Jerry Greenwood v. Angelique Clark

MEMORANDUM

Jerry and Eugenia Greenwood appeal from the Bankruptcy Appellate Panel’s order dismissing their appeal from the United States Bankruptcy Court for the District of Nevada for lack of standing. We affirm. Because the parties are familiar with the history of the case, we need not recount it here. We review the issue of whether appellants have standing de novo. Natural Res. Def. Council v. EPA, 542 F.3d 1235, 1244 (9th Cir.2008); see also Wiersma v. Bank of the West (In re Wiersma), 483 F.3d 933 , 938 (9th Cir.2007). “Only persons who are directly and adversely affected pecuniarily by an order have standing to appeal the order.” Paine v. Dickey (In re Paine), 250 B.R. 99, 104 (9th Cir. BAP 2000).

The Greenwoods, Chapter 7 debtors, failed to establish an interest from which they could benefit in pursuing their appeal. Their claimed homestead exemption falls under 11 U.S.C. § 522 (g)(l)’s prohibition on exemption of voluntarily transferred property. See Glass v. Hitt (In re Glass), 60 F.3d 565, 569 (9th Cir.1995) (trustee’s mere threat of seeking avoidance sufficed to meet the threshold level of action necessary to trigger § 522(g)); Hunter v. Snyder (In re Snyder), 108…