In Re: John Halvorson v. Weneta Kosmala
In Re: John Halvorson v. Weneta Kosmala
Opinion
FILED NOT FOR PUBLICATION JUN 18 2024 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS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. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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
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.
2
Reference
- Status
- Unpublished