Marin

Marin v. Sanders

Good Law
350 F. App'x 156
United States Court of Appeals for the Ninth CircuitOctober 29, 2009Nos. 08-17273, 08-17275California673 words

Opinion

Lead Opinion

MEMORANDUM **

Mel M. Marin appeals pro se from the district court’s judgment affirming the bankruptcy court’s judgment in an adversary proceeding concerning the disposition of money from the sale of Chapter 11 debtor Milivoj Marinkovie’s home, and from the bankruptcy court’s order denying his motion for leave to sue the bankruptcy trustee. We have jurisdiction under 28 U.S.C. § 158 (d). We review de novo the district court’s decision, Cunning v. Rucker (In re Rucker), 570 F.3d 1155, 1159 (9th Cir.2009), and we affirm.

The bankruptcy court properly concluded that the adversary proceeding was a core proceeding because it concerned whether the estate included money from the sale and whether Marin had a valid lien. See Johnston Envtl. Corp. v. Knight (In re Goodman), 991 F.2d 613, 617 (9th Cir.1993) (explaining that determinations about the nature and extent of the bankruptcy estate constitute core proceedings, and that “[a] proceeding is not removed from the jurisdiction of the bankruptcy court solely because the resolution may be affected by state law”); see also 28 U.S.C. § 157 (b)(2) (listing examples of core proceedings).

The bankruptcy court properly concluded that,…

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