Richard A. Marshack v. Linda Patow

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 23 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

In re: JAMES CHRISTOPHER PATOW, No. 21-60051

Debtor, BAP No. 20-1285

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MEMORANDUM*

RICHARD A. MARSHACK, Trustee,

Appellant,

v.

LINDA PATOW, as Trustee of the Alvin and Linda Patow 2006 Trust; JAMES

CHRISTOPHER PATOW,

Appellees.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel Gan, Taylor, and Lafferty III, Bankruptcy Judges, Presiding

Argued and Submitted June 8, 2022 Pasadena, California

Before: M. SMITH, BADE, and VANDYKE, Circuit Judges.

Bankruptcy trustee Richard Marshack appeals the Bankruptcy Appellate

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Panel’s (“BAP”) determination that debtor James Patow disclaimed his interest in a

family trust when he signed a document waiving that interest. The parties’

underlying dispute turns on whether James actually “transferred” his interest to his

mother instead of disclaiming…