U.S. Court of Appeals for the Ninth Circuit, 2008

Beverly v. Wolkowitz

U.S. Court of Appeals for the Ninth Circuit · Decided December 24, 2008 · Brunetti, Silverman, Conlon

551 F.3d 1092; 2008 U.S. App. LEXIS 26386; 2008 WL 5382453 (Federal Reporter, Third Series)

Counsel

Dennis E. McGoldrick, Torrance, CA; Joshua D. Wayser, Locke, Lord, Bissell & Liddell, Los Angeles, CA, for the appellants., Douglas D. Kappler, Los Angeles, CA; Sidney Lanier, Ayscough & Marar, Torrance, CA, for the appellees.

Cases that cite this one

55 later published cases cite this decision. The 25 that cite it most often are listed here.

Batlan v. Bledsoe (In re Bledsoe) (9th Cir. 2009)
In re: Bruce Elieff (United States Bankruptcy Appellate Panel of The Ninth Circuit 2022)
Gugino v. Orlando (In re Ganier) (United States Bankruptcy Court, D. Idaho 2009)
In re Stewart (United States Bankruptcy Appellate Panel of The Tenth Circuit 2009)
Bledsoe v. Bledsoe (9th Cir. 2009)
Alecto Healthcare Services LLC (United States Bankruptcy Court, D. Delaware 2024)
F & W Lawn Care and Landscaping, Inc. v. Cozart (United States District Court for the Middle District of Florida 2024)
In re: Momentum Development, LLC (United States Bankruptcy Appellate Panel of The Ninth Circuit 2023)
In re: Welscorp, Inc. (United States Bankruptcy Appellate Panel of The Ninth Circuit 2023)
In re: Welscorp, Inc. (United States Bankruptcy Appellate Panel of The Ninth Circuit 2023)
In re: Prime Metals U.S.A., Inc. (United States Bankruptcy Appellate Panel of The Ninth Circuit 2023)
In re: Debbie Reid O'Gorman (United States Bankruptcy Appellate Panel of The Ninth Circuit 2022)
In re: Isabel Tenorio (United States Bankruptcy Appellate Panel of The Ninth Circuit 2018)
In re: Clifford Allen Brace, Jr. (United States Bankruptcy Appellate Panel of The Ninth Circuit 2017)
In re: Mardiros Haig Mihranian (United States Bankruptcy Appellate Panel of The Ninth Circuit 2017)
In re: Mardiros Haig Mihranian (United States Bankruptcy Appellate Panel of The Ninth Circuit 2017)
In re: Mardiros Haig Mihranian (United States Bankruptcy Appellate Panel of The Ninth Circuit 2017)
In re: Mardiros Haig Mihranian (United States Bankruptcy Appellate Panel of The Ninth Circuit 2017)
In re: Mardiros Haig Mihranian (United States Bankruptcy Appellate Panel of The Ninth Circuit 2017)
In re: Mardiros Haig Mihranian (United States Bankruptcy Appellate Panel of The Ninth Circuit 2017)
In re: Mardiros Haig Mihranian (United States Bankruptcy Appellate Panel of The Ninth Circuit 2017)
In re: Mardiros Haig Mihranian (United States Bankruptcy Appellate Panel of The Ninth Circuit 2017)
In re: Clifford Allen Brace, Jr. (United States Bankruptcy Appellate Panel of The Ninth Circuit 2017)
In re: Ana Beatriz Betancourt (United States Bankruptcy Appellate Panel of The Ninth Circuit 2017)
In re: Bryn F. Poole (United States Bankruptcy Appellate Panel of The Ninth Circuit 2017)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER

William Beverly appeals the Bankruptcy Appellate Panel’s published decision denying him a discharge pursuant to 11 U.S.C. § 727(a)(2)(A). In re Beverly, 374 B.R. 221 (9th Cir.BAP 2007). However, the Bankruptcy Court decision on the § 727 claims resolved only one of two consolidated eases and contained no Fed.R.Civ.P. 54(b) certification. Both the BAP and Bankruptcy Court § 727 decisions are interlocutory and we lack jurisdiction to consider the § 727 claims. In re Lievsay, 118 F.3d 661, 662 (9th Cir. 1997) (per curiam); Huene v. U.S., 743 F.2d 703, 705 (9th Cir. 1984); In re Mason, 709 F.2d 1313, 1315 (9th Cir. 1983).

William and Stephanie Beverly also appeal the BAP’s reversal of the Bankruptcy Court’s grant of summary judgment in their favor in a related adversary proceeding. The BAP held that the Beverlys’ transfer of assets through a marital settlement agreement was an avoidable transfer pursuant to 11 U.S.C. § 544(b) and Cal. Civ.Code § 3439.04. The BAP also rejected the argument that our decision in Gill v. Stern (In re Stern), 345 F.3d 1036 (9th Cir. 2003), allowed the transfer in this case. We have jurisdiction to consider the avoidance claims pursuant to 28 U.S.C. §§ 158(d)(1) and 1291 and adopt as our own the well-reasoned BAP opinion, In re Beverly, 374 B.R. 221.

AFFIRMED in part and DISMISSED in part.

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