Carolina Contreras Rynda

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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Memorandum
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	No. 09-41568 EDJ-7
Chapter 7
CAROLINA CONTRERAS RYNDA,
Debtor./
MEMORANDUM
The court has received from Carolina Contreras Rynda, the
above-named debtor (the “debtor”), a motion to require Tevis T.
Thompson, Jr., trustee in bankruptcy (the “trustee”), to sell her
certain assets of the estate, and an application for an order
shortening time for hearing thereon. 	The motion is grounded on an
alleged agreement by the trustee to sell the debtor certain assets
that are included in an auction sale scheduled to be conducted on
April 14, 2010. 	The debtor also alleges certain procedural
irregularities.
Initially, the court is faced with an issue as to the debtor’s
standing. 	Normally, debtors, as such, do not have standing to
object to sales (or compel sales) without a showing that the debtor
Signed: April 14, 2010

EDWARD D. JELLEN
U.S. Bankruptcy Judge

Entered on Docket
April 14, 2010
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 09-41568 Doc# 135 Filed: 04/14/10 Entered: 04/14/10 16:12:08 Page 1 of
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UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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2	Memorandum
has a financial stake in the outcome. 	In re Fondiller, 707 F.2d 441
(9th Cir. 1983). 	Morever, disappointed buyers, as such, normally do
not have standing to appeal confirmation of a sale. 	See In re
O’Brien Environmental Agcy., 181 F.3d 527 (3d Cir. 1999); In re
Colony Hill Associates, 111 F.3d 269, 273 (2d Cir. 1997). 	Here, the
debtor has not shown that she has any standing.
Nevertheless, the court will assume for present purposes,
without deciding, that the debtor has standing here. 	Even so, the
debtor’s motion must be denied on the merits (which renders moot the
application for order shortening time). 	The court has reviewed the
debtor’s moving papers and sees no evidence of an agreement by the
trustee to sell her any assets. 	Rather, the trustee sent a notice
to creditors stating that the trustee intended (rather than
contracted) to sell the debtor assets absent overbids.
More significantly, even if the debtor and trustee did enter
into a contract of sale, the trustee would not be bound to sell the
debtor any assets because the court has not entered any order
approving the sale. 	Bankruptcy Code § 363(b)(1); In re Roth
American, Inc., 975 F.2d 949 (3d Cir. 1992); Northview Motors, Inc.
v. Chrysler Motors Corp., 186 F.3d 346 (3d Cir. 1999). 	Here, there
is no such order.
In addition, the debtor has not presented any legal authorities
for the doubtful proposition that specific performance, rather than
a suit for breach and money damages, is an available remedy here.
The court need not resolve this issue because it is clear that no
enforceable contract of sale exists.
Case: 09-41568 Doc# 135 Filed: 04/14/10 Entered: 04/14/10 16:12:08 Page 2 of
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UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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3	Memorandum
Finally, Fed. R. Bankr. P. 7001(7), requires that a “proceeding
to obtain an injunction or other equitable relief,” such as specific
performance, must be commenced by adversary proceeding, rather than
by motion.
For the foregoing reasons, the court will enter its order
denying the debtor’s motion to compel the trustee to sell her
assets. 	This ruling, in turn, renders moot the debtor’s motion for
an order shortening time.
** END OF MEMORANDUM **
Case: 09-41568 Doc# 135 Filed: 04/14/10 Entered: 04/14/10 16:12:08 Page 3 of
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UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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4	Memorandum
COURT SERVICE LIST
Raymond R. Miller
Raymond R. Miller, Attorney at Law
P.O. Box 2177
Castro Valley, CA 94546
Michael J. McQuaid
Carr, McClellan, Ingersoll et al
216 Park Rd.
P.O. Box 513
Burlingame, CA 94011-0513
Case: 09-41568 Doc# 135 Filed: 04/14/10 Entered: 04/14/10 16:12:08 Page 4 of
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