In re: Dane S. Field v. Bank of America, N.A.

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT SEP 20 2024

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

In re: ROLANDO MANGSAT TIRSO; No. 22-16291 KAMEHALYN SANTOS TIRSO,

D.C. No. Debtors. 1:22-cv-00075-JMS-WRP ______________________________ District of Hawai‘i,

Honolulu DANE S. FIELD, Chapter 7 Trustee,

ORDER Plaintiff-Appellant, v. BANK OF AMERICA, NA,

Defendant-Appellee.

Before: CALLAHAN and H.A. THOMAS, Circuit Judges.

The panel has unanimously voted to deny the petition for panel rehearing (Dkt. 45). The petition for panel rehearing is DENIED. The memorandum disposition filed on July 17, 2024, is hereby amended. The amended disposition will be filed concurrently with this order.

No further petitions for rehearing may be filed.

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 20 2024

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

In re: ROLANDO MANGSAT TIRSO; No. 22-16291 KAMEHALYN SANTOS TIRSO,

D.C. No. Debtors. 1:22-cv-00075-JMS-WRP ______________________________ DANE S. FIELD, Chapter 7 Trustee, AMENDED MEMORANDUM *

Plaintiff-Appellant, v. BANK OF AMERICA, NA,

Defendant-Appellee.

Appeal from the United States District Court for the District of Hawai‘i J. Michael Seabright, District Judge, Presiding

Submitted June 11, 2024**

Submission Vacated and Deferred June 11, 2024

Resubmitted July 15, 2024 Honolulu, Hawai‘i

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Before: CALLAHAN and H.A. THOMAS, Circuit Judges.***

Dane S. Field, the bankruptcy trustee in a Chapter 7 proceeding for Kamehalyn Santos Tirso and Rolando Mangsat Tirso, appeals a summary judgment in favor of Bank of America, North America (BANA) in an adversary proceeding. We have jurisdiction under 28 U.S.C. §§ 158(d) and 1291. We review de novo a district court’s grant of summary judgment on appeal from a bankruptcy court. Ditto v. McCurdy, 510 F.3d 1070, 1075 (9th Cir. 2007). We affirm.

We apply the Erie doctrine when sitting in bankruptcy jurisdiction involving state-law claims, see In re Larry’s Apartments, L.L.C., 249 F.3d 832, 837–38 (9th Cir. 2001), and are “bound by decisions of the state’s highest court” on matters of substantive law, PSM Holding Corp. v. Nat’l Farm Fin. Corp., 884 F.3d 812, 820 (9th Cir. 2018), including the calculation of damages for improper foreclosure, see In re Kekauoha-Alisa, 674 F.3d 1083, 1092 (9th Cir. 2012). Under Hawai‘i Supreme Court precedent, the district court and bankruptcy court correctly determined that the Tirsos failed to show damages stemming from BANA’s foreclosure on their property. Llanes v. Bank of Am., N.A., No. SCAP-XX-XXXXXXX, slip op. at 19–29 (Haw. amended opinion Sept. 9, 2024); see also Wong v. Ass’n of Apartment Owners of Harbor Square, 545 P.3d 547, 554 (Haw. 2024).

***

This case was decided by quorum of the panel. See 28 U.S.C. § 46(d); Ninth Circuit General Order 3.2(h).

AFFIRMED.