Pollard

Pollard v. A.S. Acquisition Corp.

Good Law
56 F. App'x 415
United States Court of Appeals for the Ninth CircuitFebruary 20, 2003Nos. 99-16928, 01-15570; D.C. Nos. CV-98-20080-JF, CV-00-20115-JFCalifornia370 words

Opinion

Lead Opinion

MEMORANDUM **

Brian Elfman attempts to appeal, as an individual, from orders entered by a bankruptcy court allowing the trustee to transfer assets of A.S. Acquisition Corp., a Chapter 7 debtor. Breathe-Ez Limited, a limited partnership, granted a license to A.S. Acquisition Corp. The bankruptcy court allowed this license to be transferred, along with the other assets of A.S. Acquisition Corp.

These appeals were initially brought on behalf of Breathe-Ez by A1 Pollard, the court-appointed wind-up partner for Breathe-Ez (which was itself in dissolution). Pollard and Breathe-Ez voluntarily dismissed these appeals. Elfman was allowed to reinstate these appeals as an individual and not on behalf of Breathe-Ez. The bankruptcy trustee, Suzanne L. Decker, challenges Elfman’s standing to bring these appeals.

To have standing to appeal a bankruptcy order, an “appellant must be a ‘person aggrieved’ by the bankruptcy court’s order.” In re P.R.T.C., Inc., 177 F.3d 774, 777 (9th Cir.1999). “An appellant is aggrieved if ‘directly and adversely affected pecuniarily by an order of the bankruptcy court’; in other words, the order must diminish the appellant’s property, increase its burdens, or…

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