Magers
Magers v. Magers
Opinion
Lead Opinion
MEMORANDUM **
Carol Nina Mardeusz appeals pro se the district court’s judgment affirming a bankruptcy court order dismissing an involuntary Chapter 7 bankruptcy petition she filed on behalf of her former husband, Leo Magers and awarding Magers attorney fees and punitive damages. We have jurisdiction under 28 U.S.C. § 158 (d). We review for clear error the bankruptcy court’s findings of fact and review de novo its legal conclusions. Allred v. Kennerly (In re Kennerly), 995 F.2d 145, 146 (9th Cir.1993). We review for abuse of discretion the bankruptcy court’s award of sanctions. Caldwell v. Unified Capital Corp. (In re Rainbow Magazine, Inc.), 77 F.3d 278, 283 (9th Cir.1996). We affirm.
Mardeusz’ involuntary petition was premised on a 1992 state court child support order. Magers produced a subsequent state court order stating that the 1992 judgment was satisfied and that Magers owed Mardeusz nothing. Therefore, the bankruptcy court’s dismissal of Mardeusz’ involuntary petition was proper because she lacked standing to bring it. See 11 U.S.C. § 303 (b)(l)(2) (requiring that creditor bringing involuntary petition possess a non-contingent claim, not subject to bona fide dispute);…