In re: CHARITY M. SEYMOUR v. BANK OF AMERICA; STEPHEN CHARLES FERLMANN, Attorney, Chapter 7 Trustee

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: CHARITY M. SEYMOUR,
Debtor,
CHARITY M. SEYMOUR,
Appellant,
v.
BANK OF AMERICA; STEPHEN
CHARLES FERLMANN, Attorney,
Chapter 7 Trustee,
Appellees.
No. 13-60080
BAP No. 11-1669
MEMORANDUM*
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Markell, Dunn, and Jury, Bankruptcy Judges, Presiding
Submitted April 22, 2015**
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
FILED
MAY 04 2015
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.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Charity M. Seymour appeals pro se from the Bankruptcy Appellate Panel’s
decision affirming the bankruptcy court’s judgment dismissing Seymour’s
adversary proceeding against her creditor Bank of America. We have jurisdiction
under 28 U.S.C. § 158. We review de novo BAP decisions, and apply the same
standard of review that the BAP applied to the bankruptcy court’s ruling. Boyajian
v. New Falls Corp. (In re Boyajian), 564 F.3d 1088, 1090 (9th Cir. 2009). We
affirm.
The bankruptcy court properly dismissed Seymour’s adversary proceeding
because she lacked standing to prosecute the claims, which arose pre-petition and
were accordingly property of the estate. See Estate of Spirtos v. One San
Bernardino Cnty. Superior Court Case Numbered SPR 02211, 443 F.3d 1172,
1176 (9th Cir. 2006) (bankruptcy code endows bankruptcy trustee with exclusive
right to sue on behalf of the estate); Cusano v. Klein, 264 F.3d 936, 945-47 (9th
Cir. 2001) (unscheduled asset continues to belong to estate and does not revert
back to debtor when case closes).
The bankruptcy court did not abuse its discretion when it denied Seymour
leave to amend because any amendment would have been futile. See Ditto v.
McCurdy, 510 F.3d 1070, 1078-79 (9th Cir. 2007) (stating standard of review); see
also Brawders v. County of Ventura (In re Brawders), 503 F.3d 856, 867-68 (9th
13-60080 2

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Cir. 2007) (absent some action by the representative of the bankruptcy estate, liens
ordinarily pass through bankruptcy unaffected).
AFFIRMED.
13-60080 3

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