In Re Dennis M. O'Brien in Re Oak O'brien, Debtors, Community Commerce Bank v. Dennis M. O'Brien Oak O'Brien
Opinion
Opinion
ORDER
Community Commerce Bank appeals from a decision of the Bankruptcy Appellate Panel (BAP) affirming the bankruptcy court’s final determination of its allowed secured claim, including its reasonable attorneys’ fees pursuant to 11 U.S.C. § 506 (b). We have jurisdiction pursuant to 28 U.S.C. § 158 (d). Appellant’s primary contention on appeal is that the bankruptcy court lacked jurisdiction over the debtor’s action for declaratory relief seeking a judicial determination of the amount owed the bank under a Chapter 13 payment plan. The appellant also claims the bankruptcy court erred in several other respects. Because both the appellant’s brief and the excerpts of record provided to us are inadequate and fail to comply with the Federal Rules of Appellate Procedure (“FRAP”) and Ninth Circuit rules, we dismiss the appeal.
“The violations are legion.” N/S Corp. v. Liberty Mut. Ins. Co., 127 F.3d 1145, 1146 (9th Cir.1997). First, the appellant’s brief fails to comply with FRAP 28(a). The rule is quite clear, and is written in mandatory terms. The “appellant’s brief must contain” certain information, in appropriate sections, and in the order indicated. FRAP 28(a) (emphasis added). The…