Legal Opinion

Kyle v. Dye (In Re Kyle)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 9, 2004No. BAP No. CC-03-1620-KMoB. Bankruptcy No. LA 01-42196-VZPublishedCited by 30 opinions

1Opinion of the Court

ORDER DENYING MOTION FOR REHEARING

KLEIN, Bankruptcy Judge.

After this appeal took a bad turn at oral argument, Appellee Chapter 7 trustee started complaining about the omission from the record of some pages of transcript of a bankruptcy court hearing.

We conclude that we correctly evaluated the interstices of the record and DENY Appellee’s Motion for Rehearing of our decision to reverse the trial court. We publish to emphasize Appellee’s duty to protect her own record so as to assure that the appellate record is adequate to support its position. The corollary is that Appellee bears the risk of…

2Cases cited8 opinions

  1. In Re Gary Ronald Perez, Debtor. Frank Everett v. Gary Ronald PerezCourt of Appeals for the Ninth Circuit · 1994
  2. Syncom Capital Corp. v. WadeCourt of Appeals for the Ninth Circuit · 1991
  3. In Re Robert Floyd Ashley, AKA Robert Ashley, Debtor. Robert Floyd Ashley, AKA Robert Ashley v. C. Eugene Church Helen L. ChurchCourt of Appeals for the Ninth Circuit · 1990
  4. In Re FriedmanUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
  5. Kritt v. Kritt (In Re Kritt)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995

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

3Cited by30 opinions

  1. Banco Bilbao Vizcaya Argentaria Puerto Rico v. VázquezBankruptcy Appellate Panel of the First Circuit · 2012
  2. Cogliano v. Anderson (In Re Cogliano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  3. Wells Fargo Bank, N.A. v. Loop 76, LLC (In Re Loop 76, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  4. Clinton v. Deutsche Bank National Trust Co. (In Re Clinton)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  5. In re Emmons-Sheepshead Bay Development LLCDistrict Court, E.D. New York · 2014

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

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