Lebbos v. Schuette (In re Lebbos)
- No. 09-15668 / D.C. No. 2:08-cv-01896-FCD (not appropriate for publication and not precedent except as provided by 9th Cir. R. 36-3)
- 1. The bankruptcy court did not abuse its discretion by awarding chapter 7 trustee costs because Fed. R. Bankr. P. 7054(b) allows the awarding of costs to the prevailing party in an adversary proceeding unless otherwise prohibited by law.
2. The district court lacked subject matter jurisdiction to review the bankruptcy court's order awarding attorney's fees and costs because the notice of appeal concerning that order was untimely under Fed. R. Bankr. P. 8002.
3. The case was remanded to the district court with instructions to vacate the portion of its decision reviewing the bankruptcy court's order awarding attorney's fees and costs.
4. The chapter 7 trustee shall recover her costs on appeal.
- Procedural context:
- The bankruptcy court awarded attorney's fees and costs to chapter 7 trustee as a sanction against pro se debtor. In a separate order, the bankruptcy court awarded additional costs to chapter 7 trustee as the prevailing party. After pro se debtor appealed, the district court affirmed both bankruptcy court orders. The pro se debtor appealed to the circuit court.
- 1. On February 13, 2008, the bankruptcy court issued an order awarding attorney's fees and costs to chapter 7 trustee as a sanction against pro se debtor.
2. On June 18, 2008, the bankruptcy court issued an order awarding additional costs to chapter 7 trustee as the prevailing party in an adversary proceeding.
3. The notice of appeal with respect to the February 13, 2008 order was untimely.
- TROTT, GOULD, and RAWLINSON, Circuit Judges.
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