Legal Opinion

Gary Ozenne v. Chase Manhattan Bank

Court of Appeals for the Ninth Circuit

Decided March 25, 2016No. 11-60039PublishedCited by 2 opinions

1Opinion of the Court

OPINION

WALLACE, Senior Circuit Judge:

Gary Ozenne appeals from the Ninth Circuit bankruptcy appellate panel’s (BAP) denial of his petition for a writ of mandamus. Because the BAP is not a “court[ ] established by Act of Congress” under the A1 Writs Act, 28 U.S.C. § 1651(a), we hold that the BAP did not have jurisdiction to consider the petition.

I

Several years after his bankruptcy case was closed, Ozenne filed a motion for sanctions in the bankruptcy court. [Bankr. Ct. Dkt. No. Ill] The bankruptcy court ruled that it lacked jurisdiction to grant relief [Id. No. 119] and Ozenne filed a petition…

2Cases cited11 opinions

  1. United States v. DenedoSupreme Court of the United States · 2009
  2. Clinton v. GoldsmithSupreme Court of the United States · 1999
  3. Dettinger v. United StatesUnited States Court of Military Appeals · 1979
  4. In Re Samuel Duke Cardelucci, Debtor. Willem Onink, Marsha Onink v. Samuel Duke CardelucciCourt of Appeals for the Ninth Circuit · 2002
  5. Bank of Maui v. Estate Analysis, Inc.Court of Appeals for the Ninth Circuit · 1990

6 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Ozenne v. Chase Manhattan Bank (In Re Ozenne)Court of Appeals for the Ninth Circuit · 2016
  2. Clifton v. EubankDistrict Court, D. Colorado · 2006

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