Betsey Lebbos v. Linda Schuette

MEMORANDUM

Betsey Warren Lebbos appeals pro se from the district court’s order affirming the bankruptcy court’s order of February 13, 2008 awarding attorney’s fees and costs to chapter 7 bankruptcy trustee Linda Schuette as a sanction against Lebbos, and the bankruptcy court’s order of June 18, 2008 awarding additional costs to Schuette as the prevailing party. We have jurisdiction under 28 U.S.C. § 158 (d). We review independently the bankruptcy court’s orders. Leichty v. Neary (In re Strand), 375 F.3d 854, 857 (9th Cir.2004). We must consider jurisdiction sua sponte. Greene v. United States (In re Souza), 795 F.2d 855 , 857 n. 1 (9th Cir.1986). We affirm in part, vacate in part, and remand.

The bankruptcy court did not abuse its discretion by awarding Schuette costs in its order of June 18, 2008. See Fed. R. Bankr.P. 7054(b) (stating that the bankruptcy court may award costs to the prevailing party in an adversary proceeding unless otherwise prohibited by federal or bankruptcy law); see also 28 U.S.C. § 1920 (listing recoverable costs).

The district court lacked subject matter jurisdiction to review the February 13, 2008 order awarding attorney’s fees and costs because the…