In re: JOSEPH COX FINLEY v. NANCY L. JAMES, Chapter 7 Trustee

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: JOSEPH COX FINLEY,
Debtor.
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JOSEPH COX FINLEY,
Appellant,
v.
NANCY L. JAMES, Chapter 7 Trustee;
THOMAS R. DREILING;
FAGGIONATO FINE ARTS, LTD.;
TRUSTEES OF THE JOHN EDWARDS
DISCRETIONARY TRUST FOR
UNTITLED (POPE) 1950; R. BRUCE
JOHNSTON,
Appellees.
No. 11-60008
BAP No. 10-1305
MEMORANDUM*
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Hollowell, Pappas, and Markell, Bankruptcy Judges, Presiding
FILED
OCT 15 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.

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Submitted October 9, 2013**
Seattle, Washington
Before: GRABER and MURGUIA, Circuit Judges, and BURY,*** District Judge.
Debtor Joseph Finley petitions for review of the Ninth Circuit Bankruptcy
Appellate Panel’s ("BAP") dismissal of his appeal for lack of standing. We affirm.
The BAP correctly determined that Debtor lacked standing to appeal the
bankruptcy order authorizing the sale of an asset of the bankruptcy estate, because
he was not a "person aggrieved" by the order. Fondiller v. Robertson (In re
Fondiller), 707 F.2d 441 (9th Cir. 1983).
To have standing on appeal, a debtor carries the burden to "demonstrate that
[he] was directly and adversely affected pecuniarily by the order of the bankruptcy
court." Id. at 443. But Debtor presented no evidence in support of his assertion
that a successful appeal could result in returning residual assets to him.
AFFIRMED.
** The panel unanimously concludes that this case is suitable for decision
without oral argument. Fed. R. App. P. 34(a)(2).
*** The Honorable David C. Bury, United States District Judge for the
District of Arizona, sitting by designation.
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