W. Frazer v. Deutsche Bank National Trust C

MEMORANDUM

Chapter 7 debtors W. Mark Frazer and Konilynn Frazer appeal pro se from the district court’s judgment affirming the bankruptcy court’s summary judgment dismissing the Frazers’ adversary proceeding against Northwest Trustee Services Inc. We have jurisdiction under 28 U.S.C. § 158 (d). We review independently the bankruptcy court’s decision without deference to the district court’s determinations. Leichty v. Neary (In re Strand), 375 F.3d 854, 857 (9th Cir.2004). We review de novo the bankruptcy court’s conclusions of law and for clear error its factual findings. Id. We affirm.

The bankruptcy court properly granted summary judgment to appellee Northwest Trustee Services Inc. because the Frazers introduced no evidence to raise a genuine dispute of material fact as to whether ap-pellee violated the duty of good faith imposed on a trustee. See Trujillo v. Nw. Tr. Servs., Inc., 181 Wash.App. 484 , 326 P.3d 768, 774 (2014) (“Absent conflicting evidence, the declaration [of a note holder to a trustee] should be taken as true.”); see also Wash. Rev.Code § 61.24.030(7) (authorizing a trustee' to rely on a beneficiary declaration as evidence that a beneficiary is the owner of a…