Decker
Decker v. Advantage Fund Ltd.
Opinion
Lead Opinion
Brunetti, J.
Appellant Bankruptcy Trustee Suzanne Decker (“the Trustee”) appeals the dis *595 trict court’s Federal Rule of Civil Procedure 12(b)(6) dismissal of her action. The Trustee asserts two claims against all Ap-pellees: one for avoidance of fraudulent transfers made in violation of California fraudulent transfer law and one for avoidance of fraudulent transfers made in violation of the Bankruptcy Code. The Trustee’s third claim, asserted only against Appellees RGC International Investors, LDC, and Advantage Fund Ltd. (“RGC-Advantage Appellees”), is for a violation of section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b). For the reasons stated in this opinion, we affirm.
Before proceeding to the merits of this case, we must address a jurisdictional issue. The notice of appeal in this case was not timely filed in the district court. Due to a mistake by the Trustee’s attorney’s agent, the notice was filed in the bankruptcy court such that it would have been timely had it been filed in the correct court. Pursuant to 28 U.S.C. § 1631 , we have jurisdiction because (1) the bankruptcy court cannot exercise jurisdiction over the appeal from the district court, (2)…