In re: Bruce Chadbourne

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NOT FOR PUBLICATION SUSAN M. SPRAUL, CLERK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.
2