Septimo v. Farmer (In Re Septimo)

571 F. App'x 579

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 25, 2014
• Docket: 12-15754
• Status: Unpublished

Opinion

MEMORANDUM *

Chapter 7 debtor Reri Nanilei Séptimo appeals a district court order that affirmed a bankruptcy court order, which compelled Séptimo to cooperate with the chapter 7 trustee of Septimo’s estate (the “Trustee”).

Séptimo scheduled her residence as real property on Schedule A to her voluntary petition for bankruptcy and claimed an exemption for her residence. The Trustee objected to the exemption, and the bankruptcy court sustained the Trustee’s objection. The bankruptcy court discharged Séptimo pursuant to 11 U.S.C. § 727.

The Trustee planned to transfer Septi-mo’s home, which was part of the estate. Séptimo denied the realtor for the bankruptcy estate access to her home. The Trustee moved the bankruptcy court for an order to compel Séptimo to cooperate with the Trustee, which the bankruptcy court granted. On appeal, the district court affirmed the bankruptcy court.

We decline to address Septimo’s argument that the Trustee rejected the leasehold for the property where her residence is located. We will not review a new argument made on appeal absent exceptional circumstances. In re Home Am. T.-Appliance Audio, Inc., 232 F.3d 1046, 1052 (9th Cir.2000).

We review de novo a district court’s decision on appeal from a bankruptcy court. In re JTS Corp., 617 F.3d 1102, 1109 (9th Cir.2010). We review the bankruptcy court’s findings of fact for clear error and its conclusions of law de novo. Id.

Septimo’s argument that the Trustee cannot transfer the lease on which her property is located is incorrect. A bankruptcy trustee stands in the shoes of a debtor. Smith v. Arthur Andersen LLP, 421 F.3d 989, 1002 (9th Cir.2005). The Trustee of Septimo’s estate may assign her leasehold interest for the benefit of the estate on the same terms as Séptimo because Séptimo would have been allowed to assign the lease.

Séptimo has conceded that her home is the property of the estate. A debtor may not interfere with the sale of estate property. In re Onubah, 375 B.R. 549, 557 (9th Cir. BAP 2007). The bankruptcy court properly ordered Séptimo to cooperate with the trustee pursuant to 11 U.S.C. § 521. Therefore, we affirm the district court.

AFFIRMED.

* This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.