In Re Maria Elizabeth Montero Leon

• Court: District Court, C.D. California
• Decided: June 4, 2025
• Docket: 2:25-cv-04078
• Status: Unknown

Opinion

1 2 3 4 JS-6 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 IN RE MARIA ELIZABETH Case No. 2:25-cv-04078-MCS 11 MONTERO LEON, USBC Central District of California Los 12 Debtor. Angeles, 2:23-bk-18404-WB 13 ORDER OF DISMISSAL 14 15 16

17 18 19 20 21 Appellant Guillermo Montero, spouse of Debtor Maria Elizabeth Montero Leon, 22 appeals an order of the United States Bankruptcy Court for the Central District of 23 California granting Debtor’s motion for an interim distribution of funds held in trust. 24 (Notice of Appeal, ECF No. 1.) The Court ordered Appellant to show cause why the 25 appeal should not be dismissed for lack of jurisdiction. (OSC, ECF No. 10.) Appellant 26 thereafter filed a statement of issues on appeal, (Appellant’s Issues on Appeal, ECF No. 27 11), but he did not timely file a response. 28 1 District courts have jurisdiction over bankruptcy appeals from final judgments, 2 | orders, and decrees; from interlocutory orders issued under 11 U.S.C. § 1121(d); and 3 | from other interlocutory orders and decrees if given leave of court. 28 U.S.C. § 158(a). 4 | Appellant appeals an order granting Debtor an interim distribution of funds held in trust. 5 | Such an order is not one issued under § 1121(d), and from the Court’s review of the 6 | bankruptcy court’s docket,! Appellant did not receive leave to appeal the order. The 7 | Court ordered Appellant to brief whether the order is final given its interim nature, and 8 || Appellant declined to do so. The Court treats Appellant’s failure to respond to the order 9 | to show cause as his “acknowledgment that this Court lacks jurisdiction.” (OSC 3.)? 10 The Court dismisses the appeal for lack of jurisdiction and remands the action for 11 | further proceedings in the bankruptcy court. 12 13 | ITIS SO ORDERED. ak L kb . COAGA 15 Dated: June 4, 2025 16 MARK C. SCARSI UNITED STATES DISTRICT JUDGE cc: Bankruptcy Court 18 19 20 21 22 23 24

26 | | The Court takes judicial notice of the bankruptcy court’s live docket, see Reyn’s Pasta 7 Bella, LLC v. Visa USA, Inc., 442 F.3d 741, 746 n.6 (9th Cir. 2006). In doing so, the Court does not resolve on the merits whether an order for interim 28 | distribution constitutes a final order.