Productions, Inc. are the community property of Taxe and debtor Kathleen Kellogg-Taxe, and thus those assets are property of the bankruptcy estate of Kathleen Kellogg-Taxe. See Brace v. Speier (In re Brace), 908 F.3d 531, 537 (9th Cir. 2018) ("Under California law, there is a general presumption that, absent a statute to the contrary, all property acquired during marriage is community property.").
We reject as unsupported by the record Taxe's contentions that the bankruptcy court advocated in favor of the bankruptcy trustee and that the bankruptcy court never ordered Taxe to turn over gemstones in his possession.
We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.