Beverly, et al v. Wolkowitz, et al

Filing 920081224

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
In re: WILLIAM J. BEVERLY, Debtor, STEPHANIE BEVERLY, Appellant, v. EDWARD M. WOLKOWITZ; CATHERINE OUTLAND; SUSAN OUTLAND GLEASON, individually and as Administrator of the Estate of Christine Martell, Appellees. No. 07-56133 BAP Nos. CC-06-01250-KBN CC-06-01273-KBN CC-06-01284-KBN CC-06-01449-KBN Central District of California, Los Angeles

No. 07-56304 BAP Nos. CC-06-01250-KBN LA 05-01254 TD CC-06-01273-KBN CC-06-01284-KBN CC-06-01449-KBN Central District of California, Los Angeles ORDER

In re: WILLIAM J. BEVERLY, Debtor, WILLIAM J. BEVERLY, Appellant, v. EDWARD M. WOLKOWITZ; CATHERINE OUTLAND; SUSAN OUTLAND GLEASON, individually and as Administrator of the Estate of Christine Martell, Appellees.

16695

16696

IN RE: BEVERLY

Appeal from the Ninth Circuit Bankruptcy Appellate Panel Klein, Brandt, and Nielsen, Bankruptcy Judges, Presiding Argued and Submitted December 10, 2008--Pasadena, California Filed December 24, 2008 Before: Melvin Brunetti and Barry G. Silverman, Circuit Judges, and Suzanne B. Conlon,* District Judge.

COUNSEL Dennis E. McGoldrick, Torrance, California; Joshua D. Wayser, Locke, Lord, Bissell & Liddell, Los Angeles, California, for the appellants. Douglas D. Kappler, Los Angeles, California; Sidney Lanier, Ayscough & Marar, Torrance, California, for the appellees.

ORDER William Beverly appeals the Bankruptcy Appellate Panel's published decision denying him a discharge pursuant to 11 U.S.C. § 727(a)(2)(A). In re Beverly, 374 B.R. 221 (B.A.P. 9th Cir. 2007). However, the Bankruptcy Court decision on the § 727 claims resolved only one of two consolidated cases and contained no Fed. R. Civ. P. 54(b) certification. Both the BAP and Bankruptcy Court § 727 decisions are interlocutory and we lack jurisdiction to consider the § 727 claims. In re Lievsay, 118 F.3d 661, 662 (9th Cir. 1997) (per curiam);
*The Honorable Suzanne B. Conlon, United States District Judge for the Northern District of Illinois, sitting by designation.

IN RE: BEVERLY

16697

Huene v. U.S., 743 F.2d 703, 705 (9th Cir. 1984); In re Mason, 709 F.2d 1313, 1315 (9th Cir. 1983). William and Stephanie Beverly also appeal the BAP's reversal of the Bankruptcy Court's grant of summary judgment in their favor in a related adversary proceeding. The BAP held that the Beverlys' transfer of assets through a marital settlement agreement was an avoidable transfer pursuant to 11 U.S.C. § 544(b) and Cal. Civ. Code § 3439.04. The BAP also rejected the argument that our decision in Gill v. Stern (In re Stern), 345 F.3d 1036 (9th Cir. 2003), allowed the transfer in this case. We have jurisdiction to consider the avoidance claims pursuant to 28 U.S.C. §§ 158(d)(1) and 1291 and adopt as our own the well-reasoned BAP opinion, In re Beverly, 374 B.R. 221. AFFIRMED in part and DISMISSED in part.

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