Bret Hamel v. Linda Lalliss

MEMORANDUM

Diane and James Hamel (“Parents”) commenced an adversary proceeding in the bankruptcy case of their son, Debtor Bret James Hamel. Naming Hamel’s ex-wife Linda Lalliss as Defendant, the Parents sought turnover of property that they claimed they had purchased in an earlier order of sale. The bankruptcy court granted summary judgment to Lalliss. In their record on appeal to the Ninth Circuit Bankruptcy Appellate Panel (BAP), the Parents did not include transcripts of the hearings in which the bankruptcy court interpreted its earlier orders. The BAP summarily affirmed, reasoning that the missing transcripts were necessary for proper appellate review. See 9th Cir. BAP R. 8006-1 (“The excerpts of the record shall include the transcripts necessary for adequate review... .”)• We review for abuse of discretion the BAP’s decision to summarily affirm for non-compliance with procedural requirements. Morrissey v. Stuteville (In re Monissey), 349 F.3d 1187, 1190 (9th Cir.2003).

The Parents argue that the transcripts were unnecessary for the BAP’s decision because the bankruptcy court’s summary judgment was subject to de novo review. But while the bankruptcy court’s ultimate ruling…