Legal Opinion

Linda Mastro v. James Rigby, Jr.

Court of Appeals for the Ninth Circuit

Decided August 22, 2014No. 13-35209PublishedCited by 17 opinions

1Opinion of the Court

OPINION

TASHIMA, Circuit Judge:

Linda Mastro (“Linda”), a nonclaimant to the bankruptcy estate, appeals the district court’s dismissal of her appeal of the bankruptcy court’s judgment in this fraudulent conveyance case. We hold that the bankruptcy court had authority to enter judgment based on the parties’ consent. We conclude, however, that the district court abused its discretion in dismissing Linda’s appeal under the fugitive disen-titlement doctrine, because no necessity justified invoking the rule of disentitlement in this case.

I

James Rigby (the “Trustee”), in his capacity as Trustee for…

2Cases cited29 opinions

  1. Koon v. United StatesSupreme Court of the United States · 1996
  2. Stern v. MarshallSupreme Court of the United States · 2011
  3. Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
  4. Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
  5. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009

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3Cited by17 opinions

  1. Dan J. Harkey v. Howard GrobsteinCourt of Appeals for the Ninth Circuit · 2018
  2. Mendia v. GarciaDistrict Court, N.D. California · 2016
  3. Jonathan Hunsaker v. United StatesCourt of Appeals for the Ninth Circuit · 2018
  4. One Longhorn Land I, L.P. v. PresleyDistrict Court, C.D. California · 2015
  5. Rigby v. Mastro (In Re Mastro)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2018

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