Gaskin v. Barstow (In re Dockweiler)

Citation:
9th Cir. (B.A.P) Case no Ak-13-1157 - Filed March 28, 2014
Tag(s):
Ruling:
DISMISSAL due to lack of jurisdiction rendering the appeal as MOOT.
Procedural context:
Creditors, Donald and Mary Joan Gaskin, appeal the bankruptcy court's order denying their application to sell real property in Alaska owned by the chapter 7 debtor, George Elliot Dockweiler.
Facts:
In April 2006, creditors loaned debtor approximately $50,000.00 with a promissory note which was allegedly secured by a deed of trust on a 20 acre parcel in Kern County, California. Debtor failed to repay the loan. Creditors assert debtor fraudulently sold the property in 2008 without disclosing the lien held by the creditors thereby receiving a $120,000.00 profit. In 2009, creditors filed suit in Los Angeles, California and obtained a judgment in default against the creditors in the approximate amount of $77,000.00 and recorded a lien against debtor's California property. Debtor bought a piece of real property in Port Protection, Alaska and also owned a 5 acre lot in Delta Junction, Alaska. In 2011, the creditor recorded the California judgment on the Port Protection property. In November 21, 2013, debtor filed a chapter 7 petition. The trustee having concluded that debtor maintained no recoverable assets of value for the estate, a notice of non-distribution was filed. Thereafter on March 11, 2012, creditors filed a motion to sell. The next day, debtor received a discharge. On March 13, 2013, the bankruptcy court denied creditor's motion to sell. On March 15, 2013, the case was closed. On March 26, 2013, creditors filed an appeal to the bankruptcy court's order.
Judge(s):
Jury, Kurtz, and Pappas.

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