In re: JOHN SHEK v. JANINA M. HOSKINS, Trustee; UNITED STATES TRUSTEE

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: JOHN SHEK,
Debtor.
______________________________
JOHN SHEK,
Appellant,
v.
JANINA M. HOSKINS, Trustee; UNITED
STATES TRUSTEE,
Appellees.
No. 14-60077
BAP No. 13-1331
MEMORANDUM*
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Jury, Kurtz, and Pappas, Bankruptcy Judges, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
FILED
JAN 26 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

-- 1 of 3 --

John Shek appeals pro se from the Bankruptcy Appellate Panel’s judgment
affirming the bankruptcy court’s order dismissing Shek’s bankruptcy petition for
failure to file timely schedules and other required documents. We have
jurisdiction under 28 U.S.C. § 158(d). 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 Shek’s bankruptcy petition
because Shek failed to file all required documents in a timely manner, despite at
least three extensions of the deadline by the bankruptcy court. See 11 U.S.C.
§ 521(a), (i); see also Wirum v. Warren (In re Warren), 568 F.3d 1113, 1116 (9th
Cir. 2009) (discussing dismissals under 11 U.S.C. § 521).
We reject Shek’s arguments, made for the first time on appeal, that the
bankruptcy court should have waived the filing requirements, and that his property
was improperly sold. See Kaass Law v. Wells Fargo Bank, N.A., 799 F.3d 1290,
1293 (9th Cir. 2015) (“Ordinarily, an appellate court will not hear an issue raised
for the first time on appeal.”); In re Mercury Interactive Corp. Sec. Litig., 618 F.3d
988, 992 (9th Cir. 2010) (an issue will generally be deemed waived on appeal if the
argument was not raised sufficiently for the trial court to rule on it).
2

-- 2 of 3 --

Contrary to Shek’s contention that his filing fee should have been waived, he
did not apply for waiver of the fee. See Fed. R. App. P. 24.
We reject as unsupported by the record Shek’s argument that an attorney
representing the United States Trustee tricked Shek into waiving his rights.
Shek’s request to deny the appearance of Terri Didion on behalf of the
United States Trustee, filed July 15, 2015, is denied.
Shek’s “request[s] unavailability,” filed July 31, 2015, and October 14,
2015, are denied as unnecessary.
AFFIRMED.
3

-- 3 of 3 --