In re: John Halvorson v. Weneta Kosmala

FILED

NOT FOR PUBLICATION

JUN 18 2024 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

In re: JOHN OLAF HALVORSON, No. 23-55748

Debtor. D.C. No. 8:22-cv-01236-JVS ______________________________ DAN L. HALVORSON; JERRY ANN MEMORANDUM* RANDALL,

Appellants, v. WENETA M.A. KOSMALA, Chapter 7 Trustee; et al.,

Appellees.

Appeal from the United States District Court for the Central District of California James V. Selna, District Judge, Presiding Submitted June 14, 2024** Pasadena, California

Before: W. FLETCHER, CHRISTEN, and VANDYKE, Circuit Judges.

*

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

Appellants Dan L. Halvorson and Jerry Ann Randall (“Appellants”) appeal from the district court’s order affirming the bankruptcy court’s order denying their motion to vacate the order closing the case. We have jurisdiction under 28 U.S.C. § 158(d)(1) and we affirm.

The parties are familiar with the procedural history of this case and we need not repeat it here. The determinative question in this appeal is whether an action pending in a federal district court may be removed to bankruptcy court in a different district. The simple answer is “no”. No statute, including the bankruptcy removal statute, 28 U.S.C. § 1452, permits such a removal. Appellants cite no case law supporting their position.

AFFIRMED.