Yan Sui v. Marshack (In Re Yan Sui)
Opinion
Opinion
MEMORANDUM
In these consolidated appeals, Yan Sui appeals pro se from the Bankruptcy Ap pellate Panel’s (“BAP”) decision affirming the bankruptcy court’s order reconverting Sui’s Chapter 13 bankruptcy to a Chapter 7 proceeding, and dismissing for lack of jurisdiction Sui’s appeals of the bankruptcy court’s orders allowing administrative claims for fees and expenses. We have jurisdiction under 28 U.S.C. § 158 (d). We review de novo BAP decisions, and apply the same standard' of review that the BAP applied to the bankruptcy court’s ruling. Boyajian v. New Falls Corp. (In re Boyajian), 564 F.3d 1088, 1090 (9th Cir.2009). We affirm.
The BAP properly determined that the bankruptcy court did not abuse its discretion by reconverting Sui’s Chapter 13 bankruptcy to a Chapter 7 proceeding, and that the bankruptcy court’s findings of bad faith were not clearly erroneous. See Marrama v. Citizens Bank of Mass., 549 U.S. 365, 373 , 127 S.Ct. 1105 , 166 L.Ed.2d 956 (2007) (Chapter 13 proceeding may be converted to a Chapter 7 proceeding “for cause,” including bad faith conduct); Rosson v. Fitzgerald (In re Rosson), 545 F.3d 764, 771 (9th Cir.2008) (setting forth standard of review).