Broadnax

MEMORANDUM **

Lawrence Broadnax appeals pro se the judgment of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s dismissal of an involuntary bankruptcy petition against appellee, Leodis C. Matthews. We have jurisdiction pursuant to 28 U.S.C. § 158 (d), and we affirm.

We independently review a bankruptcy court’s rulings on appeal from the BAP. Wolkowitz v. Shearson Lehman Bros. (In re Weisberg), 136 F.3d 655, 657 (9th Cir. 1998).

Broadnax contends that the bankruptcy court erred in dismissing his involuntary petition because the court failed to give Broadnax notice that: (1) it was considering dismissal under 11 U.S.C. § 305 rather than 11 U.S.C. § 303 ; and (2) it was treating Matthews’ motion to dismiss as a summary judgment motion. See Lucas v. Dep’t of Corr., 66 F.3d 245, 248 (9th Cir. 1995). Both arguments fail because dismissal was proper on the pleadings alone. See Mayer v. Wedgewood Neighborhood Coalition, 707 F.2d 1020, 1022 (9th Cir. 1983). Broadnax lacks standing to commence an involuntary case under § 303 because the petition fails on its face to explain why Matthews should be charged with debts allegedly owed by Westland Architecture and…