Kowler

Kowler v. Desmond

Good Law
76 F. App'x 170
United States Court of Appeals for the Ninth CircuitSeptember 19, 2003No. 02-16592; BAP No. EC-01-01642-RyPDCalifornia237 words

Opinion

Lead Opinion

MEMORANDUM **

Steven J. Koewler appeals pro se the judgment of the Bankruptcy Appellate Panel (“BAP”) dismissing his appeal from two orders of the bankruptcy court. These orders overruled Koewler’s objection to the bankruptcy trustee’s Final Report in the discharge proceeding of Koewler’s ex-wife, approved the Final Report, and denied reconsideration. We have jurisdiction pursuant to 28 U.S.C. § 158 (d), and we affirm.

The bankruptcy court did not err by rejecting Koewler’s argument that the trustee’s Final Report should not be approved because the trustee had not properly carried out his duties. See 11 U.S.C. § 704 (4) & (9) (trustee’s duties include investigating debtor’s financial affairs and submitting final report to the court); Cisneros v. United States (In re Cisneros), 994 F.2d 1462, 1464 (9th Cir.1993) (stating standard that factual findings are reviewed for clear error).

We may not consider Koewler’s contention that his financial interests were harmed by the trustee’s allegedly insufficient investigation because Koewler did not file either a claim against the estate or an adversary proceeding, despite having been served with notice of all relevant bankruptcy…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.