In re: Bruce Chadbourne

• Court: United States Bankruptcy Appellate Panel for the Ninth Circuit
• Decided: November 5, 2020
• Docket: NC-19-1218-GFB
• Status: Unpublished

Opinion

FILED NOV 5 2020 NOT FOR PUBLICATION SUSAN M. SPRAUL, CLERK U.S. BKCY. APP. PANEL OF THE NINTH CIRCUIT

UNITED STATES BANKRUPTCY APPELLATE PANEL OF THE NINTH CIRCUIT

In re: BAP No. NC-19-1218-GFB BRUCE CHADBOURNE, Debtor. Bk. No. 1:19-bk-10346-DM

BRUCE CHADBOURNE, Appellant, v. MEMORANDUM* WILMINGTON TRUST, NATIONAL ASSOCIATION, as trustee for MFRA Trust 2014-2, Appellee.

Appeal from the United States Bankruptcy Court for the Northern District of California Dennis Montali, Bankruptcy Judge, Presiding

Before: GAN, FARIS, and BRAND, Bankruptcy Judges.

Chapter 131 debtor Bruce Chadbourne (“Debtor”) appeals the

bankruptcy court’s order granting in rem stay relief pursuant to § 362(d)(4),

* This disposition is not appropriate for publication. Although it may be cited for whatever persuasive value it may have, see Fed. R. App. P. 32.1, it has no precedential value, see 9th Cir. BAP Rule 8024-1. 1 Unless specified otherwise, all chapter and section references are to the Bankruptcy Code, 11 U.S.C. §§ 101-1532. and the order denying Debtor’s motion for reconsideration.

Debtor has not provided a transcript of the stay relief hearing to

permit the Panel to make an informed review of the bankruptcy court’s

decision. An appellant’s failure to provide necessary transcripts is cause to

dismiss the appeal. Hall v. Whitley, 935 F.2d 164, 165 (9th Cir. 1991); Kyle v.

Dye (In re Kyle), 317 B.R. 390, 393 (9th Cir. BAP 2004). We have discretion to

disregard such a failure and decide the appeal on the merits if informed

review is possible. In re Kyle, 317 B.R. at 393. But, without a transcript of the

hearing, we are unable to evaluate the basis of the bankruptcy court’s

decision to determine whether it erred in granting the relief.

Additionally, Debtor makes no argument in his opening brief

relevant to either relief under § 362(d)(4) or the motion for reconsideration,

and has therefore waived the issues. Smith v. Marsh, 194 F.3d 1045, 1052

(9th Cir. 1999). Accordingly, we DISMISS the appeal.