Vollmer

Vollmer v. Sims

Good Law
52 F. App'x 406
United States Court of Appeals for the Ninth CircuitDecember 12, 2002No. 01-15158; BAP No. NC-99-01830-RyPRCalifornia254 words

Opinion

Lead Opinion

MEMORANDUM **

John and Diana Vollmer (“the Vollmers”) appeal the decision of the Bankrupt *407 cy Appellate Panel (“BAP”) affirming the bankruptcy court’s judgment distributing the proceeds from the sale of a building located on Baker Street in San Francisco, California. We have jurisdiction under 28 U.S.C. § 158 (d). We review cases appealed from the BAP de novo. Staffer v. Predovich (In re Staffer), 306 F.3d 967, 970-71 (9th Cir.2002). We review the bankruptcy court’s conclusions of law de novo and its factual findings for clear error. Id. at 971 . We affirm.

The Vollmers contend that the bankruptcy court miscalculated the distribution of sale proceeds by failing to adjust the ownership interests of the three co-owners pursuant to a tenants-in-common agreement. On appeal, the Vollmers fail to provide an adequate record because they have not provided a transcript of the hearing of April 20, 1999, where that issue was discussed. See Ashley v. Church (In re Ashley), 903 F.2d 599 , 603 n. 1 (9th Cir.1990) (declining to consider argument where necessary record was not before appellate court). The record the Vollmers did provide does not show that the bankruptcy court clear erred in…

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