In re: Artem Koshkalda
In re: Artem Koshkalda
Opinion
FILED JUN 27 2024 NOT FOR PUBLICATION SUSAN M. SPRAUL, CLERK U.S. BKCY. APP. PANEL OF THE NINTH CIRCUIT UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT
In re: BAP No. NC-24-1022-FBG ARTEM KOSHKALDA, Debtor. Bk. No. 18-30016
ARTEM KOSHKALDA, Appellant, v. MEMORANDUM* E. LYNN SCHOENMANN, Chapter 7 Trustee, Appellee.
Appeal from the United States Bankruptcy Court for the Northern District of California Hannah L. Blumenstiel, Bankruptcy Judge, Presiding
Before: FARIS, BRAND, and GAN, Bankruptcy Judges.
Chapter 7 1 debtor Artem Koshkalda is a vexatious litigant. See
Koshkalda v. Schoenmann (In re Koshkalda),
622 B.R. 749, 760-68 (9th Cir. BAP
2020). The bankruptcy court entered an Amended Pre-Filing Order that
requires him to meet certain requirements before he may file documents.
* This disposition is not appropriate for publication. Although it may be cited for whatever persuasive value it may have, see Fed. R. App. P. 32.1, it has no precedential value, see 9th Cir. BAP Rule 8024-1. Unless specified otherwise, all chapter and section references are to the 1
Bankruptcy Code,
11 U.S.C. §§ 101-1532. He appeals the bankruptcy court’s refusal to allow him to file a motion
requesting information about his case from the chapter 7 trustee. We
AFFIRM.
Mr. Koshkalda does not challenge the Amended Pre-Filing Order in
this appeal. Rather, he contests the bankruptcy court’s decision that he did
not comply with it. We review this decision for abuse of discretion. Haugen
v. Isani (In re Haugen), BAP No. NV-05-1458-MoSMa,
2006 WL 6810994, at
*2 (9th Cir. BAP June 15, 2006), aff’d,
243 F. App’x 288(9th Cir. 2007); see
Hunt v. Goodrich (In re Hunt),
813 F. App’x 307, 308 (9th Cir. 2020)
(discerning no abuse of discretion when the rejected document was within
the scope of the pre-filing order).
The bankruptcy court correctly determined that Mr. Koshkalda’s
declaration in support of his application failed adequately to provide four
of the six categories of information that the Amended Pre-Filing Order
requires. Mr. Koshkalda’s broad statements, essentially parroting the
language of the Amended Pre-Filing Order, did not provide the specific
information required by that order.
The bankruptcy court also found that Mr. Koshkalda’s proposed
motion was another means to harass the trustee, her professionals, and
certain creditors. This finding was not clearly erroneous. We reject
Mr. Koshkalda’s argument that he had a proper reason to seek information
about the status of his case because he thinks that certain orders that he
wishes to appeal will not become final until his case is closed. But this
2 explanation does not hold water: he never identified those orders or
explained why they are not currently appealable under the doctrine of
“flexible finality” applicable to bankruptcy cases.
At oral argument, Mr. Koshkalda asked us to help him get his case
closed. (His requests were confusing, but we think that is the gist of it.) We
reject this request. Our job is to review decisions of the bankruptcy court,
not to advise parties about how they might induce the bankruptcy court to
grant the relief they want. We also reject any new argument that
Mr. Koshkalda had not previously raised in the bankruptcy court or in his
opening brief. See Padgett v. Wright,
587 F.3d 983, 985 n.2 (9th Cir. 2009).
We AFFIRM.
3
Reference
- Status
- Unpublished