Alen Ly v. Michelle Che

MEMORANDUM

Appellant Alen Ly appeals from an order of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order granting appellee Michelle Che relief from the automatic stay and granting Che’s motion for sanctions. Ly challenges the BAP’s determination that Che had prudential standing to seek relief from the stay and its imposition of sanctions against Ly and his attorney for filing a frivolous appeal to the BAP. In a separate motion, Che asks this court to sanction Ly for filing a frivolous appeal to this Court. We have jurisdiction under 28 U.S.C. § 158 (d). We affirm the decision of the BAP, but deny Che’s new motion for sanctions.

“We review decisions of the Bankruptcy Appellate Panel de novo and apply the same standard of review that the Bankruptcy Appellate Panel applied to the bankruptcy court’s ruling.” Wolfe v. Jacobson (In re Jacobson), 676 F.3d 1193, 1198 (9th Cir.2012) (citation omitted). “Standing to sue is a question of law reviewed de novo.” Loyd v. Paine Webber, Inc., 208 F.3d 755, 758 (9th Cir.2000). We review the BAP’s decision to impose sanctions for abuse of discretion. Morrissey v. Stuteville (In re Morrissey), 349 F.3d 1187, 1190 (9th…