Leonard Sustaita, Jr. V.

FILED

NOT FOR PUBLICATION NOV 29 2011

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

In Re: LEONARD SUSTAITA, JR., No. 10-60039 Debtor. BAP No. AZ 09-1350

RICHARD S. BERRY,

Appellant, MEMORANDUM *

v.

UNITED STATES TRUSTEE,

PHOENIX; EDWARD J. MANEY,

Trustee; RUSSELL A. BROWN, Trustee,

Appellees.

Appeal from the United States Bankruptcy Appellate Panel of the Ninth Circuit Meredith A. Jury, Bankruptcy Judge, Presiding

Argued and Submitted November 16, 2011 San Francisco, California

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Before: NOONAN and BEA, Circuit Judges, and WALTER, Senior District Judge.**

Richard S. Berry appeals the Ninth Circuit Bankruptcy Appellate Panel’s

opinion affirming the Arizona Bankruptcy Court’s Order Imposing Sanctions and

an Injunction in all respects except one civil fine that plays no role in this appeal.

The district court found that adequate process was afforded to Berry. The

trustees presented ample evidence of…